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MARSHALL COUNTY TENNESSEE COURT MINUTES--AUGUST 1837 SESSION
Page
(47)
State of Tennessee.
At a County Court begun and held for the County of Marshall at the
house of Abner HOUSTON the place appointed by law for holding Courts
in said County, on the first Monday in August, the same being the
seventh day of the month in the year of our Lord one thousand eight
hundred and theiry seven ann in the sixt second year of of American
Indepencence, Present William McCLURE Chairman, James ADAMS, Thomas
WILSON, Thomas ROSS, James L. EWING, Asa HOLLAND, Andrew LAIRD,
Sherwood DUNNEGAN, Thomas HARDISON, William COWDEN, James PATTERSON,
George CUMMINGS, John FIELD, Joseph CLICK, J. B. SHUFFIELD, Robert
JOHNSTON, Thomas CUMINGS, Gentlemen Justices of the peace -
Proclamation being made the Court was opened.
Elizabeth CANNON exhibited in open Court a Transcript from the
County of Bedford in the following words & figures a viz:
The State of Tennessee ) S S
Be it remembered that at a Court of pleas of Quarter Sessions,
held for the county of Bedford in the State aforesaid, at the Court
house in the Town of Shelbyville on the first Monday in November in
the year of our Lord one thousand eight hundred and thirty five being
the second day of said Month, and of the American Independence the 60th
year- Before William MURPHREE, William GALBREATH and John GOWAN
Gentlemen Justices of the peace in and for the county of Bedford. The
following proceedings were had- to wit-
" Ordered by the Court that Elizabeth CANNON be appointed guardian
of Katherine, Susan, David K. Robert, Michael and Henry CANNON, minor
heors of Thompson CANNON Decd who gave bond with Clement CANNON and
George M. CANNON her securities in the sum of Twenty thousand dollars.
And afterwards at the November term 1836 of the County Court of Bedford
aforesaid before John EAKIN, Henry DEAN and Matthew PHILLIPS Esquires,
Gentlemen Justices of the Peace for the County aforesaid. Upon petition
it was ordered by the Court that Elizabeth CANNON widow of Thmpson
CANNON deceased, and who was at a former term of this Court appointed
guardian for the minor heirs of said deceased and upon her petition to
this Court praying that her said guardianship be transferred to the
County of Marshall. It appearing to the Court that said guardian and
minors are residents of said County of Marshall and the estate of the
said deceased being all in the limits of said County. And it is
furhter ordered that the Clerk of this Court issue to said Elizabeth
a copy of this order.
(48)
The State of Tennessee.
I, William D. ORR Clerk of the County Court of Bedford County in
the State of aforesaid Do hereby certify that the foregoing is a true
transcript of the appointment of Elizabeth CANNON as Guardian of the
minor heirs of Thompson dec and the order of transfer of her
guardianship from the County of Bedford to the County of Marshall as
ap ears from the Records of my office. In tetsimony whereof I have
hereunto set my hand and affixed the seal of the Court at office in
Shelbyville this Thirtieth day of June Eighteen hundred and thirty seven
and of the American Independance the sixty first year.
William D. ORR Clk. (L.S.)
State of Tennessee, Bedford County.
I William GALBREATH Chairman of the County Court of Bedford County
in the State aforesaid Do hereby certify that William D. ORR whose
signature appears to the foregoing cetificate is now and was at the time
of signing the same clerk of the County Court aforesaid & that the said
certificate is due form of Law.
Given under my hand at Shelbyville this 30th day of June 1837.
W. GALBREATH Chairman
Bedford County Court
James W. WINSETT aged fifteen years was by the Court bound are
appointed to Thomas CUMMINGS blacksmith for the term of Five years- who
gave bond &C.
