MARSHALL COUNTY TENNESSEE COURT MINUTES–APRIL 1839 TERM
Page
(247)
April 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 tone
of Lewisburg the place appointed by law for holdin the several courts for said County the same
being the 1st day of April A. D. 1839 present Benjamin WILLIAMS Chairman Thos.
WILSON James V. EWING, B. C. BRANTLEY John HATCHETT, Robert JOHNSON,
Burgess HARDIN James L. EWING James ADAMS, William WILKES, Lile A. EWING,
James ELLIOTT, William COWDEN, Asa HOLLAND, S. C. CHETWOOD, Berry
MOORE, Peter WILLIAMS, William B. COOK, Thos. HARDISON, Jason SHUFFIELD
Gentlemen Justices of the Court of peace proclamation &C.
On motion it is ordered by the Court that James M. BOWDAN John WEAVER and James
C. RECORD be appointed commissioners for the poor house of Marshall County for one year
from this date and that said BOWDEN be treasurer of said establishment.
On motion it is ordered by the court that Ezekiel E. VERNER, Garshum BILLS Joseph
McDOWELL, Isaac W. WALKER, Jesse STEGALL be appointed a Jury of View to assess
damages to James ADAMA Andrew DYSART, & Robert L. DYSART in consequence of a
road marked out from John CHRISTOPHEES old place to the County line near John
PATTERSONS if in their Judgement they have sustained any damages or turn said road some
other route if in their opinion the good of thepublic require it and report thereon to the next Jury
term of this Court. Issued.
On motion it is ordered by the Court that that James BELL overswwe of the eoad from
Henry SUDES creek to Henry COLLINS have the hands on the following bounds, to wit: all
those who live or may live at the present residence of George A. ARMSTRONG George
BETHOON Shadrach MUSTEEN and Thomas COLLINS. Issued.
On motion it is ordered by the Court that Clark HOPWOOD be appointed overseer of the
McCOLLUMS Gap road from the north corner of Russell BRYANTS field to the south
boundary of C. HOPWOODS lot and have Thomas ROSS hands, Willis HOPWOODS hands
Ebenezer BECKS Henry THOMPSON Berry HOPWOOD J. F. PAXTON John
PAXTONS and hands and Thomas WHITE. Issued.
(248)
April Term 1839
On motion it is ordered by the court that Richard RANKIN overseer of the fayetteville road
from a little below his own house to the lower corner of the widow CANNON’s field have the
following hands, to wit: Beginning at said RANKIN’s and running east so as to include Peter
CARPENTER then south so as to include Francis B WOODS Then west to include David
RAMSEY Then North to the beginning so as to include Robert WILLIAMS Issued.
On motion it is ordered by the Court that Joseph WINSTON be appoint4ed overseer of the
road leading from James V. EWING to Davided FAUSETT and that he have the following
hands, to wit: Jonathan SMITH and hands John RHEA and hands Sion WRIGHT James
PATTERSON, George PATTERSON, John McDANIEL, Thos. NI X Jr. Elijah NIZ
Needham WIGGS, Robert L. WINSTINS hands William BARN’s Isaac GRAVES
Sherwood GRAVES John HARRIS George LONDON Giles HARRIS David FOSSETT
Gideon HARRIS hands David and Nathaniel HARRIS hands James HARRIS T. F.
WINSTON J. MORTON Garrison PETTIS and Wiley ROAM. Issued.
On motion it is ordered by the Court that John S. PHILLIPS be appointed overseer of the
McColums Gap road in the room of Sample ORR commenceing at the South corner of Clark
HOPWOODS lot and terminateing at William COLEMANS and that he have all the hands on
the waters of Preston’s fork of Richland creek north of the Cornersville road. Issued.
THE Jury appointed at a former term of this court to change the Pulaski road beginning at
Margaret HUGHES near Benjamin BINGAMON report as follows, to wit:
We the undersigned Jury being summoned and sworn as contempated by the within order
do agree that the road be change so as to leave Margaret HUGHES plantation entirely on the
right hand in passing down the creek. Given under our hands this 23rd of March 1839.
Hiram TWITTY
James McGAHEY
James WHITSETT
Benjamin BINGAMON
Robert BIGGERS X
his mark
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April term 1839.
On motion it is ordered by the court that Willis HOPWOOD Bedford ENDSLEY, John
CUMMINGS, James ADAMS and William WILLIAM Sr be appointed a Jury of View to
change a part of the public road leading from Lewisburg to the neighborhood of Joel YOWELL
that passes thru Thomas CUMMINGS plantation if in their judgement the good of the
individuals require it that of the public not injured and report thereon to the present term of this
Court. Issued.
