MARSHALL COUNTY, TN - COURT- Minutes JUNE 1839 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 1839 Page (265) June term 1839. State of Tennessee, Marshall County. At a County Court begun and held for the county of Marshall at the Court house in the town of Lewisburg the place appointed by law for holden the Several Courts in said County on the first Monday in June it being the 3rd day of the month A. D. 1839 present Asa HOLLAND James V. EWING and Robert JOHNSON the quorum for the present year gentlemen Justices of the peace proclamation &C. Martin W. OAKLEY clerk of this Court presented to this Court an account of a settlement made by him with John HARKNESS guardian of the minor heirs of William BUCHANAN decd for the year ending the 20th day of May 1839 which report was seen and by the Court understood was in all things confirmed and ordered to be recorded. Martin W. OAKLEY clerk of this Court presented to this court and account of a settlement made by him with Benjamin WILLIAMS guardian of the minor heirs of John McLANE decd for t the year ending the 7th day of May 1839- which report was seen and by the court understood was in all things confirmed and ordered to be recorded. Martin W. OAKLEY clerk of this Court presented to this Court an account of a settlement made by him with Isabella DRYDEN guardian of Margaret Elisa DRYDEN minor heir of N, DRYDEN decd for the year ending the 25th day of May 1839 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 presented to this Court and account of a settlement made by him with G. W. OGILVIE Guardian of the minor heirs of P. LONG decd for the year ending the 9th day of May 1839 which erport being seen and by the Court understood was in all things confirmed and ordered to be recorded. Martin W. OAKLEY clerk of this Court presented to this Court an account of a settlement made by him with E. HOGG Executor of the last will and testament of Wm. HOGG decd which report being seen by the Court understood was in all things conformed and ordered to be recorded. (266) June term 1839. Martin W. OAKLEY clerk of this Court presented to this Court an account of a settlement made by him with Demies R. D. DOBBONS administrator of the estate of Thomas STAMNERS decd whichreport being seen and by the Court understood was in all things confirmed and ordered to be recorded, James C. EMERSON appeared in Court and presented a Certificate of an Election certified by the Sherriff of Marshall County that he was duly and constitutionally Elected constable for said County in the 14th civil District 1 who Executed his bond in the words and figures following, to wit: State of Tennessee, Marshall County. Know all men by these present that we James C. EMERSON, Joseph DUNCAN and William EMERSON all of said County are held and firmly bound unto Newton CANNON govorner of the State of Tennessee or his successors in office in the sum of four thousand dollars for the payment of which well and truly to be made we bind ourselves and each of us our heirs Executors administrators jointly and severly firmly by thesepresent Sealed with our seals and dated this 3rd day of June 1839. The condition of the above obligation is such that where as the above bound James C. EMMERSON hath been elected a constable in the 14th District in the county of Marshall and hath this day been duly qualified as such. Now therefore if the said James C. EMMERSON shall well and truly Execute and true return made upon all and every processwhich may come into his hands as constable aforesaid and faithfully pay over all moneys by him collected as such wo whomsoever may be legally authorized to secure the same and to do and perform all such duties as are required by law on him as constable then this obligation to ne void otherwise to remain in full force and virtue and virtue, day and date above written. James C. EMMERSON (seal) Joseph DUNCAN (seal) William X EMERSON (seal) his mark and took the several oaths prescribed by law. Court adjourned to meet at the County Clerks office-Court met according to adjournment present Asa HOLLAND James V. EWING and Robert JOHNSON the quorum for the present 1839 Proclamation &C. (267) Martin W. OAKLEY clerk of this Court presented to this Court an account of a settlement made by him with Lawson and James HARRIS Executors of the last will and testament of Ruth HARRIS decd 