Court Minutes of February 6 & 13, 1797
Copied by Margaret S Hartman from Court Order Book A, Page 81
At a Court held for Campbell County on Monday the 6th
February 1797 at the house of Jacob Fowler in the Town of Newport.
Present: Esquires
Thomas Kennedy
Henry Brasher
James Miller
Page 81-Ordered that this Court be adjourned 'till the 13th Inst pursuant to an Act of the General Assembly.
Minutes of February 13, 1797
At a Court held for Campbell County on Monday the 13th Feby 1797 at the house
of Jacob Fowler in the Town of Newport agreeable to an Act of the last General
Assembly altering the Court day of this Court.
Present: Esquires
Thomas Kennedy
Henry Brasher
Jacob Pyatt
The Commission of the Governour of this State being produced in Court appointing Jacob Pyatt a Justice of the peace for this County together with a Certificate of the due qualification of the said Jacob as a Justice as aforesaid It is Ordered that the said Certificate be recorded.
Page 82-Robert Benham Executor of Peter Benham deceased produced the account of his Executorship which was allowed & ordered to be recorded.
On the motion of Elizabeth Benham It is ordered that Washington Berry, Henry Brasher and Thomas Kennedy or any two of them do assign unto the said Elizabeth her distributable share of the personal Estate of Peter Benham deceased her late husband (being in this County) and make report thereof to the next Court.
An Indenture of Bargain and Sale from the Trustees of Newport of the one part to John H Holland of the other part was acknowledged by the said Trustees & ordered to be recorded.
Daniel Symmes Esquire having taken the necessary Oaths was admitted to practise as an Attorney of this Court.
David Wilson (Appellant) vs William German (Appelle)
Page 83-This day came the parties by their Attornies and thereupon the Court took into consideration the controversy between the parties aforesaid and determined that the Judgment rendered before the Justice ought to be reversed Therefore it is considered by the said Court that the said Judgment be reversed & that the Appellee pay to the Appellant his costs in this behalf expended & the said Appellee in mercy & c.
Susan McKenny and William Crain allow'd one days attendance as Witnesses for the Appellant.
Edward Welch allowed one days attendance as a Witness for the Appelle.
An Indenture of Bargain and Sale from Robert Benham and Elizabeth his wife of the one part to Stephen Lyon of the other part was acknowledged by the said Robert & Elizabeth she having been first privily examined as the Law directs and Ordered to be recorded.
It is ordered to be certified that the above Deed was given instead of another of the same date with this viz (?) the 8th April 1796 which is given up and declared of no effect.
Page 84-An Indenture of Bargain and Sale from Robert Benham and Elizabeth his wife of the one part to Jacob Fowler of the other part was acknowledged by the said Robert and Elizabeth she having been privily examined first as the Law directs and ordered to be recorded.
An Indenture of Bargain and Sale from Robert Benham and Elizabeth his wife of the one part to Jacob Barrickman of the other part was acknowledged by the said Robert & Elizabeth his wife she having been first privi1y examined as the Law directs and Ordered to be recorded.
An Indenture of Bargain and Sale from John Bartle and Lydia his wife of the one pert to Jacob Fowler of the other part was proved by the Oaths of Thomas Kennedy, Henry Brasher and Stephen Lyon Witnesses thereto & ordered to (be) recorded & a Commission awarded to take the privy examination of Lydia the wife of said John Bartle.
Page 85-An Indenture of Bargain and Sale from Nathan Kelly and Hannah his wife of the one part to Timothy Bewel of the other part was acknowledged by the said Nathan and Hannah his wife she having been first prively examined as the law directs and ordered to be recorded.
The Persons appointed to lay off the Road from Newport to Wilmington reported that they had laid off the same as follows beginning at about one half mile on the road above James Johnson leading to the Widow Stevens's at Trees marked by us and to follow the way which we have marked passing thro' the Lands of George Kelly Thomas Johnson Squire Grant John Grant and Bartlett Graves. On Consideration whereof it is Ordered that the said road be established.
On the Motion of William Daniel Ordered that his Costs a Writ of ad Quod damnum be issued according to Law to be executed on the 15th March next returnable to the next Court to ascertain whether he ought to have leave to erect a Water Grist Mill on Philips's Creek he owning the Lands on both sides of s'd Creek.
Page 86-An account was produced by John Brasher for services rendered as Clerk of the election of Member of Congress which was allowed and Ordered to be certified.
Ordered that the Sheriff pay Philip Coleman L2-0-6 out of the Depositum for the last year if so much remains in his hands.
An Indenture of Bargain and Sale from the Trustees of Newport of the one part to David McClure of the other part was prov'd by the Oathes of James Taylor Jacob Fowler and William Truman and ordered to be recorded.
An Indenture of Bargain and Sale from same to same proved by the same Witnesses & ordered to be recorded.
Thomas Lindsay produced a Commission from James Garrard Governour of the State of Kentucky appointing him Coroner of this County of Campbell thereupon the Said Thomas qualified as Coroner according to Law.
On Motion of Charles Morgan Ordered that Jacob Mills, David Calglasher, Samuel Belveal and Christopher Reynolds or any three of them act as Viewers to mark out the nearest and best way from Perry's Ferry to the Mouth of 3 Mile on Licking and make Report of the conveniences and inconveniences of the said intended Road to the next court.
Also Ordered that Jonathan Ross, John Donovan & Michael Brady act as Viewers to mark out the nearest and best way from thence to intersect the Lexington Road and to make Report of the conveniences and inconveniences of the Said intended Road to the next Court.
Ordered that Jacob Fowler act as Overseer of the Streets of Newport in the room of James McClure.
Page 88-Jacob Barrickman appointed Overseer of the Road from Newport to Thomas Lindsay's in the room of John Bartle.
Joseph Robinson is appointed Commissioner of this County and is qualified according to Law.
An Indenture of Bargain & Sale from the Trustees of the Town of Newport of the one part to Elie Williams and Daniel Mayo of the other part was acknowledged by the Trustees and Ordered to be recorded.
Ordered that Thomas Lindsay be recommended to the Governour of this State as a person qualified to act as a Justice of the peace for this County and that it be certified to the Said Governour that the Magistrate who resides in his Neighbourhood is about to remove.
An Inventory of the Articles disposed of at the Sale of David Leitchs personal property with the respective sums for which they were Sold was produced in Court & ordered to be recorded.
Ordered that Court be adjourned 'till Court in course. Signed Thos Kennedy