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MARSHALL COUNTY TENNESSEE COURT MINUTES–APRIL 1840

Page
(354)
     The State of Tennessee Marshall County.
     At a County Court begun and held at the County 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 April the same being the 
6th day of the month A.D.1840 present Benjamin WILLIAMS, John 
HATCHETT, James ADAMS, James V. EWING, Burgess HARDEN, Thomas WILSON, 
William B. COOK, B. C. BRANTLEY, John T. HARRIS, Robert JOHNSON, Williams 
WILKS, Ephraim HUNTER, Andrew LAIRD, A. F. LILLARD, Joseph H. BRITTIAN, 
Thoma s HARDISON, John FIELD, William CLIFT, George W. McBRIDE, Harris 
MAULDEN, Gentlemen Justoces of the peace proclamation & C.
     The following proceedings were had.
     On motion it is ordered by the Court that Benjamin WILLIAMS and 
Joseph H. BRITTIAN be appointed Revenue commissioners to settle with the
 County officers for the year 1840

     Frances TANKESLY came into Court & Proves to the satisfaction of 
the Court by the oath of Joseph McCORD and John TANKESLEY Jr. that she is
 the widow od the late John TANKESLY decd of Marshall County who was a 
pentioner of the United States.

     On motion it is ordered by the Court the the Sheriff of Marshall
 County Bring the children of Cyntha MAYS before the Justices if our 
next county Court then and there to be delt with as the Law directs.  
Issued.
  
     On motion it is ordered by the Court that the Sherriff of Marshall
 County summon a Jury of inquest to inquire into the mind & Lunacy of 
Sally STEPHENS and report thereon to the next term of this Court.

     Asa HOLLAND appeared in Court and presented a commission signed by 
the Govenor of the State of Tennessee commissioning him as a justice of
 the peace, And thereupon took the several oaths prescribed by law.

     On motion it is ordered that Burgess HARDEN   John HATCHET and John
 FIELD be appointed a committee to settle with the commissioners of the 
Town of Lewisburg & trusting.

(355)
     On motion it is ordered by the Court that John W. COOK be and he is 
hereby authorized to Hawk and peddle in Marshall County and retail goods 
wares and merchandise in his own name and for his won special benefit 
and for no other purpose a majority of Kustices of the peace being 
present and voteing the affirmative, to wit, CLIFT, COOK, JOHNSTON, 
MAULDIN, CHITWOOD, ADAMS, HUNTER, BRANTLEY, HARRIS, BRITTAIN, LAIRD, 
LILLARD,   FIELD, HARDISON, ANDERSON, James V. EWING, WILKS, WILSON.
 B. WILILAMS & HARDIN 20. Noes none. Issued.

     On motion it is ordered by the Court that the County Tax be levied 
as follows to wit, 5 cents on each $100 dollars worth of property and 
12 ½ cents on each white poll and 1 1/2cts on each $100 worth of 
property for the poorhouse establishment.

     Clerk of the Circuit Court et al) Appropriations & C
                    vs               )
      Marshall County                )
     David MaGAHEY clerk of the Circuit Court of Marshall County 
presented in court the following Bills of costs in State Causes wherein
 the circuit Court entered Judgement the County of Marshall which Bills 
are as follows, to wit,
 
     State of Tennessee)
             vs        )     Nol proad.
     George W. REYNOLDS & David H. HAYNES
Attorney general Clerk, Sherriff & fitness fees $6.25

(356)
    State of Tennessee )
             vs        )   Nol Proad
     Harden DAVIS      )
Attorney General clerk Sherriff & witnes fees    $4.87 ½

     State of Tennessee)
             vs        )   No. Proad.
     James M. WRIGHT   )
Attorney General clerk Sherroff & witnesses fees    $12.50

     State of Tennessee )
             vs         )    Nol proad.
     Calvin J. HAISLIP  )
Attorney General clerk Sherriff & witnesses fees    $6.75

     State of Tennessee)
                vs     ) Judgement vs County for cost.
     William HESTER    )
Attorney General clerks Sheriff & witnesses     $27.46 ½

    State of Tennessee)
              vs      )    Nol pros.
     James RUTLEDGE   )
Attorney General clerk Sherriff & witnesses      $5.50

     State of Tennessee)
           vs          )      Nol pros.
     William HESTER    )
Attorney General clerk Sherriff ‘ witnesses       $17.58

     State of Tennessee)
               vs      )     No. pros.
     Robert A DAWSON   )
Attorney General clerk Sherriff & witnesses    $5.00

(357)
     State of Tennessee)
              vs       )    Nol proad.
     William LONG      )
Attorney General clerk Sherriff & witnesses fees   $5.50

     Amounting in all to the sum of one hundred and Eight dollars and 
79 ½ cents and it further appearing to the satisfaction of the Court 
from the certificate of the attorney General of the eight solisitorial 
districts of the State of Tennessee that the County of Marshall should 
pay said bills as soon as the County Court of the County of Marshall 
should make an appropriation therefore it is therefore ordered by the
 Court that the Trustee of Marshall County pay the amount of said Bills
 of one hundred and Eight dollars and 29 cents and the cost of this 
order out of any moneys in his hands not otherwise appropriated a 
majority of the Justices of the peace3 being present and voteing in the
 affirmative, to wit, CLIFT   COOK   MAULDEN, CHITWOOD, ADAMS, HUNTER, 
BRANTLEY, LA. EWING, HARRIS, BRITTIAN   HARDISON, FIELD, ANDERSON,
 WILSON, B. WILLIAMS, and HOLLAND, 16.  Noes none. Issued.

