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MARSHALL COUNTY TENNESSEE COURT MINUTES–APRIL 1838 SESSION

Page
(120) cont.
     The State of Tennessee S S
     At a County Court begun and held for the County of Marshall in the
 state aforesaid at the house of Abner HOUSTON being the pleace 
appointed by law for holding the Courts in said County of Marshall on
 the first Monday in April the same being the second day of the month 
in the year of our Lord one thousand Eight hundred and thirty Eight 
present John HATCHETT Chariman   William WILKS, Berry MOORE, E. HUNTER,
 James V. EWING   A. MILLER, James ADAMS, Thomas WILSON, Robert JOHNSON,
 Asa HOLLAND, William COWDEN, Peter WILLIAMS, James PATTERSON   James 
REED, John FIELD, Thomas HARDISON and John CHANDLER Gentlemen Justices
 of the peace Proclimation &C.

And thereupon Martin W. OAKLEY Exhibited in open Court the certificate
 of the Coroner of the County of Marshall shewing that he was duly and 
constitutionally Elected by the free voters in said County Clerk of the
 County Court for Marshall County afforesaid which certificate is in the
 words and the figures following to wit;
     State of Tennessee, Marshall County.
     I, Joseph MCCORD Coroner in and for the county of Marshall 
afforesaid certify that at a Election held at the several district
 election grounds in my County on the 3rd day of March 1838 according to
 Law, Martin W. OAKLEY was duly Elected to the office of the Clerk of the 
County Court for said County, the following being the aggregate State of
 the polls for that office, to wit;
Martin W. OAKLEY received Fourteen hundred and fifty votes,
John HATCHETT received ninety votes this
15th day of March 1838.
         J. McCORD Coroner of Marshall County.

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     State of Tennessee, Marshall County S S
     Know all men by these presents that we Martin W. OAKLEY   John
 RAMSEY and Ephraim HUNTER all of the County of and State afforesaid are
 held and firmly bound unto Newton CANNON governor of the State of 
Tennessee and his success in office in the pennel sum of Five thousand
 dollars and for the true payment of which we bind oursleves our heirs
 executors, administrator, Jointly and severly firmly by these presents 
sealed with our seals and dated this 3nd day of April 1838.
     The condition of the above obligation is such that whereas the 
above bounds Martin W. OAKLEY, has been duly and Constitutionally 
Elected clerk of the County Court of Marshall County in the State 
aforesaid as fully appears from the certificate of Joseph McCORD Coroner
 in and for the County of Marshall afforesaid.  Now therefore if the 
said Martin W. OAKLEY shall safely keep the records of the said Court
 pay over all the public moneys by him collected according to law that
 may come into his hands by virtue of his office, and do and pe4rform 
all the duties of a clerk according to law, then this obligation to be 
void otherwise in full force and effect day and date above written.
                                    Martin W. OAKLEY (seal)
                                    John RAMSEY (seal)
                                    Ephraim HUNTER (seal)
Acknowledged in open Court before us this 2nd day of April 1838.
                                      John HATCHETT J.P.
                                      William WILKS J.P.
                                      Robert JOHNSON J.P.
on said bond are the following oaths endorsed, to wit:
     State of Tennessee, Marshall County, I., Martin W. OAKLEY do 
solemnly swear that I will support the Constitution of the United States
 of the State of Tennessee.  Subscribed and sworn to this 2nd day of 
April 1838 before us in open Court.
                                     John HATCHETT J.P.
                                     William WILKS   J.P.
                                      Robert JOHNSON J.P.

(122)
     State of Tennessee, Marshall County.  I, Martin W. OAKLEY do 
solemnly swear on the holy Evangelist of Almity God that I have not 
given or excepted a chalenge either writen or verbal to fight a duel
 nor have I fought one since the passage of an act passed in the year
 1817 entitled an act more effectually to prohibit dueling nor have I
 been the second or bearer of a chalenge for such purpose and that I 
will not fight a duel or be the bearer of a chalenge eith written or 
verbal for such purpose or act as a second of lots or either of the 
parties concerned in a duel during my continuance in office- So help
 me God.
                                        Martin W. OAKLEY
     Subscribed and sworn to this 2nd day of April 1838 before us in 
open Court.
                                     John HATCHETT J.P.
                                     William WILKS J.P.
                                     Robert JOHNSTON   J.P.
   
