MARSHALL COUNTY, TN - COURT- MINUTES BOOK Vol A. 1837-1840 ==================================================================== 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 (-Note: The following is transcribed from Minute Book Vol. A., which covers dates from March 1837 to 1840, and begins with page 1 from the original book.) Page (1) Monday Morning March 6th 1837. Court conveyned according to ajornment - Members present William McCLEUR Chairman A. MILLER E. HUNTER William WILKS James PATTERSON & Joseph CLEEK Gentlemen Justice of the peace - proclimation &c. Ordered by the court that David McGAHEY Thos. ROSS Thos. WILSON be appointed commissioners to ascertain the proper amount of taxes for the year 1837. Thomas HARDISON elected Justice of the peace appeared in open court and took the necessary oaths prescribed By law. John H. BILLS appointed overseer of the road from Lewisburg to RADFORDS old place and Thos. ROSS Esqr. and John M. HOUSTON be appointed commissioners to assess hands to work under said BILLS. Issued. Ordered by the court that the county trustee pay to Hugh McCLELAN four dollars out of the monies that may come into his hands for services rendered by him in surveying the county line of Marshall on the north side of Duck river. Issued. The last will & testament of Matthew WALLACE Deceased was proven in open court by the oath of Leonard BULLOCK & John RYLED & ordered to be entered on Record. Ordered by the court that the county trustee pay to Andrew LARD Esqr. Thr e dollars for surveying a part of the county line on the north side of Duck river Issued. (2) March Term 1837 Ordered by the court that George W. McBRIDE John COWDEN and Silas McCLELLAND be appointed commissioners to lay off one years provision for the widow of Benjaman SHORT Deceased Issued. Ordered by the court that the county tax be five cents on each hundred Dollard of taxabel property and all priveledges one fourth of the State tax and each white pole Twelve and one half cents. Ordered by the court that Jerman *****RD be appointed overseer of the road from big lick to Stephen PORTERS and that John WOODWARD & John BLACKWELL be appointed commissioners to assign hands to the above overseer. Issued. Ordered by the court that the following report of a Jury of view appointed at the last Term of this court be adopted. In pursuance of an order from the worshipful, the County Court of Marshall County to as directed as a Jury of Review to Review the Road from Lewisburg to the County Line by McCOLLUM's Gap and turn said road or assess damages, Report as follows viz. Beginning at the Giles County line at a buckeye in the land Between SMITH and CLIFT, thence running the new cut road to the Ridge South of William HAYE's thence turning with the ridge east of said road as marked by this Jury to the first point leading north thence down said point to the Columbia Road, opposite John S. PARKS thence with said road to William COWDEN's thence East to the end of George POOL's Lane, thence north, the Lane between POOLS & DAVIS' thence with said road to McCOLLUM's Gap thence commenceing on the north side of the Ridge are three Lines at the head of the hollow running down said hollow to the old marks, Thence with the marks to a beech marked J. N. (3) Thence down the East side of the hollow to the Southwest corner of W. HOPWOODS fence. Thence with the fence to the North west, Thence with the old chops to the South west corner of Clark HOPWOODS fence Thence with said fence to the North west corner, Thence through ROSS' Lane following the former chops to MCNIGHT's fence Thence with said fence following the chops to McNIGHTS & COCHRAN's line thence with said line to COCHRAN's corner, thence on the line, between BRYANT & COCHRAN to the old chop near a grove, Thence following said Chops to a large oak near Moore HOUSTON's fence, thence a direct course through said HOUSTON's field to the mouth of the Lane below siad HOUSTON' s house, thence with said Lane to the ford below the mill, Thence east of the mill to the end of main street Lewisburg 20th Feb. 1937. Assigned Joseph NICHOL, Levi GARRETT, Joseph S. BROWN, Moses PARK, John B. COWDEN, Stephen CLAYTON. And it is further ordered by the court that the road be established according to said Report From which decision the parties contending the establishment of said road prayed and obtained an appeal to the next Term of the Circuit Court of the County of Marshall. The report of Leonard BULLOCK John