Ordered by the Court that Josiah LOWRANCE be appointed overseer of
the road from Thomas CHEARHUMS to the fork of the road below Jacob
LOWRANCES in room of John A. McCONNELL. I have Robert MONTGOMERY, Peter
ALDRIDGE, Isiah GARRISON, Wm. FREEKIND & hands, Burrell LAW, Abijah
D. MITCHELL, James McCONNELL, Abijah D. MITCHELL, James McCONNELL,
David WRINEY, Phillip WARREN, Jeremiah McCONNELL & John A. McCONNELL to
keep thesame in repair. Issued.
It having been represented to the satisfaction of this Court that
James COFFEY Senr late of this County has departed this life leaving no
last will & testament- And Henry BISHOP having applied for letters of
administration on the estate of said Decd & the Court being satisfied
of his right to obtain then & he having given bond in the sum of Five
hundred dollars with G. D. STOCKTON & George CUMMINGS securities the
same was granted.
(49)
Ordered by the Court that John FIELD be appointed guardian of John
HILL, Dr. Franklin HILL, Lindsey C. HILL, Susan & Sarah ARNOLD who are
minor & heirs at law of John HILL Decd. who gave bond with Thomas
HARDISON and Jackson LIGGETT as his securities in the sum of Twenty
seven hundred dollars.
Jesse HORTON Guardian of William S. STAMPS, Asa STAMPS John W.
STAMPS & Lucy M. STAMPS Deceased exhibited to Court his return, and on
motion ordered to be recorded.
The following report of Thomas ROSS & John HATCHETT was received &
on motion ordered to be recorded - Viz; July 24th 1837 we have waited
on Captain HOUSTON agreeable to the within order who stated that when
Court was done with the house he would then leave it with them to say
what he ought to have.
John HATCHETT
Thomas ROSS
James WILLIAMS filed a memorial in court this day praying for an
order of Court to issue empowering him to have his mill dam across Duck
river three feet higher than it now is, which memorial was on motion
ordered to be filed with the Clerk of this Court, who is required to
advertise the same on the Court house door, as the law directs & that
the same be set for hearing at the next term of this Court.
Ordered by the Court that the Sherriff summon Twelve good &
lawful -- of this County to examine the condition of William RICHIE
who is represented to this Court as laboring under Lunacy & report
their proceedings hereon forthwith as the law directs- Which order
being issued to the Sherriff was returned with the following
endorsement thereon -"The undersigned freehold of Marshall County
having been duly summoned & sworn as a Jury to enquire into the mental
condition of William RICHIE. After diligently investigating the matter
do find that the said William RICHIE is a Lunatic and utterly incapable
of managing his own afdairs with safety to himself and others. We also
find that the said Wm. RICHIE has no property.
James C. RECORDS John VINCENT James PATTERSON
James OSBURN G. H. ALLEN Jesse MORTON
J. H. WILLIAMS Thomas H.HARDIN Dempsy POWELL
Wm. LONDON Jackson LIGGETT Jas. BRECHEM
Which report being seen & received by the Court, it was thereupon
ordered y the Court that the Sherriff proceed forthwith to let the said
Wm. RICHIE to the lowest bidder whereupon Peter WILLIAMS bid him off
at onehundred & ninety eight dollars per annum who entered into bond
with Isaac B. WILLIAMS & Dempsy POWELL his securities
(50)
in the sum of Five hindred dollars conditioned as the law directs.
Ordered by the Court that Levi GARRETT be appointed guardian of
Leroy S. FARMER, Thomas S. FARMER & Elizabeth Ann FARMER minors & heirs
at lae of Clement F. FARMER Decd who gave bond with Thomas ROSS and
William COWDEN his securities in the sum of twenty five hundred dollars.
On motion and it appearing to the satisfaction of this Court that
the appointment of Carey T. KELLY and James HOUSTON as administrators
to take charge of & prescribe the goods & Chattels of Christopher
HOUSTON Deceased late of this County during the pendency of a suit in
the Circuit Court of Marshall County between John RAMSEY and James L.