  State of Tennessee, Marshall County.  I, Martin W. OAKLEY do swear 
that by myself or any other person or persons I neither have given nor
 will I give to any person whatsoever any gift gratuity fee or reward 
in consideration of my appointment to the office of the Clerk of the 
county Court of Marshall County nor have I sold or offered to sell my 
interest in said office.  I also do solemnly swear that I do not
 directly or indirectly hold any other lucrative office in this State of
 the County Court of Marshall County without prejudice favour affection
 or partoality to the best of my skill and ability So help me God.
                                     Martin W. OAKLEY.
     Subscribed and sworn to this 2nd day of April 1838 before us in 
open Court.
                                           John HATCHETT J.P.
                                           Wm. WILKS    J.P.
                                           Robert JOHNSON   J.P.

(123)
     This day William WILLIAMS Jr. appeared in open Court and took the
 oath to support the Constitution of the United States and of the State
 of Tennessee.  Also the oath prescribed by an Act passed int eh year 
1817– entitled “An act more effecting to prohibit duelling”, an also an 
oath faithfully to discharge all the duties imposed by law upon Clerk of
 the County Court of Marshall County and was thereupon duly appointed 
Deputy Clerk of the County Court of Marshall County.
     
This day John ELLIOTT exhibited in open Court the Certificate of his 
election by the frre voters of Marshall County to the office of Register
 and said County which Certificate is in the words and figures following
 to wit–
     Marshall County    )
     State of Tennessee ) I Joseph McCORD Coroner in and for the County
 of Marshall aforesaid certify that an Election held at the several 
district election of March 1838 according to law John ELLIOTT was duly 
elected to the office of Register for said County, the following being 
the aggregate State of the polls for that office to wit: John ELLIOTT 
received Fourteen hundred and twenty one votes having no opposition.  
This fifth day of March 1838.
          Joseph McCORD Coroner of Marshall County.
    
 And thereupon said John ELLIOTT gave bond and took the oaths prescribed
 by law to be taken by officers in the State of Tennessee which bond in 
the words folliwing, to wit:Know all men by these present that we John 
ELLIOTT, James ELLIOTT, William ARTHUR and B. WILLIAMS all of the State
 of Tennessee are held and firmly bound unto Newton CANNON Governor of 
the State of Tennessee and his successors in office in the penal sum of
 Twelve thousand and five hundred dollars the payment of which well and
 truly to be made we bind ourselves our heirs wxecutors and 
administrators jointly and severally firmly by these present- sealed
 with our seals and dated this 2nd day of April 1838.
     The condition of the above obligation is such that whereas the 
above bound John ELLIOTT has been constitutionally Elected Register in 
and for the County of Marshall and State aforesaid Now therefore if the
 said John ELLIOTT shall safely keep all records submitted to his care 
by virtue of the said office of Register, and shall faithfully discharge
 all duties

(124)
devoling on him as register agreable to law– then this obligation to be
 void, otherwise to remain in full force and effect, day and date above
 written.
Test: M. W. OAKLEY Clk.
                                       John ELLIOTT (seal)
                                       James ELLIOTT (seal)
                                       William ARTHUR   (seal)
                                       B. WILLIAMS   (seal)
     
This day James V. EWING produced to the Court the Certificate of his 
Election to the office of Marshall County- which Certificate is in the 
words and figures following, to wit:
     State of Tennessee, Marshall County.
     I, Joseph McCORD Coroner in and for the County of Marshall 
aforesaid Certify that an Election held at the several district election
 grounds in my County on the 3rd day March 1838 according to the law, 
James V. EWING was duly elected to the office of Trustee for said 
County; the following being the aggregate State of the polls for that
 office - to wit:
     James V. EWING received Eleven hundred and twenty fives votes- and
 John W. RECORD received Four hundred and thirty three votes.  This 
fifth day of March 1838.
     
