FAYETTE COUNTY, TN - COURT RECORDS - Court of Pleas and Quarter 1824-1833 ==================================================================== USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. This file was contributed for use in the USGenWeb Archives by: Teresa Yeary ==================================================================== Fayette County, Tennessee. Court of Pleas and Quarter Sessions. 1824-1833. FHS Microfilm 1003136 Court Minute Book A, Old Series: December 1824-April 1829 p. 8 February Term 1825. Ordered by the Court that the following persons be summoned to serve as jurors at the next term of the County Court viz. George W. Bennett, John Jarman Sr., Amasa Spencer, James Ritchy, Moses Ritchy, Henry Brooks, Jarman Koonce, Thomas Estil, Hiram B. Morgan, JOHN YEARY, John SHINAULT, Stephen SHINAULT, Samuel Wyatt, William Steadham, Shadrack Gardiner, John Head, Covington S. Beloat, John Pratt, Clabourn Harris, Samuel Cox, John Cuthbertson, John Howard, Richard Ramsey, Thomas Langham, Edmond Price, and Andrew Hayns. p. 18 Tuesday Morning, 10 May 1825. MAY TERM. Court of Pleas and Quarter Sessions for the County of Fayette. State of Tennessee to the Sheriff of Fayette County: Greetings. You are hearby commanded to summons George W. Bennett, John Jarman Sr., Amasa Spencer, James Ritchy, Moses Ritchy, Henry Brooks, Jarman Koonce, Thomas Estil, Hiram B. Morgan, JOHN YEARY, John SHINAULT, Stephen SHINAULT, Samuel Wyatt, William Steadham, Shadrack Gardiner, John Head, Covington S. Beloat, John Pratt, Clabourn Harris, Samuel Cox, John Cuthbertson, John Howard, Richard Ramsey, Thomas Langham, Edmond Price, and Andrew Hayns personally to be and to appear at the courthouse for the County of Fayette on the first Tuesday after the second Monday in May next as jurors to said Term herein. Fail not have you then and there this said, witnessed: Henry M. Johnson, Clerk of our said Court at office this second morning, February 1825 S.B. Harper, Sheriff, April 20, 1825. p. 20 May 1825. Stephen SHINAULT vs. George Evans: Debt. p. 21 Wednesday Morning, 12 May 1825. State vs. Henry M. Johnson: Indictment. This day comes as well the Solicitor General on the part of the State as the Defendant in proper person who being charged upon the indictment pleads not guilty and for his trial puts himself upon the county, whereupon came a jury of good and lawful men, viz: Thomas Estil, JOHN YEARY, Hiram Morgan, John Head, Thomas Langham, Moses Ritchy, Edmund Price, Robert Cotton, Joseph Nail, Thomas Culbertson, Joseph Cotton, and John Powell who being elected tried and sworn the truth to speak upon the issue of traverse upon their oaths do say that the defendant is not guilty in manner and form as charged in this Bill of Indictment. It is therefore considered by the court that the Defendant depart here without day and that the Court pay the costs of this prosecution. p. 26 8 August 1825. Court of Pleas and Quarter Sessions for the County of Fayette. Ordered by the Court that Lawrence Evans, George W. Bennett, JOHN SHINAULT, James McKee, William Adams, Benjamin Cocke, and JOHN YEARY be appointed to a jury to burn and mark out a road beginning at Somerville and running as near the district line as the actuation of the ground will admit of in a direction to Covington (Tipton County) to the county line and make return to the next Term of this Court. p. 32 9 August 1825. Ordered by the Court that Shadrack Gardiner, Malachie Wemberley, John Jarman Sr., Amos Koonce, James Bickerstaff, John Mead, William Steadham, Frances Bounds, Andrew Browning, Robert Brashear, Reuben Smith, Washington Kees, William M. Browning, Benjamin Newburn, William Crump, George W. Bennett, Lawrence Wyatt, John Howard, Willie Powel, William Clifft, William Irons, Thomas Langham, JOHN YEARY, and John Powell be summoned to attend on the first Tuesday after the second Monday in November next as Jurors to said Term and Jesse Simpson and George W. Beloat to attend as Constables at said term. p. 35 Monday, November Term 1825. Ordered by the Court that M.S. MONTGOMERY, George Ellis, John Ellis, Samuel Walker and John Minsis be appointed a jury of view to mark out a road beginning at the town of Somerville and running in a direction to intersect the road at or near McGwire's Ferry as viewed out by a jury in the County of Haywood to the county line between said county of Fayette and Haywood and make report thereof to the next term of this Court. p. 37-38 November 1825 Term of Court. Tuesday, 15 Nov 1825. State of Tennessee to the Sheriff of Fayette County: Greetings. You are hearby commanded to summons Shadrack Gardiner, Malachie Wemberley, John Jarman Sr., Amos Koonce, James Bickerstaff, John Mead, William Steadham, Frances Bounds, Andrew Browning, Robert Brashear, Reuben Smith, Washington Kees, William M. Browning, Benjamin Newburn, William Crump, George W. Bennett, Lawrence Wyatt, John Howard, Willie Powel, William Clifft, William, Irons, Thomas Langham, JOHN YEARY, and John Powell personally to be and to appear at the courthouse for the County of Fayette on the first Tuesday after the second Monday in November next as jurors to said Term. Herein fail not witness Henry M. Johnson, Clerk of our said Court at office the second Monday in August 1825. In testimony whereof I have here unto set my hand affixed my private seal there being no seal of office. [Signed] Henry M. Johnson, Clerk. On the back of which the sheriff made the following return: In obedience to this within Writ I have summonsed the within persons freeholders and landholders of this County and above the age of 21 years. [Signed] Robert Knox, D. Sheriff Of whom the following persons being duly elected sworn and charged as a Grand Jury to inquire for the body of said county following persons being duly elected sworn and charged as a Grand Jury to inquire for the body of said county sentenced to court consider of presentments under the care of George W. Beloat an officer sworn to attend them, viz. Shardrack Gardiner [foreman], John Jarman Jr., Amos Koonce, John Head, William Steadham, Francis Bounds, Andrew Browning, William Crump, George W. Bennett, John Howard, Willie Powel, William Clifft, and JOHN YEARY. p. 44 