      David McGAHEY) Appropriation for Books $28
            vs                    )
     Marshall County   )
     On motion it is ordered by the Court that the trustee of Marshall 
County pay to David McGAHEY the sum of Twenty eight dollars together 
with the cost of this order for Books purchased by him for his office 
out of any moneys in his hands not otherwise appropriated, the following
 Justices of the peace being present and voting in the affirmative, to 
wit, CLIFT   COOK, MAULDIN, CHETWOOD, ADAMS, HUNTER, BRANTLEY, HARDISON, 
FIELD, ANDERSON, WILSON, BWILLIAMS   and HOLLAND 16. Noes none Issued.

     Quoram Court   )   Appropriation per day $1.50
            vs      )
     Marshall County)
     On motion it is ordered by the Court that the Trustee pay to the 
quo-

(358)
ram Court the sum of one dollar and fifty cents per day for their 
services as a Court of quoram for the year 1839- the following Justices 
of the peace being present and voting in the affirmative, to wit, CLIFT,
 MAULDEN, CHITWOOD, BRANTLEY, HUNTER   L.A.EWING, HARRIS, HARDIN, FIELD,
 ANDERSON, WILSON, B. WILLIAMS, 12. Noes none.
     Issued to HOLLAND this 13th June 1840.  Issued to JOHNSTON July 6th
 1840.  Issued to WILSON 4 days.  Issued to James V. EWING July 7th 
1840.

     Revenue Commissioners)   Appropriation $9 each
           vs             )
     Marshall County      )
     On motion it is ordered by the Court that the Trustee of Marshall 
County pay unto the revenue commissioners the sum of Nine dollars each 
for takeing and returning a list of taxable property and polls for the 
year 1840.  A majority of the Justices of the peace being present and 
voting in the affirmative to wit, CLIFT, COOK, McBRIDE, JOHNSON, 
MAULDEN, CHETWOOD, HUNTER, BRANTLEY   L.A. EWING, HARRIS, HARDISON, 
ANDERSON, WILKS, WILSON, B. WILLIAMS, & HOLLAND 16, Noes none.
     Issued CUMMINGS April 17th 1840 to CLIFT 25th May 1840   BRANTLEY
 May 29th Asa HOLLAND Issued 13th June 1840, Issued to Wm. J. ANDERSON 
Nov. 1840- B. HARDIN June 10th 1840.  Issued to John T. HARRIS July 6th
 1840. Issued to FIELD August 3rd 1840. Issued to Thos. WILSON 17th 
Aug. 1840 to McBRIDE–Issued to Berry 
MOORE.

     S. WEAVER       )   Appropriation for keeping a Lunatic $50
          vs         )
     Marshall County )
     On motion ut us irdered by the Court that the Trustee of Marshall 
County pay to Shadrach WEAVER the sum of Fifty dollars for keeping Mary
 GROVES a Lunatic for the year ending the first day of April 1840 out 
of any moneys in his hands not otherwise appropaited, a majority of the
 Justice of the peace being present and voting in the affirmative, to 
wit, CLIFT   COOK, McBRIDE, JOHNSON, MAULDEN, CHITWOOD, HUNTER, 
BRANTLEY, L.A. EWING, HARRIS, HARDISON, ANDERSON, WILKS, WILSON, B. 
WILLIAMS and HOLLAND 16. Noes None. Issued.

(359)
     Samuel WINSTEAD)   Appropriation $1500
             vs     )
     Commissioner of the Town of Lewisburg
     On motion it is ordered by the Court that the commissions of the 
Town of Lewisburg pay to Samuel WINSTEAD the sum of fifteen hundred 
dollars out any public Moneys in their hands arising from the sale of
 Lots in the said Twon not other wise appropriayed, the following 
Justices of the peace being present and voteing in the affirmative, to 
wit, CLIFT, COOK, JOHNSON, MAULDEN, CHETWOOD, ADAMS, HUNTER, BRANTLEY, 
HARRIS, BRITTIAN LAIRD, LILLARD, HARDIN, FIELDS, ANDERSON, EWING, 
WILKS, WILSON, WILLIAMS & HARDISON 20. Noes none. Issued.

