MARSHALL COUNTY, TN - COURT- Minutes OCTOBER 1837 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 TENNESSE COURT MINUTES--OCTOBER 1837 SESSION Page (60) cont. The State of Tennessee. At a County Court began and held for the County of Marshall at the house of Abner HOUSTON, the place appointed by law for holding Courts in said County on the first Monday in October, the same being the second day of the month in the year of our Lord one thousand eight hundred and thirty seven. Present, William McCLURE Chairman, James ADAMS, John HATCHETT, Peter WILLIAMS, James HARDISON, Thomas HARDISON, Thomas ROSS, Asa HOLLAND, Thomas CUMMINGS, George CUMMINGS, James REED Ephraim HUNTER, David YANCEY, Robert JOHNSTON, William COWDEN J. B. SHUFFIELD, George W. McBRIDE Gentlemen Justices of the Peace. Proclamation ebing made the Court was opened. Jason B. SHUFFIELD administrator of the Goods and Challals Rights and credits of Lucretia SHUFFIELD decd. exhibited in open Court an inventory of the goods & chattels rights & credits of said Decd and also an account of sales of the property of said Decd which being severally sworn to, was on motion ordered to be recorded. Ordered by the Court that Silas McCLELLAND William ROSSON and George W. McBRIDE be appointed commissioners to lay off and set apart one years allowance as provision for Patsy STILWELL widow of John M. STILWELL Decd. It having been represented to this Court that Davis WILLIS late of the County hath departed this life leaving no last will and testament and Patsy WILLIS and Thomas ROSS havign applied for letters of administration on said Deceased's estate and the Court being satisfied of their right to obtain them, and having also entered into bond in the sum of Twelve thousand dollars with Henry COLLINS John WEAVER & John B. FOWLER securities, the same was accordingly granted thay having qualified as the law directs. Ordered by the Court that James PATTERSON be appomted Guardian of Polly, Edward and Ellander CALLAHAN (61) Deceased, who gave bond with George W. RECORD and James V. EWING in the sum of Five hundred Dollars. Ordered by the court that Ezekiel McKNIGHT, John B. FOWLER and Thomas H. HARDIN be appointed commissioners to set apart and assign one years provision to Patsey WILLIS, widow of Davis WILLIS Decd. Issued. David McGAHEY appeared in open Court and took the oath prescribed by law to ne taken by all officers against dwellingalso an oath [against: marked through] to support the Constitution of the State of Tennessee and the constitution of the United States and also an oath to discharge faithfully the duties as an assistant or Deputy Clerk in all the duties in which he may be called upon in that capacity during his continuance in said office. James ADAMS Sr. James P. DYSART, Robert C. DYSART and John MILLER was this day appointed by the Court Commissioners in Township No. --- in Marshall County who gave bond in the sum of one thousand dollars with Thomas CUMMINGS Security. Ordered by the Court that John B. FOWLER, Thomas ROSS, Burgess HARDEN and Ezekiel McKNIGHT be appointed Commissioners to make a division of the hands subjectto work on roads among the following roads- viz- On REEDS Gap road to REEDS gap On McCOLLUMS road to the Corner of Clark HOPWOODS field- On Cornersville road to the County line. On the old Shelbyville road from Henry COLLINS to John B. FOWLERS & from Henry SIDES And further it is ordered that Robert DAVIS be appointed overseer on said last mentioned road from Henry COLLINS to John B. FOWLERS- Issued. Ordered by the Court that the order made at the August term of this Court ordering a jury to review & made out a road from MUNDOCKS near Francis FINDLEYS to intersect the Lewisburg & Fayetville road near Alexander BIGGERS be rievived. Issued. Ordered by the Court that Edward BRADLEY be appointed overseer on the old Shelbyville road from Henry COLLINS to Henry SIDES. Issued. Ordered by the Court that Joseph McCORD be required to pruchase a sledge hammer for himself and Elias STILWELL as overseers of publick roads, and apply to this Court for an appropriation to pay for the same. (62) Dicey SANDERS a minor of Eleven years of age was by the Court bound unto James BIGGER until she arrives to the age of Eighteen years. Ordered by the Court that William WILLIAMS Jr. be appointed guardian of Henry G. BINGAMAN, Robert BINGAMAN, Isaac A. BINGAMAN and Newton H. BINGAMAN, minor heirs of Henry BINGAMAN Deceased, who have the bond in the sum of one thousand dollars, with William WILLIAMS Senr. and Benjamin BINGAMAN Securities. Ordered by the Court that William O. RUTLEDGE be appointed guardian of Nancy A. RUTLEDGE and Obadiah R RUTLEDGE minor heirs of Thomas RUTLEDGE decd who gave bond in the sum of Twenty five hundred dollars with James P. RUTLEDGE and Thomas H. RUTLEDGE Securities. Ordered by the Court that the order made at the last term of this Court ordering a Jury to turn the road