MARSHALL COUNTY, TN - COURT- Minutes MARCH 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–MARCH 1839 TERM Page (239) cont. March term 1839. The State of Tennessee. At a County Court begun and held for the County of Marshall at the Court house inthe town of Lewisburg the place appointed by law for holding Courts in said County the same being the first Monday & 4th day of March A.D. 1830 present, Asa HOLLAND James B. EWING and Robert JOHNSON Gentlemen Justices of the peace proclamation & C. On motion it is ordered by the Court that Charles HARDISON be appoinyed overseer of the Halls ford road commenceing at Thomas BARHAMS and terminateing at cedar spring and that he have the former hands. Issued. Thomas H. HOLLAND appeared in Court and presented a certificate of an Election certifying the said HOLLAND was duly and constitutionally elected constable for the 4th District in Marshall county and appears from the return of the sherriff of said County. And thereupon the said HOLLAND appeared in Court and Executed his bond in the words and figures following, to wit: State of Tennessee Marshall County. Know all men by these presents that we Thomas H. HOLLAND John ORR and Josiah BLACKWELL all of the said County are held and firmly bound unto Newton CANNON Govorner of the State of the State of Tennessee and 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 our heirs Executors Administrators Jointly and severly formly by these presents sealed with our seals and dated this 4th day of March 1839 The condition of the above obligation is such that whereas the above Thomas H. HOLLAND hath been elected a constable (240) in District No.4 in the County of Marshall and hath this day been duly qualified as such now therefore if the said Thomas H. HOLLAND shall well and truly Execute and true return make upon all and every process which may come into his hands as Constable as aforesaid and faithfully pay over and account for all moneys by him collected as such to whom soever may be legally authorized to receive the same & to do & perform all such duties as are required by law on him as Constable then this obligation to be void otherwise to remain in full force and virtue day and date above written. Test: M. W. OAKLEY clk. Thomas H. HOLLAND (seal) Josiah BLACKWEKK (seal) John ORR (seal) Which bond was by the Court received and that the said HOLLAND took the several oaths prescribed by law. On motion it is ordered by the Court that Moses DARNAL be appointed overseer of the road in the room of Jesse N. YOWELL and that he have the same hands that said YOWELL had to work on said road. Issued. On motion it is ordered by the Court that Edward OWNBY be appointed overseer of the road from farmington to the Bedford County line, and that he have the hands in the following bounds Viz. Beginning at tehe County line running north so as to include George GLASCOCK thence west so as to include the widow CALHOON, Elijah BOOKER, John HARKNEYS and John MOUNT thence south to the east fork of rock creek thence up said creek so as to include Thomas NOWLIN to the County line, thence to the beginning. Issued. On motion it is ordered by the Court that Frabces K. RAMBO be appointed overseer of the road from the X roads at Henry COLLINAS to the top of the Elk ridge near James REEDS Esqr in the room of Garsham BILLS andthat he have the former hands to keep said roads in repair. Issued. On motion it is ordered by the Court that John VINCENT be appointed overseer of the road leading from Mooresville to TESTMANS Mill on Duck river Commenceing at the County Line near the widow ANDREWS & terminateing at Williams STONES Mill and that he have the former hands and those that live in the former bounds. Issued. (241) March term 1839. On motion it is ordered by the Court that Lorenza D. TURNER be appointed overseer of the road commenceing at the Cornersville road at the end of Robert McCRORYS land and terminateing at Samuel BECKETS line near LANHORNS field and that he have all the hands in the following bounds, to wit, beginning at Robert McCRORYS thence to James SHANNONS thence to Allen TALLEYS James ALLENS & John LUNSFORDS, W. LINCOLN thence to William EMERSONS thence to John McGREGORS thence to William McGREGORS. Issued. On motion it is ordered by the Court that that Joseph CLOUD be appointed overseer of the McColoum’s Gap road commenceing at the north corner of Russell BRIANTS field and terminateingat the Cornersville road near Lewisburg and that he have the hands in the following bounds, to wit: Beginning at William STEPHENS thence to Thomas KANHORN, thence to Russell BRIANT’s thence to E. McKNIGHT’s thence to the beginning. Issued. William CARR one of the Executors of John F. CARR dedc appeared