MARSHALL COUNTY, TN - COURT- Minutes MAY 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–MAY 1838 SESSION Page (137) The State of Tennessee S S At a County Court begun and held at the house of Abner HOUSTONS for the County of Marshall the same being the seventh day of May A D 1838 Present Asa HOLLAND Thomas WILSON and James V. EWING Gentlemen Justices of the peace who was regularly Elected a coroner at the last term of this Court, proclimation &C. Calvin H. HOLT & Counter security as administrator of the estate of John H. MOORE Deceased and Executed his bond in the sum of Twenty thousand dollars with Isaac HOLT and Thomas WILSON which was accepted by the Court. John R. HILL appeared in open Court and Executed his bond for the collecting & paying over the county taxes for said County which bond is in the words and figures following to wit, State of Tennessee, Marshall county, Know all men by these presents that we John R. HILL James C. RECORD and Humphrey HARDISON all of the state and county aforesaid are held and firmly bound unto John HATCHETT Chairman of the County Court of said Marshall county for the time being and his successors in office for the use of the County aforesaid in the sum of Eight thousand dollars to the payment of which will well and truly to be made we bind ourselves our heirs and executors and administrators Jointly & severly firmly by these presents sealed with our seals and dated this 7th day of May 1838. The condition of the aboveobligation is such that whereas the above bound John R. HILL has been duly and constitutionally Elected Sherriff and Collector of the public taxes of said County of Marshall for two years from the first Saturdat in March 1838. Now if the said John R. HILL shall Collect all County Taxes within said County which by law he ought to collect and well and truly account for al pay over all taxes by him collected on the first day of December 1838 and 1839 respectfully then this obligation to be void, otherwise to remain in full force and virtue. Test: M. W. OAKLEY Clk. John R. HILL (seal) Humphrey HARDISON (seal) (138) Samuel DAVIS Elected constable appeared in open Court and Executed his bond which bond is in the words and figures following (to wit) State of Tennessee, Marshall County. Know all men by these present that we Samuel DAVIS, A. E. McCLURE, B. WILLIAMS, H. B. BIGHAM all the County of Marshall 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 sum well and truly to be made we bind ourselves Jointly and severly firmly by these presents sealed with our seals and dated this 7th day of May 1838. The condition of the above obligation is such that whereas the above bound Samuel DAVIS hath been Elected Constable in the 15th district in the County of Marshall and hath this day been duly qualified as such therefore if the said Samuel DAVIS shall well and truly execute and a true return make upon all and every process which may come into as constable as aforesaid and faithfully pay over and account for all moneys by him Collected by him as such to whomsoever may be legally authorized to receive the same to do and perform all such duties as are required by law on him as Constable then this obligation to be void otherwise to remain infull force and virtue day and date above written. Test: M. W. OAKLEY Clk. by Samuel DAVIS (seal) Wm. WILLIAMS D. C. A. E. McCLURE (seal) B. WILLIAMS (seal) H. B. BIGHAM (seal) And took the several oaths prescribed by law. James HOUSTON appeared in open Court and Executed his bond in the sum of Twenty five hundred dollars with J. W. CALVERT and Berry MOORE securities thereto. And thereupon was appointed administrator De bonis non of the estate of Christopher HOUSTON deceased and it is therefore ordered by the Court that Letters of administration Issue to the said James HOUSTON aforesaid, be taken the oath prescribed by law. Ordered by the Court that Sample ORR be appointed overseer of the McCollom Gap road in room of William COLEMAN, that he work on said road the distance said COLEMAN has heretofore doneand call upon the same hands that worked under said COLEMAN to keep the same in repair. Issued. (139) On motion it is ordered by the Court that Robert McCRORY Willis HOPWOOD and B. WILLIAMS be appointed Commissioners to assign hands to work under Thomas D CHEEK and David NOWLIN overseer of public roads and report thereon to the next term of this