John JUSTICE

                   Various birth dates show 1725, 1726, June 21, 1731?  Occupation in 1758was Blacksmith, Antrim Parish, Halifax, Co., VA.  Elected Constable,Pittsylvania Co., VA June 1767.  Served in the American Revolution, Ft.Rutledge, SC, June 1, 1777.  Death 1803 in Halifax Co., VA or inTraveler's Rest, Spartenburg Co., SC.  Occupation listed a second time asShoemaker.

Military Service:  Between 1779-1780, Major-Drum and Fife Corps.Revolutionary War Pension records W9092.  Served during 1777 and 1780with Captain Tutts South Carolina Co.

Probate:  August 28, 1751, John Justice built a water grist mill forWilliam Wilson, and same is not properly built, Augusta County, VA court.

Probate:  April 1760, John Justice, Jr. being guilty of profanelyswearing 2 oaths, is fined.
                  

                   "Simeon Justice, son of John and Mary Hogue died in 1783, in PittsyvaniaCo., leaving his wife and three minor sons.  John, Simeon Jr. and Thomas.John and Simeon Jr. Justice, "came of age to choose," orphans of Simeon,came to court and made choice of William Justice, their uncle, as theirguardian, said William and John entered into and acknowledged bond inpenalty of 1000 L.  (See Book 9 -- page 230  -- Feb. Court 1800).  OnFeb. 20 1792, Elizabeth Justice, widow of Simeon Justice, filed forrecording in Pittsylvania Co., VA., a relinquishment of her dowerinterest in her husband's estate to Abisha Watson my thirds of landformerly belonging to Simeon Justice, dead, lying in Harepin Creek inPittsylvannia Co."  (See Deed Book 9 -- Page 112 -- Feb. 20, 1792).

Her husband's brother, Thomas, had earlier moved to Rutherford Co., NorthCarolina so she and her other son Thomas went to Rutherford Co., N.C., inorder to join the members of the Justice family.  Apparently she diedsoon after making this long and hazardous journey, because the followingwas recorded in 1796 on page 65 of the records of the court of Pleas andQuarter Sessions the following:  "Thomas Justice, a minor, son of SimeonJustice dec'd, came of proper age to choose, and chose his uncle ThomasJustice, Sr., his guardian, who was approved by the court and enteredinto bond with Wm. Edwards, Surety."  Soon thereafter, Thomas joined hiscousins, John and Simeon, sons of his uncle John (1725 - 1801) andtravelled back to Pike County, Kentucky.  (See footnote page 16-A).  Hiscousins John and Simeon had only recently been discharged from the armyin south Carolina.  In Pike Co., KY., Thomas met and married ElizabethBlackburn in 1805 (See Kozie History of eastern Kentucky, Page 42).(actually was it was in 1812).  They were married by Matt Spurlock.  Tothis marriage were born four sons and two daughters.  The sons wereThomas, James, Simeon and Ned."
                  

                   Owned property February 16, 1809 located on the Big Sandy River, FromDavid Morgan, Floyd Co., KY.  Will dated July 3, 1812, Floyd Co., KY,Court File # 2.  Will probated March 13, 1813, Prestonburg, Floyd Co.,KY.  Occupation listed as Plantation Owner.

Probate:  April 15, 1799, John Justice, orphan of Simeon Justice, Sr.,deceased, stole two shotes of pigs, the property of Samuel Calland.  Finepaid.  Pittsylvania Co., VA Court.

Probate:  February 17, 1800, John and Simeon Justice, orphans of SimeonJustice, deceased, came into court and made William Justice theirguardian, Pittsylvania Co., VA Court.
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See notes under Simeon Justice, brother to William.
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                   Information from JoMMarch@aol.com from Justis, Justus, Justice for All.

Information from JoMMarch@aol.com from Justis, Justus, Justice for All.

The parents of this Thomas Justice are in serious discussion as towhether this Thomas comes from William Justice and Mary Frame line ornot.
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Also have birth listed abt 1727.  residence: Mill Creek, Rutherfordton,N.C.

Sold the last of his holdings in Virginia in 1779 and is shown in NorthCarolina with 600 acres of land in  1786.

Probate: January 1796, Orphan Thomas Justice, minor son of SimeonJustice, deceased, reached the age of selection and selected ThomasJustice, Senior as his Guardian, Rutherford Co., NC Court.  He became aBaptist minister.

Also see notes under Simeon Justice, brother to Thomas.

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Information from a typed partial lineage of the Davis Family provided byV. Iris Beck Womeldorff, a copy of which is in the Justice Family File atthe Henderson Historical Society, Hendersonville, N.C.