The Jury appointed at the present term of this Court to change a part of the Lewisburg road
which passes through Thomas CUMMINGS plantation reports as follows, to wit:
We the subscribing having been summoned and duly sworn as the law directs to report on the
within named alteratio n in the road there in mentioned, now report that we are intimately
acquainted with proposed alteration and that we believe that the public will not be prejudiced
but that the interest of the partitioner could be much advanced by changeing of the road leading
from Lewisburg to Squre YOWELLS neighborhood reversing the order of things by leaving
said road as it now runs in partitioners plantation at a small stable with corn in the left thereof
running thence north with the lane to the line between partitioner and Robert NORMAN thence
west with this line intill it intersects the Lewisburg road all of which is submitted April 1st 1839.
Bedford ENSLEY
Willis HOPWOOD
William WILLIAMJS Sr
John CUMMINGS
James ADAMS
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 Lee SMITH be appointed overseer of the road
commenceing at the Giles County line at Lee SMITHS and terminateing at the Fayetteville road
near John PARKS and that he have all the road hands south of RICHLAND Creek and west
of said Fayetteville road. Issued.
(250)
April Term 1839.
The State of Tennessee, Marshall County Court April term 1839. Upon the application of
John W. CAMPBELL for a certificate preparetory to his obtaining license to paractice law. it
is ordered to be certified that he is a man of good moral character that he has attained the age
of twenty one years and that he is a citizen of Marshall County.
On motion it is ordered by the court that the heirs of Gideon PILLOW be released from
paying double tax for the year 1839.
The Jury of view appointed at a former term of this Court that to turn the Fayetteville &
Cornersville road reports as follows, to wit:
We the undersigned Jury of view after being sworn according to law this 9th day of March
1839 say that the road remain and not be changed,
J. SANDERS
J. G. LUNA
S. WILLIAMS
J. H. TALLEY
S. C. CHETWOOD
Which report being seen and by the Court understood was in all things confirmed and made
the order of the Court.
The Jury of view appointed at a former term of this Court to change a part of the Fayetteville
and Nashville road so as to run below Wright BRYANT’s spring reports as follows, to wit:
We the undersigned Jury of View agree that the road be changed agreeable to the order this
29th of March 1839.
S. C. CHETWOOD
Henry TALLY
Joseph MORRIS
Enoch RUST
Saml. FINLEY
Which report being seen and by the Court understood was in all things confirmed and made
the order of this Court.
The Jury appointed at a former term of this Court to change at part of the road leading from
Columbiato Murfreesborough also a part leading from Joseph BRITTIANS to Franklin also to
turn a part of the Nashville road commenceing at
(251)
the end of said BRITTIANS Lane reports as follows, to wit:
The undersigned being appointed and sworn to view and determined in the propriety of
Turning that of the Publick Road leading rom Columbia to Murfreesborough over which John
RAGSDALE is overseer do report that In our opinion the said Road ought to be changed as
follows to wit: taking off at or near J. H. BRITTAINS House running West so as to intersect the
old Road at the ford of the creed near the end of A. BOYETS lane. The Road leading from the
North end of said BRITTAINS Lane to Franklin over which Thos. POWELL was formerly
overseer. We think in our opinions should be changed at the said end of BRITTIANS lane and
run north Straight with Shelbyville to Franklin at or near the Corner of Thos. MURDOCKS field
on said road. We also think in our oppinions changed in the following nammer, to wit: Beginning
at a grove of Cedars near the North end of said BRITTAINS land and running North east so as
to intersect said Road at the Corner of Michael ROBINSON Lot all of which is respectfully
submitted for the consideration of the Court. This the 16th of March 1839.
Michael ROBINSON
W. H. HOWARD
Zephtha EZELL
J. P. FURGERSON
J. P. WARREN
Which report being seen and by the Court understood was in all things confirmed and made
the order of this Court.
(252)
April term 1839.
John Ramsey Executor for the last will and testament of John WILSON deceased appeared
in Court and returned an inventory of said estate which was ordered to be recorded.
John RAMSEY Executor of the estate of John WILSON deceased appeared in Court and
returned an account of sales of said Estate which was ordered to be recorded.
Aaron BOYD one of the administrators of the estate of Sherwood DUNNEGAN deceased
appeared in Court and returned an account of sales of said estate which was ordered to be
recorded.
