MARSHALL COUNTY, TN - COURT- Minutes MAY 1840 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 1840 Page (378) The State of Tennessee, Marshall County. At a County Court begun and held at the Court house in the town of Lewisburg the place appointed by law for holding the several Courts in said County on the first Monday in May the same being the 4th day of the month A.D. 1840. Present John FIELD, Burgess HARDEN and Ephram HUNTER, the quorum for the present year- Gentlemen Justices of the peace,proceedings were had. Elisha W. HENDRIX appeared in open Court and resigned his appointment as guardian of Sarah Rebecca WHITWORTH. It is therefore ordered by the Court that the said HENDRIX be and he is hereby released, from any further liabilities in consequence of said Guardianship. James F.WARREN administrator of the estate of William WARREN decd appeared in Court and presented an Inventory and also an account of sales of said estate which was ordered to be recorded. Martin W. OAKLEY clerk of this Court presented to the Court an account of a settlement made by him with Issac W. WALKER guardian of Violet Matilda DRYDEN for the year ending the 6th day of April 1840 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 Issaac W. WALKER Guardian of Margaret E. DRYDEN for the year ending the 6th day of April 1840 which report being seen and by the Court understood was in all things confirmed and ordered to be recorded. (379) Martin W. OAKLEY clerk of this Court presented an a ccount of a settlement made by him with Edward OWENBY guardian for Syntha, E. E. Matilda, Susannah, Jeremiah and Elizabeth OWENBY for the year ending the first day of May 1840 which report being seen and by the Court understood was in all things confirmed and ordered to be recorded. Martin W, OAKLEY clk of this Court presented to this Court and account of a settlement made by him with Thomas H. HARDEN guardian of Malinda and Henry BIRMINGHAM for the year ending the 23rd day of April 1840, which report being seen and by the Court understood was in all things confirmed and ordered to be recorded. Ephraim HUNTER Administrator of the estate of John HURT decd appeared in Court and presented an account of sales of said estate which was ordered to be recorded. On motion it is ordered by the Court that Larkin DEAREN be appointed overseer of the old Fayetteville road commenceing at Samuel McCONNELS old gate and terminateing at Hiram WILSON’s and that he have the following hands, Squire LARNE James WELCH, William CAMPBELL, James McCONNEL, Obadiah WEBSTER, Larkin DEAREN, William DEAREN, Brantley, EMMERSON, Willis EMMERSON, Williams EMMERSOPN, John WILSON, and William WILSON, Issued. On motion it is ordered by the Court that E. C. OWENBY be appointed overseer of the road from Farmington to the Bedford County line at or near John P. ONEALS In the direction of SMITHS Mill on Duck river and that he have the hands in the following bounds, to wit, Beginning on the Bedford County line where it strikes the south boundary of Jeremiah HAYS farm thence west including James HOPPER then Including Debary WILKINSON, Thos. BOAZ, Alfred LUNN and E. C. OWENBY then including C. C. CALHOUN, P. M. GLASCOCK, and all the hands on the farm of Isom ONEAL to the Bedford County line, then north with said line to the beginning. Issued. (380) May term 1840. It having been represented to the satisfaction of the Court that William WALKER who was a resident of this County has died leaving no last will and testament and Andrew LAIRD appeared in Court and made application for letters of administration for all and singular the goods and chattles rites and credits of him the said WALKER decd and the Court being satisfied of his right to obtain them and he having Executed his bond in the sum of Fifteen hundred dollars with Leonard BULLOCK and Joshua BUTLER his s ecurity, the same is Granted It is therefore ordered by the Court that Letters Issue accordingly he t aken the oath prescribed by law. On motion it is ordered by the Court that Andrew COAL Andrew DERRYBERRY and Elijah MARTIN and John L. GALASPI be appointed commissioners to lay off and set apart one years provision for Olliva WAKER widow of