LAIRD And James STEPHENS commissioners to set apart one years provisions for Sophia WALLACE widow of William WALLACE decd. was received and ordered to be entered of Record, the following articled Twenty Barrels of Corn 800 lbs. of bacon 2 Stands of Lard the use of one milch cow 12 months from the death of her husband. (4) March Term 1837. Thomas CUMMINS Esq. This produced his commission from the Governor as Justice of the Peace and took in open court the oaths prescribed by Law as a Justice of the Peace [marked through: and seek in open court the oaths] Marshall County. David YANCY Esq. this produced his commission from the oaths prescribed by Law, as a Justice of the peace for Marshall County in the county of Marshall. Ordered by the court that the order appointeing commissioners at a former term this court to settle with General Robert CANNON administrator of Thompson CANNON deceased be revived, and make report to the next May term of this court. The Jury appointed to lay off & straten a roade from Hurts X roads to RAINEYS Store have made their report and it is ordered by the court that said road be established as marked out by said Jury - A that Charles NULL be appointed overseer of said road from Caney Spring creek to the old Bedford County line. And that James R. SCOTT be appointed overseer of that part of the road from said Bedford County line to the Marshall County line. The Jury appointed to lay off and mark a road begining at the south end of Main Street the town of Lewisburg & terminateing at or near Moor HOUSTONS hous have reported as follows (to wit) begining at the south end of main Street thence with the REEDS gap road to Levi PHIFERS thence to the present ford of the creek thence with the lane & the lans to open the right distance prescribed by law thence across the slew oposet More HOUSTONS House and it is ordered by the court (5) that said road be established as marked out by the Jury of View. Samuel DAVIS having been duly and constitutionally elected a constable in and for the county of Marshall this day appeared in open court and took the oath prescribed by law and gave bond with security for due performance of the duties there of which bond is the words and figures following (to wit) State of Tennessee - Marshall County Know all men by these presents that we Samuel DAVIS, Ezekiel McKNIGHT and H. B. BIGHAM all of said County, are held and firmly bound unto Newton CANNON, governor of the State of Tennessee or his successors in office in the sum of One thousand dollars, for the payment of which sum well and truly to be made, we bind ourselves and of us our heirs executors and administrators jointly and severally firmly by these presents Sealed with our seals and dated this 6th day of March 1837. The condition of the above obligation is such that whereas the above bound Samuel DAVIS hath been elected a Constable in the 15th District in the County of Marshall and hath this day been duly qualified as such Now therefore if the said Samuel DAVIS Shall will and truly execute and true action make upon all and every process which may come into his hands as constable as aforesaid, and faithfully pay over and account for all monies by him collected as such to whomsoever may be legally authorised to receive the same, and to do and perform all such duties as are required by law as him as constable then this obligation to be void, otherwise to remain in full force and virtue. Samuel DAVIS (Seal) E. McKNIGHT (Seal) M. B. BIGHAM (seal) Test: M. W. OAKLEY Clk. Which bond and security approved by the court and ordered to be entered of record. The court orderes that Joseph CLOUD be appointed overseer to cut out a road from Lewisburg to McCOLLOMS gap Elk ridge as established at this term of the court, and that he have all the hands belonging to Captain HARDINS Company from the sectional line to the old line Northa side of said ridge - Ordered by the court that James S. WOODS be appointed overseer of the road commencing at the ridge west of RANKINS old shop and terminating at the big lick - and that he have the following hands - (6) (to wit) Francis H. WOOD's, Francis B. WOODS, Robert NORMAN, James B. LOWRY, Milton ENDSLEY's, Newton ENDSLEY. H. B. SMILEYS and all the hands on his land, Thomas CUMMINGS force, and Samuel WOODS - to keep the same in repair Issued. Ordered by the court that Jesse LOVE be appointed overseer from DAVISES Mills to the Joiles County line and that he have the hands belonging