John WEAVER Execu. of the estate of Martha WEAVER deceased appeared in Court and
returned an account of sales ordered to be recorded.
Gideon CHADWELL one of the Executors of the estate of Samuel VEST deceased
appeared in Court and presented an account of sales of said estate which was ordered to be
recorded.
Thomas ROSS one of the Administrators of Davis WILLIS deceased appeared in Court and
returned an account of sales of the estate of said WILLIS which was ordered to be recorded.
Charles HARDISON appeared in Court and was thereupon appointed Guardian of
Margaret Susan, John, Nediam and Elizabeth FOX minor orphans of William FOX deceased
he having Executed his bond in the sum of Tw humdred and fifty dollars with Jackson
LIGGETT his security which was accepted by the Court.
Isom DALTON a minor of the age of twelve years who this day bound as an apprentice to
John WEAVER untill he attains the age of Twenty one years.
It having ben represented to the satisfaction of this Court that Benton JONES a resident of
Carroll County Mississippi has departed this life leaving no will seized and possessed of effects
in this County, and Jessee N. LEDBETTER made application to this Court for Letters of
administration of all and singular rights and credits of him the said Benton JONES and the Court
being satisfied of his right to obtain
(253)
them The same is granted, it is therefore ordered by the Court that Letters of asministration
Issue accordingly he having executed his bond in the sum of seven thousand dollars with William
B. FAVOR and John W. DAVIDSON his security which was accepted by the Court he taken
the oath prescribed by law.
Martin W. OAKLEY clerk of this Court presented to this Court an account of a final
settlement made by him with William WILKS administrator of the estate of Janes WILKS decd
which report being seen and by the Court understood was in all things confirmed and ordered to
be recorded,
On motion it is ordered by the Court that Henry BISHOP be released from double tax for
the year 1839.
State of Tennessee )
vs ) Venira for June term 1839
Levi GARRETT & others)
On motion it is ordered by the Court that the following named persons be appointed to
attend and serve as Jurors at the next term of the circuit Court to be held for Marshall County
at the Court House in the town of Lewisburg on the first Monday in June next Viz; In civil
districts
No. 1 Levi GARRETT
“ ” James H. DAVIS
“ 2 Richard McREE
No. 3 Henry TALLEY & Jas. WILSON
“ 4 Griffith J. LEONARD
“ 5 Peter CARPENTER
“ 5 David YANCY
“ 6 Ezekiel E. VERNER
“ ” John RUSSELL
“ 7 John T. HARRIS
“ ” Joseph CLECK
“ 8 William M. HUGHES
“ ” John F. LITTLE
“ 9 Joseph H. BRITTIAN
“ 10 A. P. LILLARD
No. 11 William LIGGETT
“ ” George EWING
“ 12 Jonathan GREEN
“ 13 Joseph W. CALVERT
“ ” Joseph G. EDMONDSON
“ 14 Joseph DUNCAN”
“ ” Thomas WILSON
“ 15 George W. RECORD
“ ” Burgess HARDEN
All good and Lawful men above the age of Twenty one years and it is ordered by the court
that Joseph W. WINSTON and Ambros. R. LAREWOOD Constables for the 12th and 3rd
districts attend said Court on the capacity of constables.