Wednesday Morning, 16th November 1825. A Power of Attorney from Walter SHINAULT, John SHINAULT, Stephen SHINAULT, JOHN YEARY, and POLLY YEARY, to James SHINAULT was this day acknowledged in open court by the said Walter, John, JOHN YEARY, Stephen SHINAULT, and POLLY YEARY to be their attorney and ordered to be so certified. p. 51 Monday, February Term 1826. Ordered by the Court that Matthew S. MONTGOMERY be appointed overseer of the road leading from Somerville to Maury's Bluff on Big Hatchey and to have all the hands who lives on the waters of Big Muddy and make return to next Court. p. 53 Monday, February Term. 1826. Ordered by the Court that the following persons attend as jurors to the next of this Court: Joel Langham, Edmund Price, Thomas Langham, William Clifft, George Bowins, JOHN YEARY, Thomas Estil, James McKee, Miles Beauford, Robert Beauford, M.S. MONTGOMERY, William L. Wallace, John Albright, William Allison, Ransom Beasly, W. Logan, W. Hayes, Benjamin Birdsong, Jesse Birdsong, John Hendrick, John Perryman Sr., Thomas Culbertson, George Robertson, Joseph Mason, Thomas Draper, and George Beloat to a constable at said term. Court then adjourned until tomorrow morning 9 o'clock. Signed: Daniel Clifft, Daniel Johnson, J.T. Patterson p.65-67 Samuel B. Harper, Sheriff and Collector of Public Taxes for the County of Fayette reported to the Court the following tracts of land as having been omitted to be given for taxes for the year 1825 that the same is liable to adouble tax and that the double tax thereon remains due and unpaid that the respective owners or claimants thereof have no goods or chattels within the bounds of the county on which he can distrans for said double tax viz: [many names on p 65-67] p.66 Walter SHINAULT - Entry 926; 50 acres; District 11, Range 1, Location 4; Taxes $0.62 1/4, Sheriff fee $1.00, Clerk fee $1.40, Price fee $1.50 = Total 4.58 1/4. John SHINAULT - Entry 926; 40 acres; District 11, Range 1, Location 4; Taxes $0.49, Sheriff fee $1.00, Clerk fee $1.40, Price fee $1.50 = Total $4.39. Whereupon it is considered by the Court that judgement be and is hereby entered against the aforesaid tracts of land in the name of the state for the sums assigned to each it being the amount of double tax costs and charges due severally thereon for the Year 1825 and it is ordered by the court that said several tracts of land or so much thereof as shall be sufficient of each of them to satisfy these double tax costs annexed to them severally be sold as the law directs. Witnessed and signed by Henry M. Johnson, Clerk of the Court of Pleas and Quarter Sessions aforesaid County at office the second Monday of April 1826 [with his personal seal]. p. 74 Tuesday 13 April 1826. Ordered by the Court that the following persons attend as jurors to the next term of the County Court viz. .........Matthew S. MONTGOMERY....... p. 77 Tuesday, 18 April 1826. JOHN YEARY called as a Juror for this term of court. p. 78 15 July 1826. Ordered by the Court that the order made at November Term 1825 to burn and mark out a road from this place (i.e., Somerville, Fayette Co., TN) towards McGuire's Ferry be amended and that WALTER SHINAULT and JOHN YEARY be approved additional jurors and make report to the next Term of the Court. p. 84 Tuesday, 11 July 1826. State of Tennessee: To the Sheriff of Fayette County Greetings. You are hereby commanded to summons Joel Langham, Edmund Price, Thomas Langham, William Clifft, George Bowins, JOHN YEARY, Thomas Estel, James McKee, Miles Beauford, Robert Beauford, Matthew.S. MONTGOMERY, William L. Wallace, John Albright, William Allison, Ransom Beasly, W. Logan, W. Hayes, Benjamin Birdsong, Jesse Birdsong, John Hendrick, John Perryman Sr., Thomas Culbertson, George Robertson, Joseph Mason, Thomas Draper personally to appear at the Courthouse in the town of Somerville on the first Tuesday after the second Monday in July next a jurors to said Term. Herein fail not have you then and there for this Writ. Witness: Henry M. Johnson, Clerk of said Court at office the second Monday in April 1826. There being no seal of office I have herewith annexed my private seal. Summoned George W. Beloat to attend as Constable at said Term - H.M. Johnson. On the back of which the following endorsements were on Venisa to County Court. Issued 20 April 1826. Came to hand May 7, 1826. - S.B. Harper, Sheriff. In accordance to the within Writ I have summoned the within persons freeholders and householders of the County above the age of 21 years except Benjamin Birdsong who is deceased. July 1st, 1826 - S.B. Harper p. 85 Tuesday, 11 July 1826. Of whom the following persons were duly elected tried and sworn as a Grand Jury to inquire for the body of said County viz: Joseph Mason, foreman, Robert Beauford, George Robertson, Matthew.S. MONTGOMERY, Miles Beauford, Jesse Birdsong, George Beavers, William Haynes, Edmond Price, William Logan, Thomas Estil, Thomas Culbertson and JOHN YEARY after having been duly sworn returned under the care of Jesse Simpson a sworn officer to attend the same to consider of presentments under their care. p. 92 October Term, 1826. Monday, 9 Oct 1826. The transfer of a plot and certificate of surety from BENEDICT YEARY to JOHN SHINAULT was this day produced in open Court and the execution thereof proved by the oath of JOHN YEARY and WALTER SHINAULT and found to be certified. p. 94 October Term. 1826. Ordered that Matthew S. MONTGOMERY, George Ellis, John Ellis, Samuel Walker, John Myers, Walter SHINAULT, and JOHN YEARY to be a jury to mark a road beginning at the County line where a road from Brownsville continuing at McGwire's Ferry strikes the same thimes the nearest and best way to the town of Somerville and make report thereof to the next term of the Court. p. 98 Tuesday, 10 October 1826. State vs. William Clifft [Misdemeanor] JOHN YEARY served as a Juror in court. [Verdict rendered on p. 99 on Wednesday, Oct 11, 1826.] p. 126 Tuesday, 9 January 1827. J. McCollum vs. John Powell Stephen SHINAULT vs. Daniel Johnson JOHN YEARY served as a juror in both of the above cases. p. 160 Thursday, 12 April 1827. Ordered by the Court that the following persons be summoned to attend at the Court Term on the