MARSHALL COUNTY, TN - COURT- Minutes April 1837 Session ==================================================================== 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 transcribed by TNMARSHA-L@rootsweb mailing list members and contributed for use in the USGenWeb Archives by: Dana Hill =================================================================== Marshall County Tennessee Court Minutes April 1837 Session (Page 13 cont.) Monday Morning April 3 1837. Court met according to adjournment memners present William McCLUER chairman E. HUNTER Asa HOLLAND Robert JOHNSON William COWDEN Berry MOORE and Thomas HARDISON Gentlemen Justices of the peace proclimation &C. Ordered by the Court that THOMAS & MOORE have the privilige of makeing brick on the public square in the Town of Lewisburg to raise the court house & Jail provided that (14) the said TOMERSON & MOORE leave said square in as good repare as it is at this time. Whereupon the said THOMAS & MOOR appeared in open Court & gave bond in the sum of one thousand Dollars with James OSBURN their security. Ordered by the court that John HATCHETT and James REED be appointed commissioners to settle with James C. RECORD administrator of the estate of Thomas RUTLEDGE Deceased. Ordered by the Court that Ezra COCHRAN be appointed overseer of the road leading from William DAVIS's to McCOLLUMS Gap and that he have the following hands (to wit) Daniel BIVINS William BARTLET Henry FLEMING Elijah CHARLTON and Abraham BIVINS to keep said road in repair. Issued. Ordered by the Court that John B. FOWLER Robert MCCRORY Josiah DUNCAN James D. RECORD W. H. PHILIPS & Ezekiel McKNIGHT be appointed commissioners to divide the hands between the following overseers James OSBURN, Daniel BIVINS Levi COCHRAN Joseph CLOUD Clark HOPWOOD Jonas OHIFER Hiram WILSON and report to the next term of this Court. Issued. William COWDEN appeared in Open Court aned having given bond in the sum of Five hundred dollars with securities approved of by the Court., he was thereupon appointed Guardian to Elisabeth SANGLEY a minor orphan of Samuel SANGLEY Deceased. Ordered by the Court that William COLEMAN be appointed overseer of the McCOLLOM gap road with Joseph H. HACKNY now an overseer on said road from Clark HOPWOODS to Benjamin ARTHUR and that James ELLIOTT and Robert NIX be appointed commissioners to divide the Road and hands between them and to have all the hands under said HACKNEY together with Doctor HAYWOODS hands. Ordered by the Court that the following report of a jury of view appointed at the last term of this Court be adopted. Viz- The undersigned freeholders having been summoned by the Sheriff of Marshall county and duly sworn as a jury of view (15) to lay out the road--described in the annexed order, have proceeded to performed the duty assigned thm and do agree upon and make the following report - to Wit- The said road shall begin at Major DAVIS's one the Cornersville road passing by Ezra COCHRANS and Daniel BIVINS to McCOLLOMS gap. They have thus laid out said road to the greatest advantage of the ainhabitants and as little as my be to the prejudice of inclosures to the best of their Knowledge and skill. All which they respectfully submit to the consideration of the worshipfulCourt, this first day of April 1837. Josiah DUNCAN Samuel BECKETT D. G. BILLS Wm. EMMERSON Wm. MCGREGOR Peter PHIFER It is further ordered that the above road be established as marked out. It having been fully represented to the satisfaction of this Court that Martha HAY a resident of this County have died leaving no last will and testament, and Harley B. BROWNVILLE haveing applied for letters of administration on her estate and the Court being satisfied of his right to obtain them he having given bond with security approved by the Court in the sum of Two hundred Dollars and taken the oath of administration as prescribed by law, the same is granted. The last will and testament of Samuel GRAY Deceased was provin in open Court by the oath of Asa HOLLAND and Joseph MOSSIS and ordered to be entered on record. Auston GRAY and Joel COMMONS appeared in open Court and gave bond in the sum of five hundred Dollars with security accepted of and approved of by the Court and took the oath required by law as Executors to the last will and testament of Samuel GRAY Deceased. (16) John WILKS Exhibited his account as Guardian for Malinda S. BILLS & Blackstone H. BILLS minor heirs of Jonathan BILLS De'cd which was received by the Court & ordered to be recorded. John B. FOWLER Exhibited his account as Guardian for William C. FLEMING minor heir of Richard FLEMING Deceased which was received by the Court and ordered to be recorded. James OSBURN Exhibited his account as Guardian for Richard W. FLEMING minor heir of Richard FLEMING Deceased