William WALKER decd and report to the next term of this Court. Issued. John P. BRUN & others commissioners appointed at a former term of this Court to set apart to Jane WARREN widow of William WARREN dec one years provision from the death of her husband reports as follows to wit, We the undersigned freeholders of Marshall County after being duly sworn have proceeded to set apart to Jane WARREN widow of William WARREN decd so much of the crop and provisions 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 purpose the following articles, to wit, all the corn in the north cribb supposed to be about 30 barrel, 600 bundles of oats 2 sows and 5 pigs 600 lbs of bacon, 50 lbs of laird all the flax on hand 25 lbs of picked cotton all the soap grease on hand and like wise all the soap 100 lbs of salt 2 lbs of peper 1 lb of spices 35 pounds of Coffee 35 pounds of sugar 25 bushels of wheat one small beef, one cow and calf 1st choice of all the potatoes on hand, all the fowls on hand, 5 first choice of sheep one flax wheel and one cotton Do and pare of cotton cards, Two pair of shoes, 4 first choice chairs, one bed, bed stead, and furniture first choice one table 1st choice all the shelf ware on hand, knives & forks, one stew pot and one tea kettle, one Coffee pot, one pare of pot hooks, one coffee mill one trunk 2 crocks one water (381) pail and one tub and one meal tub, one flower box, one churn one reel, one weeding hoe, one choping ax, all the tallow on hand, one cupborad, [?] books, one pear of fine dogs one fire shovel and tongs also vessell the soap and soap grease is in, also the vessell her laird is in, what vinegar there is on hand and the barrel it is is, one candle stick & snuffer one sifter one tray one wash pan, one flat Iron February 20th 1840. Joseph H. BRITTIAN (seal) J. B. SHUFFIELD (seal) J. P. BRUN (seal) which 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 Ezekiel McKNIGHT be appointed overseer of the Lewisburg road commenceing at the mouth of the land near William STEPHEN’s and terminateing at the north west corner of Russell BRYANTS field and that he have the following hands, to wit, William STEPHEN and Russell BRYANT. Issued. Joseph McCORD Coroner of Marshall County appeared in Court and presented a certificate of an Election in the words and figures following to wit, State of Tennessee Marshall County, I do certify that at an Election held at the different precincts in Marshall County on the first Saturday in March 1840. The following named persons were dult Elected Constables for said County, to wit, William D. POWELL for District No.1- Wm. McRORY for District No.2- Ambros R. LAREWOOD for District No.3- Thomas H. HOLLAND for Distrcit No. 4- John CUMMINGS for District No.5- Bennet PYLAND for District No.6- Wilie J. MORRIS for District No.7- William B. HOLDER for District No.8- Leonard BULLOCK for District Mo.9- Lewis W. HOGG for District Mo.10- Jackson LIGGETT for District No.11- Moses W. HELM for District No.12- Jeremiah HOLT for District No.13- James C. EMMERSON for District No.14- Harry B. WELCH for District No.15 also Samuel DAVIS. Given under my hand this 7th day of March 1840. Joseph McCORD Coroner. (382) William D. POWELL Elected constable as aforesaid appeared in open Court and Executed his bond in the sum of Four thousand dollars with Thomas WILSON and J. B. COWDEN his securities which was accepted by the court, and took the oaths prescribed by law. William McCRORY Elected Constable as aforesaid appeared in open Court and Executed his bond in the sum of Four thousand dollars with Humphrey COWDEN and Jones COLLINS his securities which was accepted by the Court and took the oaths prescribed by law. A. R. LAREWOOD Elected Constable as aforesaid appeared in Court and Executed his bond in the sum of Fourthousand dollars with Robert M. WALTER and William McRORY his securities which was accepted by the Court and took the oaths prescribed by law. Thomas H. HOLLAND Elected constable aforesaid appeared in Court and Executed his bond in the sum of Four thousand dollars with Joab BAGLEY Solomon MEADOWS and John W. CAMPBELL his securities which was accepted by the Court and took the oath prescribed by