first Tuesday after the second Monday in July next as jurors to said term to wit: Elias Caruth, Samuel Ralston, James McKee, William L. Sloss, Willis F. Ritchy, Leander Black, Robert Buford, William Bill, JOHN YEARY, George Smart, Benjamin Ellis, William F. Henry, Isaac Reynolds, Joseph Cotton, Amos Koonce, John Jarman Sr., Clement Beloat, Tobias Dryden, Shadrack Gardiner, William Burrows, Robert Knox, William Allison, John H. Logwood, Enos Evans, James M. Steel, Hugh Blake, W. Clifft and L. Wallace as constable. p. 166 Tuesday, 10 July 1827. Court met according to adjournment present the worshipful Henry F. Steel, Daniel W. Head, Samuel Walkins and Wilkins Oldham, Esqrs., Justices of the Peace for the County of Fayette. Sheriff returned into Court a Writ of venisa fascia to him directed in the names following viz. State of Tennessee to the Sheriff of Fayette County. Greetings. You are hereby commanded to summons Elias Caruth, Samuel Ralston, Willis F. Atchison, William Bill, Benjamin Ellis, Joseph Cotton, Clement Beloat, William Burris, John H. Logwood, Hugh Baker, James McKee, Landon Black, JOHN YEARY, Wm. F. Hodge, Amos Koonce, Tobias Dryden, Robert Knox, Enos Evans, William S. Sloss, Robert Buford, George Smart, Isaac Reynolds, John Jarman, Shadrack Gardiner, William Allison, Joseph M. Steele personally to be and appear at the courthouse in the town of Somerville on the first Tuesday after the second Monday in July next as jurors to the said term of the county court and William Clifft, and Leonard Wallis, as constables herein fail not have you then and there this next. Witness: Henry M. Johnson, Clerk of our said Court, at office the 2nd Monday in April 1827 under seal at office this 14 May 1827. H.M. Johnson, Clerk. p. 167 Tuesday, 10 July 1827. On the back of which the following endorsement was made: Venisa facias County Court. LE. 14 May 1827. Came to hand the same day of Year. Joel S. Jones. In obedience to the within Writ next, I have summonsed the within persons freeholders and householders of this County and above the age of 21 years except Hugh Blake who has left the county. [Signed] Joel S. Jones, D. Sheriff Of whom the following persons were elected charged and sworn as Grand Jurors to inquire for the body of said County viz. Joseph Cotton, foreman of the Grand Jury, William Allison, George Smart, Robert Knox, JOHN YEARY, James McKee, John Jarman Sr., William Bill, Clement Beloat, Shadrack Gardiner, William Burris, Willis F. Atchison, Joseph M. Steele, who after receiving the oath and charged retired under the care of William Clifft a sworn officer to consider of presentments under their charges. p. 177 W.H. Maxwell, use of Sharp & Bartletion vs. C. Ritch. JOHN YEARY served as a juror p. 187 Monday, 8 October 1827. Ordered by the Court that Walter SHINAULT be appointed Administrator of the Estate of MARGARET SHINAULT, deceased, and entered into bond with Henry F. Steel and Laurence G. Evans his securities for said administration conditioned as the law directs. p. 202 Monday, 14 January 1828. Walter SHINAULT this day returned into open court the inventory and list of the Estate of MARGARET SHINAULT, deceased, and was ordered to be recorded. p. 203 Monday, 14 January 1828. Ordered by the court that JOHN YEARY be appointed overseer of the road from Somerville toward Jackson as far as the creek just south of Jesse Hall's and have all the hands who live south of the Big Muddy, north of Loosahatchy and east of the district line including Benjamin B. Wellins hands, said road to be of the second class. p. 207 Tuesday, 15 Jan 1828. JOHN YEARY, juror in the case: Executor of Robert G. Thornton vs. Heirs of Robert. G. Thornton. p. 210 Henry Ford vs. Collins and Beasly. JOHN YEARY, juror in the case. p. 214 Thursday, 17 Jan 1828. Ordered that the tax for the present year be the same as it was in the year 1827. Ordered that the magistrates secure and take a list of the taxable property and poles for the present year viz: Thos. C Hudson, Esq. For Captn. McKee's Company Miles Buford, Esq. For Captn. Crook's Company Samuel Ervin, Esq. For Captn. Gage's Company Daniel Johnson, Esq. For Captn. Choat's Company John Ragan, Esq. For Captn. Beloat's Company Samuel Johnson, Esq. For Captn. Alexander's Company William Ramsey, Esq. For Captn. Earle's Company Daniel W. Heard, Esq. For Captn. Mitchell's Company ISAAC YEARY, Esq. For Captn. Mitchel's Company Daniel Clifft, Esq. For Captn. Simpson's Company p. 225 Monday, 14 April 1828. At a Court of Pleas and Quarter Sessions began and held for said County of Fayette at the Courthouse in the town of Somerville on the 14th day of April 1828 being the second Monday of said month were present the worshipful Thos. C. Hudson, Daniel Johnson, Samuel Johnson, Samuel Ervin, Davis Jernigan, Wilkins Oldham, ISAAC YEARY, and Lawrence B. Evans, Esp., Justices of the Peace for said County of Fayette. -- Valentine D. Barry, Solicitor General. -- Henry C. Johnson, Clerk -- Samuel B. Harper, Sheriff p. 225 Monday, 14 April 1828. Ordered by the Court that Irvin Ellis be appointed overseer of the road leading from Somerville towards Jackson in the room [sic.] of JOHN YEARY and have all the hands in the bounds heretofor allotted to said JOHN YEARY as a road to be of the second class. p. 226 Monday, 14 April 1828. The Court then proceeded to elect a constable for Captain Crook's old Company and on counting the votes it was found that James SHINAULT was duly and constitutionally elected to fill that office for the ensuing 2 years, sentenced into bond with Walter SHINAULT and ISAAC YEARY securities therein to conditioned as the Law directs. p. 234 Tuesday, 15 April 1828. John Elliott vs. Jacob Ross and J.R. Brashears: Appeal This day came the parties by their attorneys and thereupon the defendants say they can not gainsay that the plaintiff's action in this behalf against them and confess that they are indebted to the said plaintiff the sum of $30.80 and in the further sum of one dollars damages for the actions thereof. It in therefore considered by the Court the plaintiffs recover of the defendant on motion against David Turner and JOHN YEARY their securities in appeal the debt of damages aforesaid in form