     The Jury of View appointed at a former term of this Court to lay 
off and mark out a road commenceing at Josiah DUNCAN saw Mill and 
terminateing at the Cornersville road near James C. RECORDS- reports as
 follows, to wit,
     The undersigned freeholders having been summoned by the Sherriff of
 Marshall County and duly sworn as a Jury of View to lay off the road 
described we the annexed order have proceeded to perform the duty 
assigned then and do agree upon and make the following report to wit, 
The road shall begin at Josiah DUNCANS saw mill and run south across a
 small branch thence west with the said DUNCNAS and R. M. HILLS line to
 a small drean thence on the east side of said drean to the said HILLS 
Grist Mill thence with the road to the said HILLS House thence along his
 lain to Greenville SMITHS apple orchard thence leaving the said SMITHS 
apple orchard and House on the right to the Columbia road thence with 
the said Columbia road to the corner of J. C. RECORDS and P. W. 
McCORKLES link to a small branch thence down said branch to a large ded
 black oak on the right hand side of said branch thence to the road that
 leads from Lewisburg to Cornersville where the same turns the corner 
of James HENRYS fences they have thus laid out the said

(360)
road to the greatest advantage to the inhabitants and as little as may 
be to prejudice of of inclosures to the best of their Knowledge and 
skill all which they respectfully submit to the consideration of the 
worshipful Court the 6th of January 1840.
                            Thomas McKNIGHT (seal)
                            Spradley TURNER (seal)
                            Patrick W. McCORKLE (seal)
                            A. B. ALEXANDER (seal)
                            Joshiah DUNCAN (seal)
                            Hiratio M. PHILLIPS (seal)
which report being and by the Court understood was in all things 
confirmed and made the orderof this Court, ammajority of the Justices of 
the peace being present and voteing in the affirmative.

     On motion it is ordered by the Court that Jas. A.  POWELL   
Benjamin F. HOUSTON, James McCONNELL, John WILSON, Squire LARAEN, Hiram 
WILSON, Green WILSON to be appointed a Jury of View to asess damages to 
Greenville SMITH and James C. RECORD inconsequence of a road that has 
been viewed by a former Jury & Establishment by the Court commenceing at
 Josiah DUNCANS saw mill and terminateing at the cornersville road near 
James HENRY’s which said road runs through the Lands of the said SMITH & 
RECORD or turn said road some other route if in their judgement they 
think they have sustained any damages in consequence of said road 
takeing into a consideration the good of the public and that of 
individuals and report thereon to the next July term of this court. 
 Issued.

     Joseph DAVID administrator of the estate of James DAVIS decd 
appeared in Court and returned an account of sales of said estate which
 was ordered to be recorded, also an Inventory of said estate.

     John P. HUGHES administrator of William HUGHES decd appeared in 
Court and returned an account of sales of said estate which was ordered
 to be recorded.

     S. C. CHETWOOD administrator of Sarah CHETWOOD decd appeared in 
Court and returned an account of sales of said estate which was ordered
 to be recorded.

(361)
     John VINCIENT administrator of John RITCHIE decd appeared in open 
Court and returned an inventory an account of sales of said estate 
which was ordered to be recorded,
    
     The commissioners appointed at a former term of this Court to set 
apart one years provision to the widow of John RITCHIE decd reports as 
follows to wit,
     Pursuant to an order of the Court of Marshall County March term 
1840 appointing William COWDEN   Ashley MOORE   William WILES, William
 ORR & Robert ORR commissioners to lay off and set apart one years 
provision for Elizabeth RITCHIE from the death of her husband John 
RITCHIE Jr.decd this 25th day of March 1840 as follows, to wit, All the
 corn on hand except Ten Barrels supposed to ne about sixty Barrels, all
 the bacon on hand supposed to be about Eight hundred pounds, and all 
the laird and soap on hand all the wheat on hand except Ten bushels 
supposed to be about ten bushels left and all the gorwing crop of wheat 
Two stacks of fodder and one stack of oats, Twenty five pounds of picked
 cotton, Fifty pounds of coffee sixty pounds of sugar and one bee hive 
one barrel of salt not to weigh less than three hundred neat, one cow 
and calf instead of beef which could be allowed by law, 1 pound peper 
one pound spice 1 pound of ginger.
                       Robert ORR
                       William WILES
                       Ashley MOORE
                       Wm. COWDEN
Which report being seen and by the Court understood was in all things 
confirmed and made 
the order of this Court.
     Calvin H. HOLT administrator of John H. MOORE decd appeared in 
Court and returned an additional account of sales of said Estate which 
was ordered to be recorded.

     It appearing to the Court that Polly Williams RITCHIE is ab orphan
 and minor and now resides in the county of Marshall and who have no 
guardian Known to the Court and she not being fourteen years of age, And
 the Court hereby appointed Jeremiah HENDRIX having entered into bond in
 the sum of Eleven hundred dollars with Charles WILLIAMS and Harry BRAY 
his security for his sour guardianship and the same is accepted by the
 Court.

     On motion it is ordered by the Cour that the following persons be 
release from Double tax for the year 1840, to wit, Sally BECK, Robert 
McCORD, Wm. BIGHAM, Hollan COLLINS, James COLLINS, Thos. N. BARHAM, 
Wright WILLIAMS, David GREEN Jr.  L. H. TWITTY, John DOLTOB, William D. 
HOUSE, Jane WAKEFIELD, W. T. W. WAKEFIELD, Zachariah MAYHU, Lawrence 
BOND, Isham HOUSE & John F. GLENN.

