MARSHALL COUNTY, TN - COURT- Minutes JUNE 1838 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–JUNE 1838 SESSION Page (147) The State of Tennessee June term 1838 At a county court begun and held for the county of Marshall at th e house of Abner HOUSTON on the fourth day of June 1838- Present Thomas WILSON Asa HOLLAND and James V. EWING Gentlemen Justices of the peace Proclimation &c. Alexander E. McCLURE Elected a Justice of the peace appeared in open Court and presented a commission from the Governor of the State of Tennessee and thereupon took the severel oaths prescribed by law. B. WILLIAMS Elected a Justice of the peace appeared in open court and presented a Commission from the Govorner of the State of Tennessee and thereupon took the severel oaths prescribed by law. William B. COOK Elected a Justice of the peace appeared in open court and presented a commission from the Govorner of the State of Tennessee and thereupon took the severel oaths prescribed by law. Lile A. EWING Elected a Justice of the peace appeared in open court and presented a Commission from the severel oaths prescribed by law. Benjamin C. BRANTLEY Elected a Justice of the peace appeared in open court and presented a commission from the Governor of the State of Tennessee and thereupon took the several oaths prescribed by law. James ELLIOTT Elected a Justice of the peace appeared in open court and presented a Commission from the Govorner of the State of Tennessee and thereupon took the severel oaths prescribed by law. Harris MALDEN Elected a Justice of the peace appeared in open Court and presented a Commission from the Governer of the State of Tennessee, and thereupon took the several oaths prescribed by law. On motion and it appearing to the satisfaction of the Court that Mark HARRIS hath departed this life leaving no will and James F. WARREN having applied for Letters of administration on the estate of said deceased and the Court being satisfied of his right to obtain them, it is ordered by the court that he the said James F. WARREN be appointed administrator of all and singular the goods and chattles rights and credits of said estate who gave bond with Aaron BOYD and John LAWS his securities in the sum of seven thousand dollars, it is therefore ordered that Letters of administration Issue to him the said WARREN he have taken the oath prescribed by law. On motion it is ordered by the Court that Jason B. SHUFFIELD Andrew LAIRD and Joseph H. BRITTAIN be appointed Commissioners to lay off and set apart one years provision for Nancy HARRIS the widow of Mark HARRIS deceased and report thereon to the next term of this Court. Issued On motion it is ordered by the court that Henry S. WILSON be appointed overseer of the road Commenceing at Burlin and terminating at the Courty line and that he have the former hands Issued. On motion it is ordered by the court that James W. BELL be appointed overseer of the road from the creek near Henry SIDES and terminating at Henry COLLINS and that he have the former hands Issued. Ordered by the Court that Felix G. McGAUGH be appointed overseer of the road in room and sted of John EVANS and that he have th former hands. Issued. No page 148 (149) Aaron BOYD and James F. WARNER administrator of the estate of Sherwood DUNNEGAN deceased appeared in open Court and presented an Inventory of said estate which was accepted by the Court and ordered to be recorded, Also presented an account of sales of said estate which was ordered to be recorded. William O. RUTLEDGE administrator of all and singular the rights and Credits of Joseph E. RUTLEDGE deceased appeared in open court and presented an Inventory of said estate which was ordered to be recorded. Martin W. OAKLEY clerk of this Court Exhibited in open Court an account of a Settlement made by him with William COWDEN Guardian of Elizazbeth LANGLEY one of the Children and heirs at law of Lemuel LANGLEY deceased for the Year 1838 - which report being seen and by the court fully understood was in all things confirmed and ordered to be recorded. Ordered by the Court that Samuel HALL Washington HUNTER Harris MAULDEN Henry TALLEY and William NORWOOD be appointed Commissioners for the Swan School tract. Ordered by the Court that Henry HAISLIP be appointed overseer of the road in the room and sted of Washington HUNTER and that he have the former hands. Issued Ordered by the court that John A. SNELL be appointed overseer of the road leading from Lewisburg to RANKINS old Shop commenceing at Lewisburg and terminateing at the dividing line between the Lewisburg and Williams district that he have the following hands (to wit) Wesley A. GILES William T. NOWLIN Simeon GARRETT Elisha GARRETT John McDANIEL Avary MUSTAIN Elizabeth DEVINS 2 hands William BETHOON James A. DEVIN, Levi PHIFER, Hardin DAVIS, Gideon McDOWELL and all the hands in the above bounds. Issued. (150) Ordered by the Court that Hugh B. BIGHAM be appointed overseer of the road from TALLEYS to John B. FOWLERS and that he have the following hands, to wit, William TROUT, James EDWARDS. Two hands. Thomas McKNIGHT William BIGHAMS 2 hands Alfred DAVIS Robert DAVIS John DAVIS, Silas