WAYNE COUNTY

CLERK OF SUPERIOR COURT

1845-1849 PLEAS AND QUARTERLY SESSIONS

 

Source: The Church of Jesus Christ of Latter Day Saints microfilm roll #0508502.

Transcribed by Rita Korbach from the handwritten court minutes found in three unnumbered volumes for the following years: 1845–1848 pages 1–469; 1848–1853 pages 1–537; 1854–1860 pages 1–705. Listed below are all Barnes family members and all references to Hollands cited in those court minutes.  Use your 'Control F' to search for names in which you are interested.  

FEBRUARY 1845 WAYNE COUNTY COURT

2/45 6 Ordered that Ina? Barnes daughter of Bunyan R. Barnes have lien to retail spirits for one year only.

2/45 24 Theo, Wm, Dempsey Barnes mentioned at bottom of page

2/45 26 Wm & Jonathan Barnes mentioned

2/45 27 A deed of sale from Bunyan Barnes to William Thomson …duly acknowledged in open court… ordered that it be registered

2/45 35 Bunyan Barnes was security for Hooks

2/45 39 Jonathan Barnes mentioned

2/45 43 Ordered that Elisha Holland be discharged from public duty being a minister of the gospel (March ?, 1845)

2/45 52 William W?. Barnes mentioned

2/45 53 Joshua and Elias Barnes mentioned as jurors

2/45 56 William W? Barnes – deed of sale

 

AUGUST 1845 WAYNE COUNTY COURT

8/45 63 Joshua, Elias Barnes mentioned

8/45 64 Drew Barnes – witness

8/45 67 William Barnes – juror

8/45 73 Josiah Barnes, et al appointed patrollers in Black Creek

 

8/45 77 Burket Barnes, et al appointed to patrolls

8/45 80 Joshua Barnes & William Pope Guardian? vs. Joshua Barnes & Simon Hooks

 CONTINUE ON PAGE 81

February 1846 Court page 139
Exum Holland guardian to Elizabeth, Jonathan & Joanne Copeland came into
court and renewed his bond in sum of $500 with Green Holland and Major
Copeland sureties.

February 1846 page 148
John Davis vs. Jinnett Holland & Benj. Barnes.  The following jury
charged....and fina all issued in favor of the Plaintiffs and issue his
damage for interest to $24.15, find principle debt $223.83.  Judgment
for $248.48 plus costs.

May 1846 p. 185
Ordered that Charles Holland be exempt from military duty working public
road and paying pole tax on account of his infirmity.

November 1846 page 234
mention of Woodard Holland casting his vote against rebuilding the court
house


 Wayne County Court p. 282

Peter S. Barnes elected controller for Nahunta district …..mention of Bunyan & Drew

Wayne County Court p. 283 1847

Bunyan Barnes, Exparte } Petition to Legitimate - Upon the hearing of this petition. It appearing to the satisfaction of the court that William Barnes is the reputed son of the petitioner Bunyan Barnes born of the body of Elizabeth Copeland and is now about seventeen years of age. And it further appearing to the satisfaction of the court that the petitioner Bunyan Barnes was lawfully married to the said Elizabeth Copeland the mother of the said William Barnes after the birth of said William and continued to live with her as his wife until her death in 1830. And the petitioner now applying to the court to have the said William Barnes legitimated. It is ordered adjudged and decreed by the court. And the court doth accorringly? so order adjudge and decree that the said William Barnes be and he is hereby legitimated to all intents and purposes as the son of the Petitioner Bunyan Barnes and it is further ordered that the costs of this petition be paid by the Petitioner.

Wayne County Court p. 286

Deed of sale from Joshua Barnes to Benjamin Aycock

MAY 1847 WAYNE COUNTY COURT

5/47 292 Jonathan Davis 17, Henry Davis 16, Edwin Davis 14, William Davis 12 be bound to William [W? or N?] Barnes until they arrive at lawful age.

5/47 299 Ordered that the hands of Burrell Barnes and Jno. Barnes work on the Smithfield Road from Johnston County line to Cross Roads near Nahunta Swamp and Simon Hooks hands work on the new road leading from great branch to Nahunta Swamp.

5/47 303 State of North Carolina & Burket Barnes vs. Jas Dickinson & others. Same jury charges and finds debts to owe the sum of $4000 penalty of bond disclosed on to be discharged a payment of $171.43 of which $135.64 is principal and carried for tab paid. Judgment for same and costs.