     A Jury of Inquest summoned by the Sherriff of Marshall County to 
inquire into the mental condition of David CARR, Charles CARR and Susan 
CARR reports as follows to wit, The undersigned freeholders of Marshall
 County having been duly summoned and sworn as a Jury in inquire into 
the mental Condition of Charles CARR, David CARR & Susan CARR, after 
investigation the matter do find that the said Charles CARR, David CARR
 & Susan CARR or neither Idiots nor Lunaticks & are Capable of Managing
 their own affairs with safety to themselves and others: This second
 April 1840
                               James BAXTER
                               Thomason HARDISON
                               W. J. ANDERSON
                               H. BRAY
                               Joseph DAVIS
                               William A. RECORD
                               J. LIGGETT
                               Elias STILWELL
                               James B. RECORD
                               Henry S. WILSON
                               Branson McCASLIN
Which report being seen and by the Court understood was in all things 
confirmes and made the order of this Court.

(363)
     State of Tennessee   )   Venera for May term 1840.
           vs             )
     William HAYS & others)
     It is irdered by the Court that the following mamed person be 
appointed to attend and serve as Jurors at the next May term of the 
Circuit Court to be held for Marshall County at the Court house in the 
Town of Lewisburg on the fourth Monday in May next (viz)
        In Civil District.
No.1 Williams HAYS, Cary T. KELLY     7 John R. JONES
      2 Henry BISHOP                  “ Gabriel LONG
      3 Harris MAULDIN                8 Thomas C. H. MILLER
      “ Williams FINDLEY              9 Samuel RADFORD
      4 Thomas BRENTS                 “ John H. HOLT
      “ John ORR                     10 George H. ALLEN
      5 Martin WISNER                k1 Thomas HARDISON
      “ Josiah BLACKWELL             “  James D. EWING
      6 Ephraim HUNTER              12  Jonathan SMITH
      “ Benjamin C. BRANTLEY         “  James PATTERSON
Civil District
No. 13 James HOUSTON
    “ John F. BYSART
    “ John F. BRYANT
   14 John W. RECORD
   15 William B. HILL
    “ James C. RECORD
All good and lawful men above the age of Twenty one years and is ordered
 by the court that Moses W. HELMS and John CUMMINGS constables for the 
12th and 5th districts attend said Court in the capacity of Constables 
and it is further ordered by the Court that the Sherriff of Marshall 
County summon said Jurors and constables at attend at the Courthouse in
 the Town of Lewisburg on the fourth Monday in May next then and there 
attend in the capacity of Jurors and constables duren the term of said 
Court- Issued.

     The Jury appointed at a former term of this Court to change a part
 of the Murfreesborough road that runs thru John LAIRDS Land reports as 
follows, to wit,     We the undersigned Jury of View having been 
appointed by the Honroable County Court of Marshall to view a part of
 the road

(364)
Leading from Columbia to Murfreesborough through the land of John LAIRD 
do report that in our opinion the said road should be changed as follows
 (viz) to commence at end of Widow WALLACE Lane running south about one 
hundred yards thence runing west 150yardsso as to intersect the old road
 near widow LAIRDS which removed we think will be no Inconvenience to 
the public but great convenience to the propriator Sept. the 21st 1839
 the undersigned having been duly sworn.
                          Joseph H. BRITTIAN
                          L. BULLOCK
                          John RAGSDALE
                          S. RADFORD
Which report being seen and by the Court understood was in all things 
confirmed and made the order of this Court a majority of the Justices of 
the peace being present.

     On motion it is ordered by the Court that Joel HART be appointed 
overseer of the road commenceing at the corner of John DEANES fence and
 terminateing at the Lewisburg road near Thomas ROGERS and that he have
the former hands.  Issued.

      The Jury of view appointed at a former term of thisCourt to change
 a part of th road leading from Lewisburg to Murfrysborough reports as 
follows, to wit, commenceingt near Joseph W. WILSONS north Boundary 
lien and running to the west end of Martin ADAMS have met agreeable to
 order & marked out agreeable to the same Marshall County Tennessee 
Jury Duly sworn.
                           Martin ADAMS
                           Samuel GROVES
                           E. E. THOMPSON
                           Joseph WILSON
                           E. R. McLEAN
                           Jason W. OGILVIE
Which report being seen and by the court understood was in all things 
confirmed and made the order of this Court a Majority of the Justices of 
the Peace being present.

(365)
     Sandy G. COOK a constable of Marshall County appeared in Court and 
presented his resignation as constable as aforesaid which was received 
by the Court.

     The Jury appointed at a former term of this Court to change a part 
of the road leading from Lewisburg to Cornersville reports as follows, 
to wit, The undersigned being appointed and sworn to view and dertermine
 on the propriety of turning that part of the public road Leading from 
Lewisburg to Cornersville over which William TURNER is overseer do 
report that in our opinion the said road ought to be changed as follows.
  Beginning opposite Colo. Levi COCHRAN dwelling house & thence north 
to a stake in the said COCHRANS meadow leaving the proper width of the
 road west of said stake thence to the said COCHRANS lane, thence 
intersecting the oldroad.  All which is respectfully submitted to the
 consideration of the 
Court this 21st day of March A.D. 1840.
                                  Thomas McKNIGHT
                                  John B. FOWLER
                                  Wm. DAVIS
                                  N. McKNIGHT
                                  Abraham TALLY
Which report being seen and by the court understood was in all things 
confirmed and made the order of this Court.  A Majority of the Justices
 of the peace being present.

