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ASHE COUNTY

County History: Established in 1799 and named for Samuel Ashe, a patriot in the Revolutionary War. The first settlers came to the area with Bishop Augustus Gottlieb Spangenberg, a Moravian minister who was looking to settle the area in 1752.After considerable hardship, his party moved on to settle in what is now the Winston Salem, NC area. "Old Salem" in Winston Salem is the central area of settlement for Moravians in the state.


 

  Population:
(U.S. Census)

1900

19,581

1920

21,001

1940

22,664

1960

19,768

1980

22,325

2000

24,384

     "The act to establish the county of Ashe is one of the shortest on record. It was passed in 1799 (Laws of N. C., p. 98) and provides that "all that, part of the county of Wilkes lying west of the extreme height of the Appalachian mountains shall be, and the same is hereby erected into a separate and distinct county by the name of Ashe," followed later by an act to establish permanently the dividing line between Ashe and Buncombe counties, the same to begin at "the Yadkin spring, and thence along the extreme height of the Blue ridge to the head spring of Flat Top fork of Elk creek, thence down the meanders of said creek to the Tennessee line."

The first record of the county court of Ashe is at the May term, 1806, with Alexander Smith, John McBride and Charles Tolliver, esquires, present. The following were the jurors Sidniah Maxwell, foreman, James Sturgill, Allen Woodruff, Samuel Griffith, Seth Osborn, George Koons, John Green, James Dickson, Levi Pennington, Benjamin Hubbard, Charles Kelly, James Murphy, Win. Harris, Alex. Lethern, Sciras Fairchilds. Edward King was appointed constable to attend the grand jury. Elisha Collins was excused from road duty "by reason of infirmity." At the February Term, 1807, James Cash recorded his "mark" for stock, being a crop and slit and under keel on the right ear; and Elijah Calloway and Mathias Harmon were qualified as justices of the peace. The jury appointed to "view the road from Daniel Harper's into the Elk spur road" made report that it "was no road." (1913, Arthur)

"If there was a term of the Superior Court held in Ashe county prior to the March term, 1807, there is no record of it. On the 9th day of March of that year, however, Francis Locke presided as judge, and appointed John McMillan clerk, with bond of © 2,000. Thomas McGimsey was appointed clerk and master, but resigned at the September Term, 1807. The grand jurors were Nathan Horton, foreman, James Bunyard, David Earnest, John Brown, Eli Cleveland, Joseph Couch, John Koons, Jonathan Baker, Elijah Pope, Jesse Ray, Samuel C. Cox, John Holman, Joshua Cox, Elijah Calloway, John Judd, Alex. Johnson, Morris Baker, Wm. Weaver. Henry Hardin, constable, was sworn to attend the jury. Only two cases were tried, the first of which was John Cox v. Isaac H. Robinett and Nathan Gordon, debt, judgment for © 596, 14-6d and costs. At the September term, 1807, Judge Spruce McCay presided and fined the delinquent jurors © 10 each, but afterwards released them. Six cases were tried. Judge Francis Locke returned for the Spring Term, 1808, and Judge Samuel Lowrie followed him at the Fall term. At the September term, 1810, on motion of Robert H. Burton, who was to become judge and preside at a future term, Samuel Cox, sheriff, was amerced, nisi, for not returning execution in the case of Robert Nall v. Jno. Burton and others. At the March term, 1811, Peter Hart was committed to jail for 24 hours and fined 40 shillings for making a noise and contempt of court, and Gideon Lewis and John Northern were fined 20 shillings each for not answering when their names were called. Judge Henderson presided at the March term, 1812, when John A. Johnson resigned his appointment as clerk and master. John Hall presided at the September term, while at the March term, 1813, the jury acquitted Win. Pennington of rape. At this term Waugh & Findlay recovered judgment for $55.06 against Elizabeth Humphries, but judgment was arrested and a new trial ordered. Duncan Cameron presided at the March term, 1814, while at the September term, 1815, the jury found that Win. Lambeth, indicted for malicious mischief (Betty Young prosscutrix) had taken "a mare from his cornfield to a secret place and stabbed her to prevent a repetition of injuring his crop, but were unable to say whether he was guilty or not and the judge, Hon. Leonard Henderson, ordered that a transcript of the bill of indictment and verdict be sent to the Conference court. At the September term, 1817, Judge Lowery did not get to court on Monday, but arrived the following Tuesday, and ordered Thomas Calloway, county surveyor, to survey the land in dispute between Thomas -McGimsey and Elisha Blevins. There is a grant to Gideon Lewis to 200 acres on Spring branch, entered September 16, 1802, of date November 27, 1806, and a grant to Reuben Farthing for 200 acres on Beaver Dams, entered July 4, 1829, of date December 5, 1831. Benjamin Cutbirth conveyed 100 acres on South Fork of New river to Andrew Ferguson, the execution of which deed was proven by the oath of Joseph Couch at the May term, 1800, of the county court." (1913, Arthur)

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