M. COCKRAN, Josiah DUNCAN, John EMMERSON William TURNER Alexander RAMBO, and that he have all the hands in their bounds. Issued. The commissioners appointed at the April term of this Court to set apart one years provision for the widow of Sherwood DUNNEGAN Deceased Reports as follows to wit. We, the undersigned freeholders of Marshall County after being duly sworn have Proceeded to set apart to Cintha DUNNEGAN Deceased so much of the crop and provision on hand as will be sufficient in our opinions to support her and her family one year from the death of her said husband. We set apart to her for said purposes the following property, to wit, Eight hundred pounds of Bacon, on tub and Stone Jar of Lard about seventy five Pounds six Port hogs and two pigs one small beef Steer Twenty five dollars to purchase Coffee, Shugar & salt one Cribb of unshucked corn about 40 barrels one stock of oats one hundred pounds of flower one Lot of picked Cotton about 30 pounds 4 pounds of Wool rolls 30 pounds of gross wool, one small lot of flax 2 sides of upper leather 1 side of soal leather one tub of soap - Given under our hands and seals this 23rd day of April 1838. Andrew LAIRD (seal) Joseph ROSSON (seal) J. B. SHUFFIELD (seal) which report being seen and by the Court fully understood was in all things confirmed and made the order of this Court. The commissioners appointed at the last term of this court to assign hands to work under William TALLY and Garsham BILLS overseer of Public roads reports as follows, to wit. We Wesley A. GILES, and John A. SNELL do assign the following hands to William TALLEY to work on the road which he is overseer4 beginning at the forks of the road thence to the widow NOWLINS thence to the widow BURMINGHAMS thence to the widow WILLIS’s thence to Henry COLLINS thence to James GLENNS thence to Alexander GLENNS thence to old Mr. BETHOORS (151) thence to John COLLINS thence to William CALLAHANS thence to the beginning including these named hands and all in said bounds June 1st 1838 Issued. Wesley A. GILES John A. SNELL Which report being seen and by the Court understood was in all things confirmed and made the order of this court. We Wesley A. GILES and John A. SNELL do assign the following hands to Garsham BILLS to work on the road to which he is overseer - Beginning at the x roads thence to Elijah RUSTEN thence to Robert WILSONS thence to Leonard TWITTYS thence to William G GRAHAM thence to John GRAHAM thence to Samuel RAMBO thence to James REED Esqr. thence to Charles WILCKS thence to Murdock MALONE thence to Garsham BILLS thence to the gegining including all the hands in said bounds June 1st 1838. Issued. Wesley A. GILES John A. SNELL Which report being seen and by the Court understood was in all things confirmed and made the order of this Court. William NEAL appeared in open Court, and thereupon was appointed Guardian for Mary, Charity, and Dorothy minor orphans of Edward M. McLEMORE eeceased who Executed his bond in the sum of Twelve hundred dollars with James PATTERSON his securities which was accepted by the Court. Issued. William NEIL Exhibited in open Court a transcript from the County of Maury in the following works and figures, to wit. State of Tennessee Maury County Court of pleas and quarter Sessions October term 1828. At a court of pleas and quarter sessions begun and held on the 21st of October 1828 for the County of Maury at the Court House in the town of Columbia before the worshipful John MACK - John C. WORMLEY Alexander JOHNSON Joel REESE Richard B. POTSSMAN Robert CARUTHERS John MILLER P. T. VOOHIS Joseph ERWIN John W. RECORD and James L. BALDRIDGE and others their fellow Justices. I Nelson CLARK (152) protempore and Nimrod PORTER Sherriff among other things then and there done by said Court and ordered to be entered of record was made and ordered to be entered of Record the following order and entry, to wit, on motion it is ordered that William NEIL be appointed Guardian of Mary, Charity & Dorothy Minor heirs of Edward McLEMORE deceased who Executed bond with Thomas GILLESPIE his security in the sum of Twelve thousand dollars. State of Tennessee Maury County I William E. ERWIN Clerk of the county Court of Maury County hereby certify the foregoing to be a true copy of the order of Record in the above Case as the same now appears and remains of Record in my office - Given under my hand and the seal of said Court at office this 26th day of March A. D. 1838 Wm. E. ERWIN Clerk of Maury County Court. (SS) Martin W. OAKLEY clerk of this Court Exhibited in open Court an account of a settlement made by him with William NEIL Guardian of Mary Charity and Dorothy minor heirs of Edward McLEMORE deceased for the year 1838 - which report being seen and by the Court understood was in all things confirmed and ordered to be recorded. Martin W. OAKLEY clerk of this Court Exhibited in open court an account of a settlement made by him with William ROSSON Guardian of Patey, Polly, Enoch, Malinda, Morgan Rebecca and Eliza ROSSON for the year 1837 which report being seen and by the court understood was in all things confirmed and ordered to be recorded. State of Tennessee Maury