     The Jury of view appointed at a former term of this Court to lay 
off and mark out a road from Lewisburg to intersect the Columbia road at
 Henry BRAYS reportsas follows, to wit,
     The undersogned freeholders having been summoned by the sherriff 
of Marshall County and duly sworn as Jury of view to lay out the road as
 described in the within order have proceeded to view said described 
road and find that they can not without injuring individuals more than 
the public good would be enhanced all of which is respectfully submitted
 to the worshipful Court this 1st day of April 1840.
                               Elisha HURT
                               Shadrach TILMAN
                               Jonathan SMITH
                               George W. RECORD
                               Jas. V. EWING

(366)
Which report being seem and by the Court understood was in all things
 confirmed and made the order of this Court, a Majority of the Justices 
of the peace being present.
     The Jury of View appointed at a former term of this Court to mark 
out a road from the north end of the bridge across Duck river to RAINEYS
 Store reports as follows to wit, To the worshipful the County Court of 
Marshall County, We the undersigned being apointed a Jury of view and
 mark the road from the north end of the bridge on duck river in said 
County to RAINEYS store (Caney spring report as follows commenceing at
 the said bridge thence runing to the south west corner of John 
ALDRIDGES farm thence on the west side of said farm through ALDRIDGES
 lot to the north side of said encloseure to a point near said 
ALDRIDGES House thence in anorthward direction as it is marked by
 ----- on the timber to the road Leading from said RAINEYS Store to 
McLEANS Mills at a point on said road near the south east Corner of 
George H. ALLENS farm all of which is respectfully submitted.
                        A. F. LILLARD
                        G. I. ALLEN
                        A. C. WILSON
                        Ephram GREEN
                        G. H. ALLEN
                        Saml. McLEAN
Which report being seen and by the Court understood was in all things 
confirmed and made the order of this Court, a majority of the Justices 
of the peace being present.

     On application of William WILKS administration of Jane WILKS decd 
and it appearing to the satisfaction of the Court that said WILKS held 
three vouchers as administrators aforesaid which were not produced and 
allowed by the clerk upon settlement with said administrator.  It is 
therefore ordered by the Court that said clerk allow said administrator
 the vouchers aforesaid as a credit provided they are just and in legal
 form.

(367)
     On motion it is ordered by the Court that James SANDERS   James 
B. TALLY, James LOWRY, Henry TALLY, Wm. CARUTHERS and Samuel TALLY be
 appointed a Jury of view to lay off and mark out a road commenceing and
 leaving the Nashville road at the lane between Mr. Orson GRAYS Land & 
Mrs. BATYS along said line till it crosses the Creek thence the line 
between LAREWOODS and MERRITS untill comes to Mrs. DRIVERS line thence
 along said line between MERRITTS and Mrs.DRIVERS also the line between
 said MERRITT and WELCH to the county line if in their opinion the good 
of the public require it and that of individuals not injured and report 
to the next July term of this Court.  Issued.

     It having been represented to tthe satisfaction of the Court that 
John HURT has died leaving no last will and testament and who was a
 resident of Marshall County and Ephrain HUNTER appeared in Court and
 made application for letters of administration of all and singular the
 goods and chattles rights and credits of him the said HURT decd and 
the Court being satisfied of his right to obtain them the same is
 granted he having Executed his bond inthe sum of Two hundred and fifty
 dollars which was accepted by the Court the same is granted it is 
there fore ordered by the Court that Letters Issue accordingly he taken
 the oath prescribed by law.

    James EDWARDS who was appointed who appointed Guardian of Mahenry 
Ann BRIDGES at a former term of this Court appeared in Court and entered
 into bond in the sum of Eleven hundred dollars with F. H. RICHARDSON 
his security for his said guardianship in adition to his former bound 
it is therefore ordered by the court that the said EDWARDS be
 continued as aforesaid.

(368)
     Wilson P. DAVIS) Appropriation Jailer $24.12 ½
          vs        )
     Marshall County)
     On motion it is ordered by the Court that the Trustee of Marshall 
County pay unto Wilson P. DAVIS the sum of twenty four dollars and 12 ½
 cents for boarding prisoners in Jail out of any moneys in his hands 
not otherwise appropriated the following Justices of the Peace being 
present and voteing in the affirmative, to wit, CLIFT, COOK, JOHNSON, 
MAULDEN   CHITWOOD, ADAMS, HUNTER, BRANTLEY, L. A. EWING, HARRIS, 
BRITTIAN, HARDISON, FIELD, ANDERSON, WILSON, B. WILLIAMS & HOLLAND 17. 
Noes none Issued.

     James M. BOWDEN       )   Appropriation $20
               vs          )
     Treasurer of Poorhouse)
     On motion it is ordered by the court that the Treasurer of the 
poorhouse pay unto James M. BOWDEN the sum of Twenty dollars for his 
services and commissioner and treasurer of said establishment out of any
 moneys in his hands not other wise appropriated, the following Justices 
of the peace being present and voting in the affirmative, to wit, CLIFT,
 COOK, McBRIDE, CHETWOOD, ADAMS, HUNTER, HARRIS, BRITTIAN, LAIRD   
LILLARD, HARDISON, Jas. V. EWING, WILKS, WILSON, B. WILLIAMS and 
HATCHETT, 16, Noes none. Issued.