aforesaid compensated together in this behalf expended. p. 241 Thursday, 17 April 1828. The Court met according to adjournment. Present David Johnson, Thomas C. Hudson and Henry F. Steel, Esquires, Justices of said County. James Dodson, A.M.C. Crawford, Robert Crawford and by the next found vs. Walter SHINAULT, JOHN YEARY, and ISAAC YEARY: Sover [sic.] This day came the parties by their attorneys and therefore came a jury of good and lawful men to wit: Isham R. Trotter, Richard Ramsey, Samuel B. Martin, William Bill, Thomas H. Black, Nathaniel Henderson, Robert Cotton, Alfred Moore, Enos V. Evans, Michael Gabbot, Seabourn Bickerstaff, and John Wilson, who being elected constables and the truth to speak upon the issue joined whereupon the plaintiffs agree to withdraw a jury and that no suit be entered which is done accordingly therefore it is considered by the Court that the defendants go hence without day and recover of the plaintiffs their costs about this suit in this behalf expended. Whereupon the defense plaintiff moved the Court that the nonsuit in this case be set aside and a new trial had in this case and after solemn argument being heard by the Court here fully understood it is considered that the nonsuit accede and that this cause stand for trial at the next term of this Court and that the defendants recover of the plaintiffs the costs of this term. p. 244 Thursday, 17 April 1828. L.G. Evans, ISAAC YEARY, W.F. Hodge, Henry F. Steel, Samuel Johnson, Daniel Johnson, Miles Buford, Wilkins Oldham, Samuel Erwin, Thomas C. Hudson, Esqrs., was present and ordered by them unanimously that the County Treasurer pay to J.B. Haynes the sum of $5.50 for money paid by him for fixing the jail &c. which a/c is filed. p. 251 Monday, 14 July 1828. Ordered that the following persons be summoned to attend at the courthouse in this County on the second Monday in December next as jurors to said Term of the Circuit Court viz. Henry F. Steel, Lewis P. Williamson, Miles Buford, Samuel Johnson, Thomas Colbert, John H. Logwood, Jesse Allen , Sedgwich Kidd, Daniel W. Head, Henry Slink, John F. Patterson, William Irons, John Abernathy, George Bowens, William Hayse, William W. Crawford, Samuel Hunter, Leon B. Mitchell, Robert Glenn, William Steadham, Orange Cannon, Joseph Guess, William Hamilton, Thomas N. Mann, George Anderson, ISAAC YEARY, and Alfred Moore. Also Jesse Martin and Isaac Atkins Constables to wait on said Court. Court then adjourned until tomorrow morning nine o'clock. Signed: Thomas C. Hudson, Henry F. Steel, ISAAC YEARY p. 252 Tuesday, 15 July 1828. Court met according to adjournment in present the worshipful Thomas C. Hudson, Henry F. Steel, Wilkins Oldham, ISAAC YEARY, and Laurance G. Evans Esqs., Justices of the Peace for Fayette County proclaimation being duly made, the Sheriff returned in open Court a writ of venia facias to him directed in the words following viz. State of Tennessee to the Sheriff of Fayette County. Greetings. You are hereby commanded to summons Joseph Choat, Joseph Cotton, Robert Brown, Thomas N. Mann, Charles Milikin, Thomas Sutton, John B. Pratt, Huky Brown, Graves Hester, Benjamin Branch, William G. Nail, Benjamin Cocke, Thomas I. Cocke, James Neal, William Turner, James Milikan, Robert Buford, James Wright, Willie Crook, John Bradford, William S. Sloss, Thomas H. Black, James McKee, Jesse Bounds, Daniel Griggs, Isiah Browning, George Stewart, John W. McLemore personally to be and appear at the courthouse in the town of Somerville on the first Tuesday after the second Monday in July next as jurors of the said Term of the County Court and James Shinault and Robert Thrasher as constables to wait on said Court. Herein fail not have you these and there this next. Witness: Henry M. Johnson, Clerk of said Court at office the second Monday in April 1828. Signed: H.M. Johnson, Clerk On the back of which the following endorsement was made: Venisa to County Court. Issued 21st day of April 1828. Came to hand the same day issued. In obedience to the within Writ, I have commanded all the within named persons householders or freeholders of this County [Fayette] and above the age of 21 years July 12, 1828. [Signed] Joel S. Jones, D. Sheriff p. 256. Tuesday, 15, July 1828. Deed in trust from Thomas N. Pulliam to John N. Pulliam was this day produced in open Court and the execution thereof duly as proven in open Court by the oath of David Fentress the subcribing witness thereto and ordered to be certified. This day William Beavers who entered as security for John Dotson and others in a suit pending in this Court wherein John Dotson and others are plaintiffs and ISAAC YEARY and others are defendants came into open Court and surrendered the said plaintiffs and released himself as security and thereupon William W. Crawford came in to open court and acknowledges himself the plaintiff's security in the above suit in the room of said Beavers which is secured by the Court. p. 259 Wednesday, 16 July 1828. James Dotson et al. vs. ISAAC YEARY et al. This day came the parties by their attorneys and therefore came a jury of good and lawful men to wit: Hukey Brown, Robert Brown, George Smart, Joseph Choat, Benjamin Cocke, William L. Sloss, Benjamin Branch, James, Neal, William Tarver, Charles Michie, J.B. Pratt, Thomas W. Mann, who being elected empanelled and sworn the truth to speak upon the issue joined upon their oath do say they find the issue joined in favor of the defendants and that they keep as not justify in manner and form as complained of the plaintiff's declaration. It is therefore considered by the Court that the defendants depart here and without day and sever of the plaintiffs their costs in this behalf refunded that execution issue. p. 274 Thursday, 17 July 1828. David Turner and JOHN YEARY vs. Jacob Ross and Jonathan Burleson. Motion: This day came the plaintiffs by their attorney and move the Court hear for judgement against the said defendants. Whereupon it appearing to the satisfaction of the Court that the plaintiffs are securities for the defendants in a certain appeal in this Court wherein John Elliott was plaintiff and Jacob Ross and Johathan Burleson defendants and that judgement have been rendered