MARSHALL COUNTY, TN - COURT- Minutes SEPTEMBER 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-SEPTEMBER 1840 Page (411) September term 1840. State of Tennessee Marshall County. At a County Court begun and held at the Courthouse 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 7th day of the Month 1840 present Burgess HARDEN, Ephraim HUNTER, & James ADAMS, Gentlemen Justices of the peace, proclamation &C. The following proceedings were had. On motion it is ordered by the Court that James RAMSEY be appointed overseer of the fishing ford road commenceing at Duck river and terminateing at Chapel hill and that he have the former hands. Issued. On motion it is ordered by the Court that John VINCENT Ashley MOORE and Joseph FREY be appointed commissioners to lay off one years provision for Eliza beth BENTLEY widow of Balam BENTLEY decd. and report to the next term of this court. Issued. On motion it is ordered by the Court that Richard WARREN John M. LANE, Jas. ROBINSON, Jas. GINGLES Henry PARNEL and William NEIL be appointed a Jury of view to lay off and turn a part of the Fishing ford road commenceing at or near Thos. O. HUNTER and terminateing near where said HUNTERS line corses said road if in their opinion the good of the individual require it, and that of the public not injured & report to the next October term of this Court. Issued. On motion it is ordered by the Court that Richard WARREN John McLANE, Jas. TOBINSON, James GINGLES, Henry PARNEL, Jas. GINGLES and William NEIL be appointed a Jury of View to lay off and mark a road commenceing at Richard WARNER’s corner of Thos. O. HUNTERS Lnad at or near the road that leads to DILLARDS Mill if in their opinion the good of the individual require it and that of the public not injured and report to the next October term of this Court. Issued. (412) September term 1840. James & Archabald McCONNEL administrators of Samuel McCONNEL decd appeared in Court and returned an additional account of sales of said estate which was ordered to be recorded. On miotion it is ordered by the Court that Russell PHIFER be appointed overseer of the road commenceing at the Co nersville road at the end of Robert McCRORYS Land and terminating 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 and John LUNDFORDS, E. LINCOLN thence to William EMMERSONS, thence to John McGREGORS thence to William McGREGOR. Issued. On motion it is ordered by the Court that the sherriff of Marshall County summons a Jury of Inquest to ascertain by inquisition the mental condition of Samuel HILLIS and also what goods and chattles Lands and tenements that belongs to the said HILLIS and report t thepresent term of this Court. Issued. The Jury of Inquest summoned by the Sherriff of Marshall County to inquire into the mental conditions of Samuel HILLIS reports as follows, to wit, State of Tennessee, Marshall County The undersigned free holders of Marshall County aforesaid having been duly summoned and sworn as a Jury to inquire into the mental condition of Samuel HILLIS after diligently investigating the matter, do find that the said Samuel HILLIS is entirely incapable of managing his own affairs with safety to himself and others. We also find that the said Samuel HILLIS is possessed of and entitled as owners to property and other assets consisting of about sixty head of hogs worth sixty dollars Cattle to the amount of about thirty dollars Household and Kitchen furniture worth about Twenty five dollars- We find him entitles to a life time estate in a tract of land containing Sixty three acres with about thirty acres improved thereon and also assets in the hands of Thomas ROSS adm. of Levi HILLIS decd to be administered which by (413) law he is Entitled toreceive of about two hundred dollars given under our hands this 7 day of September 1840 Willis HOPWOOD Robert McCRORY D. G.BILLS Jas. McCONNEL, Joel YOWELL Wm WILLIAMS Sr Joab BAGLEY, John H. BILLS, Archabald McCONNEL John CHRISTOPHER, P. M. WRIGHT and Lorenzo D. TURNER. Which report being seen and by the Court understood was in all things confirmed and made the order of this Court and thereupon Thomas ROSS appeared in Court and was appointed guardian of the said Samuel HILLIS who Executed his bond in the sum of fifteen hundred dollars with David McGAHEY his security which was accepted by the Court. It appearing to the Court that Parilee H. DAVIS and Eliza L. DAVIS are minors and orphans and now reside in Marshall County who have no guardian Known to this Court and the said Barilee now appearing in open Court and being more than Fourteen years of age selects and the Court hereby appointed Joseph W. DAVIS guardian of the said Parilee H. DAVIS and the Court also hereby appoints the said Joseph W. DAVIS guardian of the said Eliza L. DAVIS minors as aforesaid and the said J. W. DAVIS having entered into bond in the sum of Twenty five hundred dollars with Wm. O. RUTLEDGE and Jeremiah TILMAN his securities for his Guardianship and the same is accepted by the Court. It appearing t the Court that Martha Adline DAVIS is a minor and orphan and now resided in Marshall County who have no