HANYNES (HAYNES) Executors of the last will and Testament of said
Christopher HOUSTON Decd and James HOUSTON and other heirs at law of
said deceased. Contesting the validity of the will of the said
deceased was omitted by the Clerk to be entered on the minutes of the
last term of this Court. It is therefore ordered that the appointment
of said administrators be entered on them minutes of this Court as
proceedings of last Court. Carey T. KELLY & James HOUSTON having
given bond with securities in the sum of Thirty thousand dollars and
took the oath prescribed by law for the Faithful performance of their
duties as administrators as aforesaid during the pendency of said
suit Carey T. KELLY and James HOUSTON administrators to take charge of
& prescribe the perishable property of Christopher HOUSTON Decd
exhibited in Court an Inventory of the goods and Chattels Rights &
Credits of said Decd which being sworn to in open Court was ordered
to be recorded.
Ordered by the Court that Thomas ROSS, John B. FOWLER and James
McCONNELL be appointed Commissioners to lay off provisions for Mrs.
HOUSTON widow of Christopher HOUSTON deceased as the law directs.
Issued.
Ordered by the Court that Nathan GLENN be appointed overseer of
the road from LANHORNS Field to Lanes line and that of James HART and
Joel HART be appointed Commissioners to assign him hands to keep said
road in repare. Issued.
Ordered by the Court that John M.HOUSTON call upon the following
hands to work on the McCOLUMS road in addition to the hands he now has
in his service Pinkney WRIGHT John C. RIGHT Richard B. MOORES hands
& Edwin McHOBBY. Issued.
(51)
Ordered by the Court that Thomas A. ALLEN be appointed overseer of
the fishing ford road in room of Fitzellon PATTERSON and that he have
the same hands he had to keep said road in repare. Issued.
Ordered by the Court that Aaron BOYD & John CATHEY be appointed
commissioners to assing hands to work under John LAIRD on the
Murpheesborough road from STRATTONS Mills to Mrs. BRITTIANS and to
Charles NIEL & James B. SCOTT overseers of the road from MORTONS Mills
to Hurts X roads and that new orders issue to last named overseers,
NEAL from the creek at RAINEYS to the -- of Maury line SCOTT is to work
from said line to the Marshall Line.
William D. EWING and James WOODS Executors of the last will and
Testament of Allen N. WOODS decd Exhibited in open - An Inventory &
amount of sales of the estate of said deceased which was ordered to be
recorded.
Ordered by the Court that James OSBURN Thomas ROSS and David
MaGAHEY be appointed Commissioners to procure a site to erect a poor
house in the county of Marshall and report thereon to the October term
of this Court.
Ordred by the Court that Robert ORR be appointed overseer of the
road commencing at the creek near James BILLS and terminateing at
RANKINS old shop. Issued.
Ordered that W. BRIGGS be appointed overseer of the road
commenceing at Giles County line near Lee SMITHS and terminateing at the
Fayetville road near John L. PARKES as laid out and have the hands
south of richland Creek and west of said road to keep the same in repare.
Issued.
Ordered by the Court that the following named persons be appointed
the Venera Facias of Jurors for the Circuit Court of the County of
Marshall to be held for said County of Marshall at the house of Abner
HOUSTON on the Fourth Monday next said Jurors all being good and
(52)
lawful men above the age of Twenty one years Citizens of the body of
said County (to wit)
1 st Dist. Mark H. WILSON
John RICHIE
2 Dist Turner PINKSTON
William H. PICKENS
3 Dist Williamson SMITH, William D. EWING
20 Dist Thomas GILLASPY
12 Dist Matterson HUGHS, John R. B. LONG
13 Dist James PATTERSON, Joseph H. BRITTIAN
14 Dist James L. EWING, John R. JONES
15 Dist Joseph CLOUD, Daniel BEVINS
16 Dist James ADAMS, Esqr., Amos L. BILLS
17 Dist John ELLERSON, John M. LANE
19 Dist Joseph McADAMS. John M. ENDSLEY
15 Dist William FINDLEY Sr., Joseph MORRIS
16 Dist James ELLIOTT, John EVANS
And it is further ordered by the Court that William O. RUTLEDGE and
Samuel DAVIS Constables for said County be appointed to attend said
Court and Jury and it is ordered that the Sherriff and said County
summon said Jurors and Constables to attend said Court, accordingly.