against them for the sum of forty two dollars and seventy one and one half cents. It is therefore considered by the Court that the said plaintiffs recover against the said defendants the said sum of forty two dollars and seventy one and one half cents together with the costs of this motion. p. 304 16 October 1828. The Grand Jury came into open Court under the cause of these officers and prosecuted a true Bill of Indictment against JAMES YEARY, HENRY WEBSTER, Thomas Taylor, William Graham, and ISAAC YEARY for unlawfully gaming at cards for a valuable thing to wit money. Endorsed a true bill by John Neal, foreman of the Grand Jury. p. 306 Monday, 12 January 1829. Court of Pleas and Quarter Sessions began held for Fayette County on Monday the 12th day of January in the Year of 1829 at the courthouse in the town of Somerville in said County there was here present Daniel Johnson, William F. Hodge, ISAAC YEARY, Samuel Erwin, Samuel Johnson, David Jernigan, Miles Buford, Laurence G. Irons, and William Ramsey, Esqrs., Justices of the Peace of said County. James C. Hudson, Clerk, Samuel B. Harper, Sheriff, Valentine O'Bany, Solicitor. p. 309 Monday, 12 January 1829. Walter SHINAULT administrator of MARGARET SHINAULT, deceased returned and inventory and account of sales of which is ordered to be recorded. p. 310 Monday, 12 January 1829. A plat and certificate for 50 acres of land was produced in open court and the assignment thereon from BENIDIC YEARY to Benjamin B. Newborn was duly proven by the oaths of Thomas C. Hudson and James SHINAULT the subscribing witnesses thereto and it is ordered that the same be certified. p. 314 Tuesday, 13 January 1829. Court of Pleas and Quarter Sessions began in Fayette County, Tennessee Court met according to adjournment present the Daniel Johnson, Samuel Johnson, Samuel Erwin, William Ramsey, L.B. Mitchell, ISAAC YEARY, Miles Buford, Daniel Clifft, David Jernigan, John Ragan, Laurence G. Irons, and William F. Hodge, Esqrs., Justices of the Peace of said County. James C. Hudson, Clerk. The Court went into an election for Sheriff of this County and on counting the vote, it appeared that Joel L. Jones was duly elected for the next two ensuing years. The Court then proceeded to elect County Trustee for the next two ensuing years and on counting the vote, it appeared that William F. Hodge was elected. The Court then proceeded to elect a Constable for the Town Company and on counting the vote, it appeared that Andrew B. Nesbett was duly elected who came into Court and took the oath presented by law and returned into bond in the sum $1000 with William Hutchens, Isaac Atkins, and James Hutchens his security. Ordered that John Brown, William Davis, and Bennett Henderson be appointed Commissioners of County Revenue for the County of Fayette for the purpose of settling the County Trustee, the deficient Clerks of this county, and also the Sheriff for all monies which they may be bound for the Year of 1829. p. 328 Wednesday, 14 January 1829. State of Tennessee vs. ISAAC YEARY. Past Gaming. This day comes the Solicitor General on the part of the State and with the assent of the Court says he will no farther prosecute in this behalf against the said defendant and the defendant assumes costs. It is therefore considered by the Court that the defendant depart hence without day and that the State recover against him the costs in this behalf expended. State of Tennessee vs. HENRY WEBSTER. Past Gaming. This day comes the Solicitor General on the part of the State and with the assent of the Court says he will no farther prosecute in this behalf against the said defendant and the defendant assumes costs. It is therefore considered by the Court that the defendant depart hence without day and that the State recover against him the costs in this behalf expended. p. 337 Thursday, 15 January 1829. Ordered that the following Justices of the Peace record and take a list of the taxable property and poles for the present year: Samuel Johnson, Esq. for Captn. Gate's Company John Ragan, Esq. for Captn. Beloat's Company L.B. Mitchell, Esq. for Captn. Mitchell's Company James H. Graves, Esq. for Captn. Carl's Company William Ramsey, Esq. for Captn. Gilmore'sCompany Daniel Clifft, Esq. for Captn. Simpson's Company Miles Buford, Esq. for Captn. Richardson's Company Samuel Erwin, Esq. For Captn. Martin's Company ISAAC YEARY, Esq, for Captn. Garret's Company L.G. Evans, Esq., for Captn. Roark's Company William F. Hodge, Esq., for Captn. Headspeth's Company p. 351-354 Thursday, 15, January 1829. January Term 1829. Whereas Samuel Bickerstaff, Sheriff and Collector of Public taxes for the County of Fayette report to court the following tracts of land as not having been given in for taxes for the Year 1828, that the same are taxable to a double tax, that the double tax thereon remains due and unpaid and the respective owners or claimants thereof have no goods or chattels within this County on which he can destrain for said Double tax [To wit] : [Numerous tax delinquents p. 351-354.]. p. 354 [Tax list] Owner's Name JOHN YEARY No. of Entry 1949 No. Acres 200 District 10, Range 6, Section 3.4 Single Tax $3.49 Clerks fees $1.40 Sheriff's Fees $1.00 Pantry Fees $1.50 Total $7.39 Whereupon it is considered by the Court that judgement be and it is hereby intended against the aforesaid tracts of land in the name of the State for the sum amended to each, it being the amount of double tax costs and charges due severally thereon for the Year 1828 and it is ordered by the Court that said several tracts of land or somewith thereof of each of them as may be sufficient to satisfy said double tax, costs and charges answer to them severally be sold as the law directs. p. 363 Monday, 13 April 1829. Court here adjourns until tomorrow morning, Ten 'o clock. ISAAC YEARY p. 377 Wednesday, 15, April 1829. Court then adjourns until tomorrow morning, Ten 'o clock. Signed: W.F. Hodge, ISAAC YEARY Thursday, 16 April 1829. Court met according to adjournment. Were present, Wilkins Oldham, W.F. Hodge, and ISAAC YEARY, Justices of the Peace for the said County of Fayette. p.379 Thursday, 16 April 1829. State vs. John SHINAULT and David Turner for an Affray. Court