MARSHALL COUNTY, TN - COURT- Minutes AUGUST 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--AUGUST 1837 SESSION Page (47) State of Tennessee. At a County Court begun and held for the County of Marshall at the house of Abner HOUSTON the place appointed by law for holding Courts in said County, on the first Monday in August, the same being the seventh day of the month in the year of our Lord one thousand eight hundred and theiry seven ann in the sixt second year of of American Indepencence, Present William McCLURE Chairman, James ADAMS, Thomas WILSON, Thomas ROSS, James L. EWING, Asa HOLLAND, Andrew LAIRD, Sherwood DUNNEGAN, Thomas HARDISON, William COWDEN, James PATTERSON, George CUMMINGS, John FIELD, Joseph CLICK, J. B. SHUFFIELD, Robert JOHNSTON, Thomas CUMINGS, Gentlemen Justices of the peace - Proclamation being made the Court was opened. Elizabeth CANNON exhibited in open Court a Transcript from the County of Bedford in the following words & figures a viz: The State of Tennessee ) S S Be it remembered that at a Court of pleas of Quarter Sessions, held for the county of Bedford in the State aforesaid, at the Court house in the Town of Shelbyville on the first Monday in November in the year of our Lord one thousand eight hundred and thirty five being the second day of said Month, and of the American Independence the 60th year- Before William MURPHREE, William GALBREATH and John GOWAN Gentlemen Justices of the peace in and for the county of Bedford. The following proceedings were had- to wit- " Ordered by the Court that Elizabeth CANNON be appointed guardian of Katherine, Susan, David K. Robert, Michael and Henry CANNON, minor heors of Thompson CANNON Decd who gave bond with Clement CANNON and George M. CANNON her securities in the sum of Twenty thousand dollars. And afterwards at the November term 1836 of the County Court of Bedford aforesaid before John EAKIN, Henry DEAN and Matthew PHILLIPS Esquires, Gentlemen Justices of the Peace for the County aforesaid. Upon petition it was ordered by the Court that Elizabeth CANNON widow of Thmpson CANNON deceased, and who was at a former term of this Court appointed guardian for the minor heirs of said deceased and upon her petition to this Court praying that her said guardianship be transferred to the County of Marshall. It appearing to the Court that said guardian and minors are residents of said County of Marshall and the estate of the said deceased being all in the limits of said County. And it is furhter ordered that the Clerk of this Court issue to said Elizabeth a copy of this order. (48) The State of Tennessee. I, William D. ORR Clerk of the County Court of Bedford County in the State of aforesaid Do hereby certify that the foregoing is a true transcript of the appointment of Elizabeth CANNON as Guardian of the minor heirs of Thompson dec and the order of transfer of her guardianship from the County of Bedford to the County of Marshall as ap ears from the Records of my office. In tetsimony whereof I have hereunto set my hand and affixed the seal of the Court at office in Shelbyville this Thirtieth day of June Eighteen hundred and thirty seven and of the American Independance the sixty first year. William D. ORR Clk. (L.S.) State of Tennessee, Bedford County. I William GALBREATH Chairman of the County Court of Bedford County in the State aforesaid Do hereby certify that William D. ORR whose signature appears to the foregoing cetificate is now and was at the time of signing the same clerk of the County Court aforesaid & that the said certificate is due form of Law. Given under my hand at Shelbyville this 30th day of June 1837. W. GALBREATH Chairman Bedford County Court James W. WINSETT aged fifteen years was by the Court bound are appointed to Thomas CUMMINGS blacksmith for the term of Five years- who gave bond &C. Ordered by the Court that Josiah LOWRANCE be appointed overseer of the road from Thomas CHEARHUMS to the fork of the road below Jacob LOWRANCES in room of John A. McCONNELL. I have Robert MONTGOMERY, Peter ALDRIDGE, Isiah GARRISON, Wm. FREEKIND & hands, Burrell LAW, Abijah D. MITCHELL, James McCONNELL, Abijah D. MITCHELL, James McCONNELL, David WRINEY, Phillip WARREN, Jeremiah McCONNELL & John A. McCONNELL to keep thesame in repair. Issued. It having been represented to the satisfaction of this Court that James COFFEY Senr late of this County has departed this life leaving no last will & testament- And Henry BISHOP having applied for letters of administration on the estate of said Decd & the Court being satisfied of his right to obtain then & he having given bond in the sum of Five hundred dollars with G. D. STOCKTON & George CUMMINGS securities the same was granted. (49) Ordered by the Court that John FIELD be appointed guardian of John HILL, Dr. Franklin HILL, Lindsey C. HILL, Susan & Sarah ARNOLD who are minor & heirs at law of John HILL Decd. who gave bond with Thomas HARDISON and Jackson LIGGETT as his securities in the sum of Twenty seven hundred dollars. Jesse HORTON Guardian of William S. STAMPS, Asa STAMPS John W. STAMPS & Lucy M. STAMPS Deceased exhibited to Court his return, and on motion ordered to be recorded. The following report of Thomas ROSS & John HATCHETT was received & on motion ordered to be recorded - Viz; July 24th 1837 