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 presented to this Court an account of a settlement made by him with William ROSSON guardian of the minor heirs of Henry ROSSON decd for the year ending the 3rd day of June 1839- 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 presented to this Court an account of a settlement made by him with Moses ONEAL guardian of the minor heirs of Harris MOUNT Decd for the year ending 1st day of March 1839 which report being seen and by the Court understood was in all things confirmed and ordered to be recorded. James EWING, Wm. D, McCLARY, Lile A. EWING & D. C. MITCHELL Executors for the last will and testament of Allen LEEPER Decd appeared in Court and presented an Inventory of said Estate which was ordered to be recorded. Losson HARRIS and James HARRIS presented to this Court an account of an Error made in a return of account sales of the personel property of Ruth HARRIS Decd to the amount of Five Dollars 58 1/4 cent which was received by the Court and ordered to be entered on record. (268) June Term 1839. On motion it is ordered by the Court that Thomas JACKSON be appointed overseer of the Road in the room of Archibald McCONNELL and that he have the former hands. Issued. James V. EWING appeared in court and was thereupon appointed Guardian for Jane and Susan C. EWING minor heirs of James D. EWING Decd and who executed his bond in the sum of Twelve hundred Dollars with Lile A. EWING his security was accepted by the Court. On motion it is ordered by the Court that Alexander SWAN be appointed overseer of the Read’s Gap Roads in the room of John COLLINS and that he have the former hands. Issued. On motion it is ordered by the court that William LONDON be appointed overseer of the road leading from JamesMcCONNELL to Lewisburg in the Room of Nathan GLENN and that he have the following hands Viz; Wm. D. LAWHORN, Thos. I. WILSON, Joel HART Tho. CALVERT, David CALVERT, Isaac GRAVES, Alex TAYLOR, Jury TILLMAN William DOLTON, Robt. OSBORN, Thos. WILSON’s hands Garrison PETTIS and all the other hands that may live in these bounds. Issued. On motion it is ordered by the Court that James SANDERS- Sr. William COOK, Geo. WOODWARD Saml. SANDERS Sr, Abner G. JONES Griffith I. LEONARD and Wm. FINLEY be appointed a Jury of view to change a part of the Petersburg and Cornersville Road that runs through Henry TALLY’s land or assess damages to said TALLY taking into consideration the good of the Publick and that of an individual and report thereon to the next July term of this court. Issued. (269) June Term 1839. Jackson LIGGETT presented to this Court a Certificate of an Election in the words and figures following (to wit) At an Election opened and held at the late residence of John F. CARR Decd for the purposesof removing or locating the Precinct of the 11th District of Marshall County State of Tennessee on the 2 day of June 1839 I Certify that a majority of the votes given was for removing and establishing the said Precinct to and at Cedar Spring. Given under my hand and seal this 3rd day of June 1839. Jackson LIGGETT CMC(Seal) It is therefore ordered by the Court that the precinct in said District No.11 in Marshall County be permanently located at Cedar Spring in said district. The State of Tennessee Marshall County. Court June Term 1839 upon the application of William J. BRYAN for a certificate preparatory to his obtaining License to practice law. It is ordered to ne certified that he is a man of good moral carrecter that he has attained the age of Twenty one years and that he is a citizen of Marshall county. Issued. This day came Reuben HUGHS into open Court and acknowledged that a power of atorney Executed to John F. MARTIN by him on the 3rd day of June 1839- whereby the said John F. MARTIN is empowered to receive and receipt for my portion out of the estate of my wife’s mother which is coming out of the estate of her husband’s mother late of Henry County Virginia in his act and due for the purposes therein contained. On motion it is ordered by the court that John COX overseer of the road have all hands north of Richland Creek as high as Levi GARRETS in the bounds commenceing at GARRETS from thence to David LAWRENCE to Mrs. CLAYTONS from thence to John YARBOROUGH to the Giles County line including all. Issued. On motion it is ordered by the Court that Thomas N. COOPER overseer of the road have all the