MARSHALL COUNTY, TN - COURT- Minutes SEPTEMBER 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–SEPT. 1839 Page (288) September 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 holding the several Courts in said County on the first Monday in September the same being the 2nd day of the month A. D. 1839 present, Asa HOLLAND, James V. EWING and Robert JOHNSON 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 Cad. CLAIBORN guardian of Joh W. HILL for the year ending 2nd September 1839 which report being sworn and by the Court understood was in all things confirmed and ordered to be recorded. On motion it is ordered by the Court that David HILL be appointed overseer of the Columbia road in the room & sted of David FAUCETT and that he have the following hands, to wit, William D. BALDRIDGE, James RUST, William PEEL, David & Nathan HARRIS hands William TURNER, David RODGERS, Joseph JONES Joseph GLENN, George RONE, Thomas COGGINS, William I. ANDERSON Charlie WILLIAMS & David FOSSETT to keep said road in repair. Issued. Martin W. OAKLEY clerk of this Court presented to this Court an account of a settlement made by him with Jason B. SHUFFIELD guardian of Rebecca CARUTHERS for the year ending the 2nd day of September 1839 which report being seen and by the Court understood was in all things confirmed and ordered to be recorded. It having been represented to the satisfaction of this Court that Ebenezer BECK a resident of Marshall County has died leaving no last will and testament and Willis HOPWOOD appeared in Court and made application for Letters of Administration of all and singular the goods and chattles and rights and credits of him the said BECK and he having Executed his bond in the sum of Two thousand dollars with Joel YOWELL his security, the same is granted. It is therefore ordered by the Court that the letters of a dministration Issue accordingly hetakeing the oath prescribed by law. (289) September term 1839. John LAWS constable for th 8th district in Marshall County this day presented his resignation as constable aforesaid which was accepted by the Court. John R. HILL Sherriff of Marshall County presented a certificate of an Election certifying that William B. HOLDEN a duly and constitutionally Elected Constable in the 8th district in Marshall County who 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 William B. HOLDEN Jason B. SHUFFIELD and T.C.H. MILLER all of said County are held and firmly bound unto Newton CANNON govorner of the State of Tennessee and 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 oursleves Jointly and severly with our seals and dated this 2nd day of September 1839. The condition of the above obligation is such that whereas the above bound William B. HOLDEN hath been Elected a constable in the 8th district in the County of Marshall and hath this day been duly qualified as such therefore if the said William B. HOLDEN shall well and truly Execute and true return 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 to whom so ever may be legally authorized to receive the same and to do and perform all such duties as are required by law on him as constable, otherwise to remain in full force and virtue day and dateabove written. Test: M. W. OAKLEY William B. HOLDEN (seal) J. B. SHUFFIELD (seal) T. C. H. MILLER (seal) And took the severak oaths prescribed by law. Ordered by the Court that Daniel DAVIS & Moses DANIEL have a sledge hammer & c row bar that isnow in the hands of Joel YOWELL for the use of the road that they are overseer. (290) September term 1839. On motion it is ordered by the Court that Thomas ROSS Joel YOWELL and Thomas PATTERSON be appointed commissioners to lay off and set apart one years provision for Sarah BECK widow of Ebenezer BECK decd and report to the next term o this court. Issued. On motion it is ordered by the Court that Prior D. DAVIS William FINDLEY Sr. John McKNIGHT Richard McREE & Thomas SHORT be appointed a Jury of view to change a part of the Corbersville and Fayetteville road that runs through John CAMPBELL’s Farm if in their opinion the good of the individual require it and that if the public not injured and report thereon to the next October term of this Court. Issued. James P. GILPIN appeared in open Court and presented a copy of a settlement made by him in Lincoln County as guardina of the minor heirs of Nathan BAGLEY deceased which was ordered to be recorded. Thelast Will and testament of Nathanial SMITH decd was proven in open Court by the oath of John FIELD and Humphrey HARDISON subscribing witnesses thereto and Williamson SMITH Jonathan SMITH Executors and Mary SMITH Executrix to said will appeared in open Court and Executed their bond in the sum of Twenty five thousand dollars with John FIELD John R. B . JONES, Hemphrey HARDISON their securities which was accepted by the Court. It is therefore ordered that Letters Testamentary Issue accordingly they takeing the oath prescribed by law. On motion it is ordered by the court that Car JONES Old John McDANIEL, William MORRIS, John F. MARTON & Patrick MARTIN be appointed a Jury of view to change the Frankli n road as to cross Duck River below HARDISON’s & ALRIDGE’s Mill if in their opinion the good of the individuals require it and that of the public not injured and report to the next October term of this court. Issued. (291) Sept. Term 1839. Joel GIFFORD appeared in court and was therefore appointed guardian of Robert GIFFORD minor orphan of William GIFFORD deceased he having Executed his bond in the sum of Two hundred dollars with Jeremiah HOLT his security which was accepted by the court. Robert JOHNSTON J.P. Asa HOLLAND J.P. James V. EWING J.P.