Minute Book B, Old Series: April 1829 - April 1831 [Part 2] p. 1 Thursday, 16 April 1829. Miles Buford, Esq., John Ragan, esq., ISAAC YEARY, Esq., Daniel Clifft, L.G. Evans, Esqrs. Daniel Johnson Esqr., William F. Hodge, Esqr., returned into open Court their lists of taxable property and poles taken by them for the year 1829. p. 5 Thursday, 16 April 1829. Ordered by the Court, following persons be summoned as jurors to the next Term of the Circuit Court for this county viz. Elwin B. Mitchell, Thomas I. Cocke, RMLI Elliott, ISAAC YEARY, John A. Allen, Walter SHINAULT, Abe Stewart, Hamilton C. Paine, Joseph Martin, George W. Martin, William Irons, James H Graves, Samuel B. Harper, Geraldus Byntyn, Daniel W. Head, Henry F. Steele, William S. Wallis, Amos Roark, Samuel Hunter, Benjamin Cocke, Washington Lewis, John T. Patterson, William Stone, William Dillard, Malichy Morris, A.B. Nesbit, Hamilton Thornton, as constables to attend said Court. p. 7 Thursday, 16 April 1829. Ordered by the Court that John SHINAULT be returned from the payment of $4.75, it being for the postage of a heifer that died before the time had expired of postage being out. John Martin vs. James SHINAULT and David Turner: This day came the defendants by their attorney and the plaintiff being solemnly called came not. It is therefore considered by the Court that the defendants depart hence without day and recover of the plaintiffs their costs about this suit in this behalf expended. p. 8 23 April 1829. A bill of sale from Samuel Spears and Etherdred White to Walter SHINAULT for two negros. Therein named was produced in open court and the execution thereof duly proven by the oaths this of James SHINAULT and William S. Wallace subscribing witnesses thereto and ordered to be certified for registration. p. 9. Thursday, 16 July 1829. There being no further business before the court, Court adjourned until Court in Course. Signed: W. F. Hodges, ISAAC YEARY, L.G. Evans p. 13 Monday, 20 July 1829. JULY TERM. Power of attorney from JOHN YEARY, BENEDICT YEARY, JAMES A. YEARY, Henry WEBSTER, John SHINAULT, LEROY MONTGOMERY to Walter SHINAULT was produced in open Court and the execution thereof duly proven by the oaths of William Davis and John H. Logwood subscribing witnesses thereto and ordered to be certified for registration. p. 22 Tuesday, 14 July 1829. John SHINAULT vs. Thomas J. Cocke [Debt] p. 23 Tuesday, 14 July 1829. JOHN YEARY vs. William H. Maxwell and Drury Oliver: This day came the parties by their attorneys and thereupon came a jury of good and lawful men to wit: John Worthan, Seton Hudspeth, Ebenezer Frazier, Shadrack Gardiner, Stephen McDaniel, James Wright, William Ford, Elias Caruth, James McKee, George Brooks, John Smart, and Thomas N. Mann who being elected tryed and sworn the truth to speak upon the issues joined upon their oaths do say they in favor of the plaintiff and assess his damages to $103.50. It is therefore considered by the Court that the plaintiff recover of the defendant the above said damages together with the costs in this behalf expended. p. 25 Tuesday, 14 July 1829. John Murry vs. JOHN YEARY This day came the parties by their attorneys and thereupon came a jury of good and lawful men to wit: John Worthan, Seton Hudspeth, Ebenezer Frazier, Shadrack Gardiner, Stephen McDaniel, James Wright, William Ford, Elias Caruth, James McKee, George Brooks, John Smart, and Thomas N. Mann who being elected, tried, and sworn the truth to speak upon the issues joined upon their oaths do say they in favor of the plaintiff the sum of $100 debt and assess his damages by reason of the deduction thereof to $3.25 it is therefore considered by the court that the plaintiff recover of the dependant the aforesaid debt and damages together with the costs in this behalf expended. p. 31 Wednesday, 15 July 1829. A deed of conveyance from ISAAC YEARY to the heirs of Thomas Alsup for 60 acres of land was produced in open court and the execution thereof duly proven by the oaths of Walter SHINAULT and Isaac SHINAULT subscribing witness thereto and ordered to be certified for registration. p. 33 Wednesday, 15 July 1829. State of Tennessee vs. JAMES YEARY. [Recognizance]: This day came into open Court Walter SHINAULT and acknowledged himself to the indebted to the State of Tennessee in the sum of $100 to be levied of his goods and chattels, lands, and tenements but to be void on condition that JAMES YEARY do make his personal appearance before our next Circuit Court of Pleas and Quarter Sessions to be held for this County at the Courthouse in the Town of Somerville on the second Wednesday after the second Monday in October next then and there to answer the charge of the State in a Bill of Indictment for Gaming and not depart without leave first had. p. 53 Thursday, 16 July 1829. John SHINAULT vs. Thomas I. Cocke. [Appeal] p. 71. Monday, 12 Oct 1829. JAMES and MARRY YEARY came into Court and on motion it is ordered that they have letters of administration for all and singular the goods and chattels and credits of ISAAC YEARY, deceased whereupon they entered into a bond with Walter SHINAULT their security in the sum of twelve hundred dollars conditioned as the law directs and took the necessary oaths. p. 76 Tuesday, 13 October 1829. This day came JAMES YEARY, Administrator of the estate of ISAAC YEARY, deceased, and returned his papers as Justice of the Peace which is ordered to be returned and filed in the clerk's office. p. 88 Tuesday, 14 October 1829. The Grand Jury returned into Court under the hand of their offices and present a Bill of Indictment against Parker Phillips for an Assault and Battery endorsed a true bill. Signed - David Jernigan, Foreman of the Jury. The Grand Jury returned into Court under the hand of their offices and present a Bill of Indictment against John Bradford for an Assault and Battery endorsed a true bill. Signed - David Jernigan, Foreman of the Jury. The Grand Jury returned into Court under the hand of their offices and present a Bill of Indictment against Samuel Clifft and Squire Simpson for an affray endorsed a true bill. Signed - David Jernigan, Foreman of the Jury. The Grand Jury returned into Court under the hand of their offices and