Joseph McCORD Coroner of Marshall County and thereupon said James V.
 EWING gave bond as the law directs and took the several oaths 
prescribed by law, viz- the oaths to support the Constitution of the 
United States & of the State of Tennessee and County of Marshall are 
held and firmyl bound unto John HATCHETT Chairman of the County Court
 and his successors in office in the penal sum of Twelve thousand firve
 hundred dollars and for the payment of which, we bind ourselves, our 
heirs, executors and administrators jointly and severally firmly by 
these present- sealed with our seals and dated this 2nd day of April
 1838.
     The condition of the above obligation is such that whereas the 
above bound James V. EWING hath been constitutionally elected Trustee 
in and for the county of

(125)
Marshall and State aforesaid.  Now therefore if the said James V. EWING
 shall safely keep and payments make of all District and County moneys,
 which shall be deposited in his hands, agreeable to the order of the 
County Court of Marshall County and shall discharge all other duties 
devolving on him by virtue of his office agreeable to law; then this 
obligation to be void otherwise to remain in full force and effect- day
 and date above written.
Test: M. W. OAKLEY Clk
                                     James V. EWING (seal)
                                     B. WILLIAMS   (seal)
                                     G. W. HAYWOOD (seal)
    
      This day John R. HILL Exhibited in open Court the certificate of
 his Election by the free votes of Marshall County to the office of the
 Sherriff of said County which certificate is in the words and figures 
following, to wit:
     State of Tennessee, Marshall County.
     I, Joseph McCORD of Marshall County do hereby certify that I opened
 & held and Election at the different places of holding elections in 
said County for Sherriff and oather County offices for said County on
 the third day of March 1838 and after Compareing the polls find that
 John R. HILL received for Sherriff about 1500 votes and having no 
opposition is duly elected   
Given under my hand and seal March 5th 1838.
                                  Joseph McCORD (seal)
                                   Coroner

     And thereupon said John R. HILL have bonds and took the oaths
 prescribed by law to be taken by officers in the State of Tennessee
 which bonds is the words and figures following, to wit:
     Know all men by these present that we John R. HILL, Sherwood W. 
BEATY   Solomon MEADOWS and James C. RECORD all of this State of 
Tennessee and county of Marshall are held and firmly bound unto Newton
 CANNON Govorner of the State of Tennessee or his successors in office
 in the pennel sum of Twelve thousand five hundred dollars and for the 
true payment of which we  bond ourselves our heirs Executors
 administrators Jointly and severally firmly by these presents sealed
 with our seals and dated this 2nd day of April 1838.
     The condition of the above obligation is such that where as the 
above bound John R. HILL is constitution and

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Elected Sherriff of Marshall County and hath this day been duly 
qualified as such.  Now therefore if the said John R. HILL shall well 
& truly Execute and due return maek of all process and precepts to 
him directed and pay and satisfy all fees and sums by him received 
or leveyed by virtue of any process into the proper office by which 
the same by the tenor thereof ought to be paid or to the person or 
persons to whom the same shall be sue his her or their Executors 
administrators attorneys or agent and in all other well and truly and 
faithfully Execute the said office of Sherriff during his continuance 
therein.  Then this obligation to be void otherwise to remain in full 
force and effect day and date above written.
Test: M. W. OAKLEY Clk.
                                              John R. HILL (seal)
                                              James C. RECORD (seal)
                                              S. W. BEATY (seal)
                                              S. MEADOWS (seal)