     The Jury of view appointed at a former term of this Court to 
assess damages to James ADAMS and Andrew DYSART in consequence of a 
public highway marked out and established through their land reports as 
follows, to wit, We the Jury having qualified to view the road marked 
out Leading from John CHRISTES old place to the County line near John 
PATTERSONS we after a minute Examination find it inexpedient 
Examinations to move any part of it, neither do we believe that their
 out to be any damages allowed to any person- April 4th 1840.
                    Jas. BRECHEM
                    Henry B. ERWIN
                    Robert A. PATTERSON
                    Ebenzer NEWTON
                    Albert MONTGOMERY
Which report being seen and by the understood was in all things
 confirmed and made the order of this Court.  A majority of the 
Magistrates present.

(369)
     April 1840.
     Thos BOAZ appeared in Court and presented his resignation is 
constable of Marshall County which was accepted by the Court.

     On motion it is ordered by the court that Zachens P. REED be 
appointed overseer to cut out any the road from the north end of the 
bridge on Duck river to where it intersects the road Leading from 
McLEANS Mills to Caney spring and that he have the hands in the 
following bounds, commenceing at WILLIAM Mills runing north with said
 Mill road to the South end of Mrs. Mary STREEK Lane thencewest so as
 to include Mrs. Jame PATTERSON, Andrew SMITHS and flower ALDRIDGES 
thence south to duck river thence up said river to WILLIAMSES Mill the
 beginning and maek report to the next July Term of this Court.  
Issued.

     On motion it is ordered by the Court that William F. ERWIN be 
appointed overseer of the road from John CHRISTOPHERS old place to John
 DYSARTS and that he have the hands in the following bounds, to with, 
Beginning at John DYSARTS Jr. runing west to John CHILTONS George A. 
ARMSTRONG thence with the road to Robert WILLIAMS thence with the road
 beginning and that he report to the next term of this Court, 2nd class- 
Issued.

     On motion it is ordered that the treasurer of the poor house of 
Marshall County pay for the following articles for the benefit of said
 establishment, 6 lbs shugar, 5 lbs coffee, Grinding 1 bushel of wheat 
at                                                  $2.23 ½
   Three quarts of Brandy                             .50
   2 bu. of wheat                                     .80
   14 lbs soap                                       1.00
   5 lbs coffee 8 lbs shugar 1 skillet 37 ½ lbs salt 5.87 ½
   1 pare Shoe leather & thread                       1.25
   Stocking one plow & making 2 coats for the         1.50
   poor. A majority if the Justices of the peace     ______
   being present and voting in the affirmative.      $13.05

     On motion it is ordered by the Court that the Sherriff of Marshall 
County take into his custody the children of Noah HERRALD and bring them 
before the Justices of our next County Court to be held for the County 
of Marshall then & there to be dealth with as the law directs.  Issued.

(370)
     On motion it is ordered by the Court that the Josiah BRESHEM be 
appointed overseer to cut our part of the road leading from John 
CHRISTOPHERS old place to the Bedford County line near John LARNE’s and
 that he have the hands in the following bounds Beginning at John
 DYSARTS fork of Rock Creek to the County line south to the Shelbyville 
road Thence with the road to Robert WILLIAMS- Tence with the fishing 
ford road to the beginning and report to the next term of this Court-
2nd Class. Issued.
                           B. WILLIAMS Chairman
                           Burgess HARDIN J.P.
                           Benj. C. BRANTLEY J.P.
                           James V. EWING J.P.

     Tuesday morning April 27th 1840.
     Court met according to adjournment present Benjamin HARDEN   James
 V. EWING & B. C. BRANTLEY Gentlemen Justices of the peace proclamation
 &C.  The following proceedings were had.
     Martin W. OAKLEY clerk of this Court presented to this Court an 
account of a settlement made by him with James PATTERSON guardian of 
Polly Edward & Ellinora CALLIHAN for the year ending the 6th day of 
February 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 with Nancy MARTIN guardian of Isaac 
D. MARTIN, Julia C. MARTIN, Mary MARTIN and Eliza T. MARTIN for the year
 ending the 26th day of March 1840 which report being seen and by the 
Court understood was in all things confirmed and ordered to be recorded.

(371)
     Martin W. OAKLEY clerk of this Court presented to this Court an 
account of a settlement made by him with Charles HARDISON guardian of 
the minor heirs of William FOX for the year ending the 6th day of April
 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 
presented to this Court an account of a settlement made by him with 
Charles HARRIS guardian of Dicy & Betey HARRISS for the year ending the
 6th day of April 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 amde by him with James EDWARDS guardian of 
Mahenry Ann BRIDGES for the year ending the 30th Day 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 with Joseph DUNCAN administrator or 
Wm. DUNCAN decd which report being seen and by the Court understood was
 in all things confirmed and ordered to be recorded.

     Mary K. PARRISH a minor of the age of Eleven years was this day 
bound to Joseph N. WILSON untill she arrives at the age of 18 years.