to Capt. DAVIS Company on the south side of rich land creek Issued. The Jury of view appointed to lay off and mark out a road to leave the old road at or near Thos. NEELEYS and intersect the same again at or near the widow MEEKS plantation have made their report as follows (to wit) leaving the old road near the dogwood corner between T.HARRIS & L. TAYLER runing north on the line between Lewis TAYLOR & Gideon PARNEL to the school house thence on the line between WARNER & HUNTER to James F. MEEKS land thence north so as to run on the line between said James F. MEEKS and the widow MEEKS to Eli HOPKINS thence up the line between the widow MEEKS & John CHANDLER to the old road - whereupon it is ordered by the court that the above road be established as marked out by said Jury but not to be opened through plantation untill the first of December next. Ordered by the court that Aaron C. WILSON be appointed overseer of the road from McLANES Mills to RAYNIES Store and that Grant J. ALLEN from RANEYS Store to a ledge of rock at the back of Josiah WILSONS field & that William H. HOWARD from the ledge of rock against Josiah WILLSONS field to Joseph H. BRITTIANS and Joseph H. BRITTEANS from his house to the Williamson County line- Issued. Ordered by the court that George H. ALLEN, Aaron BOYD & Michael ROBINSON be appointed overseers to work on said road. Issued. (7) Ordered by the court that Jason B. SHEFFIELD John P. BRUN, Joseph H. BRITTEAN James FULTON, Daniel LITTLE William LITTLE & Henry B. TERRY be appointed a Jury of view to turn a part of the Shelbyville road leading fom Shelbyville road leading from Shelbyville to Columbia through George R. SCOTTS land if they in their Judgement think that the intrust of the public & the Individ- require it- Issued. Ordered by the court that the road marked out from RANEYS Store to the Williamson County line be established as marked out by said Jury. Ordered by the court that Joseph EZELL be appointed overseer of the Shelbyville & Franklin road from Spring creek to the Bedford County line & that he have the same hands that John LITTLE & Moses FULWELL had that lives in Marshall County. Issued. Ordered by the court that John ROBINSON be appointed overseer of the road commenceing at RAYNIES Store and terminating at the South side of Marcillus COOKS lot and that Marcillus COOK be appointed overseer from his lot to WEATHERLEYS Pond, and that John RAGSDALE be appointed overseer from WEATHERLEYS Pond to the Williamson County line - Issued. Ordered by the court that Leonard BULLOCK Joseph ROSSON & William NEIL be appointed commissioners to assess hands to the above overseers, and make report to the next term of the court - Issued. It is ordered by the court that all the good citizens residing in or owning property in the County of Marshall who had give in & were liable to the payment of double taxes for the year 1837 - be released therefrom and be charged only single tax and the cost of making this order. (8) Ordered by the court that the following report of a Jury of review appointed at the last term of this court be adopted- The undersigned having been summoned by the Sheriff of Marshall County and duly sworn as a Jury of view to lay off the road described in the annexed order have proceeded to perform the duty assigned them and do agree upon & make the following report (to wit) The said road shall begin at the county line between Elizabeth ANDREWS and John VINCENTS and run through the said VINCENTS lane and by Jesse MORTONS, and by the school house on the said MORTONS land, and from the school along the way marked out and intersecting the old road leading from Mooresville to Berlin - thence with said road intersecting the road leading from Mooresville to Lewisburg at the courner of Richard WILKS meadow near Wm. STONES saw mill they have thus laid out said road to the greatest advangage of the inhabitants and as little as may be to the prjudice of inclosures to the best of their knowledge and skill - All of which they respectfully submit to the consideration of the worshipful court this 28 day of February 1837 - Jesse MORTON Richd. WILKS William HUGHES John VINCENT Adam STEELE Ordered by the court that the above road be established, as marked out by s aid Jury - it is further ordered that Jonathan MORTON be appointed overseer to cut out the above road and keep it in repair and that he have the following hands for the purpose to wit Jesse MORTONS hands Garland PARRISH Littleberry