     State of Tennessee, Marshall County.
     Know all men by these present that we John R. HILL, S. W. BEATY 
and Solomon MEADOWS all of the State and County aforesaid are held and 
firmly bound unto Newton CANNON Govorner of the State of Tennessee for 
the time being and his successors in offices for the use of the said 
State in the sum of Two thousand five hundred dollars to the payment 
of which, well and truly to be made we bind ourselves our heirs 
Executors and administrators Jointly and severly firmly by these
present sealed with our seald and dated the 2nd day of April 1838
     The condition of the above obligation are these 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 Saturday in March 1838.  Now if the said
 John R. HILL shall well and truly collect all state taxes and slao all
 taxes in school lands within said County which by law he ought to
 collect and well and truly account for and pay over all taxes by him 
collected which ought to be collected on the first day of December in 
the year 1838 and 1839 respectively then the above obligation to be 
void otherwise to remain in full force and virtue.
Test:   M. W. OAKLEY Clk.
                                               John R. HILL (seal)
                                               S. W. BEATY (seal)
                                               S. MEADOWS (seal)

(127)
     This day Solomon MEADOWS and Sherwood W. BEATY appeared in open
 Court and took the oath to support the constitution of the United 
States and of the State of Tennessee, also the oath prescribed by an 
act passed in the year 1817 entitles an act more effectually to 
prohibit duelling.  And also an oath faithfully to discharge all the 
duties imposed by law upon Sherriffs of Marshall county, and was 
thereupon duly appointed deputy Sherriff of Marshall County.

     George W. RECORD
              vs
     Harris BRANTLY Administrator of William BRANTLY Decd.
     This day came the plaintiff George W. RECORD who was security of 
the defendants Administrator &C of William BRANTLEY Deceased and the 
defendant solemnly called to come into Court as he was bound to do this
 day according to the tenor of a summons issued against him at the last
 term of this Court, and then to release the said George W. RECORD 
plaintiff as aforesaid by giving other sufficient of Counter securities
 for the due administration of his intestates estate-came not, but made
 default, nor did he the said Harris BRANTLEY Administrator as 
aforesaid surrender to the said George W. RECORD the assets and property
 of his, the said estestates estate.  It is therefore ordered by the 
Court that the said Harris BRANTLEY Decd surrender of William BRANTLEY
 Decd surrender unto the said George W. RECORD all and every of the 
assets property and effects of the said William BRANTLEY Deceased that 
has heretofore come into his hands or that may hereafter come into his 
hands yet to be administered on, and that the said George W. RECORD do
 and perform all the duties of administrator on said Estate and make 
due returns in thesame manner and times as the said Harrus BRANTLEY 
was by law bound to do, the said George W. RECORD pay the costs of
 these proceedings for which execution my issue &C.

     On motion it is ordered by the court that Sandy G. COOK be 
appointed overseer of the road Leading from Shelbyville to Pulaski
 commenceing at Benjamin BINGAMAN and terminating at William COOKS Mill
 and that he have the former hands.  Issued.

(128)
     John LAWS a constable of Marshall County presented his account for
 arresting and bringing to Jail Joseph SPRADLING and for other purposes
 for Nine dollars and 91 cents and on motion the vote was taken which 
is as follows, to wit: ayes, William WILKS, Thomas WILSON, Robert 
JOHNSON, James V. EWING, John FIELD, James REED, James PATTERSON, John 
FIELD, James ADAMS, Thomas HARDISON, A. MILLER   William COWDEN, Asa 
HOLLAND & Berry MOORE - 14, Noes none.  Is therefore ordered by the 
Court that the trustee of Marshall county pay to the said LAWS the
 above sum of nine dollars and 91 cents out of any public moneys in his
 hands not otherwise appropriated.  Issued.

     Benjamin WILLIAMS in open Court appeared and was duly qualified as
 one of the Commissioners of the Poor house establishment of Marshall 
County.

     On motion it is ordered by the Court that Andrew LAIRD   Joseph 
ROSSON and Jason B. SHUFFIELD be appointed Commissioner to lay off and
 set apart one years provision for Cynthia DUNAGAN widow of Sherwood 
DUNAGAN Dec and report to the next term of this Court.  Issued.

     On motion it is ordered by the Court that there be a tax of 2 ˝ 
cents on each one hundred Dollars worth of property in addition to the 
tax heretofore levied for the benefit of the Poor House establishemtn on
 Marshall County a majority of the Magistrates being present.

