MARSHALL COUNTY, TN - COURT- Minutes JUNE 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 RECORDS--JUNE 1837 SESSION Page (29) State of Tennessee, Marshall County. At a County Court begun and held for the County of Marshall at the house of A. HOUSTON in the State of Tennessee on the first Monday in June the same being the 5th day of the month in the year of our Lord one thousand eight hundred and thirty seven- present William McCLURE Chairman. Asa HOLLAND James ADAMS, Peter WILLIAMS, Ephraim HUNTER, James L. EWING, Joseph CLICK, David YANCY, Thomas WILSON & William COWDEN Gentlemen Justices of the peace. Proclamation being made &c &c- Ordered by the Court that the Revenue Commissioners and the Clerk be required to rectify and correct any error either of them may have made in the different Tax Lists. Ordered by the Court that the Trustee of Marshall County pay unto Mary LOGAN the sum of Nine dollars for the boarding & other services heretofore rendered unto Rebecca COLLINS who is represented unto this Court as being unable to support herself. And also that she be allowed out of the Treasury of the County of Marshall county for the further maintenance of the said Rebecca COLLINS the sum of Three dollars per month until the 25 day of December next. Issued. David McGAHEY clerk of the Circuit Court of Marshall County exhibited in open Court an accompt of Books purchased by him for the purpose of keeping the record of his office amounting to Thirty seven dollars. And on motion the Ayes & Noes were ordered & are as follows - Ayes- William COWDEN, Thomas WILSON Ephraim HUNTER, Thomas CUMMINGS, Asa HOLLAND, John FIELD, James L. EWING, Sherwood GUNNEGAN, Robert JOHNSTON, James ADAMS, Berry MOORE, Thomas HARDISON, James REED, William McCLURE, John CHANDLER 15. Noes - none - And thereupon said allowance was ordered to be recorded. Certificate Issued. John ELLIOTT Register of Marshall county Exhibited in open Court an account of Books procured by him for the purpose of keeping records of his office amounting to Ten dollars and twenty cents On motion the Ayes and Noes were taken on the allowance and decided in the affirmative as follows - Ayes, Thomas CUMMINGS, George CUMMINGS, William COWDEN, Thomas WILSON Ephraim HUNTER, John FIELDS, Jaes L. EWING, James PATTERSON, Sherwood DUNNEGAN, Robert JONSTON, David YANCY, John CHANDLER (30) James ADAMS, George W. McBRIDE, Berry MOORE, Thomas HARDISON, James REED, Joseph CLICK, William McCLURE - 19- Noes none. And thereupon said allowance was ordered to be recorded, Issued. The will of Christopher HOUSTON Decd - late of the county of Marshall was by consent of the parties deposited with the Clerk of this Court sealed up to be acted upon at the next term of this Court. On Motion it is ordered by the Court that the order made att the March term of this Court taking privileges to one fourth of the State Tax thereon, be rescinded, set aside, and held for naught. The last will and testament of Ruth HARRIS, Decd was intorduced in open Court this day, and the execution thereof duly proven by the oaths of Joseph CLICK and Charles HOPPER subscribing witnesses thereto, And thereupon James HARRIS & Lawson HARRIS appeared in open Court and entered into bond in the sum of seven thousand dollars with security accepted of and approved by the Court & took the oaths prescribed by law as Executors of the last will & Testament of the aforesaid Ruth HARRIS Deceased. The last will & Testament of James COFFEY Deceased was this day produced in open Court and the execution thereof duly proven by the oaths of Peter CARPENTER and Thomas COFFEY sunscribing witnesses thereto. And thereupon David RAMSEY and Samuel RAMSEY appeared into open Court and entered into bond in the sum of Five thousand dollars with security accepted of and approved by the Court and took the oaths prescribed by law as Executors of the aforesaid last Will & Testament of the said James COFFEY Deceased. Ordered by the Court that John ELLISON, John HARKNESS & Bennett PYLAND, Thomas LONG, John H. BATEY & Robert DRYDEN be appointed a jury of review to lay off a road from the bridge of Farmington to Lewisburg on a rout of which will be of the most benefit to the Citizens and the least expense to the County or damage to the individuals & make report to the next term of this Court. Elizabeth STAMPS appeared in open Court & acknowledged the Execution of a power of Attorney to Jesse MORTON to receive Dower and on motion it is ordered to be Certified. (31) Ordered by the Court that Wesley ANSLEY overseer of the road from ELLIOTTS Mill to Abram TALLYS have the following hands (to wit) Thorton COX two hands & Abram TALLEY two, B. WILLIAMS two, Garman GRAY James COCHRAN Allen