1840 County Court Minutes

Compiled in July 1993 and submitted by Jacquelyn Cox Otts

I hope these notes will provide clues as to the location of these people during this period of time. I have attempted to keep the spelling of the names as I saw them in the records.

February Term 1840
Honorable John E. Sumner, Presiding
Edward Lee, Esquire, Sheriff
Summoned for jury duty: Joseph A. Blakey, Henly G. Snead, Alexander Hinson, Shadrack Canterberry William Wheeler, Elisha Cottingham, William Shearbuts/Shearbrts?, John Garner, William Buttler, Willis Langston, Meredith Digby.

Samuel Wilds Vernon vs Jesse A. Brown - p. 70
Case lined through and unreadable.

William Henderson, use of Warren G. Goodwin, vs William Davis - p. 71
Case lined through and unreadable.

Samuel W. Vernon vs Jesse H. Fulcher - p. 71
Defendant made default. Plaintiff to recover $74.49 (promissory note) and costs incurred.

Jesse Rogers vs Caleb Hannah and Stacy Lockhart - p. 71-72
Defendant made default. Plaintiff to recover $218 (promissory note) and costs incurred.

Daniel Rayfield vs Shadrack Rice - p. 72
Parties asked that suit be dismissed. The defendant assumed payment of court costs.

Philip J. Weaver vs Ransom Davis - p. 72
Jury: Joseph A. Blakey, Henly G. Snead, Alexander Hinson, Shadrack Canterberry, William Wheeler, Elisha Cottingham, Augustus A. Whatley, Joshua Lewis, Judge Cates, James Stanley, Willy W. Fields, John Chism. Plaintiff to recover from defendant and Absolom C. Harrison, the security, the sum of $31.98 and costs incurred.

James Right vs James Y. Harville - p. 72-73
Plaintiff represented by his attorney dismissed his suit and assumed payment of the costs.

Edmund King vs Jacob Johnson, Joshua Lewis, James Hill, James W. Davis - p. 73
Plaintiff discontinued his suit against Jacob Johnson. Defendants Joshua Lewis, James Hill, and James W. Davis failed to appear. Court ordered that plaintiff recover from them $276.80 (promissory note) and costs incurred.

H. ? Buckhannon, for the use of Dixon Cureton, vs Absolom C. Harrison - p. 73
Defendant made default. Plaintiff to recover $1,146.66 (promissory note) and costs incurred.

Bagwell L. Defreese took oath as attorney and counselor at law. - p. 73

Crawford & Hinds vs Joseph A. Blakey - p. 74
Joseph A. Blakey was the garnishee in this case. He swore on oath that he was not indebted to Asa Perkins. As defendant he was to recover his costs from the plaintiff.

Peter Harris vs William Davis - p. 74
Plaintiff to recover from defendant and David Davis, his security, the sum of $3.25 in debt and costs incurred.

Samuel Wilds Vernon vs Daniel Snead - p. 74-75
Defendant had "departed this life since the last session of this court." Sheriff was to notify Margrett Snead, Henley G. Snead and Valentine Cauley, as executors, to appear at the next term of court.

Samuel W. Vernon vs Zachariah Harman - p. 75
Jury: Joseph A. Blakey, William Wheeler, Alexander Henson, Elisha Cottingham, Shadrack Canterberry, Henly G. Snead, William Bennet, James W. Davis, H. B. Brownwell, Williamson Jones, Joseph Armstrong, Joseph Nagers. Plaintiff to recover $146.42 (promissory note) and costs incurred.

Samuel Wilds Vernon vs Jesse A. Brown - p. 75-76
Jury: John Garner and 11 others. Plaintiff to recover $107.61 and costs incurred.

William P/T? Dixon vs Samuel H. Cox, Absolum C. Harrison - p. 76
Plaintiff to recover "thirty hundred and thirty five dollars and ninety one cents" and costs incurred.

Ansel Sawyer vs Jesse A. Brown - p. 76
Jury: Joseph A. Blakey, Alexander Hinson, Elisha Cottingham, Shadrack Canterberry, Henly G. Snead, Charles H. Collier, William Bennett, H. B. Brownwell, Williamson Jones, Joseph Armstrong, Joseph Rogers, James McDaniel. Plaintiff to recover $37.50 in damages and costs incurred.

Bryant Lee vs A. C. Harrison and Robert Parker - p. 77
Plaintiff discontinued his suit against Robert Parker. Jury: John Garner, Meradith Digby, William Butler, Willis Langston, Isaiah Perkins, Wiley H. Fields, Stephen Stanley, Kneedham Holland, William A. Fondien, Lunsford Lowe, James Henry, Lindsey Rucker. Plaintiff to recover from defendant $167.25 and costs incurred.

J. J. & S. W. Vernon vs James T. Garrett - p. 77
Suit compromised. Plaintiff to recover from defendant his costs.

William F. Hodges, for the use of Presley A. Berry, vs Alexander Hill - p. 77
Case continued until next term.