Court. Issued. The Jury appointed a former term of this Court to Change a part of the Cornersville & Fayrtville road running through B. B. MERRETS farm reports as follows (to wit) We the undersigned appointed by the County Court of Marshall County, a Jury of view on B. B. MERRETS. Petition to Change the Cornersville & Fayeteville road beg leave to state to your honorable body, we have viewed the premices and concluded that the Petitioner be allowed to Change said road as it is at present marked out, this 12th day of April 1838 James WILSON, Enoch RUST Harris MAULDIN, Orson GRAY James SANDERS Sr. The above report being seen and by the Court understood was in all things Confirmed and made the order of this Court. On motion it is ordered by the Court that Jason B. SHUFFIELD Allen N. McCORD, William N.HUGHES, Henry B. TERRY, William R. HUGHES, Bradley K. GAMBLE and John P LITTLE be appointed a jury if view to mark out a road commenceing at Gideonsville and runing the old road leading from Columbia to Ivy PHILLIPS to the school house on lick Creek and from thence through a Lane between Presley JONES and William COLLIER Judgement they think the public good require it and that of Individuals not injured and report thereon to the next July term of this Court Issued. On motion it is ordered by the Court that Wesley GILES and John A. SNELL be appointed commissioners to assign hands to William TALLY & Garsham BILLS to work on the roads on which they are overseers. Issued. (140) On motion it is ordered by the Court that John R. JONES James HOPPER, Maberry PARNEL, John TANKESTLEY, Charles GRIFFIN an Elias JONES be appointed a Jury of view to lay off and mark out a road commenceing at James WILLIAM Mills and running the nearest and best way to intersect the Lewisburg road takeing into consideration the good of the public & that of individuals and report thereon to the next July term of this Court. Issued. On motion it is ordered by the court that M. D. DREVEL be appointed overseer of the road from Fayetville to Columbia commenceing at the Lincoln County line and terminateing at William CARUTHERS and that he have the former hands. Issued. On motion it is ordered by the Court that William CRUNK William D. MOORE James B. TALLEY Henry TALLEY, S. C. CHITWOOD & Egbert CAMPBELL be appointed a Jury of view to lay off & mark a road the nearest and best rout from the east end of WilliamCARUTHERS lane to Peyersburg takeing into consideration the good of the public & that of individuals & report thereon to the next July term of this Court. Issued. James S. HAYNS and John RAMSEY Executors of the last will and testament of Christopher HOUSTON deed Exhibited their account for the hire of the negroes belonging to said Estate which was received and ordered to be recorded. James S. HAYNES & John RAMSEY Executors of the last will and testament of Christopher HOUSTON decd appeared in open Court and exhibited the account of sales of personal property of said estate which was accepted by the Court and ordered to be recorded. James PATTERSON one of the Executors of the last will & testament of Noah HEDLEY decd appeared in open Court and Exhibited an Inventory of the personal property of said estate which was accepted by the Court and ordered to be recorded. James PATTERSON one of the executors of the last will and testament of Noah HEDLEY dec. appeared in open Court and Exhibited an account of sales and said estate which was accepted by the Court and ordered to be recorded. (141) The clerk of this Court presented to the Court an account of a settlement made by him with William WILKS Guardian of Malinda G. BILLS & Blackstone H. BILLS minors &C of Jonathan D. BILLS Decd for the year 1837 which report being seen and by the Court fully understood was in all things confirmed, and on motion was ordered to be recorded. Martin W. OAKLEY clerk of this Court presented an account of a settlement made by him with John WILKS Guardian of Malinda L. BILLS & Blackstone H. BILLS minors &C of Jonathan D. BILLS Decd & for the 1837 which report being seen and by the Court fully understood was in all things confirmed and on motion was ordered to be recorded. Martin W. OAKLEY clerk of this Court exhibited an account of a settlement made by him with Elizabeth CANNON Guaridan of Micheal CANNON for the years 1836 & 1837 which reports being seen by the Court fully understoof was in all things