which was received by the Court and ordered to be recorded. State of Tennessee, Marshall County. We the undersigned------------ have been summoned by the Sheriff of Marshall County as a Jury of review to determine which rout shall be the public road as described in the annexed order have proceeded to perform duty assigned us and do agree upon and make the following report (to wit) said road shall commence at the oak tree described in said order south of Moor HOUSTONS house at or near the South west corner of his the said HOUSTONS apple orchard thence so as to intersect the Cornersville road at or near the rockbridge across the slew near said HOUSTONS house all of which is respectfully submitted. Given under our hands and seals this 1st day of April 1837. James BAXTER William M. ORR E.W. ORR Jesse MORTON Robert McCORD It appearing to the satisfaction of the Court that the above Jury was sworn according to law and it is further ordered by the Court that the above road be established according to the above report. (17) Ordered by the Court that Edward WHITWORTH and Benjamin F. WHITWORTH & Susannah HIGGS be released from paying of double tax for the year 1837. Ordered by the Court that James PATTERSON be appointed overseer of the reeds gap road commenceing on the ridge between richland and Cane Creek and terminateing at or near Price W. BROOKS. Issued. Ordered by the Court that the following report of a Jury of review appointed at the last term of this Court be adoped We the undersigned Jury report as follows (to wit) leaving main road at or near the line between F. W. BROOKS and Joseph MORRRIS passing through the lane that sd MORRIS has made and intersecting said road at or near the top of the hill between said MORRIS and Robert BROOKS and the said MORRIS made sd. road good and passable. Asa HOLLAND S. C. CHETWOOD James LUNA P. W. BROOKS Robert BROOKS And it is further ordered by the Court that the above road be established according to the above report. Ordered by the Court that Asa HOLLAND James LUNA sign Abner JONES and John BAGLEY and James B. TALLEY be appointed commissioners to assign hands to the following overseers S. C. CHETWOOD Joseph MORRIS and James PETTERSON and made report to the next term of this Court. Issued. Ordered by the Court that Fulden LIGGETT be appointed overseer of the road commenceing at RADFORDS old place and terminateing at James EWINGS Esqrs and that he have the following hands (to wit) John CUNNINGHAM James THOMPSON Mary EWINGS hands David McCLARY Hendersin D. YARBOROUGH James LIGGETT and John OSBURNS hands & Cyrus BARTLETT & Willie S. CALAHAN. Issued. (18) Ordered by the Court house that John M. HOUSTON be appointed overseer of the Lewisburg & McCOLUM gap road commenceing at the north corner of his fence and terminateing at the south side of Clark HOPWOOD's fence. Issued. Ordered by the Court that Frances C. FINDLEY have the hand in the following bounds (to wit) begining at Robert JOHNSONS takeing the hands on his plantation runing southward on the ridge foare enough to take Michael FRANKLINS in thence westward & northward on the ridge dividing the waters of Swan Creek Richland Creek and Cane Creek, thence by William FINDLY & down the branch to the begining Including all the hands in that bound to keep up the road that the said FINDLEY is overseer. Issued. Ordered by the Court that John SANDERS have the hands in the following bounds (to wit) Begining at Samuel SANDERS including all the hands on his plantation thence on the ridge southward & eastward as far as James BARNES thence down the branch to DREVERS takeing all the hands on that plantation thence by James SANDERS to the begining Incliding all the hands in that bounds to work on and keep up the road that the said John SANDERS is overseer. Issued. Ordered by the Court that James G. LUNA have the hands in the following bounds (to wit) Begining at Samuel DUCKSWORTH takeing all the hands on that hollow thence to William CARUTHERS takeing his hands & all the hands in the hollow north of him to the ridge eastward on the ridge to Henry TALLEYS thence to this own house thence to Jackson LUNAS & Harris MAULDIN thence up the Creek & branch to the begining takeing all the hands in that bounds to work on and keep up the road that the said james G. LUNA is overseer. Issued. (19) Ordered by the Court that James WILSON have the hands in the following bounds to wit: Begining at Arson GRAYS then to B. B. MERRITS by William NORWOODS then to his own house thence to James TALLEYS house to the begining including all the hands on their plantation to work on and keep up the road that the said James WILSON is overseer. Issued. Ordered by the Court that S. C. CHETWOOD have all the hands who has formerly worked on the part of the r a d on which said Chetwood