we have waited on Captain HOUSTON agreeable to the within order who stated that when Court was done with the house he would then leave it with them to say what he ought to have. John HATCHETT Thomas ROSS James WILLIAMS filed a memorial in court this day praying for an order of Court to issue empowering him to have his mill dam across Duck river three feet higher than it now is, which memorial was on motion ordered to be filed with the Clerk of this Court, who is required to advertise the same on the Court house door, as the law directs & that the same be set for hearing at the next term of this Court. Ordered by the Court that the Sherriff summon Twelve good & lawful -- of this County to examine the condition of William RICHIE who is represented to this Court as laboring under Lunacy & report their proceedings hereon forthwith as the law directs- Which order being issued to the Sherriff was returned with the following endorsement thereon -"The undersigned freehold of Marshall County having been duly summoned & sworn as a Jury to enquire into the mental condition of William RICHIE. After diligently investigating the matter do find that the said William RICHIE is a Lunatic and utterly incapable of managing his own afdairs with safety to himself and others. We also find that the said Wm. RICHIE has no property. James C. RECORDS John VINCENT James PATTERSON James OSBURN G. H. ALLEN Jesse MORTON J. H. WILLIAMS Thomas H.HARDIN Dempsy POWELL Wm. LONDON Jackson LIGGETT Jas. BRECHEM Which report being seen & received by the Court, it was thereupon ordered y the Court that the Sherriff proceed forthwith to let the said Wm. RICHIE to the lowest bidder whereupon Peter WILLIAMS bid him off at onehundred & ninety eight dollars per annum who entered into bond with Isaac B. WILLIAMS & Dempsy POWELL his securities (50) in the sum of Five hindred dollars conditioned as the law directs. Ordered by the Court that Levi GARRETT be appointed guardian of Leroy S. FARMER, Thomas S. FARMER & Elizabeth Ann FARMER minors & heirs at lae of Clement F. FARMER Decd who gave bond with Thomas ROSS and William COWDEN his securities in the sum of twenty five hundred dollars. On motion and it appearing to the satisfaction of this Court that the appointment of Carey T. KELLY and James HOUSTON as administrators to take charge of & prescribe the goods & Chattels of Christopher HOUSTON Deceased late of this County during the pendency of a suit in the Circuit Court of Marshall County between John RAMSEY and James L. HANYNES (HAYNES) Executors of the last will and Testament of said Christopher HOUSTON Decd and James HOUSTON and other heirs at law of said deceased. Contesting the validity of the will of the said deceased was omitted by the Clerk to be entered on the minutes of the last term of this Court. It is therefore ordered that the appointment of said administrators be entered on them minutes of this Court as proceedings of last Court. Carey T. KELLY & James HOUSTON having given bond with securities in the sum of Thirty thousand dollars and took the oath prescribed by law for the Faithful performance of their duties as administrators as aforesaid during the pendency of said suit Carey T. KELLY and James HOUSTON administrators to take charge of & prescribe the perishable property of Christopher HOUSTON Decd exhibited in Court an Inventory of the goods and Chattels Rights & Credits of said Decd which being sworn to in open Court was ordered to be recorded. Ordered by the Court that Thomas ROSS, John B. FOWLER and James McCONNELL be appointed Commissioners to lay off provisions for Mrs. HOUSTON widow of Christopher HOUSTON deceased as the law directs. Issued. Ordered by the Court that Nathan GLENN be appointed overseer of the road from LANHORNS Field to Lanes line and that of James HART and Joel HART be appointed Commissioners to assign him hands to keep said road in repare. Issued. Ordered by the Court that John M.HOUSTON call upon the following hands to work on the McCOLUMS road in addition to the hands he now has in his service Pinkney WRIGHT John C. RIGHT Richard B. MOORES hands & Edwin McHOBBY. Issued. (51) Ordered by the Court that Thomas A. ALLEN be appointed overseer of the fishing ford road in room of Fitzellon PATTERSON and that he have the same hands he had to keep said road in repare. Issued. Ordered by the Court that Aaron BOYD & John CATHEY be appointed commissioners to assing hands to work under John LAIRD on the Murpheesborough road from STRATTONS Mills to Mrs. BRITTIANS and to Charles NIEL & James B. SCOTT overseers of the road from MORTONS Mills to Hurts X roads and that new orders issue to last named overseers, NEAL from the creek at RAINEYS to the -- of Maury line SCOTT is to work from said line to the Marshall Line. William D. EWING and James WOODS Executors of the last will and Testament of Allen N. WOODS decd Exhibited in open - An Inventory & amount of sales of the estate of said deceased which was ordered to be recorded. Ordered by the Court that James OSBURN Thomas ROSS and David MaGAHEY be appointed Commissioners to procure a site to erect a poor house in the county of Marshall and report thereon to the October term of this Court. Ordred by the Court that Robert ORR be appointed overseer of the road commencing at the