confirmed and was on motion ordered to be recorded. Martin W. OAKLEY clerk of this Court exhibited an account of a settlement made by him with Elizabeth CANNON Guardian of David R. CANNON for the years 1836 & 1837 which reports being seen and by the Court fully 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 Elizabeth CANNON guardian of Robert CANNON for the years 1838 and 1837 which report being seen and by the Court fully understood was in all things confirmed and ordered to be recorded. Martin W. OAKLEY clerk of this Court presented to the Court an account of a settlement made by him with Elizabeht CANNON Guardian of Susan CANNON for the years 1836 and 1837 which report being seen and by the court fully understood was in all things confirmed and ordered to be recorded. (142) Martin W. OAKLEY clerk of this Court exhibited in open Court an account of a setlement made by him with Elizabeth CANNON Guardian of Catherine CANNON for the years 1836 and 1837 which reports being seen and by the Court fully 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 Elizabeth CANNON guardian of Henry CANNON for the years 1836 and 1837 which reports being seen and by the Court fully 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 Edward, Eli C. Matilda, Susannah, Jeremiah, and Elizabeth OWENBY Minor heirs of Cheeck deceased for the year 1837 which report being seen and by the Court fully 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 in part made by him with James HOUSTON and Cary T. KELLY administrators on the estate of Christopher HOUSTON Decd shewing an account of payments made by them for the benefit of said intestates estate to the amount of one hundred and forty three dollars and eleven cents as appears from vouchers 1 to 10 inclusive- which report being seen & fully understood by the Court was in all things confirmed and ordered to stand as a voucher for them for the amount whereof on a final settlement of their intestate’s estate. James M. RIGGS administrator of the estate of William M. HANCOCK decd appeared in open Court and presented an inventory of said estate which was accepted by the Court and ordered to be recorded. Calvin H. HOLT administrator on the estate of John H. MOOR appeared in open Court and presented an inventory an account of sales an account of sales of said estate which was accepted by the Court and ordered to be recorded. Jason B. SHUFFIELD administrator on the estate of Lucretia SHUFFIELD decd appeared in Court & presented an account of sales of said estate which was ordered to berecorded. (143) Charles A. WILLIAMS administrator on the estate of Roger S. WILLIAMS decd. appeared in court and presented an inventory and account of sales of said estate which was accepted by the court and ordered to be recorded. Leonard BULLOCK appeared in open court and it appearing to the satisfaction of this court that Sherwood DUNNEGAN Executor of the last will and testament of Matthew WALLACE ded. hath departed this life not having settled said estate, and thereupon on motion the said BULLOCK was appointed administrator of the estate of the said Matthew WALLACE deceased with the will anexed he having entered into bond and security accepted by the court and took the oath prescribed by law. The last will and testament of John F. CARR deceased was this day presented in open court by William CARR and Charles HARDISON Executors thereto, and on motion the Execution of said will was duly proven by the oath of Matthew MOORE and Hunphrey HARDISON subscribing witnesses thereto, and upon motion it is ordered that Letters testamentary Issue to the said William CARR and Charles HARDISON Who accordingly Executed their bond in the sum of Twenty six thousand dollars, with Humphrey HARDISON and Matthew MOORE securities thereto and took the oath prescribed by law. Jason B. SHUFFIELD appeared in open court and thereupon was appointed Guardian for Rebecca CARUTHERS minor heir of Robert CARUTHERS decd who Executed his bond in the sum of three hundred dollars with Ralph STEGALL and Leonard BULLOCK his securities which was accepted by the court. Silas McCLELLAND appeared in open court and thereupon was appointed Guardian for Pinkney, Fanklock, Albert, William and George COOPER minor orphans of James COOPER deceased who Executed his bond in the sum of Five hundred dollars with James OSBURN and Cary T. KELLY his securities which was accepted