     On motion it is ordered by the court that Samuel W. GENTRY and 
Henry S. WILSON be attached to the Eleventh District of Marshall County.

     On motion it is ordered by the court that Leonard BULLOC be 
appointed Commissioner in the stead of Sherwood DUNNAGAN Deceased for 
the year 1838. Issued.

     The Court proceeded to make allowance to the Commissioner for 
Redistricting the county of Marshall & is considered by the court that
 they receive Two dollars per day and on motion the vote was taken 
which is as follows to wit; (ayes) Thomas HARDISON, William COWDEN, 
Adam MILLER, James ADAMS, Robert JOHNSTON, John FIELD, James V. EWING, 
Berry MOORE, Peter WILLIAMS, 9 votes.  Noes John HATCHETT, James REED, 
Asa HOLLAND & Thomas WILSON (4 votes)

(129)
     The Court proceeded to open and hold an election to Elect a 
coroner whereupon James V. EWING Asa HOLLAND and Thomas WILSON was
 duly and sonstitutionally Elected a coroner untill the first Monday
 in January next.

     On motion it is ordered by the Court that John HATCHETT and Peter 
WILLIAMS be appointed revenue commissioners to make settlements with the
 county officers of Marshall County for the year 1838 as the law directs.

     On motion it is ordered by the Court that Thomas D. CHEEK be 
appointed overseer of the road commenceing at the south end of Union
 Street at the south end of Union Street and terminateing at STEPHENS
 Mill and that he have the former hands.  Issued.
  
     Hugh B. BIGHAM                )
             vs                    )  
     The County of Marshall        )   Application for allowance for 
running out and marking said estate County.  The plaintiff this day 
presented his account for services rendered in runing out and marking
 said County in order to the establishment of the same, for one 
hundred and fifty six dollars and the vote being had thereon stood as
 follows, to wit: Ayes, Robert JOHNSON, Asa HOLLAND, John HATCHETT, 
James REED, James ADAMS, Thomas WILSON, John FIELD, Thomas HARDISON,
 Berry MOORE, William COWDEN, James V. EWING and Peter WILLIAMS Esqr. 
12- Nayes Adams MILLER and John CHANDLER Esqrs- 2 Twelve Justices voting
 in the affirmative and being a majority of all the acting Justices of 
the peace in said County.  It is therefore considered by the Court that
 H. B. BIGHAM be allowed the sum of one hundred and fifty six dollars
 for the services aforesaid and that the clerk of this Court issue his
 order for the same to the commissioners for laying off and selling the 
lots in the Town of Lewisburg &C payable (whenever the public buildings 
are completed and paid for) out of any money that may bein, or may come 
into their hands for the sake of lots over and above paying for said 
public buildings that is not now otherwise appropriated.
    Issued 29th January 1839.

(130)
     On motion it is ordered by the Court that Joseph MCBRIDE   Jas.
 McGAHEY   Joseph McGAHEY   William B. COOK, Lewis SUMMONS, James REED
& Wynn TWITTY be appointed Jurors of review to change a part of the 
Pulaski and Shelbyville road which runs through Benj. BINGAMAN land if 
in their Judgement the good of the individual require it and that if 
the public not injure and report thereon to the next term of this Court.
  Issued.

     On motion it is ordered by the court that William BRIGGS be 
appointed overseer of the road commenceing at the Giles County line at 
Lee SMITHS and terminateing at the Fayetville road near John S. PARK 
and that he have all the hands south of Richland Creek and west of 
said Fayetteville road.  Issued.

     On motion it os rdered by the Court that B. B. MERRET   Orson GRAY
 Enoch RUST   Haris MAULDIN, S. C. CHERWOOD    William CARUTHERS and 
William CRUNK be appointed Jurors of review to change a part of the 
Petersburg & Cornersville road which runs through James WILSONS Land
 if in their Judgement the good of the individual require it and that
 of the public no injured and make report to the next term of this 
Court.  Issued.