5/47 309 Wm. Thomas Barnes juror – Hannum vs. Dickinson & Mays

5/47 311 Elias Barnes vs. Ichobud Pearson & Stephen Tedder…lists jurors…finds in favor of plaintiff…assesses damage to $2.55 and costs.

5/47 313 Elias and Josiah summoned to attend next court as jurors.

 

AUGUST 1847 WAYNE COUNTY COURT

8/47 323 Elias and Josiah listed with others for jury duty

8/47 325 Josiah served as grand juror. Elias served as petit juror

8/47 327 Elias …. Finds defendant not guilty……Elias, a juror at property terms be discharged for balance of term

8/47 328 Ordered that Sheriff summon the following persons to attend as jurors of the courthouse in Waynesboro on the 3rd Monday in November: ….Drew Barnes….Jno. G. Barnes…

8/47 330 Jury except for Elias Barnes and William Hines find defendants not guilty in State vs. William Jones and David Peterson

8/47 333 Ordered that Stephen Woodard, Jas David and Rob Cox be appointed a committee to audit and settle the accounts of B. Barnes adm. of Jesse Lowe and make a report to next court.

 

8/47 333 Wyatt Moze vs. Wm. H. Holmes, Ben Barnes & Calvin Aycock -- …favor of plaintiff $156.45 plus costs

8/47 336 (a) mention of road work up to Charity Barnes property; (b) mention of Drew Barnes appointed to committee to settle estate of Joshua Lamm

Deed of sale: Burket Barnes to Sarah Rowe

8/47 349 oath of Wm. W? or N? Barnes in deed of sale Martin to Coleman.

 

NOVEMBER 1847 WAYNE COUNTY COURT

11/47 355 …following service was returned by the Sheriff of said county….Drew Barnes…Jno. G. Barnes…

11/47 356 Jno G. Barnes drawn as grand juror

11/47 358 Ordered that Bunyan Barnes be appointed administrator upon the estate of Wm. H. Holmes by his entering into bond in the sum of fifteen hundred dollars with Wm. Hooks and Warren Aycock security.

11/47 358 mention of Drew Barnes serving as petit juror

11/47 364 mention of Burket Barnes and Bennett Barnes summoned to serve as jurors 3rd Monday in February.

11/47 366 mention of Jno Barnes voting in favor of building a new courthouse.

11/47 372 Ordered that Penina Artis now the age of two years be bound to Burket Barnes until she arrives at lawful age.

 

FEBRUARY 1848 WAYNE COUNTY COURT

2/48 383 Present at Court of Pleas and quarter session 3rd Monday February 1848, 21st day…..list of names including: Burket Barnes, Bennett Barnes

2/48 383 Henry Lucas, guard. for Henry & Sally Lucas renews his bond in sum of $800 with Elias Barnes & Jno Hayes security.

2/48 384 mention of Bennet Barnes drawn as a grand juror

2/48 386 Ordered that James Yelverton appointed Adm. upon estate of Henry Sauls dec? by his entering into bond in sum of $1000 with Elias Barnes and Henry G. Yelverton security

2/48 389 Ordered that Henry Pope, Wm. Barnes, Jesse Bass and Arthur Bass be appointed patrollers for the Black Creek district for one year.

[large letter R] 2/48 391 Ordered that Elisha Pipkin and Drew Barnes have lien to retail spirits one year

2/48 395 Jonathan Barnes - Ordered that Wm. Bass be appointed guard. to Mary, Nancy, Miky, Wm. Bass upon his entering into bond in sum of $500 with Jonathan Barnes & Jno Hays security.

2/48 398 Ordered that William Barnes be appointed overseer of the new road leading from Nahunta – to Jo Terrells and that Godfrey Stansell, Jacob Hooks and Benj. Aycock be appointed a committee to regulate the hands on north side of Nahunta on the different road so as to give a portion to the new road.

2/48 404 mention of Jonathan Barnes ordered to appear as juror next spring.

 

MAY 1848 WAYNE COUNTY COURT

5/48 420 basically same as p. 398…….Ordered that William N? or W? Barnes be appointed overseer of the new road leading from Nahunta – to Jo Terrells and that Godfrey Stansell, Jacob Hooks and Benj. Aycock be appointed a committee to regulate the hands on north side of Nahunta on the different road so as to give a portion to the near? road.