Buried Rutherfordton, N.C.

Owned land in several counties in Western North Carolina.  Waggonedproduce to South Carolina and Georgia, accompanied by son, James Dyer.Died on returning from a trip to Augusta, GA.

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Thomas started buying land in Rutherford County, N.C. on April 19, 1788in the Green River area, listed June 4, 1794.

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Thomas Justice and his wife Mary Dyer, who came from Virginia, settlednear what is now Mill Springs, in the Blue Ridge foothills of PolkCounty.  Two of their sons were among the earliest citizens in what isnow Henderson County.

"We next turn to the many deeds recorded in Buncombe Co., the parentcounty of Henderson.  Early land entries for the Justice family beganafter the Treaty of Hopewell, which was concluded in 1785, between thenational government and the Cherokees of Western N.C.  At this timeJoseph McDowell, Jr., of the famous western pioneer family , ran thedividing line between Burke and Rutherford Co. from the top of the BlueRidge to Pigeon River, and in 1787 N.C. began issuing the first grantsfor land in the Indian's old hunting ground beyond the Blue RidgeMountains.  Prior to this, in 1782, each soldier of the Continental Linethen in service, and who continued to the end of the War, or had beendisabled, and all who had served at least two years honorably and NOTreinlisted, or who had been dropped when forces were reduced, receivedland grants; the number of acres was determined by the rank of each man.

We can almost see our Justice men leaving Virginia and Eastern N.C. andmigrating up through Howard Gap, their land grants in their hands.  In1796 grant #251 had been issued to an Englishman, but a few yearsearlier, in 1789, the reknown Bishop Asbury had visited this area.  Stillearlier, in 1787, the first Land Grant west of the Blue Ridge was issuedto William Moore and on that same day, 640 acres was granted to theDavidson Family, for who Davidson River in present day Transylvania Co.was named.  Over in Burke Co. the State of N.C. had issued a Land Grantto William Mills (also famous in the history of Henderson Co.)  We nowfind the Justice family making their entrance into the history of thishitherto all Indian land.  In the records of Rutherford Co. there is adeed for 15 acres for 15 pounds sterling.  This was the first foothold,and dated April 19,  1788.  The deed however was not recorded until June4, 1794.  Thomas was listed as a witness to a sale of 100 acres for 30pounds sterling, sold by William Mills to one Richard Yielding.  This wasoriginally a Land Patent dated Nov 15, 1790, on both sides of RottenCreek of Green River.  Checking deeper we find a Thomas Justicereceiving, through State Land Grant #879, 100 acres July 19, 1794 alongMcDowell Creek in Rutherford Co.  As records indicate, several ThomasJustices were in the same locale; one being the orphaned son of Simeon asper the miscellaneous records in the court house in Rutherford Co., N.C.

Perhaps a short resume of where some Justice families were, through thevarious State and Federal Census records, might be appropo at this time.

1784 - If we look back at the State and Federal Census records, for theseyears, and in particular Halifax Co, N.C. we will find a John Justice,age 21 to 60, with seven white males either under 21 or over 60.  Thismight well be John oldest son of John and Mary Hogue Justice.  We canassume all seven were relatives and the four females listed might besisters or at least nieces of John.

1790 - In early Rutherford Co. we find Amos, Jared, and Thomas, Jr. allsons of Thomas Sr.  At this time Thomas Sr. has an additional two malesover 16; these could be his children or those of his sons John andWilliam, or even children of his deceased brothers John and Simeon.

1800 - In this year a John Justice is still on the Census in Halifax Co.with four white males and three females.  We can also find in several ofthe family listings in Buncombe, formed from Rutherford and Burke, suchnames as Amos, Simeon, and Thomas.  We note in Burke Co. the following -John, Joseph, Thomas and two Henry Justices.  Over in Rutherford Co. wefind Jared, two Johns again, and the Thomas we are recording in thishistory.  Three of these later ones most assuredly could then be sons ofJohn and Mary Hogue Justice.

1810 - This Census in Buncombe Co. records a John again; also a Benjamin,Robert  (could this be one related to Robert who in 1807 md PherabyBarrow in Halifax Co., N.C.?) and also there is a William and Joseph.  InRutherford Co. we see James and Jared, but no John; altho there is one ofhis name in Burke, along with a Henry.

1820 - Finally, in 1820 we have, in Buncombe, a George, James D. (who weknow is our James Dyar) who appears a little later in Henderson Co.; anda Thomas, and all living near each other.  In another locale is a JohnJustice Sr. and a William, who are near neighbors - with a John Jr. and aMary, nearby.  Many of these could well be descendants of John andSimeon, brothers to Thomas E. Justice.  Going back to Halifax Co., N.C.at even this late date we still find a Robert and a widow lady as head ofthe house - but whose house? and which lady?