     The following is a report of the commissioners appointed at a 
former term of this Court at a former term of this Court to lay off and
set apart one years provision for the widow of John H. MOORE deceased 
(to wit)
     Report of the commissioners-
     We the undersigned holders of Marshall County after being duly 
sworn have proceeded to set apart Elizabeth J. MOORE widow of John H. 
MOORE deceased so much of the crop and provisions on hand as will be 
sufficient in our opinion to support her family one year from the death
of her said husband we set apart to her for said purpose the following 
articles (to ti) six hundred pounds of bacon, fifty pounds of lard, Ten
 Barrels of corn   Three hundred pounds of lower seven pounds of loaf 
shugar, Twenty five pounds of Coffee, Two pounds of tea, one pound of 
Pepper one pound of ginger one pound of spice, Ten pounds of rice Twenty
 five pounds of salt this 24th day of February 1838.
                                             Tolbert ARTHUR (seal)
                                             Joel   X GIFFORD (seal)
                                                  his mark
                                            Ashley MOORE (seal)
                                                 Commissioners

(131)
     Which report being received and by the Court fully understood was 
in all things confirmed and made the order of this Court,

     On motion it is ordered by the court that an order made at a 
former term of this Court appointing David FAUSETT overseer of the road
 to be Extended to the County line near Doctor ANDERSONS.

     On motion it is ordered by the Court that an order made at a former
 term of this Court appointing David FAUSETT overseer of the road be 
Extended to the county line near Doctor ANDERSONS.

     On motion it is ordered by the court that Joel S. HUGHES be 
appointed overseer of the road from Burlin to the county line near the
 mouth if the Lane near John F. CARRS and that he have the following
 hands (to wit) John STEEL, Williamson SMITH, David BRYANT, A. M. 
McLAINE, Thomas J. WEST, Hezekiah DAVIS   Joseph HARDISON, James B. 
FULLERTON, Thomas FULLERTON, James C. BREWER, James HARDISON, 
Anderson HARDISON, William G. PICKENS   Lawrence LOLLER, Elancer 
BRECHEM, Wright WILLIAMS, James DARK Isaac DARK, James H. BURNS, H. N.
 DEARING, Joel HARDISON, Charles HARDISON, Seth BENNET, Asa HOLLAND, 
Andrew RHYNE, John FOX, Joshua FOX, Brevard HUGGINS, John F. CARR, 
Mecajah BENSON, Noah HERALD, James HENLEY, Calaway BREWER, Thomas 
BORRUM, David STOKES, and Hezekiah BRYANT with their hands. Issued.

     The following is a report of the commissioners appointed at a 
former term of this Court to assign hands to the following overseers
 (to wit)
     Charles NEIL overseer from Caney Spring Creek to the old Murray 
Line James B. SCOTT overseer from said line to where the Marshall Line
 crosses said Road John LAIRD overseer of the Murfreesborough road from
 Marshall County line at David WILSON to Aaron BOYD which report are in
 words and figures following, to wit:
     In pursuance of an order of the County Court of Marshall County
 appointing us Joseph ROSSON and Joshua BUTLER commissioners to lay off
 Bounds and assign hands to the folowing overseers to work on the roads
 Leading from Caney springs Creek near RAINEY’s store to Hurts Cross 
Roads also the Road from David WILSONS to Aaron BOYDBounds for James B.
 SCOTT overseer Beginning at John COLES Running at John R. MOOR thence
 to John COLLINS thence to John PICKENS thence to Joseph CALVIN thence 
to Jacob UTZMAN thence to the Beginning the said SCOTT to have all the 
hands in the afore mentioned bounds.