by the court. Issued. (144) The commissioners appointed at the last April term of this court to settle with John W. RECORD Trustee for Marshall County reports as follows, to wit, Agreeably to an order from the worshipful county court of Marshall County April term 1838 we have this 7th day of April 1838 proceeded to settle with John W. RECORD County Trustee for said County find as follows To cash Rd. from John R. HILL Sherriff for sd. County for the year 1837 $1176.21 David McGAHEY Clerk of the circuit Court for fines to Sept. 1837 - 99.00 of M. W. OAKLEY clerk of Marshall County Court to Sept 37 2.43 1/4 Recd. on account Strays agreeably to the rangers Report 1837 56.12 ˝ Cr. By John W. RECORDS coms. on $1331.77 at 5 per centum by Receipts exhibited by the Trustee $ 66.58 3/4 John W. RECORD which he paid out $1066.67 ˝ ___________ 1123.26 Balance due from Trustee 208.51 We John HATCHETT and Peter WILLIAMS County commissioners certify that the above is a true copy of a settlement made by us John W. RECORD County Trustee of Marshall County & State of Tennessee this 7th day of April 1838. John HATCHETT Peter WILLIAM. 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 a former term of this court to lay off one years provision for Harriett E. HANCOCK widow of William M. HANCOCK widow of William M. HANCOCK decd. after being legally sworn have set apart the following amount of provisions, to wit, Three hundred lbs. flower Twenty pounds of Coffee and fourty pounds shugar fifty pounds salt three hundred pounds pork ten barrels corn, one bed bedstead & furniture there being no shugar Coffee salt flower or corn on hand we give her in lieu thereof Forty five dollars in cash to purchase said Articles to be paid her but of any money in the hands of the administrator not otherwise appropriated all of which is respectfully submitted. (145) This day 8 of March 1838 T. C. H. MILLER Jas. N. FORREST J. SHUFFIELD. Commissioners. The foregoing report being seen and by the court understood was in all things confirmed and made the order of this court. James S. HAYNES & John RAMSEY Executors of the last will and testament of Christopher HOUSTON deceased appeared in open Court and took Exceptions to the Court in the appointment of James HOUSTON as administrator De bona Non of Christopher HOUSTON decd. And thereupon Court adjourned untill eight o’clock tomorrow morning to meet at the office of M. W. OAKLEY Asa HOLLAND J.P. Thomas WILSON J.P. James V. EWING J.P. Tuesday Morning May 8th 1838 Court met according to adjournment present Asa HOLLAND James V. EWING and Berry MOORE Gentlemen Justice s of the peace Proclimation &c. On motion it is ordered by the court that William CRUNK, Joseph MORRIS, Mathias NICHOLS George WOODWARD and James C. TALLEY be appointed a Jury of View to change the Fayettsville & Petersburg road commenceing at the forks of the road at the south end of Chetwood land and to intersect the Petersburg road at the near the east corner of BRIANTS Plantation if in their Judgement they think the good of Individuals require it and that of the public not injured - Issued. (146) Josiah BROOKS Elected constable appeared in open 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 Josiah BROOKS A. P. BRENTS and A. M. LOYD 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 sum well and truly to be made we bind ourselves Jointly & severly firmly by these presents sealed with our seals and dated this 8th day of May 1838. The condition of the above obligation is such that whereas the above bound Josiah BROOKS hath been Elected Constable in the 4th district in the County of Marshall and hath this day been duly qualified as such. Therefore if the said Josiah BROOKS shall well and truly Execute and a true return make upon all and every process which may come into his hands as constable as afforesaid and faithfully pay over & account for all moneys 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 on him as constable then this obligation to be void otherwise to remain in full force and virtue this day and date above written Test: M. W. OAKLEY clk. Josiah BROOKS (seal) A. P. BRENTS (seal) A. M. LOYD (seal) and took the several oaths prescribed by law, And the court having no other business to transact thereupon court adjourned untill Court in course to meet at the house of Abner HOUSTON, Asa HOLLAND J.P. Thomas WILSON J.P. James V. EWING J.P.