     Garland PARRISH a minor of the age of Eight years was this day
 bound as an apprentice to Eaton PARRISH untill he arrives at the age
 of 21 years.
(372)
     State of Tennessee, Marshall County.
     I do certify that at an Election held at the several district 
Election grounds in my County on the 7th day March 1840 according to 
law John R. HILL was duly elected to the office of Sherriff for said 
County the following being tge aggregate State of the polls for said 
HILL) 1256 votes without opposition this 7th day of March 1840.
                          Joseph McCORD Coroner
and whereupon said John R. HILL gave bonds and took the oaths prescribed
 by law to be taken by Sherriffs in the State of Tennessee which bonds 
is the words and figures following, to wit,
     Know all men by these presents that we John R. HILL, Thos. ROSS, 
Solomon MEADOWS & Sherwood N. BEATY all of the State of Tennessee and 
county of Marshall are held and firmly bound unto James K.  POLK 
governor of the State of Tennessee and his successors in office in the
 penal sum of Twelve thousand and five hundred Dollars and for the true
 payment of which we bind our selves Executors and administrators 
Jointly and severly firmly by these presence sealed with our seals and 
dated this 7th day of April A.D. 1840.
     The condition of the above obligation is such that where as the 
above bound John R. HILL is constituted and Elected Sherriff of Marshall 
County and hath this day been duly qualified as such now therefore if 
the said John R. HILL shall well and truly Execute and true return make
 of all process and precepts to him directed and pay and satisfy all 
fees and sums by him received or levyed 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 due his her 
or their Executors administrators Attorneys or agents and in all other 
well truly and faithfully Execute the said office of Sherfiff during 
his continuance in office Then this obligation to be void otherwise to 
remain in full force and Effect day and date above written. 
Acknowledged in open Court April 7th 1840.
                            M. W. OAKLEY   Clk.
                            J. R. HILL (seal)
                            Thos. ROSS (seal)
                            S. MEADOWS (seal)
                            S. W. BEATY (seal)

(373)
     State of Tennessee Marshall County.
     Know all men by these present that we John R. HILL, Thos, ROSS, 
Solomon MEADOWS & Sherwood W. BEATY all of the State and County 
aforesaid are held and firmly bound unto James K. POLK governor or for 
the State of Tennessee for the time being and his successors in office 
for the sum of Twelve Thousand and five hundred Dollars to the payment 
of which well and truly to be made we bind ourselves and our heirs 
Executors and admin strators Jointly and severly firmly by these 
presents sealed with our seals and dated this 7th day of April AD 1840
     The condition of the above obligation are these that whereas the
 above bound John R. HILL has been duly and constitutionally Elected 
Sherriff and colection of the public taxes of said County of Marshall
 for Two years from the first Saturday in March 1840 now if the said 
John R. HILL shall well and truly collect all state taxes and also all 
taxes on school land within said County which by law he ought to collect
 and well and truly account for and pay over all taxes by him collected
 or which ought to be collected on the first day of December in the year
 1840 and 1841 respectfully then the above obligation to be void 
otherwise to remain in full force and virtue.
                               J. R. HILL (seal)
                               Thos. ROSS (seal)
                               S. MEADOWS (seal)
                               S. W. BEATY (seal)
Acknowledged in open Court April 7th 1840.
                                M. W. OAKLEY clk.

     State of Tennessee, Marshall County.
    Know all men by these presents that we John R. HILL, Thomas ROSS, 
Solomon MEADOWS & Sherwood W. BEATTY all of the State of Tennessee and 
County of Marshall are held and firmly bound unto Benjamin WILLIAMS 
chairman of the county Court of said Marshall County for the time being 
and his successors in office for the use of the County aforesaid in the 
sum of Twelve thousand dollars for the payment of which sum well and 
turly to be made w3e bind ourselves and heirs Executors and 
administrators, Jointly and severly firmly by these presence sealed with
 our seals and dated this 7th day of April A D 1840
     The condition of the above obligation

(374)
are these that whereas the above bound John R. HILL has been duly and 
constitutionally Elected Sherriff and collector of the above taxes of 
said County of Marshall for two years from the first Saturday in March 
1840, now if the said John R. HILL shall collect all County taxes 
within said County wich by law he ought to collect and well and truly 
account for and pay over all taxes by hil collected or which ought to 
be collected. on the first day of December 1840 and 1841 respectively 
then this obligation to be void otherwise to remain in full force and 
virtue.
                          John R. HILL (seal)
                          Thomas ROSS (seal)
                          S. MEADOWS (seal)
                          S. W. BEATTY (seal)
Acknowledged in Open Court April 7th 1840.
                           M. W. OAKLEY clk.

     State of Tennessee Marshall County
     I do certify that an Election held at the severel district Election
 Grounds in my County on the 7th of March 1840 according to 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, for said James V. EWING 765 votes and for Thomas H. HARDEN 
657 this 7th day of March 1840.  Joseph McCORD Coroner and thereupon the
 said James V. EWING gave bond as the law directs and took the severel 
oaths prescribed by law viz, the oath to support the sonstitiution of 
the United States and the state of Tennessee and the oath to prohibit 
dwelling and the oath of office whoch bond is in the words and figures
 following to wit,     Know all men by these presents that we James V.
 EWING, Jonathan SMITH & Lile A. EWING all of the State of Tennessee 
and County of Marshall are held and firmly bound unto Benjamin WILLIAMS
 chairman of the County Court of Marshall County and his successors in
 office in the pennal sum of Ten thousand dollars and for the payment of
 which sum we bond ourselves our heirs Executors and administrators 
Jointly and severly furmly by these presnece sealed with our seals and 
dated this 6th day of April A D 1840.
     The condition of the above obligation is such that where as the 
above bound

(375)
James V. EWING hath been constitutionally Elected Trustee in and for the
 County of Marshall and state of Tennessee, now therefore if the said 
James V. EWING shall satisfy keep and faithfully 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.
                           James V. EWING (seal)
                            Jonathan SMITH (seal)
                           Lile A. EWING (seal)
Acknowledged in Open Court April 6th 1840.
                           M. W. OAKLEY clk.