HACKNEY, Thos. NIX John GILBERT Thomas VANLANDINGHAM, John WEAVER & son John COCHRAN Hyram HUBBARD and Richmond GILBERT to keep up said road. Issued. Ordered by the Court that Levi COCHRAN overseer of the road from TALLSY to John B. FOWLERS have the following hands (to wit) William TROUT, James EDWARDS two, Thomas McKNIGHT William BIGHAM two, Alfred DAVIS Samuel DAVIS John DAVIS Silas M. COCHRAN Hugh B. BIGHAM Josiah DUNCAN John EMERSON William TURNER Alexander RAMSEY & Robert MCETEER to keep said road in repair. Issued. Ordered by the Court that James C. RECORD be appointed overseer of the road from the forks of the road at John B. FOWLERS to the Branch west of his house have the following hands (towit) James C. RECORDS hands and the hands living on his farm William FOWLER & Willis FOWLER to keep up said road. Issued. Ordered by the Court that James OSBURN overseer of the road from the branch west of James C. RECORDS to the County line have the following hands, (to wit) Gray L. JONES, the hands of the estate of C. HOUSTON, William AMEXANDER, Elijah ALEXANDER, John ALEXANDER, John P. ARMORE, A. WILLIAMS, James OSBURN, Four hands, James HENRY William D. EMERSON David HALBROOK Absalom ALEXANDER, James COLLINS, Horatio M. PHILLIPS, William H. PHILLIPS, Eli CHEEP, & son Wm. LONDON Thomas LONDON & Henry EMERSON to keep up said road. Issued. (32) Ordered by the court that John M. HOUSTON overseer of the road from Lewisburg to the north Corner of BRIANTS field on the McCOLLOM road hame the following hands (to wit) David NOWLINS hand William CLOUD Leonard SHANKLIN Daniel B. BILLS Garsheen BILLS Richard MOORE Martin PRUET Willis M . HOPWOOD Robert DABNEY John HELMICK James HARKNEYS & Edmind HOBBY to keep up siad road. Issued. Ordered by the Court that Russell BRIANT overseer of the road from his field to Clark HOPWOODS the McCollum Gap road havethe following hands to wit: John PAXTON, John F. PAXTON, Willis HOPWOOD, Thomas ROSS Clark HOPWOOD, E. McKNIGHT, William TALLEY, John BIRMINGHAM Harrison WOOD Henry THOMPSON, James McKNIGHT & John BIRD to keep up said road. Issued. Ordered by the Court that Jonah PHIFER overseer of the road passing by Robert McCRORYS home thefollowing hands, to wit: Cephas R. PHIFER Elisha COLLINS Samuel BECKET John H. EMERSON John McGREGOR William McGREGOR Holland COLLINS Jerry TILMAN A. EMERSON L. D. TURNER Robert McCRORY & Four hands James SHANNON Thomas COLLINS T. McLAIN Howard DUNCAN Elijah LINCOLN T. TILMAN & Joshua LANHORN to keep up said road. Issued. Ordered ny the Court that Hiram WILSON overseer of the road have the following hands to wit: Thomas H. RICHERSON Harval C. RICHERSON, William PERRY Michael SHEHAM C. CALVERT John COLLINS Thomas FARLEY David FARLEY Wm. B. (33) MURCHA James VINCENT Richard VINCENT Lidia & Robert HILLS Four hands & William WEBSTER & James COLLINS to keep up said road. Issued. William ROSSON Exhibited in open Court his account as Guardoan of Patsy ROSSON Polly ROSSON, Enoch M. ROSSON, Malinda C. ROSSON, Morgan C. ROSSON Rebecca Ann ROSSON & Eliza H. ROSSON heirs of Henry B. ROSSON Deceased which was received by the Court and ordered to be recorded. Ann VEST and Gideon CHADWELL Executrix and Executor of the Estate of Samuel VEST Deceased exhibited in open Court an Inventory of the notes and accounts and perishable property to the estate of the said deceased which was received and ordered to be recorded. The Commissionerd appointed to set out & superintend the erection of the Court house & Jail of Marshall County presented to the court the following report of their proceedings thereon which was received and ordered to be recorded. We the commissioners of Marshall County Satate of Tennessee appointed by the worshipful county Court of said Court of to lay off & sell the town Lots in the tonw of Lewisburg to superintend the erection of the public buildings &C after being duly qualified by the proper authority in said Court and enter upon the duties imposed upon us and in pursuance there of pray your worships to hear the following reports - After being directed by your worships to let out said Court house and jail in such way we in our judgement thought best, Did proceed to let out the building of the brick and stone work of said Court house & Jail to THOMAS & MOORE on the 25 day 25th day of March 1837 & they are to have the brick & stone Court house finished by the 25th day of December 1838 - and they are to perform said work in w good workmanlike manner and for the faithful performance of said contract, we have bound them in the sum of Eleven thousand & six hundred dollars, the bond is severally assigned, THOMAS & MOORE and William PILLOW and for Compensationn we have agreed to pay them as follows - to