5/48 424 Wm. N. Barnes served as juror in State vs. Jon Ferrell, Gab Ferrell, Eph Ferrell and Sary? Sullivant?

[large letter R] 5/48 424 Ordered that Elias Barnes have lien to retail spirits for one year in said county

5/48 428 Wm. N. Barnes & Thadeus W? or M? Whitley vs. Godfrey Stansile & others

5/48 429 Bennet Barnes vs. T. C. Garrison

5/48 431 State of North Carolina & Ben Barnes, Adm. vs. W. H. Aycock, Adm. and others

5/48 432 State vs. N. H. Aycock and Joshua Barnes

5/48 435 Wm. Thomsen, Wm. Pope vs. W. H. Aycock, Warren Aycock and Elias Barnes

5/48 435 & 436 mention of Jesse Barnes summoned for jury duty

5/48 p--- …..appointed Inspectors of the Election held first Thursday in August in this County:…

Black Creek Dist: Jno Hays, Esq.; Amos Horn and B. Barnes

 

AUGUST 1848 WAYNE COUNTY COURT

8/48 445 Jesse Barnes mentioned on list of people

8/48 446 Ordered that Benjamin Barden have lien to retail spirits at B. Barnes still for one year.

8/48 451 Jonathan Barnes…on list of justices present for election results.

8/48 454 Benjamin Barnes adm. of W. H. Holmes

8/48 454 Order sheriff pay over to Wm. N. Barnes the notes for negros Ben & Ancy? sold by order of Court in George? Hook? et al vs. Jas Martin

8/48 457 Jesse Coleman vs. Jno Hooks & Benj. Barnes …..jury finds Benj. is security only

8/48 458 Order that letters of administration be granted to Elias Barnes upon the estate of Harbord Mumford by his entering into bond in the sum of $500 with Jno. G. Barnes and Godfrey Stansill his security.

8/48 460 William N. Barnes summoned for jury duty in November

8/48 461 John Hooks and others vs. Jas Martin…… Rule on William N. Barnes enter pleas to show cause why costs should not be…taxed.

8/48 464 A deed of sale from Jonathan Barnes, Burket Barnes, Bunyan Barnes & William N. Barnes to Jacob Hooks duly proved in open court by the oath of Godfrey Stansille a subscribing witness and ordered to be registered.

8/48 469 ….William N. Barnes – to the Court Public? on for road. The support of the sheriff bring and no exceptions bring taken thinks the same is in all respects confirmed and the court doth declare and decree that the wood as laid oft and market out shall be hereafter a public road.

End of first book

Beginning of next book: 1848 – 1853 Pages 1–537

NOVEMBER 1848 COURT – CONTINUED

11/48 1 mention of William N. Barnes present and duly empanelled

11/48 6 Ordered that Benjamin Aycock, Col. W. Hooks, Simon Hooks, Jno. G. Barnes and Zackariah Morriss be appointed a committee to let and the repairs of the bridges across the great Swamp at the head of Aycock Mile Pond and make report to the next term of this court.

11/48 12, item 55, White Barnes vs. Wm. L. P. Heath?? & Co. Same jury charged and find all issues in favor of plaintiff and assess his damages for interest to the

sum of $15.00

find principal sum 385.80

judgment for the sum of $400.80

with an amount $385.80 to be paid and costs

11/48 15 A deed of sale from Jesse Bass to William N. Barnes duly proved in open court by the oath of Elisha Bass a subscribing witness and ordered to be registered.

11/48 16 A deed of sale from Elias Barnes to John Bass duly acknowledged in open court ordered to be registered.

 

FEBRUARY 1849 WAYNE COUNTY COURT

2/49 18 Josiah & Jno. C. Barnes present and served as jurors….petit jury

2/49 20? State by Susan Howell vs. James Daniels - Josiah Barnes & Jno C. Barnes found in favor of defendant

2/49 21 Ordered that Burket Barnes be appointed overseer of the road leading from Widow Martins to David Mill and the usual hand work thereon

2/49 21 Jonathan Barnes listed with "majority of justices"

2/49 21 Ordered that William N. Barnes be allowed the sum of seventy nine dollars for repairing bridge across Great Swamp and the same be paid him out of county tax.