or assess damages on David CRISWELLS Land, be revived and that the following named persons be the jury for that purpose under this order viz- James LIGGETT, James EWING, John REED, Isaac W. WALKER & Wm. D. McCLERY. Issued. Ordered by the Court that the order made at the August term of this Court appointing James OSBURN, Thomas ROSS and David McGAHEY commissioners to procure a suitable site whereon to locate a poor House in Marshall County, be revived and that they report to the November term of this Court. Ordered by the Court that I. I. B. CRUNK be appointed overseer of the publick road from the North end of Williams D. HOUZES Lane to where it intersects the Nashville road near S. C. CHETWOODS. And it further ordered that Isham R. HOUZE be overseer of the road from the County line to the Nashville road at the North end of the lane at James WILSONS. And that Asa HOLLAND, Orson GRAY, Joseph MORRIS, Willian CRUNK and Matthias NICHOLS be commissioners to divide hands between the following overseers, VIZ: S.C. CHETWOOD, James PATTERSON Isham R. HOUZE, I. I. B. CRUNK, James G. LUNA, and James WILSON. Issued. Ordered that the order made at the July term of this Court directing Thomas O. HUNTER, John M. LANE, David CORTRUR Charles HOPPER, John PENN, Burnett PYLAND & Saml. EWING to change the road therein specified or assess damages &C. be revived. Issued. (63) Ordered by the Court that the order made at the September term of this Court directing Martin WISENER Henry BISHOP Peter CARPENTER Allen COFFEY and William WILLIAMS Ser. to review the road therein specified, be revived. Issued. This day came James C. RECORD, and William WILLIAMS two of the commissioners appointed to lay off & sell the lots in the town of Lewisburg & to superintend the erection of the public buildings in the county of Marshall, and moved the Court for leave to give the purchasers of Lots in said town of Lewisburg such indulgence as would seem prudent and consistent with the engagement of said commissioners which is accordingly granted by the Court. Ordered by the Court, that the order made at the last term of this Court appointing Joseph McBRIDE, W. TWITTY and Zachariah GANT Commissioners to divide hands between Benjamin BINGAMAN Hiram TWITTY and Lewis SHAW overseers &C., be revived. Issued. Ordered by the Court that Thomas CUMMINGS, Bedford ENDSLEY, Joseph McADAMS, German WOODWARD, B. LOWRY & Andrew CUMMINGS be appointed a jury to review the road that passes through David YANCYS plantation and maek such alteration there in as the public good would seem to require. Issued. Asa HOLLAND and Thomas ROSS Esqr. were appointed by the Court to make an arrangement with some person to take care of Lewis WOOTEN a pauper. Reports that William PERRY with keep said pauper one month for Fourteen dollars and thereupon on motion shall said allowance be made, was decided in the affirmative- Ayes Asa HOLLAND, Thomas ROSS, George W. McBRIDE Robert JOHNSTON, John HATCHETT, Peter WILLIAMS, George CUMMINGS, James REED, Ephraim HUNTER, Th. CUMMINGS, D. YANCY, James ADAMS, Tho. HARDISON, 14. Noes none. Martin W. OAKLEY Clerk of the county Court of marshall this day exhibited his receipts from the Comptroller & Treasurer of the State of Tennessee, this Receipt of the Superintendant of public instruction and of the Trustee of Marshall County for monies collected and paid as Clerk of said County County Court, which several receipts were ordered to be entered on the records of this Court, and is inthe words and figures following to wit. Nashville 21 Sept. 1837. Received of Martin (64) W. OAKLEY his statement of revenue collected as Clerk of Marshall County Court from Sept. 1, 1836 "to 1 Sep. 1837. Daniel GRAHAM Comptroller of Treasury" $879.45 Nashville 21 Septem 1837 Np.350 Received of M. W. OAKLEY Eight hundred and seventy nine dollars - 45 cents Audited to him by No 350 and due on account "of Revenue by him collected as Clerk of the County Court of Marshall County" from the 1 Septemb 1836 to 1 Septemb 1837. Signed duplicates Miller FRANCIS Treasurer of Tennessee". Nashville 21 Sept. 1837 "Recd of Martin W. OAKLEY Esqr. Clerk of the County Court of Marshall County Four hundred & eighty seven 50/100 dollars monies collected by him on license to retailers of spiritous liquors is appropriated to the use of common schools. "For which Duplicate receipts are given. $487.50 R. H. McEWEN Supt. &C. Lewisburg 2nd October 1837. "Received of M. W. OAKLEY Clerk of the County Court of Marshall County Two dollars and fifty cents, due on account of fines and forfeitures by him collected as Clerk of the County Court of Marshall County from the 1st of September 1836 to 1st September 1837. John W. RECORD Signed Duplicates Tustee of Marshall County Joseph TILLMAN and Joseph DUNCAN adminisrators of the Goods and Chattels Rights and credits of Reuben T. TILLMAN Decd. returned to the Court an additional accounts of sales of the