wit - when the foundation of the Jail is finished $300 - when the first story (that is the brick & stone work ) is finished $300 more - when the jail is completed $950. more - when the foundation of the Court house is laid $800 (34) more when the first story is done $1000 more and when it is completed $2450 more which is the whole for the completion of the brick and stone work of said Court house and jail amounting to $5800 - Also we have let out the building of the Carpenters work of the Court house, painting &C - to Levi COCHRAN as follows- to wit- He is to have said work completed in a good and workmanlike manner by the 1st Day November 1838 and for the faithful performance of which we have taken his bond executed this day March 1837 and severally assigned Levi COCHRAN and James OSBURN for nine thousand dollars0 and for compensation we have agreed to pay to the said Levi COCHRAN $4500. Also the wood work of the Jail to James HARKNESS. He is to build all the wood & iron of said jail as follows To wit: He is to have the dungeon room completed by the 1st day of December 1837 - and is to have the whole completed by the 1st day of March 1838- and is to raise the log walls in time so as to suit the convenience of the brick mason. For the faithful performance of which he the said HARKNESS has executed his bond for Ten thousand dollars dated the 1st day of march 1837- and severally assigned James HARKNESS and John ELLISON- And for compensation we have agreed to pay to the said HARKNESS $2300 making in all $12600 which in our judgements was the best that we could do under the present circumstances. Given under our hands this 5th June 1837- Joel YOWELL Hugh McCLELLAND Wm. WILLIAMS James C. RECORD James OSBURN Also the aforesaid Commissioners made the following report- to wit: We the commissioners think proper to make the following alteration in the plan of Marshall County Jail Instead of ceiling the dungeon overhead wtih two inch oak pland, we will oil it with Inch & quarter oak plank, and lay the floor of the debtors room with two inch oak plank well pinned down- And the debtors room is to be ceiled all round & overhead with inch & quarter poplar plank well nailed on with 10 o nails and the Joists overhead the debtors room are to be of the usual dimensions put at the usual distance from each other. April the 12th 1837. Hugh McCLELLAND William SILLIAMS Joel YOWELL Adopted James C. RECORD James OSBURN (35) Thonas D. KENNEDY of Giles county this day appeared in open Court and having entered into bond in the sum of Twenty five hundred dollars with securities approved of and accepted by the Court, he was thereupon appointed Guardian of Minerva Ann EVINS a minor orphan of JOhn EVANS Deceased. Certificiate. Cawallander J. CLAIBOURBE this day appeared in open Court and was by Chosen by John W. HILL, a minor orphan of Thomas W. HILL,, to be his guardian, & he having given bond in the sum of Ten thousand dollars with security approved of, and accepted by the Court was thereupon appointed guardian to the said John W. HILL minor as aforesaid. Jesse MORTON this day appeared in open Court, and having entered into bond in the sum of Eight thousand dollars with securities approved of, and accepted by the Court, he was thereupon appointed guardian of William F. Asa L. John W. & Lucy Ann STAMPS minor orphans of Bird STAMPS Deceased. Certificate. Ordered by the Court that the order made at the last term of this Court directing a ewview be made on that part of the road leading from RAINEY's store to the Williamson County line, which passes through the enclosure of Marcellus COOK & turn said road round in closure or assess damages & report thereon to this term of the Court - be revived and that B. G. RANEY, G. L. & Joshua BUTLER, G. L. ALLEN, John LARD John MORTON be appointed Jurors of view instead of those formerly appointed thereon & make report to the next term of this Court. Issued. Ordered by the Court that the order made at the last term of this Court directing a review to be made on that part of the road leading from MORTONS old Mills which passes through Jane CHERRYS land to Change said road or assess damages be revised and that John LAIRD Andrew VENIBLE Samuel RADFORD Harrison GILLUM George R. MAY John H. ALLEN John LAVENDER & Aaron C. WILSON be appointed Jurors of view instead of those formerly appointed thereon, and make report to the next term of this court. Issued. Ordered by the Court that Alfred BEARDEN be appointed overseer of the road leading from Fayetville to Columbia from the County line to the top of the ridge between Swan & Richland Creek. (36) Ordered by the Court that A. BEARDEN and Washington HUNTER divide the hands between them and keep up