Issued.
The commissioners appointed at the last temr of this Court to
select and fix on on a suitable point on Duck river whereon to build
a bridge across said River reported as follows to wit:
"We the undersigned commissioners appointed by the County Court of
Marshall County at the last term of said Court, have this day met,
and after being duly sworn have examined different parts of Duck River
for the purpose of ascertaining the most suitable place for building a
bridge across said river- and after making due exaination Report that
we have selected a point about two or three hundred yards below the
mouth of Rock Creek at or near a sugar tree on the North Bank of the
river marked A. H. all of which we humbly submit
&C. August 1st, 1837. Signed -
Signed -C. W. McBRIDE Thos. H. HARDIN
" James REED James OSBURN
" James L. EWING Andrew LAIRD
" Asa HOLAND Aaron BOYD
" Berry MOORE Thomas HARDISON
" James B. LOWRY
which report being seen & by the Court fully understood was in all
things confirmed and made the order of this Court- and thereupon Jason
B. SHUFFIELD prayed an appeal from the decision of the Court thereon
to the next term of the Circuit Court held for the county of Marshall
(53)
at the house of Abner HOUSTON, on the fourth Monday in November next-
Who entered into bond with George R. MAY, James WILLIAMS & James
PATTERSON as his securities in the sum of Five hundred dollars
conditioned for the faithful prosecution thereof. It is therefore
ordered by the Court that the Clerk of this Court send & certify as
transcript of the proceedings has hereon in this Court, to the next
term of the Circuit Court of this County.
Ordered by the Court that William CARUTHERS, Francis FINDLEY,
William FINDLEY, Joel DODD & Enoch RUST be appointed Jurors of review
to lay of and mark out a road of the third Class, commenceing at or
near Samuel MURDOCKS by Francis FINDLEY- to intersct the Fayetville
and Lewisburg road near Alexander BIGGER or any point they maythink
best - they in their judgement may think the neighborhood will be
benefited by said road & report to the next term of this Court.
The County of Marshall)
vs ) Bastardy
Josiah BRECHEM )
This cause coming on to be heard before the Court, and ater some
time spent in the investagation thereof, the defendant withdrew his
plea of not guilty- and saith he is willing to be bound to indemnify
the County of Marshall from the maintenance of a certain female bastard
child charged to him as the reputed father thereof by one Mary Ann
MONTGOMERY single woman of said County- It is therefore considered by
the Court that the defendant pay the said Mary Ann MONTGOMERY the
se veral sumd of Forty, Thirty & Twenty dollars, for the first second
and third years age of said child as the law required the which payment
of said moneys as having already been made Defendant produced in open
Court the receipt of the said Mary Ann MONTGOMERY- And that he the
defendant pay the costs of this prosecution for which execution may
issue. And that he be bound for the maintenance of said child as far
as to idemniify the county of Marshall from any costs and Charges
thereof where upon the said Josiah BRECHEM entered into bond in the
sum of five hundred dollars with William Wilson ADAMS his security.
Court adjourned until tomorrow morning nine o'clock.
Wm. McCLURE Chairman
Thos. ROSS J. P.
James REED J. P.
Rcd. my fees February 12th 1837
Wm. STEWART.
(54)
Tuesday morning August 8th 1837.
Court met according to ajournment present Wm. McCLURE Thomas ROSS
& James REED Gentlemen Justices of the peace Proclamation being made
&C. After the minutes of yesterdays proceedings was read & signed this
morning, and there being no further business for the Court.
The Court thereupon adjourned until Court in Course.
Wm. McCLURE chariman
James REED J. P.
Thos. ROSS J. P.
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