All this is to show how the family grew, how they moved around, wherethey lived and to show too they were indeed land owners in Western N.C.long before Henderson and Polk Counties were planned.  These were yourtrailblazers at the turn of the Century.

Most all stories gleaned from descendants of this first man of RutherfordCo, Thomas Justice, Sr. start with James Dyar Justice, his youngest son.This was due in part to the short life of Thomas after he came to WesternN.C. and also to the busy life that James Dyar built for himself in thisarea.  Even now, try as we might wish, the full lineage of this branch isnot complete, but at least partially revealed in the line of descent fromJames Dyar, to the present.  Determination and desire most assuredly werepart of the dream of these settlers. They were seeking a home far fromVirginia, far from the Indians, and in this newly opened section theybelieved they were safe and had found their Utopia.  Their vigorousenergy and their Christian beliefs has strengthened them in their chosensteps and has also endowed their descendants into our own day and time."

"He is the pioneer from whom most of the Justice family in Western N.C.now descend - this includes those in Henderson, Buncombe, Rutherford,Polk, Mason, just to name a few.

We do not have too much on his early life altho he is listed on therecords of Rutherford Co. under date of Oct 28, 1782 receiving, byPatent, land on Green River.  In that same year he appears on the taxlist for the county owning 600 Acres.  When Buncombe was formed, 1791, wefind this family owning land in many of the above counties and it isthere that many of them grew to manhood.

In Rutherford Co., Abstracts of Deeds 1773-1795, we find Thomas listed onother records, as follows -

1788, 19 Apr  Peter Johnston to Thomas Justice for 10 ? tract of 15 Acreson North side Green River including improvement Thos. Justice bought ofJames McFarling (sic).  Recorded June 5, 1794.  No Witnesses.

1793, 11 Jan  William Mills to Richard Yielding for 30 ?, 100 Acres (landgranted by Patent Nov 16, 1790) both sides Rotten Creek of Green River.Isham Ravis (Revis) and Thos. Justice signed.  Recorded March 25, 1795.

1795, 11 Nov  Thomas Justice as Witness to Caleb Lindsey, with JamesLindsey having Power of Attorney.

A little about his early life, from Hubert Justice descendant of PhillipBrittain Justice, who was the grandson of the above Thomas, partiallycompletes the life of Thomas through Hubert's "family history" --"Thomas E. Justice carried produce into Georgia - going by wagon - andyoung James Dyar Justice, his youngest son would travel with him.  Allthe wonders of 'over the mountain' was implanted in this young man'smind....but on one trip his joy turned to sorrow when his father, ThomasE. Justice, died, while enroute back to the Blue Ridge Mountains."

We do find in Deeds in Halifax Co., VA., where the father John  died,that Thomas E. Justice, along with brothers Simeon and John, Jr. wereselling their inheritance.  The date of the last sale of land by ThomasE. was 1779 and it would allow for the next purchase, which was 1782, inRutherford Co., North Carolina.

Early deeds in Buncombe Co. also show their presence in this newly formedcounty.  The first Deed recorded was actually land in RutherfordCo...i.e. 100 acres on McDowell creek; this Thomas received from theState of N.C. patent (or grant) No. 879, under date July 19, 1794.  LaterThomas sells this same land under date of July 16, 1798 to son Amos.Records show too that on this exact day Thomas received from son Amos,100 Acres on Shaw's Creek (present day Henderson Co.), which makes onwonder if this transaction was only a "fair exchange".

Thomas had received another 150 acres, also Shaw's Creek, under Patent#680 dated Nov 21, 1799, and still more property (no description given)under date of Feb 18, 1803 from Amos.  This latter transaction could wellbe to Thomas Jr.  It is an established fact, through Deeds, that ThomasSr did sell to Thomas Jr under date of July 7, 1801, 100 Acres on RobinsCamp Branch... and that Thomas Jr. had received, earlier (Jan 27, 1798)from Andrew Miller, 200 Acres on Shaw's Creek.  All of these deeds showthe gradual inroads that Thomas Justice Sr, late of Halifax Co., VA. wasmaking into the records of Rutherford Co. N.C. as well as Bumcombe, andfinally Henderson and Polk Counties.  He had in the truest sense become aland owner, when the area was sparsely settled."
                  

                   Name may have been Elsie Alice Hughes Justice.
                  

                   Information from Judy Shakespaere
bjshakespaere@hotmail.com
                  

                   Information from JoMMarch@aol.com from Justis, Justus, Justice for All.