The times-news. [volume] (Hendersonville, N.C.) 1927-current, 1938-07-29
COUNTY SEAT
SITE CHOSEN
AT THE POLLS
Election Result in 184l
Contested on Ground
of Fraud
By MRS. SADIE S. PATTON

For more than two years after
Henderson county was created,
efforts were continued, without
success, to reach some kind Of
agreement about locating a town
site. Late in 1910, the State Leg
islature passed an act providing
for an election to be held in JAN
nary. 1s41, to decide between
two places, Hugh Johnson's land
on French Broad river, or at Wal
nut Grove, near the home Of Phil
lip Britain. which was in the
neighborhood Of Stoney Noun
tain.
When the site on the Buncombe
road was chosen by . majority Of
a hundred and nine votes, this
was contested in another law suit
which was carried to the supreme
court. A short time after the re-
! suit of the election was declared.
and before the suit was deter
mined in the higher court. Judge
Mitchell King conveyed to Will
liam Britain, chairman of the
County Court, fifty acres Of land
lying on the waters of Mud Greek.
beginning at q post oak. Brit
tain's corner on my line, thence
runs south Sc poles to stake on
the west side Of my old store
house," etc.
| An interesting side light on the
prolonged fight over choosing the
town site is seen in this deed from
Judge King which further de-
scribes his gift as "having more
particularly such shape, corners,
boundaries and size as are set
forth and delineated in a plat or
plan Thereof made by Elisha King.
surveyor, prefesed to letter bear
ing date 4th day of January.
1841, addressed by him, J. P. Gil
reath, to me, and which plan or
plat is hereby specially referred
to as explanatory of these pres
ents."
The plat or map referred to
has never been located, but its
date, January 4, 1841, was sew
eral weeks before the question Of
the town seat was submitted to
the voters. If this document could
be found, it might throw great
deal of light on why the election
was contested on the ground Of
fraud in it's conduct at the Flat
Rock precinct.
An additional twenty acres. ad-
joining the King land, was also
given by John johnson and James
Britain, covering the portion Of
the town which lies between ka-
nuga street on the south and Sew
enth avenue on the north.
At that time, the Turnpike or
State road from Greenville fol
lowed much the same route
traversed, by the Spartanburg
highway in. crossing Mud Greek
at the city limits, and passed
Kings old store house, the only
known landmark within the boun-
Diary, which stood near the inter.
section Of First avenue east, and
King street. Q block below the
court house.
The seventy nine acres Of land
was divided into one hundred lots.
which were contracted for sale. 4
committee on public buildings ap-
pointed, and the court house
erected. Main street was laid out
hundred feet wide, but for sew
eral years, only thirty feet thru
it's centre was opened and in use.
The cross streets were improved
as building progressed,-slowIy
for the first few years,--and what
is now Sixth avenue was then a
road which led to Hugh Johnson's
bridge over French Broad river.
In 1846, Henry T. Farmer, then
chairman of the County Court.
executed deeds for the town lots
which had been contracted for
sale, whose owners were:
James Evans and Jonathan
King,
James Blythe.
Allen Tabor and r. |. Allen.
James Mckinney,
Willism Case,
v. Ripley,
]. l.. Hood.
Abner Shepherd,
]. D. Miller and others.
Alex Hamilton.
Ephriam Clayton.
John LOFTS,
William Bryson, ..-
William Wayson.
Lambert Clayton,
William Beaver and D. B. Mil
Ter,
william Davies,
David Davenport,
N. w. Woodfn, -..
S. K. Stansell. /,
Samuel Berry.
A. T. Fain,
Joseph Livingston.
Henry Stevens, and
John Greer.
The Jail and courthouse had
been completed by that time.
Ripley's hotel, Elisha Kings brick
blacksmith shop on lower Main
street, McKinpey's brick house, A.
T. Fain's tailor shop, Baxter's
Dry Goods store, Stansell's Groc-
| (Con. Page Six. Section Thres).