the roads of which they are overseers. Issued. Ordered by the Court that James EWING, A. S. HAYES, James BOREN David C. CRESWELL Gabiril LONG & James SHAW be appointed a Jury of view to lay off & straten the pulaske road from Richard LONGS to George CATHEYS if in their Judgement the public good and of Individuals require it and make report to the next term of htis Court. Issued. Nancy COLLINS aged Ten years orphan were by this Court bound to Samuel RAMSEY untill she arrives at the age of Eighteen years. John HATCHETT & Tho.s ROSS who were appointed at a former term of this court to settle with James C. RECORD administrator of the estate of Thomas RUTLEDGE Deceased have made their report which was accepted by the Court, and ordered to be recorded. James EWING, A. N. WOODS & John ORR, who were appointed at the last term of this court, Commissioners to lay off provisions to Jean REED widow of A. B. REED Decd presented their report which was received & ordered to be recorded. John ELLISON Administrator of all the goods & Chattels belinging to said Decd to gether with a list of notes payable to said Deceased which is ordered to be recorded. James KENNEDY, William McCLURE, Peter WILLIAMS & John W. RECORD & Jonathan SMITH Commissioners of School district Town ship No. 5 formerly in Maury County now Marshall County made report to this Court which was received by the Court and ordered to be recorded. James KENNEDY, J. W. RECORD, Jonathan SMITH, Peter WILLIAMS & William McCLURE Commissioners for the above named District in Twonship No. 5 Exhibited their account for services rendered (37) as commissioners which is by the court thought to be entered of Record. That is to Hugh B. BIGHAM for surveying $111, To James KENNEDY $700 John W. RECORD $400 Jonathan SMITH 12.00 Peter WILLIAMS $850, & to William McCLURE $12.50 Whereupon Court adjourned untill ten o'clock tomorrow morning. Wm. McClure Chairman James PARKS Thos. ROSS Tuesday morning June 6th 1837 Court met according to adjournment members present were William McCLURE Chairman Thos. ROSS & James ADAMS Gentlemen Justices of the peace proclimation &C. Ordered by the Court that John FIELD and John HATCHETT be appointed commissioners of revenew to settle with the officers of Marshall County and make report as the law directs. Ordered by the Court that the order made at the last term of this Court to file a partition with the clerk for a bridge across Duck river be revived & that the same stand for hearing at the next term of this Court. Ordered by the court that Wesley ANSLEY be appointed overseer of the road commenceing at ELLIOTTS Mill and terminateing at the branch north of TALLYS. Issued. Ordered by the Court that John W. RECORD Jonathan SMITH William McCLURE, James V. EWING and James PATTERSON be appointed Commissioners of A tract of School land in said County of Marshall in Township No. 5. (38) Ordered by the Court that George W. McBRIDE one of the revenew commissioners receive out of the public treasury Ten dollars for his services in takeing & returning a list of taxable property & poles in said County, And that John FIELD havbe $8.00 and A MILLER $10.00 and Robert DYSART have $8.00 and Joseph CLICK $10.00 and that Asa HOLLAND have $10.00 and that James PATTERSON have $10.00 and that A. LARD have $8.00 andthat William McCLURE have $8.00 and that Peter WILLIAMS $10.00 and that Thomas ROSS have $10.00 and that William WILKS have $8.00 and that James B. LOWERY have $8.00 and that the County trustee of Marshall County is hereby authorized and re quired to pay the same out of any public money that may be in his hands not otherwise appropriated. The last will and testament of William DUNCAN Deceasesd was this day presented in open Court by Joseph DUNCAN and thereupon Abraham TALLEY as Guardian &C of the heirs of Polly TALLEY formerly Polly DUNCAN one of the legatees of the said William DUNCAN Deceased appeared and rotested against the will being admited to probate & says he intends to contest the legality of the same whereupon the said Abraham TALLEY entered into bond in the sum of Five hundred dollars payable to Joseph DUNCAN one of the executors ofl the said William DUNCAN Deceased and John W. RECORD administrator of the estate of Robert W. DUNCAN Deceased who was one of the Executors to said Estate with good and sufficient security conditioned for the prosecution of the same with effect or payment of all costs that may accure thereon. it is therefore ordered by the Court that the said will together with the proceedings had thereon in this Court be certified & sent up to the Circuit Court of Marshall County. Whereupon the Court adjourned untill court in Coursse. Wm. McCLURE Chairman Thos. ROSS James PARKS