2/49 28, item 42, Enoch Hannum, Exor. of Sur? T. Hannum vs. Jesse Mays

…Josiah Barnes and other jurors find in favor of plaintiff.

2/49 29, item 59 James W. Lewis & Co. vs. Wm. L.P. Heath & Co

Josiah Barnes and Jno C. Barnes and other jurors find in favor of plaintiff

2/49 32, item 39 – Benj. Oliver vs. Jno A. Kornegay

Josiah Barnes and Jno C. Barnes and other jurors find in favor of plaintiff

2/49 43, item 41 - Mathew Davis vs. Burket Barnes

same jury except Jno. C. Barnes; Saml Smith in his place charged and find all issues in favor of defendant.

2/49 36 Jno G. Barnes summoned for jury duty May 1849

2/49 37 Jno. Barnes, et al, served as securities when Daniel Aycock is elected constable for Nahunta district

2/49 40 A deed of sale from Godfrey Stansill to Wm. N. Barnes duly proved in open court by the oath of Elias Barnes a subscribing witness and ordered to be registered.

 

MAY 1849 WAYNE COUNTY COURT

5/49 44 & 45 John G. Barnes listed as a petit juror

5/49 46 State vs. N.M. Godwin, Elias Barnes and Jacob Woodard

Defendants acknowledge themselves indebted to the State of North Carolina in the sum of one hundred dollars each to be liened to their goods and chattels land and tenements to be void upon condition. Wm. Godwin makes his personal appearance at the next term of this court and not depart the same without lien.

5/49 47 State vs. Elias Barnes and William N. Barnes

Deft Wm. N. Barnes submits

Deft Elias Barnes pleads not guilty.

The following jury charged vize Wm. Puryear, Jno T. Kennedy, Henry Lucas, Wm. H. Aycock, Grafton Langston, Samy/Lang? Newsom, Hubbard Edmundson, Garry Peacock, Benj. H. Barden, Thos. Vinson, Hiram Grantham, Daniel Howell charged and find deft not guilty. Bound and adjudged by the court that deft Wm. N. Barnes pay a fine of one dollar and costs.

5/49 48 On motion that the costs in the attachment suits against James Martin when William N. Barnes is interpleader be paid equally by the parties bound to pay the same.

5/49 50 Ordered that Elias Barnes be appointed guardian of James H. Mumford upon his entering into bond in the sum of two hundred fifty dollars with Lucas & Henry Martin securities

5/49 50 State by Matilda Flowers vs. Stephen W. Barnes

The following jury charges vise Wm. Hines, William Epps, Henry Lucas, Ingram Rhodes, Jno. R. Tilton, David Cogdell, Bennit Combes, Wiley Mourning, Jo Ingram, Wiley Smith, Wright Blow and Wate? Martin find defendant is not the father as charged.

5/49 58, item 76 Stanton __? Barnes vs. Same

[note: item 75 was O’Brien Griffen & Frick vs. Adam C. Davis]

Same jury charged and find all issues in favor of Plaintiffs and access his damage fee in to $17.81 and for principal money to $210.77. Judged for the sum of $228.85 and costs.

5/49 59 Ordered that Jonathan Barnes, Bunyan Barnes and Henry Pope be appointed a committee to audit and settle the account of Stephen Woodard, Adm. of Zilphia Bryan and make report to the next term of this court.

5/49 60 Ordered that Jesse Bass be appointed overseer of the road leading from Upper Black Creek bridge to the branch at Charity Barnes and the usual hand work there.

5/49 60 Bennit Barnes summoned for jury duty August Court

5/49 62 Ordered that Josiah Barnes be appointed overseer of the road leading from Major Copeland to the great branch at Charity Barnes and the usual hand work thereon.

5/49 62 Ordered that the following persons be appointed commissoners to access the land in their respective districts as parct?? of cook?? legislature vize:

Black Creek: - John Hays, Esq.; Bunyan Barnes; & Thos. Horn

5/49 64. Ordered that the following persons be appointed inspectors to hold the election in their respective districts on the first Thursday in August next vize:

Nahunta - Woodard Holland, Esq.; Simon Hooks & Jno G. Barnes

5/49 64 State by Martha Edmundson vs. William Barnes

In appearing to the satisfaction of the court that the child of Martha Edmunson Hcharlmuth??? [looks like it was erased] she has charged the deft has been born since the last term of this court and by the admission of the deft Wm Barnes that he is the father thereof. The court doth order and adjudge that he enter into bond with securities as required by law and it is further ordered and adjudged that the said Wm Barnes pay into court further with to the use of the said Martha Edmundson ten dollars for her lying in month and twelve dollars annually for each year hereafter for seven successive years for the support of the said bastard child and that he pay the costs of these proceedings.