CARTER, John VINCENT & hands, Nimrod ANDERSONS, Aaron STEEL, Eaton PARRISH, John WILES, William WILES and John FEHLY and the hands if any should live where Esqr. WILLIAMS now lives and all other hands in that bounds. Issued. It having been represented fully to the satisfaction of this court that Jane WILKS a resident of Marshall County has died leaving no last will and testament, and William WILKS having applied for letters of Administration on her Estate, and the court being satisfied of his right to obtain them, be having given bond, with security approved by the court, in the sum of Two thousand dollars, and taken the oath of Administration as prescribed by law, the same is granted. Sherod DUNNEGAN appeared in open Court and gave bond in the sum of one thousand dollars with security accepted and approved of by the Court, and took the oath required by law as Executo r to the last will and testament of Matthew WALLACE Deceased. (9) March Term 1837 I having been represented to the satisfaction of this court that William T. BRANTLEY late of the County of Marshall is dead leaving no last will and testament and Harris BRANTLEY having thereupon applied for letters of administration on his Estate, and the Court being satisfied of his right to receive the same, he having given bond in the sum of Seven hundred and fifty dollars with good and sufficient security approved of by the Court. And took the oath prescribed by Law, the same are granted. James A. PARK aged Five years, and William M. PARK aged Four years, orphans, were by the court bound apprentices to James HARRIS until they arrive at the age of Twenty one years respectively - John B. FOWLER appeared in open court and having given bond in the sum of Eight hundred dollars with securities approved of by the court he was thereupon appointed guardian of William FLEMING a minor orphan of Richard FLEMING Deceased. James OSBURN appeared in open Court and having given bond in the sum of Eight hundred dollars, with securities approved of by the court, he was thereupon appointed guardian of Richard W. FLEMING a minor orphan of Richard FLEMING Deceased. John SHUFFIELD appeared in open court and having given bond in the sum of Four thousand dollars, with securities approved of by the court, he was thereupon appointed guardian of Richard FLEMING Deceased. John SHUFFIELD appeared in open court and having given bond in the sum of Four thousand dollars, with securities approved of by the court, he was thereupon appointed guardian of John D. ROBERTS and Nancy Ann ROBERTS minor orphans of Bright ROBERTS deceased. William and John WILKS appeared in open court and having given bond in the sum of Two thousand dollars with securities approved of the court they were thereupon appointed guardians of Malinda S. BILLS, & Blackstone W. BILLS minor orphans of Jonathan BILLS Deceased. Whereupon the court ajorned untill 10 o'clock tomorrow morning Wm. McCLURE Chairman William WILKS Asa HOLLAND (10) Tuesday morning March 7th 1837 Court met according to ajornment members present William McCLUER, Chairman Asa HOLLAND Thos. ROSS Robert JOHNSON William WILKS & Peter WILLIAMS Gentlemen Justices of the peace proclimation &c. Ordered by the Court that William MCCLUER Esqr. be appointed revenew commissioners to take a list of the taxable property & poles in District No. 14 for the year 1837 in that fraction taken from Bedford County. Ordered by the Court that Clark HOPWOOD and Joseph CLOWD be appointed overseer to open and cut out the McCOLUMS gap road commenceing at Elk rudge said gap & terminating at a large oak near Moore HOUSTONS fence on the south side of his plantation to open said road as marked out by the last Jury of review and have th hands in the following bound (to wit) Begining on the elk ridge where the sectional line crosses said rodge thence north with said line to NOWLINS Creek then a strate line to rock rock creek east of the sulphur spring thence up said creek to the PHIFER road at McCRORYS mill thence with said ridge to the beginning & that they have all the hands who live in the above bounds. Issued. Ordered by the Court that Jesse MORTON John VINCENT James BAXTER William ORR-Walker ORR Calvin HOLT Joseph DUNCAN Robert McCORD Robert MARSH James HOUSTON of Globe Creek Aaaron STEELE and Thos. McREE any five of whom may act be appointed Jurys of of review to commence at a large oak on the south side Moor HOUSTON Plantation which oak has been marked by the last Jury of