Josiah (Joseph) Vess is the son of Peter Vess and Catherine Crook in Rutherford County, North Carolina. Not much is known about him, as he seems to have disappeared after 1850, like his older brother John. Fortunately, I was able to dig up a little something…

Burke County

Josiah Vess was born in Rutherford County, North Carolina, in 1822, most likely on Knobs Creek. In 1831, his father obtained land on Cedar Creek (located in the Broad River Township), which is sandwiched in between Burke and Buncombe County.

We know from Peter’s records, that the family had connections to Burke County, even though they were residents of Rutherford County. This was likely because Cedar Creek is located closely to the Burke County border.

His parents, Peter and Catherine, left Bill’s Creek Baptist Church prior to 1836, and by 1838, they appear to have become members of Bethlehem Baptist Church, located in Crooked Creek of Burke County. This area of Burke County, will later become part of McDowell County in 1842.

Bastardy Bond: Elizabeth Justice

In 1844, Josiah Vess of Rutherford County, was called to McDowell County, to answer to a Bastardy Bond via Elizabeth Jutis (Justice).

I could not find any more court records about it, so I cannot confirmed whether or not Josiah Vess had a child with Elizabeth Justice. But, if true, the child may have been William A. Justice.

William A. Justice was born in 1844 in McDowell County, and died during the Civil War from disease. The 1850 census reveals his mother’s name was Elizabeth Justice, and there was no father listed on census with her.

1846: Family’s Return To Bill’s Creek

On April 27, 1846, Josiah married Zillah (Zilia) Early, daughter of Andrew Early and Nancy Duncan. Together they had six children: Mary Jane, William Bailey, Rhoda Adeline, Zilla, John Jefferson (pictured below), and Emmaline.

During the Fall Court of 1846, Josiah, and his older brother John, are part of the deed transaction between his father, Peter Vess, and Joseph Souther. This is when Peter gave his land (on Cedar Creek) to Joseph Souther to settle a $50 debt.

On December 26, 1846, Josiah and his wife, Zilla, along with his brothers John, Andrew, Alfred, and Alexander, become members of Bill’s Creek Baptist Church, joining their mother, Catherine who returned in 1844.

On the 1850 census, the Vess family is back in Bill’s Creek (Rutherford Co).

Here we see Josiah, listed with his wife, Zilla, and two of their children, Mary and William. His older brother, John and his family are also listed, as well as their mother Catherine, with the rest of his siblings (except for Andrew, who is living near his Halford in-laws).

Peter probably died shortly after transferring his land to Joseph Souther in 1846.

1849-1853 Conflict With Father-In-Law

We can find records of Josiah Vess in the book, “Bill’s Creek Baptist Church: Two Hundred Year History,” by Helen M. Lu.

Lu notes that Josiah Vess was a member of the church in 1846, 1847, 1848, and 1849.

On October 15, 1853, he was excluded due to excessive drinking.
In November, he was charged for threatening to kill his father-in-law (Andrew Early). However, his membership was restored in December, after admitting that he did make “some threat,” but did not follow through with it.

Death of Josiah and Zilla Vess

There is no official record of Josiah’s death, however, Josiah and his family seem to have disappeared after the 1850 census, with their children reappearing after 1870 as adults.

We do know that Zillah died on December 26, 1862, as we find her memorial in the book, “Bill’s Creek Baptist Church: Two Hundred Year History,” by Helen M. Lu. Her memorial does not mention her husband, focusing largely on her young children, suggesting he may have passed away prior to 1860.

“Sister Vess left behind a numerous family of helpless little children to mourn their irreparable loss.”
– Bill’s Creek Baptist Church: Two Hundred Year History, by Helen M. Lu.

1860: The Nanney Family

Although Zilla’s death is reported to be in 1862, her children appear to be living with the Nanney family on Cathey’s Creek in 1860.

On the 1860 census, in Cathey’s Creek, Rutherford County, North Carolina, Amos and Temp Nanney list their children as “Thomas, Mary, Zeruah, Jothan, William, and Infant.”

Thomas is the son of Amos Nanney, as later records reveal; but, the other listed children, do not appear in future records or are listed on any family trees. However, their names do match the names of Josiah’s children (Mary, Zillah, John, and William), strongly suggesting, these children are likely VESS.

I cannot confirm 100%, that the children of Josiah were living with a Nanney family in 1860, as the record itself is badly faded (below is just a transcription of it); however, there are a couple of other Nanney-Vess connections.

Nanney Family Connections

Josiah’s oldest daughter, Mary, married Charles Nanney, son of Randal Nanney. And, his son, John Vess is listed in the will for Tinsey Searcy (Nanney), daughter of James Nanney (Amos Nanney’s uncle).

I wasn’t able to find any earlier Vess-Nanney connections. They do not appear as members of Bill’s Creek Baptist Church, so I am not sure how the children of Josiah and Zilla became acquainted with the Nanney family.

Citation:

“North Carolina, United States records,” images, FamilySearch (https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSYD-27JL-6?view=explore : Jul 25, 2025), image 1711 of 2031; . Image Group Number: 008357713

“Rutherford, North Carolina, United States records,” images, FamilySearch (https://www.familysearch.org/ark:/61903/3:1:3Q9M-C9B8-T9F6-G?view=explore : Jul 25, 2025), image 44 of 216; . Image Group Number: 007718487

“Rutherford, North Carolina, United States records,” images, FamilySearch (https://www.familysearch.org/ark:/61903/3:1:37SQ-296S-MP9?view=explore : Jul 25, 2025), image 125 of 462; North Carolina. County Court (Rutherford County). Image Group Number: 004779253

Ancestry.com. North Carolina, U.S., Marriage Records, 1741-2011 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2015.

Historical Data Systems, comp. U.S., Civil War Soldier Records and Profiles, 1861-1865 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2009.

Lu, Helen Mason. Bill’s Creek Baptist Church, Two Hundred-Year History, 1782-1982. 1982.