Sanford & Cleveland vs Arthur Davis, Wiley Rucker, Burton Rucker, and Samuel H. Cox - p. 77-78
Plaintiff discontinued his suit on Arthur Davis. Other defendants failed to appear. Plaintiff to recover from the defendants $409.46 (promissory note) and costs incurred.

Eastham Garrent? vs Luke Devanport, James Devanport - p. 78
Plaintiff discontinued his suit against Luke Devanport (papers had not been served). James Devanport failed to appear. Plaintiff to recover from James Devanport the sum of $115.43 (promissory note) and costs incurred.

W. C. & M. Crenshew vs Luke Devanport and James Devanport - p. 78
Defendants made default. Plaintiff to recover $72.87 (promissory note) and costs incurred.

Ansel Sawyer vs Noah B. Coker - p. 79
Case continued until next term.

William Johnson vs Wiley H. Fields - p. 79
Case continued until next term.

John M. Cathan vs Charles G. McMurray - p. 79
Case continued until next term.

Crawford & Hinds vs James Stanley - p. 79
Thomas Crawford, one of the members of the firm of Crawford & Hinds, states under oath that he believes the statement of James Stanley, the garnishee in this case, to be incorrect. Jury to be called to hear this case.

Charles H. Collier vs Penelope Fondren - p. 79-80
Defendant represented by her counsel Lewis Kennedy, Esquire, moved to "quash" the proceedings. Case continued until next term.

Crawford & Hinds vs James Stanley - p. 80
Jury: Joseph A. Blakey, William Wheeler, Alexander Hinson, Elisha Cottingham, Shadrack Canterberry, Henly G. Snead, William Bennett, Adam James, Barney Kornegay, Nathanial Sanders, Lunsford Lowe, George W. Howard. Defendant to recover from plaintiff, Thomas Crawford, the sum of $4.50 for his services as garnishee and also his costs incurred.

Joseph Armstrong vs J. W. Birdsong - p. 80
Plaintiff to recover from defendant and Cumberland F. Clabaugh, the security, the sum of $12.24 and costs incurred.

William Henderson, for the use of Warren T. Goodwin, vs William Davis - p. 80
Case continued until next term.

License issued to Cumberland F. Clabaugh to sell liquors by the small measure. - p. 80

Anthony Stoutenborough vs Michael Mayberry - p. 81
Mistake was made in entering judgment in this case at the February Term of this court in 1839. Considered by court that plaintiff to recover of defendant at this term the sum of $1,351.85 (promissory note) and costs incurred.

James Cobb, use of Jesse Avery, vs James Whatley, James Beard - p. 81
Case dismissed by default of the plaintiff. Defendants to recover their costs from plaintiffs.

Benjamin Camp vs James W. Davis - p. 81
Case continued until next term.

AUGUST TERM 1840
Honorable John E. Sumner, Presiding
Edward Lee, Esquire, Sheriff
Summoned for jury duty: Madison Blake, Nehemiah Vernon, Jackson Creel, John A. Woods, Jesse Webb, Berry Owens, Robert Robuck, James Whatley, Jesse H. Fulcher, John Weldon, Walter Barrett, Joseph Mitchel, James Steel, Nicholas Canterberry, Green B. Cauley.

Benjamin Camp vs James W. Davis - p. 82
Case continued until next term.

Samuel Wilds Vernon vs Daniel Snead - p. 82
Case continued until next term.

Ansel Sawyer vs Noah B. Coker - p. 82
Case continued until next term.

William Johnson vs Wiley H. Fields - p. 82
Case continued until next term. Notice issued to Smith Kellum, the real plaintiff in this action.

Charles H. Collier vs Penelope Fondren - p. 83
Defendant made default. Plaintiff to recover from defendant and John M. Cates, the security, the sum of $15 in debts and costs incurred.

Jesse Leach vs Daniel Smitherman - p. 83
Case continued until next term.

Jesse Rogers vs Caleb Hannah and Stacy Lockhart - p. 83
Defendant made default. Plaintiff to recover $226 (promissory note) and costs incurred.

Moses Overton vs Garrett Freeman - p. 83
Defendant had "departed this life" and administration of his estate had been granted Mary Overton, John Overton, and Aaron Overton. Court ordered that papers be served.

George W. Jones, Sr.? vs John H. Logan - p. 84
Defendant made default. Plaintiff to recover $143.77 (promissory note) and costs incurred.

Philip J. Weaver vs Richard Bird - p. 84
Jury: Madison Blake and 11 others. Plaintiff to recover $78.75 and costs incurred.

George W. Howard vs James Hamilton and A. C. Harrison - p. 84
Plaintiff to recover $420 (promissory note) and costs incurred.

James W. Davis, for the use of George Howard, vs A. C. Harrison - p. 85
Plaintiff dismissed suit and assumed the payment of costs.

Abisha Camp vs Jace? Taylor and John Blake - p. 85
Continued until next term.

James Steel vs Robert Rabb - p. 85
Defendant made default. Plaintiff to recover $113 (promissory note) and costs incurred.