creek near James BILLS and terminateing at RANKINS old shop. Issued. Ordered that W. BRIGGS be appointed overseer of the road commenceing at Giles County line near Lee SMITHS and terminateing at the Fayetville road near John L. PARKES as laid out and have the hands south of richland Creek and west of said road to keep the same in repare. Issued. Ordered by the Court that the following named persons be appointed the Venera Facias of Jurors for the Circuit Court of the County of Marshall to be held for said County of Marshall at the house of Abner HOUSTON on the Fourth Monday next said Jurors all being good and (52) lawful men above the age of Twenty one years Citizens of the body of said County (to wit) 1 st Dist. Mark H. WILSON John RICHIE 2 Dist Turner PINKSTON William H. PICKENS 3 Dist Williamson SMITH, William D. EWING 20 Dist Thomas GILLASPY 12 Dist Matterson HUGHS, John R. B. LONG 13 Dist James PATTERSON, Joseph H. BRITTIAN 14 Dist James L. EWING, John R. JONES 15 Dist Joseph CLOUD, Daniel BEVINS 16 Dist James ADAMS, Esqr., Amos L. BILLS 17 Dist John ELLERSON, John M. LANE 19 Dist Joseph McADAMS. John M. ENDSLEY 15 Dist William FINDLEY Sr., Joseph MORRIS 16 Dist James ELLIOTT, John EVANS And it is further ordered by the Court that William O. RUTLEDGE and Samuel DAVIS Constables for said County be appointed to attend said Court and Jury and it is ordered that the Sherriff and said County summon said Jurors and Constables to attend said Court, accordingly. Issued. The commissioners appointed at the last temr of this Court to select and fix on on a suitable point on Duck river whereon to build a bridge across said River reported as follows to wit: "We the undersigned commissioners appointed by the County Court of Marshall County at the last term of said Court, have this day met, and after being duly sworn have examined different parts of Duck River for the purpose of ascertaining the most suitable place for building a bridge across said river- and after making due exaination Report that we have selected a point about two or three hundred yards below the mouth of Rock Creek at or near a sugar tree on the North Bank of the river marked A. H. all of which we humbly submit &C. August 1st, 1837. Signed - Signed -C. W. McBRIDE Thos. H. HARDIN " James REED James OSBURN " James L. EWING Andrew LAIRD " Asa HOLAND Aaron BOYD " Berry MOORE Thomas HARDISON " James B. LOWRY which report being seen & by the Court fully understood was in all things confirmed and made the order of this Court- and thereupon Jason B. SHUFFIELD prayed an appeal from the decision of the Court thereon to the next term of the Circuit Court held for the county of Marshall (53) at the house of Abner HOUSTON, on the fourth Monday in November next- Who entered into bond with George R. MAY, James WILLIAMS & James PATTERSON as his securities in the sum of Five hundred dollars conditioned for the faithful prosecution thereof. It is therefore ordered by the Court that the Clerk of this Court send & certify as transcript of the proceedings has hereon in this Court, to the next term of the Circuit Court of this County. Ordered by the Court that William CARUTHERS, Francis FINDLEY, William FINDLEY, Joel DODD & Enoch RUST be appointed Jurors of review to lay of and mark out a road of the third Class, commenceing at or near Samuel MURDOCKS by Francis FINDLEY- to intersct the Fayetville and Lewisburg road near Alexander BIGGER or any point they maythink best - they in their judgement may think the neighborhood will be benefited by said road & report to the next term of this Court. The County of Marshall) vs ) Bastardy Josiah BRECHEM ) This cause coming on to be heard before the Court, and ater some time spent in the investagation thereof, the defendant withdrew his plea of not guilty- and saith he is willing to be bound to indemnify the County of Marshall from the maintenance of a certain female bastard child charged to him as the reputed father thereof by one Mary Ann MONTGOMERY single woman of said County- It is therefore considered by the Court that the defendant pay the said Mary Ann MONTGOMERY the se veral sumd of Forty, Thirty & Twenty dollars, for the first second and third years age of said child as the law required the which payment of said moneys as having already been made Defendant produced in open Court the receipt of the said Mary Ann MONTGOMERY- And that he the defendant pay the costs of this prosecution for which execution may issue. And that he be bound for the maintenance of said child as far as to idemniify the county of Marshall from any costs and Charges thereof where upon the said Josiah BRECHEM entered into bond in the sum of five hundred dollars with William Wilson ADAMS his security. Court adjourned until tomorrow morning nine o'clock. Wm. McCLURE Chairman Thos. ROSS J. P. James REED J. P. Rcd. my fees February 12th 1837 Wm. STEWART. (54) Tuesday morning August 8th 1837. Court met according to ajournment present Wm. McCLURE Thomas ROSS & James REED Gentlemen Justices of the peace Proclamation being made &C. After the minutes of yesterdays proceedings was read & signed this morning, and there being no further business for the Court. The Court thereupon adjourned until Court in Course. Wm. McCLURE chariman James REED J. P. Thos. ROSS J. P.