(254)
And it is further ordered by the court that the sherriff of Marshall County summon said Jurors
and constables to attend at the court house in the town of Lewisburg on the first Monday in
June next, then and there to attend in the capacity of Jurors and constables during the term of
said Court. Issued
David McGAHEY )
vs )Appropriation for costs of State Causes &C
Marshall County )
This day David McGAHEY clerk of the circuit Court of Marshall county presented in Court
that following Bills of cost in State causes wherein the Circuit Court entered Judgement against the
County of Marshall which bills are as follows to wit:
1. State of Tennessee)
vs )
Andrew NIELTONS)
Attorney General THOMAS $ 2.50
Clerks fees 4.87 ˝
Sheriff BEATY $3.00 HILL .29 3.29
________
$10.66 ˝
2. State )
vs ) Clerks fees $6.87 ˝
James SHEHAM)
Sheriff HILL 1.87 ˝ RECORD 25 ROSS 50 3.62 ˝
MEADOWS 50 CAMPBELL 50 1.00
_______
$14.00
State )
vs )
Cunningham H. BURNS)
Attorney General $2.50
Clerks fees 5.25
Sheriff BEATY $2.00 ROSS 50 2.50
________
$10.25
State )
vs )
James SHESHANE)
Attorney General $2.50
Clerks fees 2.50
Sheroff HILL 75 ROSS 50 1.25
_______
$6.25
(255)
State of Tennessee)
vs )
John REYNOLDS)
Attorney General $2.50
Clerks fees 4.50
Sheriff BEATY 1.00 BULLOCK 25 1.25
CARUTHERS .50
Witness FLEMING 4 days & 90 miles 6.60
_______
$15.35
State )
vs ) Attorney general $2.50
William DOBBS) Clerks fees 3.37 ˝
Sheriff HILL 87 ˝- ROSS 1.00 1.87 ˝
_______
$7.75
State )
vs ) Attorney 2.50
William C BRYANT) Clerks fees 4.75
Sheriff ROSS $1.50 –HILL 1.7 3.20
__________
$10.50
S State )
vs ) Attorney General $2.50
Martin PERRY) Clerks fees 1.75
Sheriff BEATY 1.00
________
$5.25
State )
vs ) Attorney general $2.50
Stephen WATSON) Clerks fees 2.87 ˝
Sheriff BEATY 1.50- HILL 50 2.00
Witnesses Jno. WEBB 75- Ch HARDISON 75 1.75
______
$8.87 ˝
State )
vs ) Clerks fees $1.00
Richardson GILL)
Field J P 50- LIGGETTT 1.00 1.50
Witness before J P E. LONG 25
Martha D. ORMAND 25 .50
_______
$3.00
(256)
State ) Attorney $2.50
vs ) Clerks fees 6.25
Isaac EMMERSON)
Sheriff HILL 1.25- ROSS 2.25 3.50
“ Hardin county 1.25
“ EDWARDS Special Deputy .25
_______
$10.50
State )
vs ) Attorney General $2.50
FANNING & JONES) Clk. fees 2.00
_______
$4.50
Amounting in all to the sum of one hundred and thirty dollars & eight cents & one half cent. And
it further appearing to the satisfaction of the court from the Certificate of the attorney General of
the Eighth solicitional district in the State of Tennessee that the county of Marshall should pay
said bills so soon as the County Court of Marshall should make an appropariation therefore. It
is therfore ordered by the Court that the trustee pay the amount of said Bills to gether with the
Costs of this order out any moneys in his hands not otherwise appropriated, a majority of the
Justices of peace of said County being present and voteing to wit, ayes affirmative as follows:
COWDEN, COOK, ELLIOTT, CHETWOOD, CUMMINGS, ADAMS, L. A. EWING,
BRANTLEY, SHUFFIELD, HARDISON, J. L. EWING, P. WILLIAMS, B. WILLIAMS,
MOORE, WILKS, HOLLAND, JOHNSTON, HARDIN 19- noes none. Issued.
John Weaver ) Appropriation for the Commissioners of Poor
vs ) House.
Marshall County )
On motion it is ordered by the court that the Treasurer of the Poorhouse of Marshall County
pay John WEAVER Twenty Dollars out of any money in his hands not otherwise appropriated
for services at commissioner of the Poor house of Marshall County for the year 1838, the
following Justices of the peace being present as voting in the affirmative to wit: COWDEN,
COOK, ELLIOTT, CHITWOOD, ADAM, L.A. EWING, BRANTLEY, J. L. EWING
J. V. EWING, P. WILLIAMS, WILSON, HATCHETT, MOORE, WILKS, JOHNSON
B. WILLIAMD, 16, noes none. Issued
Shadrach WEAVER ) Appropriation for keeping Lunatic.
vs )
Marshall County )
On motion it is ordered by the Court that the Trustee of Marshall County pay unto Shadrach
WEAVER the sum of Fifty dollars together with the cost of this order out of any moneys in his
hands not otherwise, appropriated, for keeping of and taking care of Mary GRAVES a lunatic
for the year 1838 ending this day, a majority of the Trustices of the Peace for said County being
present & voting in the affirmative as follows, to wit, COWDEN, COOK, ELLIOTT,
CHITWOOD, CUMMINGS, ADAMS L. A. EWING, BRANTLEY, SHUFFIELD,
J. L. EWING, HATCHETT, MOORE, WILKS JOHNSTON, B. WILLIAMS, 16.
Nones none. Issued.
Shadrach WEAVER) Appropriation for keeping for the
vs ) year 1839.