James Mahon, for the use of Stephen P. Bullard, vs A. H. Smith - p. 85
Defendant made default. Plaintiff to recover $68.75 (promissory note) and costs incurred.

James Glascock vs Wilton Rucker and John W. Suttle - p. 86
One of the defendants was not served until 6 June 1840. Court ordered case continued until next term.

William J. Leapard/Ledyard? vs David S. Boyd and David E. Davis - p. 86
Suit against David S. Boyd discontinued. Plaintiff to recover from David E. Davis the sum of $339 (promissory note) and costs incurred.

Nasa Campbell vs Wilson Devanport - p. 86
Defendant made default. Plaintiff to recover $76 (promissory note) and costs incurred.

Andrew Wooley vs William Garner - p. 86-87
Defendant made default. Plaintiff to recover $78.75 (promissory note) and costs incurred.

Martha Rea, for the use of Andrew Woolley, vs William Garner and Joseph Green - p. 87
Defendants made default. Plaintiff to recover $105 (promissory note) and costs incurred.

Ephraim Martin, for the use of Lewis W. Pond vs Paschal H. Davis - p. 87
Defendant made default. Plaintiff to recover $288.74 (promissory note) and costs incurred.

Powell and Randall vs Nimrod S. Underwood - p. 87
Case continued until next term.

George J. Lewis, Administrator of John Lewis, vs Jacob Purtle and Michael Purtle - p. 88
Plaintiff had not been notified of this appeal. Court ordered case continued until next term.

George J. Lewis, Administrator of John Lewis, vs Jacob Purtle and Michael Purtle - p. 88
Plaintiff had not been notified of this appeal. Court ordered case continued until next term.

George J. Lewis, Administrator of John Lewis, vs Jacob Purtle and Michael Purtle - p. 88
Plaintiff had not been notified of this appeal. Court ordered case continued until next term.

George J. Lewis, Administrator of John Lewis, vs Jacob Purtle and Michael Purtle - p. 88
Plaintiff had not been notified of this appeal. Court ordered case continued until next term.

William Perkins, for the use of John Henry, Administrator, vs Hardy Johnson - p. 89
Jury: Madison Blake and 11 others. Plaintiff to recover from defendant $58 and costs incurred.

Leapard Hatter & Company vs Moore & Billingsly - p. 89
Plaintiff discontinued his suit against Moore. Billingsly failed to appear. Plaintiff to recover from Billingsly $203.69 (promissory note) and costs incurred.

Robert Orr vs James W. Davis and Absolom C. Harrison - p. 89-90
Defendants made default. Plaintiff to recover from defendants and Ransom Davis, Sr.? or Jr.?, the security, the sum of $42 (promissory note) and costs incurred.

Robert Orr vs James W. Davis and Absolom C. Harrison - p. 90
Defendants made default. Plaintiff to recover from defendants and Ransom Davis, Sr.? or Jr.?, the security, the sum of $43.55 (promissory note) and costs incurred.

Dabny A. Martin vs John Minchew, Jacob Spidle, Stephen Stanley - p. 90
Plaintiff discontinued his suit against John Minchew and Jacob Spiele?. Stephen Stanley failed to appear. Plaintiff to recover from defendant Stephen Stanley the sum of $368.28 (promissory note) and costs incurred.

John Henry, Administrator, vs William Frost, William Perkins, and Bird Griffin - p. 90-91
Plaintiff discontinued his suit against William Perkins and Bird Griffin and the plaintiff was to pay their costs.

David E. Davis, Esquire, "took oath prescribed by law as an attorney and counselor." - p. 91

William F. Hodges, for the use of P. A.? Berry, vs Alexander Hill - p. 91
Case continued until next term.

William Henderson, for the use of Warren Y. Goodwin, vs William Davis - p. 91
Case continued until next term.

John M. Catlin? vs Charles G. McMurray - p. 91
Case continued until next term

Newton & Shannon, use of James W. Bates, vs James L. Waggoner - p. 92
Defendant made default. Plaintiff to recover $130.83 (promissory note) and costs incurred.

William B. Jones vs Ransom Davis - p. 92
Defendant made default. Plaintiff to recover from defendant and Edward M. Carleton, the security in the appeal bond, $40.30 (promissory note) and costs incurred.

William Perkins, for the use of John Henry, Administrator, vs Henry Rice - p. 92
By agreement of the parties and with the assent of the court this suit was dismissed.

Walter C. Duff, use of John Watkins, vs Michael Purtle - p. 92
Case continued until next term.

Alexander Spears vs Sarah Page - p. 93
Papers had not been returned to the court. Court ordered Augustus A. Whatley, a Justice of the Peace, to return the original papers before the next term of court.

Jesse Adkins vs Charles G.? McMurray - p. 93
By agreement of the parties with the assent of the court, this suit was dismissed as per written agreement. Plaintiff to recover $73.31 (promissory note) and costs incurred.

1840 County Court Minutes

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