goods and chatteal of said Deceased which being sworn to was ordered to be recorded. Ordered by the court that Martin W. OAKLEY be allowed the sum of Fifty dollars out of any monies in the hands of the Treasurer of Marshall County not otherwise appropriated for exofficio services as Clerk of the County Court of Marshall County the following magistrates being present & voting in the affirmative Viz; George W. McBRIDE, R. JOHNSTON, I. HATCHETT P. WILLIAMS, Geo. CUMMINGS, J. REED, E. HUNTER, Th. CUMMINGS, Da David YANCY, J. ADAMS, W. COWDEN, T. HARDISON, Th. ROSS. A. HOLLAND & W. McCLURE 15, Noes Issued. (65) Ordered by the Court that John R. HILL be allowed the sum of fifty dollars out of any monies in the hands of the Treasurer of Marshall County not otherwise appropriated for exofficio services as Sheriff of Marshall County for the last twelve months: the following magistrates being present and voting the affirmative viz; A. HOLLAND, T. ROSS, G. W. McBRIDE, R. JOHNSTON, P. WILLIAMS, T.HATCHETT, G. CUMMINGS, J. REED, E. HUNTER, T. CUMMINGS, D. YANCEY, I. ADAMS, W. COWDEN, T. HARDISON, Wm. McCLURE 15. Issued. Ordered by the Court that the Trustee of Marshall County pay to David McGAHEY Clerk for the Circuit Court of Marshall County the sum of Twenty dollars out of any monies not otherwise appropriated, to defray the following Bill of costs incured as County charge and the prosecution of James ORR at the November term 1837 of the Circuit Court of Marshall County for Mare Stealing, and for stealing notes and money - viz: To John F. BOYETT for guarding James ORR from Sunday untill Wesnesday October 1836- $5.00 To three guards each $6.00 two dollars _______ $11.00 To Solomon MEADOWS to guarding James ORR one night before conviction with four guards services 2.50 with four guards guarding sd. prisoner one night after conviction with four guards 2.50 " Expenses first nights guarding 1.50 " D second nights D 1.50 " Prisoners expenses .75 " Expenses prisoners horse .25 ______ $20.00 On motion the ayes & noes being ordered are ayes & noes R. JOHNSTON, W. COWDEN, P. WILLIAMS, I. HATCHETT, Geo. CUMMINGS J. REED, E. HUNTER, T. CUMMINGS, D. YANCY, J. ADAMS, T. HARDISON T. ROSS, W. McCLURE 13, Noes A HOLLAND. Issued. John R. HILL this day produced the following transfer from the County Court of Maury County which together with the Certiicate thereto appended was ordered to be entered in the minutes and in the words & figures following to wit: State of Tennessee, Maury Coounty, County Court. September term A D 1837. On motion and it appearing to the satisfaction of the court at a former term, guardian of John A. EVANS a minor heir of John EVANS Decd and since his appointement he and said ward have been stricken off into Marshall County. It is therefore ordered by the Court that the said John R. HILL be released in future from making settlements with this Court as guardian of said minor and (66) that in the future he make his settlements with the County Court of Marshall County. Witness Wm. E. ERVIN, Clerk of Maury County Court. I hereby certify the amount of the return made by John R. HILL as Guardian of John A. EVANS to the June term of the county of Maury County as appears from his return then made is $1105.57 1/2 Given under my hand at office this 5th September A.D. 1837. Wm. E. ERWIN Clk. John R. HILL exhibited in open Court his accompt as guardian of John A. EVANS, which was received by the Court and ordered to be recorded. Court adjourned untill to-morrow morning Nine o'clock. Wm. McCLURE Chairman Asa HOLLAND J. P. James REED J. P Wm. COWDEM Tuesday morning, October 3, 1837. Court met according to adjournment. Present Wm. McCLURE Asa HOLLAND, James REED, William COWDEN Gentlemen Justices of the peace. Proclamation being made, the Court was opened- It having been represented tot this Court that Stephen CLAYTON Late of Marshall County hath departed this life lea ving no last will and testament- and Felix G. GIBSON and John H. CLAYTON having applied to this Court for letters of administration of all and singular the goods and Chattels, rights and credits of said deceased, and the Court being satisfied of their right to obtain them, they having given bond in the sum of Twenty five thousand dollars, with William COWDEN, Thomas ROSS and Morgan CLAYTON Securities and qualified as the law directs the same in accordingly granted. Jonathan GREEN was this day appointed by the Court commissioner of the School land in Township No.5 in Marshall County in room of William McCLURE resigned- who entered into bond in connexion with John W. RECORD, James PATTERSON, James V. EWING and Jonathan SMITH commissioners appointed by this Court at the June term thereof, in the sum of one thousand dollars with George W. RECORD their security. (67) There being no further business before the County Court in Course. Wm. McCLURE Chairman James REED. J. P. Asa HOLLAND J.P. Thos. ROSS Wm. COWDNE