Marshall County )
On motion it is ordered by the court that the Trustee of Marshal County pay unto Shadrach
WEAVER the sum of fifty dollars together with the costs of this order out of any moneys in his
hands not otherwise appropriated for keeping and taking care of Mary GRAVES a Lunatic for
one year from this day whenever he satisfies the trustee aforesaid that the services herein
contemplated have been rendered. A majority of the Justices of the peace of said County line
being present and voting in the affirmative, to wit, COWDEN, COOK, ELLIOTT
CHITWOOD, CUMMINGS, ADAMS, L. A. EWING, BRANTLEY, SHUFFIELD,
J. L. EWING, P. WILLIAMS, WILSON, HATCHETT, MOORE, WILKS, HOLLAND
JOHNSTON, B. WILLIAMS, & HARDIN-12. Noes none.
State of Tennessee )
vs )
Mrs. W. D. MYERS)
On motion and it appearing to the satisfaction of the Court, that the wife of Marmaduke
MYERS is labbring under an alienation of mind. It is therefore ordered by the Court that the
Sherriff of Marshall county summon a Jury of twelve good and lawful men of the body of
Marshall County to examine into the condition of the said Mrs. MYERS and report their
proceedings thereon to the July term of this court.
Issued April 4th 1839.
On motion it is ordered by the Court that M. D. DREVER and Frances C. FINDLEY
procure a crow bar and sledge hammer for the benefit of the roads which they are overseer.
B. WILLIAMS and Nathaniel T. MOORE revenue commissioners presented to this Court
an account of a settlement made by them with the Trustee of Marshall county finding in hands
the 11th March 1839 the sum of one hundred and seventy nine dollars 93 balance-------
&179.93.
The jury of view appointed at a former term of this Court to mark out a road commenceing
at the Nashville road or near RANKINS old shop and to intersect said road near John C.
LUNA’s reports as follows, to wit;
We the undersigned Jury if view have viewed said road and marked the road according to
the within order this 23rd day of March 1839.
Thos. BRENTS
S. C. CHITWOOD
Dal. BLAKEMORE
Josiah BLACKWELL
Geor. M CUNNINGHAM
John ORR
which report being seen and by the Court understood was on partition of Mary ENDSLEY &
others in all things rejected and is not the order of this Court.
On motion Court adjourned untill 10 oclock tomorrow morning.
B. WILLIAMS Chairman
Asa HOLLAND J. P.
Robert JOHNSTON J. P.
Tuesday Morning April 2nd 1839
Court met according to adjournment present Benjamin JOHNSON, Burgess HARDEN,
James ELLIOTT, Thomas WILSON, James L. EWING Jas. V. EWING, B. C. BRANTLEY
and Lile A. EWING Gentlemen Justices of the peace proclamation &C.
On motion it is ordered by the court that William H. RECORD be appointed overseer of the
road commenceing at Lewisburg and terminateing at the west end of John W. RECORDS lane
and that he have the hands who worked under the former overseer. Issued.
Martin W. OAKLEY clerk of this Court presented to this Court an account of a settlement
made by him Josiah F. WILSON Guardian of the minor heirs of John A.[?] WILSON deceased
for the year 1839-which report being seen and by the Court understood was in all things
confirmed and ordered to be recorded.
John WEAVER and James C. RECORD who was appointed commissioners of the poor
house establishment appeared in Court and took the path prescribed by law.
On motion it is ordered by the court that all the citizens residing or owning property in
Marshall County who tested the same before the forst Monday double tax for the year 1839.
James W. BOWDEN appointed treasurer of the poor house for Marshall County appeared in
Court and Executed his bond for one thousand dollars with John R. HILL his security and took
the oath prescribed by law.
Tuesday April 2nd 1839.
James V. EWING ) Allowance as member of Quorum Court
vs ) for 1839
Marshall County )
On motion it is ordered by the court that the Trustee of Marshall County pay to Tho.s
WILSON the sum of fifty cents and to Asa HOLLANDthe sum of sixteen dollars and fifty cents
and to James V. EWING the sum of sixteen dollars and fifty cents and the cost of this order for
their services as Members of the Quorum Court for the year 1838, the dollowing Magastrate
being present and voteing in the affirmative Viz. Ayes COWDEN, COOK, ELLIOTT,
CHETWOOD, BRANTLEY, J. L. EWING, MOORE, LILLARD, WILKS JOHNSON,
B. WILLIAMS & HARDEN12, Noes– And therefore Court adjourned untill Court in Course.
B. WILLIAMS Chairman
B. HARDIN J.P.
James V. EWING J.P.
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