review & review both routs from said oak to the town of Lewisburg as has been marked out by two former Jurys & let it be discresinary with said Jury takeing into consideration the good of the public & that the injury Individuals may sustain which rout shall be the public road and assess such damages that John M.HOUSTON (11) may may sustain if in their Judgement they establish the road where damages is claimed damages in the rout marked out by the last Jury and claimed no damages on the rout marked out by the first Jury of review, and make report to the next term of this court. Issued. Ordered by the Court that Joseph McCORD & Elias STILWELL be appointed overseers of the road from Lewisburg to LEEPERS old Mill & that they divide the road & the hands which has been assigned to work on the said road. Issued. Ordered by the Court that A. P. BRENCE and Abner HOUSTON be appointed commissioners to divide & assign the hands subject to work on roads living in the town of Lewisburg to the different overseers on the different roads that leads into town of Lewisburg as they think proper and make report to the next term of this Court. Issued. Ordered by the Court that James WILSON be appointed overseer of the road leading from Nashville to Fayetville commencing at the Lincoln County line and terminateing at Wright BRIANTS. Issued. Ordered by the Court that Stephen B. CHETWOOD be appointed overseer of the road leading from Fayetville to Nashville commencing at Wright BRIANT's and terminating at the fork of the Lewisburg road near Price BROOKS. Issued. Ordered by the Court that James G. LUNA be appoint4ed overseer of the road leading from Petersburg to Cornersville commencing at the north end of HOUZES land and terminating at William CARUTHERS. Issued. Ordered by the Court that John SANDERS be appointed overseer of the road leading from Fayetville to Columbia commencing at the Lincoln County line & terminating at William CARUTHERS. Issued. (12) Ordered by the Court that Frances C. FINDLEY be appointed overseer of the road leading from Fayetville to Columbia commenceing at the CARUTHERS and terminateing at the top of the ridge dividing the waters of cane & Richland Creek. Issued. Ordered by the Court that Robert JOHNSON Enoch RUST Orson GRAY Joseph MORRIS and Samuel FINLEY be appointed commissioners to assign hands to work on the public road under James G. LUNA, Thomas WILSON, Stephen C. CHETWOOD John SANDERS & Frances C. FINLEY overseers & make report to the next term of this Court. Issued. We being appointed by the County Court of Marshall County at the March term in the year 1837 as a Committee to compensate the revenew commissioners for their trouble in takeing and makeing out a list of taxable property and poles do make the following report, to wit, All those that have taken one hundred and fifty names or under to be paid Eight Dollars all over that amount ten Dollars March 6th 1837. Ephraim HUNTER Robert JOHNSON Berry MOORE Ordered by the Court that the Jury appointed a the February term of this Court to view a road between Samuel & Charley EWING to A. GATES to be revived and make report to the next term of this Court. Ordered by the Court that Asa HOLLAND James LUNA Stephen C. CHETWOOD P. W. BROOKE Robert BROOKS & Daniel BLAKEMOORE be appointed A Jury of view to examine and turn the Fayetville rod on Joseph MORRIS's own premises & make report to the next term of this Court, if they think it necessary. (13) Ordered by the Court that Jonas PHIFER be appointed overseer of the road commenceing at the Cornersville road at then end of Robert McCRORY land and terminateing at Samuel BECKETS line near LANHORNS field and he have all the hands who worked under Elisha COLLINS the former overseer. Issued. Ordered by the Court that William McGREGORY Josiah DUNCAN Daniel G. BILLS William EMERSON Elisha COLLINS Peter PHIFER & Samuel BECKET be appointed a Jury of view to lay off and mark out a road commenceing at Mager William DAVISES on the road from Lewisburg to Cornersville passing by Mager COCHRAN and Daniel BIVENS to McCOLUMS gap & report to the next term of this Court. Issued. William COWDEN appeared in open Court nad having given bond in the sum of Eight hundred DOLLARS with securities approved of the Court he was thereupon appointed Guardian for David G. FLEMINGS minor orphans of Richard FLEMMING Deceased. Whereupon the Court adjourned untill Court in Course. Wm. McCLURE Chairman William WILKS T. WILLIAMS Wm. COWDEN