guardian Known to the Court, and she being under fourteen years of age the Court hereby appoints Christeana DAVIS guardian of the said Martha Adline DAVIS, minor as aforesaid and the said Christeana DAVIS gaving entered bond in the sum of Twelve hundred and fifty dollars with Joseph W. DAVIS and Jeremiah TILMAN her securities for her guardianship and the same is accepted by the Court. It appearing to the Court that John CIVIT is a minor and orphan and now resides in Marshall County, who have no guardian Known to the Court and he being under age fourteen years of age the Court hereby appoints Andrew Laird guardian (414) of the said John CIVIT minor as aforesaid and the said Andrew LAIRD having entered into bond in the sum of Eight hundred dollars with Joseph H. BRITTIAN and John RAGSDALE his security for his guardianship and the same is accepted by the Court. Martin W. OAKLEY clerk of this Court presented to this Court an account of a settlement made by John ELLIOTT D. C. with Wm. O. RUTLEDGE for the year ending the 3rd December 1839 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 Cad J. CLAIBORN Guaradian of John W. HILL for the year ending the 7th day pf Sept 1840 which report being seen and by the Court understood was in allthings confirmed and ordered to be recorded. On account it it ordered by the Court that Thomas WHITE be appointed overseer of the McColums Gap road from the north Corner of Russell BRYANTS field to the south boudary of C. HOPWOODS lot, and that he have the following hands, to wit, Thos. ROSS hands, Willis HOPWOODS hands, Henry THOMPSON, Berry HOPWOOD, J. F. PAXTON, John PAXTONS hands, Alexander MAYS and Gray JONES & all other hands that line in theabove bounds. Issued. On motion it is ordered by the Court that William HOUSTON be appointed overseer of the Halls ford commenceing at Hugh HOUSTON’s Jr. and terminateing at Leander N. EWINGS and that he have the former hands. (415) September term 1840. David MaGAHEY who was appointed at the last term of this Court to lay off and mark the prison bounds of Marshall County reports as follows, to wit, State of Tennessee, Marshall County Persuant to an Order made by your Worships at the last term of your Court I pro- C H ceeded to lay off the prison bounds of Marshall County as The Act of the last session of the General Assembly Directed as per the annexed platt, to wit, I began at the Court house & Ran North with the di- ection of an alley of the Town of Lewisburg one half mile >From thence I ran East Crossing a place in Jno. H. BILLS farm Known as the Lake at 100 poled Crossing a place in Jno. H. BILLS farm Known as the Lake at 100 poles crossing Rock Creek at 152 poles & in all 160 poles or half a mile to a stake in a field of John H. BILLS near his Spring, thence sough crossing the fishing ford Road at forty poles the WILLIAMS Road at seventy two poles, the RANKIN Shop Road at two Hundred & forty poles the Road thru Reeds gap at Two hundred & Eighty poles and in all Three Hundred & Twenty poles or one mile to a stake in David NOWLINS field thence West Crossing the small Creek at sixty four poles & the large Creek & Cornersville Road at about one hundred & eight poles and in all one mile to a stake in James STILWELLS field, thence north Crossing Moorsville Road at one hundred & Eighty pole in all one mile to a Chinquopin Oak Hickory & Ironwood thence East one half mile to the point one half mile north of the Court house the beginning which lines we marked with (416) four Chops or Notches on trees and at the places where the same Crossed the public Road the additional mark of a “PB” the the initials of prison Bounds was made being as we then thought the best method of marking to distinguish the same from other marking- All of which is submitted. D. McGAHEY S. ---- Eilijan BIRMINGHAM) John CRAWFORD Jr.) C. C. Wilson P. DAVIS Marker ------ Andrew LAIRD and John RAGSDALE appeared in Court and made oath that Matthew WALLACE decd was a resident citizen at the time of his death of Marshall county & that he was a Pentioner of the United States at the rates of $90 per anum and that he left a widow & her name was Mildred WALLACE, and thereupon Court adjourned untill nine oclock tomorrow morning- John HATCHETT J.P. Burgess HARDIN J.P. James ADAMS J.P. Tuesday morning Sept 8th 1840. Court met according to adjurnment present Burhess HARDEN James ADAMS & John HATCHETT Gentlemen Justices of the peace proclamation & C. Martin W. OAKLEY clerk of this Court presented to this Court and account of a settlement made by him with Moses O’NEAL guardian of the minor heirs of Harris MOUNT and for the year ending the 1st of March 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 John ELLIOTT D C with John DYSART guardian of the minor heirs of Benj. LOGAN dec for the year ending the 1st day August 1849 which report being seen and by theCourt understood was in all things confirmed and ordered to be recorded. (417) Tuesday morning Sept 8th 1840. There being no further business before the Court Court adjourned untill Court in Cour4se. Jno. HATCHETT J.P. James ADAMS J.P. Burgess HARDIN J.P.