present a Bill of Indictment against Jesse Simpson and James Ethridge for an affray endorsed a true bill. Signed - David Jernigan, Foreman of the Jury. The Grand Jury returned into Court under the hand of their offices and present a Bill of Indictment against Hamilton C. Pain and John Clifft for an affray endorsed a true bill. Signed - David Jernigan, Foreman of the Jury. The Grand Jury returned into Court under the hand of their offices and present a Bill of Indictment against Samuel Clifft and William E. Ford for an affray endorsed a true bill. Signed - David Jernigan, Foreman of the Jury. The Grand Jury returned into Court under the hand of their offices and present a Bill of Indictment against JOHN YEARY and Pleasant Davidson for an affray endorsed a true bill. Signed - David Jernigan, Foreman of the Jury. The Grand Jury returned into Court under the hand of their offices and present a Bill of Indictment against William Traner and Isaac Needham for an affray endorsed a true bill. Signed - David Jernigan, Foreman of the Jury p. 90 Issued 26 October 1829. State vs. JAMES YEARY: This day came the Solicitor General on the part of the State and by motion and by consent of the Court a Nole proda qui is entered in this case. It is therefore considered by the Court that the County pay the costs of this prosecution. p. 93 Ordered by the Court that Benjamin Cocke, Elisha B. Herald and Marcus Stewart be appointed commissioners to lay up and set apart one years allowance for the widow of ISAAC YEARY, deceased, and make report to the next term of this court. [Issued 26 October 1829] p. 101 26 October 1829. Ordered by the Court that David Smith, JOHN CAMPBELL, and Henry Conway be appointed to hire some one person to take care of the children of Jane Ellen until the next term of the court at a reasonable compensation. [Issued 26 October 1829] p. 109 Walter SHINAULT: appointed Juror next court term. p. 128 Tuesday, 12 January 1830. This day came into open Court JAMES YEARY, Administrator of the Estate of ISAAC YEARY, deceased, and returned into open Court an inventory and list of sale of the property of said deceased which was ordered recorded. p. 144 Thursday, 14 January 1830. Ordered by the Court that LEROY MONTGOMERY be appointed overseer in the place of Jesse Hall of the road leading from Somerville to Jackson and all the hands allotted to Hall to work under his direction said road to be of the second class. p. 150 Thursday, 14 January 1830. State of Tennessee vs. JOHN YEARY This day came as well the Solicitor General on the part of the State as the defendant in proper person and has been charged on the Bill of Indictment pleads guilty and for his trial puts himself on the mercy of the Court it is therefore considered by the Court that the defendant make his fine by the payment of one dollar and that he pay the costs of this prosecution. p. 168 Saturday, 16 Jan 1830. Ordered by the Court, following persons be summoned as jurors to the next Term of this Court, to wit: William Gates, John W. Jones, Robtert P. Harrass, Clement Beloat, James Titus, Solomon Williams, George Robertson, Washington Lewis, Richard Clear, A.G. Hunter, George Bowers, Lewis P. Williamson, Charles Lewis, Walter SHINAULT, Benjamin Ellis, Jacob Large, William F. Burford, Jonathan Moody, Leroy MONTGOMERY, Henry Conway, Strouton Edwards, Ira Griffin, Thomas Williams, Conway Oldham, Benjamin Grissom, Henry Kirk as jurors, also Abner Smith and Alfonzo Black as constables of said Court. p. 198 Tuesday, 13 April 1830. LEROY MONTGOMERY summoned to serve as constable of the Court on the first Tuesday after the second Monday in April. p. 211-212 Wednesday, 14 April 1830. JOHN YEARY, use of Walter SHINAULT vs. William Roosse. This day came the parties by their attornies and thereupon came a jury of good and lawful men to wit: Solomon Williams, Richard Clear, L P. Williamson, Benjamin Ellis, Samuel C. Brooks, Dubart Coartland, Peter Daniel Moses Hertz, Royal Ferguson, John B. Turner, William Rufall, and William Allison who being elected, empanelled, tried and sworn the truth to speak upon the issues joined upon their oaths do say they find find for the plaintiff the sum of $250 debt and appraise his damages by reason of the distribution thereof to $4.37 1/2 it is therefore considered by the Court that the plaintiffs recover of the defendant the aforesaid debt and damage by the jury aforesaid assessed together with his costs in this behalf expended. p. 239. Thursday, 15, April 1830. Walter SHINAULT vs. Conway Oldham [Debt]. p. 242. Friday, 16 April 1830. JOHN YEARY for the use vs. William Rosse. This day came the defendant by his attorney and prays and obtained an appeal to the next Circuit Court which was granted and thereupon entered into Bond conditions as the law directs. p. 293. Wednesday, 14 July 1830. JOHN YEARY use of Walter SHINAULT vs. [Debt] William Rosse. This day came the parties by their attorneys and thereupon came a jury of good and lawful men to wit: William F. Jefferies, John Wilfong, John Gray, Geraldus Byntyn, George Goodwin, William Metcalf, William Scallions, Eli Smith, James Blackburn, Parker Phillips, Samuel Morgan, and George Williston who being elected empaneled and sworn the truth to speak upon their oaths do say they find in favor of the plaintiff and that the defendant has not paid the debt of $300 in the plaintiffs declaration then bonded and they do assess of his damages to $9.60. It is therefore considered by the Court that the plaintiff recover of the defendant his debt aforesaid and his damages aforesaid in form aforesaid assessed to gather with the costs by him about his suit expended. p. 294. Samuel Spears for the use vs. Walter SHINAULT. [Debt]: Issued 22 Jul 1830. p. 323 Saturday, 17 July 1830. Ordered by the Court that Elias Caruth, William Davis, and Micheal Gabbot be appointed to a commission to settle with Walter SHINAULT, Administrator of the estate of MARGARET SHINAULT, deceased, and make report file the next term of this Court. p. 362-363 Thursday, 14 October 1830. Ordered by the Court that the Clerk draw on the County Trustee for the following accounts on executions returned nothing found to wit: The State vs. Seaborn