(132)
     Bounds for Charles NEIL overseer Beginning at the corner of John
 ROBINSONS field on said Road running west to John EPLEYS thence to 
John HARRISES thence to the widow HOGGS thence to Thomas McCALLS 
thence to said Charles NEILS on said Road the said NEIL to have all 
the hands in said Bounds- Bounds for John LAIRD overseer of the 
Murfreesborough Road beginning at the Murray County line near John H.
 LOGAN running south with sd Line to Josua HARDISONS thence to William
 WATKINS thence to David QUINNS thence to Robt. DAWSONS thence a north
 east Course to Thomas BRITIANS thence to Joshua GREESN thence to 
Mortimore GREENS thence to widow HINSONS thence to said Murfreesborough
Road thence west with said road to the Beginning said LARD to have all 
the hands in said Bounds.  Given under hands and seals this 12 of March
 1838.
                                   Joshua ROSSON
                                   Joshua BUTLER
Issued.                                Commissioners
     Which report being received and by the Court fully understood was 
in all things confirmed and made the order of this Court.

     Ordered by the Court that the following named persons be appointed
 the Veniria Facias of Jurors for the Circuit Court for the County of 
Marshall to be held for said County at the House of Abner HOUSTONS on 
the first Monday in June next said Jurors all being good and lawful men
 above the age of twenty one years Citizens of the body of said county 
(to wit)
Wm. B. COOK            Thomas B. FAVOR       Wm. CRUNK
John WEBB              Ezekiel E. VARBER     Elisha HURT
Mosses WILSON          Thomas G. JACKSON     A. F. LILARD
Alexander E. McCLURE   Elias STILWELL        Washington HUNTER
John D. COLWELL        Wm. WILLIAMS Senr.    Thomas H. HARDIN
Ison ONEAL             Harris MAULDIN        E. A. PATTON
Henry BISHOP           Charles HARDISON      Robert N. DRYDEN
Richard WILKS          Ninrom JOHNSON        Morgan CLATON
Wm. ARTHUR
And it is further ordered by the Court that Jackson LIGGETT and William
 D. POWELL Constables for

(133)
said Court and Jury and it is ordered that the Sherriff of said County 
summon said Jurors and Constables to attend said Court accordingly.
 Issued.

     Robert M. DRYDEN appeared in open Court and was there upon 
appointed Guardian of Mary Ann DRYDEN minors heirs of Nathaniel DRYDEN 
deceased who Executed his bond in the sum of Two thousand dollars with 
Ephran HUNTER and John RAMSEY his security which was accepted by the 
Court.  Sp. 23 April 1839.

     Isaac W. WALKER appeared in open Court and thereupon was 
appointed Guardian of Vilot Matilda DRYDEN minor heir of Nathaniel 
DRYDEN deceased who Executed his bond in the sum of Two thousand dollars
 with James V. EWING and Amos L. BILLS his securities which was accepted
 by the Court.     Sp. 23 April 1839

     Isabella DRYDEN appeared in open Court and was thereupon appointed
 Guardian of Margaret Eliza DRYDEN minor heir of Elizabeth DRYDEN,
 Nathaniel DRYDEN deceased who executed her bond in in the sum of Two 
thousand dollars with Benjamin C. BRANTLEY and Isaac W. WALKER her 
securities which was accepted by the Court.

     John DYSART appeared in open Court and was thereupon appointed
 Guardian of Daniel M. LOGAN, John D. LOGAN< Mary Ann LOGAN, Tarlton
 L. LOGNAM Frances M. LOGAN and Benjamin T. LOGAN minor orphans of 
Benjamin LOGAN Deceased who executed his bond in the sum of Two 
thousand dollars with Williams WILLIAMS Sr and John RAMSEY his 
securities which was accepted by the Court.  Issued.

     Joshiah F. WILSON appeared in open Court and was thereupon 
appointed guardian of Lydia A.    Erwin C. & Vilet M. WILSON minor
 orphans of John A. WILSON deceased who Executed his bond in the sum of
 Eight hundred dollars with Adams MILLER and Aaron BOYD his securities 
which was accepted by the Court.

(134)
     On motion and it appearing to thesatisfaction of the Court what 
Sherwood DUNNAGAN hath departed this life leaving no last will and Aaron
 BOYD and James F. WARREN having applied for letters of administration 
on the said estate of said deceased and the Court being satisfied of 
their right to obtain them it is ordered by the Court that they Aaron 
BOYD and James F. WARREN be appointed administrators of the goods and 
chattles rights and credits of said intestate who gave bond with Adam 
MILLER and john LAWS their securities in the sum of six thousand dollars
 which was accepted by the Court, and took the oath prescribed by law.