in open Court & returned an inventory of said estate which was ordered to be recorded. William CARR appeared in Court and presented an account of sales of the estate of John F. CARR deceased which was accepted by the Court and ordered to be recorded. John ELLIOTT one of the administrators of the estate Levi PHIFER appeared in open Court and presented an enventory of said estate which was ordered to be recorded. John ELLIOTT one of the administrators of the estate of Levi PHIFER deceased appeared in Court and presented an account of sales of said estate which was ordered to be recorded. John RAMSEY and James S. HAYES Executors of the last will and testament of Christopher HOUSTON decd appeared in Court and returned an account of the hire of the negroes belonging to said estate. Thos. H. R. JETT administrator of the estate of Thos. G. SEETON & presented an account of sales of said estate which ---- ordered to be recorded. (241) March Term 1839. March DOWDY administrator of the estate of Rebecca DOWDY appeared in Court and presented an inventory of said estate which was ordered to be recorded. J. M. YOWELL ad. of Darcus WOODWARD decd appeared in Court and presented an inventory & account of sales of said estate which was ordered to be recorded. Martin W. OAKLEY clerk of this Court presented to this Court an account of a settlement made by him with Sarah McKEE Guardian for the minor heirs of Samuel McKEE deceased for the year 1838. Which report being by the Court was in all things confirmed and ordered to be recorded. Martin W. OAKLEY clerk of this Court an account of a settlement made by him with Nancy MARTIN Guardian of the minor heirs of Thomas W. MARTIN deceased fir the year 1838 which was seen by the Court and by the Court understood was in all things conrfirmed and ordered to be recorded. Elizabeth MARTIN) VS ) Heirs of John F. CARR decd. The commissioners appointed at the August term A.D. 1838 of this Court to value the estate of John F. CARR Deceased according to the provisions of the last will and Testament said CARR made their report inthe words & figures, following to wit. “State of Tennessee) “Marshall County ) We the undersigned being appointed commissioners by the County Court of Marshall County conformable to the last will & testament if John F. CARR decd to value the residue of said Estate of said John F. CARR Decd and allot to Elizabeth MARTIN one childs part of the same. Report that we have valued the residue of said Estate to Eleven thousand two hundred and ninety three dollars Eight nine ½ cents, and that we have set apart for the said Elizabeth MARTIN a negro girl named Syntha Valued at Five hundred & twenty seven dollars fifty six and 1/4 cents and a negro girl named Rinder valued at Four (243) hundred and seventy seven dollars fifty six and 1/4 cents amounting to one thousand and five dollars 12 ½ cents which leves in the hands of the executors Twelve hundred and forty two dollars and sixty three and a ½ cent the balance of which after paying the debts and expences of said estate she will be entitled to one tenth part of all of which is Respectfully submitted this 14th of September 1838. John FIELD John WEBLE Williamson SMITH Thomas HARDISON Humphrey HARDISON Whichreport being seen and by the Court understood was in all things confirmed and made the order of this Court. The commissioners appointed at a former term of this Court to set apart one years provision for Mary SCOTT the widow of George R. SCOTT reports as follows, to wit: We the undersigned freeholders of Marshall County after being duly sworn have proceeded to set apart to Mary SCOTT consort of the late George R. SCOTT deceased so much of the crop and provisions on hand as will be sufficient in our opinion 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 artiles, to wit, all the corn on hand Except five barrels ten Bushels of old wheat six Bushels of new wheat Eight hundred pounds of Bacon one hundred pounds of salt the largest Kit of fat one half of the soap grease on hand the choice of cow and calf one small beef six shoats one black man one ax one hoe one pot and one skillet one oven one plow and plowing implements one coffee pot one set of cups and saucers one set of plates one set of knives and forks two dishes all of which is in- one bed and ferniture two bed steads Twenty five pounds of Coffee sixty pounds of sugar one pound of pepper and the spice on hands one pound of ginger thirty-five pounds of picked Cotton if that much on hand one cotton wheal one pare of cards four chairs all the fowls now in possession one choice stack of fodder the oats in the north part of house one side uper & soal leather (244) fifteen pounds of tallow in witness we have on the other