hands in the following bounds (to wit) south of Richland to the (270) south of the ridge south of John DAVIS and east of Cherly SMITH including all except William HAYS and as high up as Creed RAGSDALE. Issued. On motion it is ordered by the Court that Lee SMITH overseer of the road have the hands in the following bounds to wit, William HAYS on the north of the ridge and all on the south of the said ridge including all on HOUSE’s Branch to the County Line. Issued. On motion it is ordered by the Court that William T. COOK overseer of the road have the hands in the following bounds to wit, including all those living on the waters of Bradshaw to the top of the ridge east of Chesley SMITH and west of Thomas PARK to the County line. Issued. On motion it is ordered by the Court that Bradley ACUFF have all the hands south of Richladn Creek living on the waters of Buckleys branch to the top of the ridge. Issued. On motion it is ordered by the Court that William SCOTT be appointed oversear of the Petersburg and Cornersville rpad commenceing at the County line near Petersburg and terminateing at the Nashville road near James WILSONS and that he have the following hands to wit, all on Isom HOUSE & William D. HOUSE plantation and all the hands on James TALLY’s plantation to keep said road in repair. Issued. On motion it is ordered by the Court that Jackson LUNA be appointed overseer of the Petersburg and Cornersville road commecneing at Wm. CARUTHER’s and terminateing at the Nashville road near James WILSONS and that he have the following hands Beginning at Wm. CARUTHERS thence to Samuel FINDLEYS to James LUNA’s thence by Jackson LUNA’s to the beginning including all hands inthese bounds. Issued. On motion it is ordered by the court that Boon WILSON be appointed overseer of the road in the room of Alfred BEARDEN Issued. On motion it is ordered by the court that Samuel HALL Jesse SANDERS and Washington HUNTER be appointed commissioners to divide hands between the following oversees, to wit, Boon WILSON, Martin BARNS & Henry HAISLIP and report thereon to the next term of this Court. Issued. (271) June term 1839. On motion it is ordered by the Court that J. M. BRINTLE be appointed overseer of the road in room and sted of Felix G. McGAUGH and that he have the former hands, Issued. On motion it is ordered by the Court that J. M. SHORT be appointed overseer of the road down Richland Creek commenceing at W. COOKS Mill & terminateing at John B. COWDENS and that he have the former hands who worked on said road. Issued. Whereupon Court adjourned utill ten oclock tomorrow morning. Asa HOLLAND J.P. James V. EWING J.P. Robert JOHNSTON J.P. Tuesday morning June 4th 1839. Court met according to adjournment present Asa HOLLAND Robert JOHNSON and James V. EWING the quorum for the year 1839 Gentlemen Justices of the peace proclamation &C. Norcisser A. BAGLEY & Robert W. BAGLEY minors who sue by their next friend Joab BAGLEY vs James GELPIN & wife. Petition for removing guardian. In this case petitioners filed their petitions suggesting mis management of said estate by defendants and praying to have said defendants removed it is therefore ordered by the Court that a copy of petitioners petition with a notice directed to the sheriff of Marshall County commanding him to summon said defendants to appear at the next term of this Court, and Shew cause if Any they have why they (272) shoudl not be removed according to the prayer of said petitioner. Issued. On motion by Thomas HARDISON it is orderd by the Court that S. W. BEATY & Cosby SCOTT be released from the payment of double tax for the year 1839. On motion it is ordered by the Court that Leonard BULLOCK Joshua BUTLER John RAGSDALE, Joseph H. BRITIAN, Samuel RADFORD John RYLEE, Aaron BOYD & T. D. HINSON be appointed a Jury of view to change a part of the Murfreesborough road that runs through John LAIRDS Land if in their Judgement the good of the individuals require it and that of the public not injured and report thereon to the next Kuly term of this Court. Issued. On motion it is ordered by the Court that John LAIRD be appoonted overseer of the Murfreesborough road commenceing at David WILSONS and terminateing at Aaron BOYDS. Issued And thereupon Court adjourned untill Court in Course to meet at the Court house in the town of Lewisburg. Asa HOLLAND J.P. James V. EWING J.P. Robert JOHNSTON J.P.