5/49 66 A deed of sale from John Exum to John Davis and Benjamin Jones School Committee and their successing in office duly proved in open court by the oath of Elias Barnes a subscribing witness ordered that it be registered.

5/49 70 and 71 Bennett Barnes present at court

5/49 72 Ordered that Josiah Barnes be appointed Guardian of Abram/Isham? Lamb, Rufus Lamb, Thomas Lamb and Polly Lamb upon his entering into bond in the sum of five hundred dollars with Simon Hooks and Thomas Tomblinson security

5/49 72 Ordered that Ste. W. Barnes have lien to which spirits one year at Nahunta.

5/49 77 Ordered that Simon Newsom, Elias Barnes and John Hays be appointed a commission to let out the building of a bridge across Black Creek ["Collie" or "@ Ollie"] Pearson bridge and make report to next court.

5/49 81 Ordered that Burket Barnes, Lary? Newsom and James Daniel be appointed a committee to let out the repairs of the lower black creek bridge and report to next court.

5/49 81 Ordered that Sam Sullivant, Needham Holland, Samuel Johnson, Ephraim Gaddin, William Thigpen, R. Martin, John Saper, Jacky Martin, Wiley W. Barnes & Jesse Sullivant be appointed patrolls in Nahunta district for the ensuing year.

5/49 81 Ordered that William Hooks, Simon Hooks, William H. Aycock, Simon Hooks, James Hooks, Simon Aycock, Burden T. Aycock, Mathew Hooks and Drew Barnes be appointed patrols in Nahunta district for the ensuing year to serve without pay.

5/49 83 mention of Drew Barnes and Bunyan Barnes to serve jury duty next superior court.

5/49 83 mention of Burket Barnes and Jesse Barnes to serve jury duty in November county court.

5/49 84 mention of Elias Barnes, security in John Coley vs. David James

5/49 86 Ordered that Elias Barnes have lien to retail spirits at his still one year.

 

NOVEMBER 1849 WAYNE COUNTY COURT

11/49 92 mention of Burket Barnes and Jesse Barnes present at Court of Pleas and Quarter Session.

11/49 92 mention of Burket Barnes serving as petit juror

11/49 93 mention of Burket Barnes & other jurors find defendant not guilty in State vs. John G. Holland.

11/49 93 jury – except for Burket Barnes – find defendant guilty in State vs. Elias Howell.

11/49 97 Burket & other jurors find deft not guilty in State vs. Major Farrell.

11/49 98 Burket & other jurors find deft guilty in State vs. Philip D. Lyon.

11/49 99 Burket & other jurors find for a mistrial in Harrell Flowers vs. Wm. Kelly.

11/49 100 Burket & other jurors served in Council Applewhite vs. Levi Winn, et al.

11/49 101 State of North Carolina & Gard Thomson vs. Peter S. Barnes – Same jury charged and find all issues in favor of the plaintiff and assess his damage to $35.43. Judgment for $4000. Penalty of bond declared on to be discharged on payment of the above damages and costs.

11/49 102 James D. Barnes vs. Same [note: previous defendant was Thomas Hadley]

Same jury charged and find all issues in favor of the plaintiff and access his damages to interest for $96.51 and for principal debt to $721. Judgment for $817.51 with interest on principal debt to be paid and cost. Deft. appealed and given for security Jno. Wright and J. W? Sasser.

11/49 105 mention of Elias Barnes and others appointed to patrolls in Black Creek district for ensuing year to serve without pay.

11/49 106 mention of Josiah Barnes and Elias Barnes as securities

11/49 106 Ordered that James Daniel, Bunyan Barnes, Sary/Lary/Sam Newsom and Burket Barnes be appointed a committee to let out the repairs of the lower black creek bridge and report to next court.

11/49 110 -----------------------------print out deed -----------Elisha & Theresa

 

11/49 111 A deed of sale from Ephram Bass to James R. Barnes duly proved in open court by the oath of Elisha Bass a subscribing witness. Ordered that it be registered.


 

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