is overseer. Issued. Ordered by the Court that John H. BILLS overseer of the fishing ford road have the following hands to wit: William B. HILL Nicholas H. GANT Frederick HOUSTON Allen TALLEY Wm. McGREGOR, A. E. McCLUER A. P. BRENTS A. F. MEADOWS Jas. ROGAN Martin CRANE Elijah BIRMINGHAM & Berry HOPWOOD. Issued. Ordered by the Court that Elias STILWELL overseer of the road leading from Lewisburg to LEEPERS old mill have the following hands (to wit) Abner HOUSTONS four hands Edward BRAY James A. DEVEN John C. GREEN John GREEN David GREEN and L. B. ANDERSON. Issued. Ordered by the Court that that Elias STELWELL overseer of the road leading from Lewisburg to Leepers old mill have the following hands to wit: Abner HOUSTONS four hands Edward BRAY James A. DEVEN John C. GREEN John GREEN David GREEN and L. B. ANDERSON. Issued. Ordered by the Court th at Hugh HOUSTON overseer of the Halls ford road have the following hands to wit; John KING and one hand James KING John APPLEBY Wilson P. DAVIS John CRAWFORD James WALKER John W. HOUSTON Joseph GREEN N. SHEHAM. Issued. Ordered by the Court that William RHEA overseer of the Mooresville road have the following hands to wit: Henry WADE James H. CREELEY John Harvey BENNETT James SMITH William MARSH James WEBSTER Joel BLACKWELL William MOORE J. W. HARRISON and James BARTLET. Issued. Ordered by the Court that the following hands work on the road commencing at the Sourth end of Union Street and crossing at the intended bridge leading to Cornersville (20) Brice BLACKWELL adnTwo hands Elijah STILWELL Milton STILWELL William H. STILWELL B. JOHNSON & Brother William HOLBROOK David HOLEBROOK & Richard GRANT & it is ordred by the Court that B. BLACKWEEL be overseer from the S. end of Union Street to E. MILL & that he have E. STILWELL & all the hands on her and Thos. CHEEKS plantation in addition to the above hands. Issued. Ordered by the Court that the following hands work on the Cornersville road Crossing below the Mill.. Brancen D. CAPLE John HELMET T. GILL Robert BUMPEES Joseph SMITH William SMITH Richard DORITY John H. STEPHENS to work and John M, HOUSTON overseer from the south end of Main Street. Issued. Ordered byt Court that the following hands work on the Rankin Shop road Levi PHIFER L. C. SHANKLIN A. L. BRASHER Barnell B. BILLS Thomas Gennings MOOR & one hand John BECKETT and Robert BINGAMAN. Issued. Ordered by the court that the following report of a Jury of review appointed at the last term of this Court be adoped We the undersigned commissioners appointed by the Court of March term of 1837 do make the following report agreeable to said order we have effected the matter in manner and form Following to wit, we have commenced at the Fishing ford road Gideonsville to the corner of George R. SCOTTS fields thence so as to intersect the within road which rout we think willnot be an injury to the public but a great convenience to the proprietor. Joseph H. BRITTIAN William LITTLE James C. FULTON Henry B. TERRY J. B. SHUFFIELD J. P. BRUCE And it is further ordered by the Court that the above road be established according to the above reports. William ROSSON appeared in open Court and having giben bond in the sum of Five thousand Dollars with securty approved by the court he was thereupon appointed Guardian for Patsy, Polly, Enoch, Malinda, Morgan, Rebecca & Elijah ROSSON minor orphans of Henry B. ROSSON Deceased. (21) Ordered by the Court that the Following persons be appointed as Jurors to serv at the next July term of this Circuit Court for the County of Marshall. William D. McCLARY Samuel B. APPLEBY David YANCEY Esqr. Hugh B. SMILEY Thomas HARDISON Brevard HUGGINS Berry MOOR James ORR Ezekiel McKNIGHT Elias RAMBEAN James BOREN John HARKNESS Jr. Bedford ENSLEY John DYSART Jun. Orson GRAY William D. MOORE George H. ALLEN Aaron BOYD Thos. B. FAVER Jason B. SHUFFIELD Cary T. KELLY Joseph NICHOLS Joshua BUTLER Jas, DAVIS & James McCONEL Leonard BULLOCK & Thomas LONG as constables Court adjourned untill ten oclock tomorrow morning. Wm. McCLURE Chairman Peter WILLIAMS Thos. ROSS James REED. Tuesday Morning, April 4th 1837. The Sherriff & clerk met acording to adjournment there being no Court to transact public business thereupon the clerk & Sherriff open & adjourned Court untill tomorrow morning ten oclock. Wednesday morning April 5th 1837. Court met according to adjournment, members present William McCLUER Chairman Peter WILLIAMS Thomas ROSS and James REED proclimation &C. Ordered by the Court that David McGAHEY Thos. ROSS & John HATCHETT be appointed a commettee to adopt rules for the regulation of the County Court of Marshall County, and make report to the next term of this Court. (22) Court adjourned untill Court in Course. Wm. McCLURE Chairman Peter WILLIAMS Thos. ROSS James REED