County I William E. ERWIN Clerk of the County Court of said County do hereby certify that Benjamin WILLIAMS Guardian of the minor heirs of John McLEAN deceased reported to the December term of the Maury County Court for the Year 1833 - the following property belonging to said heirs to wit, one tract of land in Mary County containing seventy three acres one tract of land in Perry (153) County Containing one hundred and fifty eight acres and one negro Woman named Lile and that he said WILLIAMS has this day made a report to the court now siting showing the heirs to be in his debt for moneys expended in their behalf thirteen dollars and thirty eight cents and was discharged from reporting to said Court any more - Given under my hand and seal of office this 6th day of February 1837 - Wm. E. ERWIN Clk. of Maury County Court (P. S.) Martin W. OAKLEY clerk of this Court Exhibited in open Court an account of a settlement made by him with Benjaman WILLIAMS Guardian of theminor heirs of John McLANE Deceased for the Year 1837 which report being seen and by the Court understood was in all things Confirmed and Ordered to be recorded. State of Tennessee Maury County County Court May term A. D. 1838 On motion of Sarah MCKEE and it appearing to the satisfaction of the court that she the said Sarah was at a former term of this court was appointed Guardian of the minor heirs of Samuel MCKEE decd. and that since her appointment as Guardian of said Minors she had said minors has been Stricken of from Maury and attached to Marshall County and that she has since been regular appointed Guardian for said Minors by the County Court of Marshall County and that she has Executed bond in said County of Marshall according to law it is therefore ordered by the court there that the said Sarah McKEE be and se is hereby released from making & reporting her settlements tot this court as Guardian of said minors and that in future she make her reports of settlement to the county Court of Marshall County and further that she be released from all liability in future on account of her bond executed for her Guardianship in the County of Murray State of Tennessee Murray County. I William E. ERWIN Clerk of the County Court of Murray County hereby certify the foregoing to be a true copy from the records of my office as the now appears and remains of record in (154) my office. Given under my hand and the seal of said Court at (seal) office this 25th day of May A. D. 1838. Wm. E. ERWIN Clerk. Martin W. OAKLEY Clerk of this Court exhibited in open Court an account of a settlement made by him with Sarah McKEE Guardian of the heirs of Samuel McKEE deceased for the year 1837 which report being seen by the court and in all things understood was confirmed and ordered by the court to be recorded. Decree, On motion it is ordered by the Court that Jason B. SHUFFIELD Guardian of Rebecca CARUTHERS Minor heirs of Robert CARUTHERS Decd. be and he is hereby required to sell to the highest bidder on a credit of Twelve months all the personal property belonging to said minor. Court adjourned untill ten o’clock tomorrow morning to meet at the Counting room of Williams & Nowlin. Asa HOLLAND J. P. Thomas WILSON J.P. James V. EWING J.P. Tuesday Morning June the 5th 1939 Court met according to adjournment present Thomas WILSON, James V. EWING and Asa HOLLAND, Gentlemen Justices of the peace- Proclimation &c. Martin W. OAKLEY clerk of this court Exhibited in open Court Exhibited in open Court an account of sales returned to him by William CARR one of the Executors of John F. CARR dec. which account being seen and by the Court understood was in all things Confirmed and ordered to be recorded. S. C. CHETWOOD Elected Justice of the peace appeared in open court and presented a commission from the Govorner of the State of Tennessee and thereupon took the several oaths prescribed by law. (155) The last will and testament of James HEMPHILL decd. was this day presented in open court by James BELL and James HENPHILL Executors thereto and on motion the Execution of said will was duly proven by the oath of A. ROSBOROUGH and John ANDERSON subscribing witnesses thereto, and upon Motion it is ordered that Letters testamentary Issue to the said James BELL and James HEMPHILL, who accordingly Executed their bond in the sum of Five hundred dollars with Harris MAULDEN and S. C. CHETWOOD securities thereto and took the oath prescribed by law. Martin W. OAKLEY clerk of this Court Exhibited in open Court an account of a settlement made by him with John SHUFFIELD Guardian of John D. ROBERTS and Nancy Ann ROBERTS which report being seen and by the Court full understood was in all things confirmed and ordered to be recorded. On motion it is ordered by the Court that Jesse G. RAINY, Isaac N. RAINEY, B. G. RAINEY and Jeffsey BECK, Ezekiel BILLINGTON Mildred WALLACE AND Mathew NELSON and the heirs of Sherwood DUNNAGAN decd. be and they are hereby released from the payment of double tax for the year 1838- Whereupon Court adjourned untill court in course to meet at the house of Abner HOUSTON near the town of Lewisburg Asa HOLLAND J.P. James V. EWING J.P. Thomas Wilson J.P.