     Thomas ROSS   Solomon MEADOWS and Sherwood W. BEATY appeared in 
open Court and tood the oath required if Deputy Sherriffs, according to
 law.

     On motion it is ordered by the court that Jeptha EZELL   William
 H. HOWARD, Samuel RADFORD, John REBE and A. BEDWELL be appointed a Jury
 of view to change a part of the Lewisburg road commenceing at the south
 end of Martin DOWDYS Plantation runing due north some short distance 
than due west to intersect the said Lewisburg road takeing into 
consideration the good of the public and that of individuals and 
reportthereon. to the next July term of this Court. Issued.

     On motion it is ordered by the court that John MARR, John RAGSDALE,
 John MOORE, Phillips MOSES, Jacob CALHOON and PinkneyHOGG be appointed
 a Jury of view to change a part of the Murfreysborough road commenceing
 near Joshsia BUTLERS house and terminat eing at the south East corner 
of his plantation taking into consideration the good of the public and
 that of individuals and report thereon to the next July term of this 
Court.  Issued.

(376)
     On motion it is ordered by the Court that Col. John ORR   John 
BEATY, William APPLEBY, Samuel W. EWING & Jonathan THOMAS be appointed
 a jury of view to change a part of the Lewisburg road that passes 
through David H. MILLERS Land if in their opinion the good of the 
individual require it and that of the public not injured and report 
thereon to the next July term if this Court.  Issued.

     On motion it is ordered by the Court that George CRAWFORD, James
 LUNA   Lawrence BONDS, Price W. BROOKS, Jospeh MORRIS and Peter LUNA
 Sr. be appointed a Jury of view ot change a part of the Lewisburg 
road commenceing at the Lewisburg road near Phillips V. DOSS and in 
turning said road east of Austin GRAY’s taking into consideration the 
good of the public and that of individuals and report thereon to the 
next July term of this Court.  Issued.

     S. W. BEATTY administrator of James F. FISHER dec. appeared in 
Court and returned an inventory and account of sales of said estate 
which was ordered to be recorded.

     John W. CAMPBELL administrator of the estate of Camilla C.CAMPBELL 
decd appeared in Court and returned an account of ales of said estate 
which was ordered to be recorded.

     On motion it is ordered by the court that John WEAVER Jr. be 
appointed overseer of the road from Abraham TALLEYS to STEPHEN’s Mill 
and that he have all the hands that resides or may reside on the lands 
of John WEAVER Sr.   James M. BOWDEN   Benjamin WILLIAMS, Abraham TALLEY
 and James COCHRAN Sr. & John COCHRAN.  Issued.

     On motion it is ordered by the court that George R. MAY be 
appointed overseer of the old Shelbyville road from the west and of 
George CALHOONS Lnae to Caney Spring and that he have the following 
hands to wit, W. H. BRADEN, Thos. BASS, Henry BASS, John BASS, James 
BASS, jr.   Wm. HARRIS, John L. HARRIS   James A. PATTERSON and that he 
have all the hands included in the above bounds.  Issued.

(377)
     On motion it is ordered by the Court that John F. BOYETT be 
appointed overseer of the road from Lewisburg to STEPHENS Mill and that
 he have the hands in the following bounds, to wit, beginning at the 
south west corner of Lewisburg and running to James BOYETTT’s so as to
 include said BOYETT thence to the south west Corner of the land owned
 by Ebebezer ELLIOTT at the time if his death thence east with the said
 ELLIOTTS line ti the S. E. Corner thence north to N. T. MOORS Mill so 
as to include STEPHENS first class road.  Issued.

     Wilson P. DAVIS appointed Jailer of Marshall county appeared in 
Court and took the oath prescribed by law.

     On motion it is ordered by the Court that Elisha GARRETT be 
appointed overseer of the road commenceing at Lewisburg and terminateing
 at the west line of District No.5 and that he have the following hands 
to wit, All those living in the bend of the creek between the creeks 
and town & those that live or may live on the Lands of John A. SNELL, 
W. A. GILES   Frances McDANILE & Elisha GARRETT- And thereupon Court 
adjourned until Ten oclock to-morrow morning, Issued.
                            B. WILLIAMS Chairman
                            Jno. HATCHETT   J.P.
                            James V. EWING J.P.

     Wednesday morning April 8th 1840
     Court met according to adjournment present Benjamin WILLIAMS Chairman
    James V, EWING & Jo hn HATCHETT 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 John ELLIOTT D. C.  With Sarah McKEE for
 the year ending 4th day of March 1840 which report being seen and by the
 Court understood was in all things confirmed and ordered to be recorded
 and thereupon Court adjourned untill Court in Course.
                              B. WILLIAMS Chairman
                              Jno. HATCHETT   J.P.
                              James V. EWING   J.P.



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