B. Bickerstaff - $9.55 The State vs. Samuel Erwin - $9.39 1/2 The State vs. JOHN YEARY - $9.25 The State vs. Jonathan Bradford - $9.15 The State vs. Jonathan Bradford - $10.12 1/2 The State vs. William Traner - $10.50 The State vs. George Brooks - $10.49 The State vs. William Traner $10.50 And that the County Trustee pay the same out of any moneys in his hands not otherwise appropriated. p. 388. Friday, 15 October 1830. This day came into open Court William Davis, Micheal Gabbert, and Elias Caruth who were appointed commissioners to settle with the administrator of estate of MARGARET SHINAULT, deceased, and made their return which was ordered to be recorded. p. 462-463 Saturday, 15 January 1831. State of Tennessee vs. David Turner [Gaming] State vs. Walter SHINAULT This day came the solicitor General on the part of the State and the defendant Walter SHINAULT being solemnly called to come into Court and bring with him the body of David Turner came not nor brought with him the body of said David Turner into Court. It is therefore one considered by the Court that the State recover of said defendant the sum of $125 unless he appears at the next Term of this Court and show cause if any he hath or can by judgement final execution thereof should not be had against him and that surface as issue accordingly. p. 474 Issued 27 April 1831. Ordered by the Court that LEROY MONTGOMERY be appointed overseer to cut that part of the road that lies between J.B. Herndon's and Joseph CAMPBELL'S on the Jackson Road as marked out by the Jury of View and that he have the hands heretofore allotted to him that work on the old Road and make report to the Quarter Term of this Court. p. 509 Thursday, 14 April 1831. Ordered by the Court that LEROY MONTGOMERY have all the hands that live between the Brown's Hill Road and the Clover Creek Road as far north as Bridgemen's Trace to open new recovered road in his bounds. Court Minute Book C, Old Series: Monday, 11 July 1831 - 13 April 1833 [Part 3]; pp. 1-417. NOTHING about YEARY or SHINAULT that I could find. INDEX: CAMPBELL John - Bk. B: 101 MONTGOMERY Matthew S. - Bk. A: 35, 51, 53, 77, 84, 85, 94 Leroy - Bk. A: nothing; Bk. B: 13, 144, 168, 198, 474, 509 SHINAULT Isaac - Bk. B: 31 James - Bk. A: 44, 226, 252-253, 310; Bk. B: 7, 8 John - Bk. A: 8, 18, 20, 26, 44, 66, 92; Bk. B: 7, 13, 22, 53 Margaret - Bk. A: 187, 202, 309; Bk. B: 323, 388 Stephen - Bk. A: 8, 18, 44, 126 Walter - Bk. A: 44, 66, 78, 92, 94, 187, 202, 226, 241, 309; Bk. B: 5, 8, 13, 31, 33, 109, 168, 211-212, 239, 293, 294, 323, 462-463 WEBSTER William [2nd husband of Hannah Yeary Shinault] - Bk. A: 304, 328; Bk. B: 13 YEARY Benedict - Bk. A: 92, 310; Bk. B: 13 Isaac - Bk. A: 214, 225, 226, 241, 244, 251, 252, 256, 259, 287, 304, 306, 314, 328, 337, 363, 377; Bk. B: 1, 5, 9, 31, 71, 76, 93, 128 James A. [William James Yeary?] - Bk. A: 304; Bk. B: 13, 33, 71, 76, 90, 128; Bk. B: 13, 33, 71, 76, 90, 128 John - Bk. A: 26, 32, 37, 38, 44, 53, 77, 78, 84, 85, 92, 94, 98, 126, 160, 166, 167, 177, 203, 207, 210, 225, 234, 241, 274, 354, 364; Bk. B: 13, 23, 25, 88, 150, 211-212, 242, 293, 362-363 Marry Yeary [widow of Isaac] - Bk. B: 71, 93 Polly - Bk. A: 44 HS Microfilm 1003117 Fayette County, Tennessee Circuit Court Minutes, Civil and Criminal June 1829-June 1832 p. 19 June Term. 1829. June Term 1829: John Marlin Vs David Turner and JAMES SHINAULT This day comes the plaintiff into open Court and files his petition praying that writs of continuance and Lupe------to the clerk of the county court for this county in this cause. Whereupon all matters in said petition being heard and fully understood by the Court it is __________ that Writs of Continuance and Supreme P________ accenting to the prayer of said petitioner on the petitioners giving bond and security as prescribed by law. p. 21 Walter SHINAULT is mentioned in the case of State of Tennessee vs. David Turner and John Marlin. This day came into open Court WALTER SHINAULT and acknowledges himself to be indebted to the State of Tennessee in the sum of $125.00 to be levied of his goods and chattels, lands, and tennants (tenements?) but to be void on condition that he make his personal appearance at the next term of this court on the second Monday of December next then and there to satisfy in behalf of the letter (lease?) against said Turner and Marlin and to not depart without leave of the Court first ________. [Continues to p. 22, which is water damaged.] p. 41 Thursday, 17 December 1829. DECEMBER TERM. John Campbell mentioned p. 47 John SHINAULT, atty of Isaac Edwards vs. Thomas L. Cocke; Debt. p.49-50 JOHN SHINAULT p. 70 Saturday morning, 19 December 1829. DECEMBER TERM. John Marlin vs David Turner and JAMES SHINAULT. Continuance. p. 98 June Term, 1830 John Marlin vs. JAMES SHINAULT and David Turner This day came the plaintiff by his attorney and dismisses his suit and each of the defendants agrees to pay one-third of the costs which is $6.91 each. It is therefore considered by the court that the defendants recover of the plaintiff $6.91 cost aforesaid and that the plaintiff recover of the defendants the sum of $13.82, two-thirds of the costs aforesaid about his suit in this behalf expended. - Initialed by the Court Clerk. p. 108-109 State of Tennessee vs. Leroy MONTGOMERY. Indictment Gaming [husband of Anne Yeary, dau. of David Yeary] p. 187-188 Wednesday, 15 December 1830. DECEMBER TERM. Leroy MONTGOMERY. Gaming indictment [read gaming indictment on p.120 to get a clear reading as the writing on 187-188 is very illegible] p.219-220, 222-223 Thursday, 16 December 1830. Walter SHINAULT vs. Samuel Spear, Eaton J. White, Joseph Taylor. Injunction. Action to dissolve. p.227 13 June 1831. Leroy MONTGOMERY, #10, Gaming p. 265 14 June 1831. Walter SHINAULT vs. Samuel Spear, Eaton J. White, Joseph Taylor. p. 286-287 14 June 1831. Johnson V. Faris (?) vs. Jonathan Bird and Mary - his wife- and JAMES YEARY, Admin. ISAAC YEARY, dec'd. p. 355 June 1832. WALTER SHINAULT vs. Eaton J. White Volume G. Fayette Co., TN Circuit Court, Sept 1842-1844 No Yeary, Shinault, Montgomery, Rainer, Moore, or Campbell is listed in the Index, but the index may be incomplete. I chose not to inspect this portion of the film.