     The last will and testament of Noah HEADLEY was this day presented 
in open Court by James PATTERSON and George R. PATTERSON Executors 
thereto, and on motion the Execution of said will was duly proven by 
the oath of Ezekiel HOGG and Joel S. HUGHS sunscribing witnesses 
thereto and took the oath prescribed by law.

     This day Robert N. WILLIAMS one of the administrators of Robert
 S. WILSON deceased appeared in open Court and presented an Inventory
 and account of sales of said estate which was received by the Court 
and ordered to be recorded.

     Elizabeth BILLINGTON Executor of the last will and testament of
 Samuel McCALL deceased and presented an inventory of the estate which
 was received by the Court and ordered to be recorded.

     Joseph DUNCAN Executor of the last will and testament of William 
DUNCAN deceased appeared in open Court and presented a statement of the
 estate of said William DUNCAN deceased which was received and ordered
 to be recorded.

     Martha E. SELPH a minor aged seven years old and David SELPH a 
minor aged four years old was this day bound by an order of this Court
 to John R. IRWIN the said Martha untill she arrives at the age of 
eighteen years and the said Davis untill he arrives to the age of 
twenty one years.

(136)
     On motion it is ordered by the Court that David NOWLIN be 
appointed overseer of the Lewisburg and McCollum gap road commenceing
 at Lewisburg and Terminateing at the North Corner of Russel BRYANTS’s 
fence and that he have the following hands to wit: William S. SMITH, 
Richard DOUGHERTY, J. M. HOUSTON, Pinkney M. WRIGHT, John O. WRIGHT, 
Richard B. MOORE and his hands to keep said road in repair.  Issued.

     An order made at the former term of this Court directing Martha 
ADAMS   William LITTLE   Houston PRICE & John LITTLE as a jury of review
 to turn the Shelbyville road from the end of Elisha FALWELL Lane on the
 line between said FALWELL and Pleasant A. WILSON a minor heir of James 
WILLSON deceased to said heirs North east corner then with said heirs
 North boundary line to the old road was returned with the following 
endorsed notes thereon “March the 30th 1838, We the com. have agreed 
with calls of the within order.”
                                          Houston PRICE
                                          William LITTLE
                                          Martin ADAMS
                                          John LITTLE
Which report being received and by the Court understood, was in all 
this affirmed and made the order of this Court.

     On motion it is ordered by the Court that Jason W. OGLIVIE   
Ephram H. McLAIN, John H. PRICE   Martin ADAMS & Joshua WHITE be 
appointed a Jury of view to change the Murfreesborough road which runs
 through John BAUCOMB Land if in their Judgement the good of the 
individual require it and that of the public not injured and make the 
report to the next term of this Court.   Issued.

     On motion it is ordered by the Court that Shadwick WEAVER receive 
from the County treasurer, for taking care and keeping Mary GRAVES a
 Lunatic for the next ensuing Twelve months fifty Dollars.

(136)
     On motion it is ordered by the Court that an order made at a 
former term of this Court appointing commissioners to assign to Robert 
DAVIS overseer of the road hands to work said road be revived and 
report to the next term of this Court.
     On motion it is ordered by the Court that Benj. WILLIAMS be 
appointed treasurer of the poor house of Marshall County and Executed
 his bond as the law directs.
     Court adjourned untill twelve o’clock to-morrow morning.
                                                John HATCHETT Chairman
                                                Thomas WILSON
                                                James V. EWING

     Tuesday morning April 3rd 1838.
     Court met according to adjournment present John HATCHETT Chairman 
  James V.EWING and Thomas WILSON, Gentlemen Justices of the peace 
proclamation &C.  The minutes of yesterday being read, and there being
 no further business to transact Court adjourned untill Court in Course.
                                          John HATCHETT    Chairman
                                          Thomas WILSON
                                          James V. EWING

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