side set our hands and seals the 22nd day of February 1839. Adam MILLER (seal) James WILLIAMS (seal) J. B. SHUFFIELD (seal) Which report being seen and by the Court understood was in all things confirmed and made the order of this Court. Martin W. OAKLEY clerk of this Court Exhibited to this Court an account of al final settlement made by him with John W. RECORD one of the administrators of the estate of Joab DUNCAN deceased 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 to this Court an account of a final settlement made by him with James L. EWING administrator of the estate of Ezekiel DANIEL DANIEL deceased which report being seen 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 final settlement made by him with John ELLERSON administrator with the wi4l annexed of the estate of Alexander B. REED deceased 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 accountof a final settlement made by him with Moses WILLSON & Susannah WILSON Executor & Executrix of the last will and testement of John H. WILSON deceased which report being seen and by the Court understood was in all things confirmed and ordered to be recorded. The last will and testament of Allen LEEPER deceased was this day presented in open Court for probate by James EWING W. D. McCLEARY Lile A. EWING & D. C. MITCHELL the executors therein named and the due Execution of said will being proven why the oath of John A. HALL Ezekiel E. VERNOR subscribing witnesses thereto Also a codicil to said will was proven by the oath of John A. HALL and George A. HALL subscribing witnesses thereto and it is requested by said (245) testator that said that the said Executors be released from Executing a bond It is therefore ordered by the Court that said Executor he qualified with out giving bond which was done accordingly. And thereupon Court adjourned untill nine oclock tomorrow morning. Asa HOLLAND JP James V. EWING JP Robert JOHNSTON JP Tuesday morning March 5th 1839. Court met according to adjournment present Asa HOLLAND James V. EWING and Robert JOHNSTON, Gentlemen Justices of the peace, proclamation &C. John ELLIOTT appeared in Court and took necessary oath as deputy clerk of the County Court of said Marshall County. The commissioners appointed at a former term of this Court to set apart one years provision for James PHIFER widow of Levi PHIFER decd reports as follows to wit: State of Tennessee Marshall County We Martin W. OAKLEY Isaac H. WILLIAM and David MaGAHEY commissioners appointed by the worshipful the County Court of said County to set apart one years provision for Jane PHIFER and family being the widow and family of Levi PHIFER decd. who being first duly sworn upon the holy Evangelist of Almity set apart for her provisions that that is to say Fifteen Barrels of corn for Bread Twenty Bushels wheat seven hundred pounds of Pork twenty five pounds Lard in addition to the lard that will arise from the above quantity of Pork one hundred and fifty pounds of salt Forty five lbs. coffee Fifty pounds sugar 1 lb Black pepper 1 lb spice 1/4 pou pound ginger 1/4 lb tea which in our opinion is sufficient for said widow & familys provision for one year from the death of her husband. Given under our hands this 22nd day of December 1838. David McGAHEY Isaac H. WILLIAMS M. W. OAKLEY (246) March term 1839. On motion it is ordered by the Court that R. M. WALTER be released from paying double tax in Dis.No.1 for the year 1839. On motion it is ordered by the Court that the citizens residing in Districts No. 12 & 13 & 4 & 3 that have been returned for double tax be released therefore for the year 1839. On motion it is ordered by the Court that Moses WILSON and Susannah WILSON Executor & Executrix of the last Will and testament of John H. WILSON pay Martin W. OAKLEY clerk of this Court five dollars in addition to the fees heretofore paid him for services rendered by him as clerk in consequence of said estate. Issued. On petition of Asa HOLLAND and Solomon MEADOWS to be rendered from a Bond which they assigned as security for Cad. T. CLAIBORN guardian of John W. HILL. It its therefore ordered by the Court that the Sherriff of Marshall County summon the said CLAIBORN to appear ar the next term of this Court and give other or counter security or deliver said estate to said petitioners or to such person as the Court shall direct. On motion it is ordered by the court that the Commissioners of the town of Lewisburg put a lock or cause the same to be done to the Court room or the passage and deliver the key only in County purposes and the clerk of this Court deliver the said Sherriff a copy of this order and thereupon adjourned untill Court in cause. Asa HOLLAND J.P. Robert JOHNSTON J.P. James V. EWING J.P.