law. John CUMMINGS Elected constable as aforesaid appeared in Court and Executed his bond in the sum of Four thousand dollars with George CUMMINGS and E. A. CUMMINGS his securities which was accepted by the Court and took the oaths prescribed by law. Bennet PYLAND Elected Constable as aforesaid appeared in Court and Executed his bond in the sum of Fourthousand dollars with John RAMSEY Benjamin C. BRANTLEY and Ephraim HUNTER his securities which was accepted by the Court and took the oaths prescribed by law. Wilie T. MORRIS Elected Constable as aforesaid appeared in Court and took the oaths prescribed. Wilie J. MORRIS Elected Constable aforesaid appeared in Court and Executed his bond in the sum of Four thousand dollars with Ephraim HUNTER, Richard WARNER, Allen MORRIS, John R. JONES & Charles HOPPER his securities which was accepted by the Court & took the oaths prescribed by law. W. B. HOLDEN Elected constable as aforesaid appeared in Court and Executed his bond in the sum of Four thousand dollars with J. F. WARREN and Samuel WINSTEAD his securities which was accepted by the Court and took the oaths prescribed by law. (383) May Term 1840. Leonard BULLOCK Elected constable as aforesaid appeared in open Court and Executed his bond in the sum of Fourt thousand dollars with Joseph H. BRITTAIN, A. LAIRD his securities which was accepted by the Court and took the oaths prescribed by law. Lewis W. HOGG Elected constable as aforesaid appeared in open Court and Executed his bond in the sum of Four thousand dollars with Joshua BUTLER, E. H. HOGG and Pervenes FOX his securities which was accepted by the Court, and took the oaths prescribed by law. J. LIGGETT Elected Constable as aforesaid appeared in open Court and Executed his bond in the sum of Four thousand dollars with Joseph W. WINSTON, John R. B. JONES, Samuel EWING and Sampson LIGGETT his securities which was accepted by the Court and took the oaths prescribed by law. Moses W. HELMS Elected constable as aforesaid appeared in Court and Executed his bond in the sum of Four thousand dollars with S. W. BEATY and James PATTERSON his securities which was accepted by the Court and took the oaths prescribed by law. Jeremiah HOLT Elected constable as aforesaid appeared in open Court and executed his bond in the sum of Four thousand dollars with John R. B. JONES and Milton B. HOLT his securities which was accepted by the Court, and took the oaths prescribed by law. J. C. EMMERSON Elected constable as aforesaid appeared in Court in Court and Executed his bond in the sum of Four thousand dollars with William EMMERSON and Josiah DUNCAN his security which was accepted by the Court and took the oaths prescribed by law. Harvey B. WELCH Elected constable as aforesaid appeared in open Court and Executed his bond in the sum of Four thousand dollars with Burgess HARDEN and Francis K. RAMBO securities which was accepted by the Court, and took the oaths prescribed by law. Samuel DAVIS Elected constable as aforesaid appeared in open Court and Executed his bond in the sum of Four thousand dollars with James OSBURN, James C. RECORD & George W. HAYWOOD his securities which was accepted by the Court and took the oaths prescribed by law. And thereupon Court adjourned untill (384) Ten oclock tomorrow morning. Burgess HARDIN J.P. John HATCHETT J.P. Ephraim HUNTER J.P. Tuesday morning May 5th 1840. Court met according to to adjournment present Burgess HARDEN Ephriam HUNTER and John HATCHETT Gentlemen Justices of the peace proclamation &C. The following proceedings were had. James C. POWELL appeared in Open Court and presented a commission signed by the Govorner of the State of Tennessee commissioning him as a Justice of the peace for Marshall County and there upon took the oaths prescribed by law. Gabriel LONG appeared in open Court and presented a commission signed by the governor of the State of Tennessee commissioning him as a Justice of the peace for Marshall County. And thereupon took the oaths prescribed by law. And there being no further Business before the Court, Court adjourned untill court in Course. Jno. HATCHETT J.P. Burgess HARDIN J.P. Ephraim HUNTER J.P. James C. POWELL J.P. Gabriel LONG J. P.