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MARSHALL COUNTY TENNESSEE COURT MINUTES–DEC 1838 TERM

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December term 1838.
The State of Tennessee.
At a county Court began and held for the Court house in the town of Lewisburg for the
County of Marshall on the first Monday in December the same being the 3rd day of the month in
the year of our Lord one thousand eight hundred and thirty eight present Thos. WILSON Asa
HOLLAND and James V. EWING Gentlemen Justices of the peace proclamation &C.

Silas McCLELLAND Guardian of the minor heirs of James COOPER deceased appeared in
open Court and thereupon resigned his Commission as Guardian of said minors. It is therefore
ordered by the Court that the said McCLELLAND be released from said appointment and that
he us not responsible any further liabilities.

Osburn ROSSON Executor of the last will and testament of Joseph ROSSON deceased
appeared in Court and returned an inventory of said estate which was ordered to be recorded.

Osburn ROSSON Executor of the last will and testament of Joseph ROSSON deceased
appeared in Court and returned an account of sales of said estate which was or dered to be
recorded.

Martin W. OAKLEY clerk of this Court presented an account of a settlement made by him
with Silas McCLELLAND as guardian of the minor heirs of James COOPER deceased which
was accepted by the Court and was ordered to be recorded.

(206)
December term 1838.
B. F. WHITWORTH administrator E. WHITWORTH deceased appeared in Court and
returned an account of sales of said estate which was ordered to be recorded.

It having represented to this Court that Levi PHIFER has died leaving no will and thereupon
Bnejamin WILLIAMS and John ELLIOTT appeared in open Court and thereupon was
appointed administrators of all and singular the goods and chattles rights and credits of said
deceased they having given bond in the sum of fifteen hundred dollars with Wm. ARTHURS
and James C. RECORD their securities which was accepted by the Court and took the oath
prescribed by law.

On motion it is ordered by the Court that David McGAHEY Isaac H. WILLIAMS and
Martin W. OAKLEY be appointed commissio ners to lay off one years provision for Jane
PHIFER widow of Levi PHIFER decd and report to the next term of this Court. Issued.

Martin W. OAKLEY clerk of this Court present to this Court a settlement made by him with
Berry MOORE as Guardian of the minor heirs of Jonathan D. BILLS decd for the year 1838
which was accepted by the Court and ordered to be recorded.

William ARTHUR administrator of the e state of Benjamin ARTHUR decd appeared in
Court and returned an inventory and account of sales of said estate which was ordered to be
recorded.

Ordered by the Court that Allen TALLEY be appointed overseer of the road from taylors
Branch to the widow EVANS and that he have the former hands. Issued.

The commissioners appointed at a former term of this Court to lay off one years provision ofr
the widow of Joseph ROSSON deceased reports as follows, to wit:
Pursuant to an order issued from the worshipful the CountyCourt of Marshall County at the
October term 1838 to set apart one years provision for the Rebecca ROSSON.

(207)
December term 1838.
Widow of Joseph ROSSON deceased do proceed as follows-
Thirty barrels of Corn fifteen bushels of wheat fourteen hundred pounds of Pork with Lard off
the same fifteen dollars worht of sugar and coffee six hundred bundles of fodder and two
hundred bundles of oats one half of the Shucks on the farm all the sweet Potatoes and cabbage
on the farm twenty five lbs. of picked Cotton a quanity of dired fruits all on hand ten head of hogs
say from twelve to nine months old and one sow and pigs say six or eight all of which
respectfully submitted October 18th 1838.
G. I. ALLEN, Michael ROBINSON
Which report being seen and by the Court understood was in all things confirmed and made the
ordere of this Court.

Martin W. OAKLEY Clerk of this Court presented an account of a settlement made by him
with John ELLISON administrator of all and singular the Goods & chattles rights & credits of
James P. ERWIN Decd which report was by the Court in al things confirmed and ordered to
be recorded and is in the words and figures following to wit:
“John ELLISON Adm.&C of James P. ERWIN Decd.
To amount of assets &c $738.89 ½
Credits
By vouchers exhibited of moneys paid
he retaining them in his possession $336.86 ½
____________
Leaving a balance on his hands of $404.04

Cary A. DYSART Elected Constable for District No.6 appeared in Court and Executed
his bond in the words and figure following to wit:
State of Tennessee Marshall County. Know all men by these presence that we Cary A.
DYSART, James P. DYSART and Alexander DYSART all of the said County are held and
firmly bound unto Newton CANNON govorner of the State of Tennessee or his successors in
office in the sum of Four thousand dollars for the payment of which sum well and truly to be
made we bind ourselves jointly and severly formly by these presence sealed with our seals and
dated this 3rd day December 1838.
(208)
The condition of the above obligation is such that where as the above bound Cary A.
DYSART hath been elected constable int eh 6th District of the County of Marshall and hath this
day been duly qualified as such therefore if the said Cary A. DYSART shall well and truly
execute all and every return make upon all and every process which may come into his hands as
Constable as aforesaid and faithfully pay over and account for all moneys collected by him as
such to whomsoever may be legally authorized to receive the same and to do and preform all
such duties as are required by law on him as Constable then this obligation to be void otherwise
to remain in full force and effect.
Test: M. W. OAKLEY Clk. Cary A. DYSART (seal)
James P. DYSART (seal)
Alexander DYSART (seal)
Which was accepted by the Court he takeing the several oaths prescribed by law.

On motion it is ordered by the Court that Joseph WALLACE be appointed overseer of the
olf Shelbyville road commenceing at the old Maury line and terminating at RAINEYS store and
that he have the hands in the following bounds, to wit:
Commenceing at the mouth of Caney Spring Creek to said road thence to and taking in the
hands of A. VENABLE thence to and leaving out the hands of J. W. A. CATHEY thence west
and takeing line thence west with said line to the river, thence up said river to the mouth of said
Creek the beginning. Issued.

David YANCY administrator of the estate of Washington D. MEDEARIS decd appeared in
Court and returned an inventory of the estate of said dec which was ordered to be recorded.

Martin W. OAKLEY clerk of this Court presented to this Court a settlement made by him
with James H. PARK guardian of the minor heirs of Isaac PARK decd for the year 1838 which
was accepted by him by the Court and ordered to be recorded.

(209)
December term 1838.
William COWDEN appeared in open Court and was thereupon appointed guardian of
Eldredge P. Franklin H. Albert G. Wm. B. And George F. COOPER minor orphans of
James COOPER decd he given bond with James H. PARK and Silas McCLELLAND his
securities which was accepted by the Court.

A paper writing purporting to be the last will and testament of Nathaniel SMITH late of
Marshall County deceased was this day presented in open Court for probate by Mary SMITH
Executrix therein named. And the validity of said paper writing contested as the last will and
testament of the said Nathaniel SMITH decd by John WEBB and his wife heirs at law of the
said Nathaniel SMITH deceased and the said parties contesting having given bond and
security, agreeably to law. It is therefore ordered by the court that those facts be certified to
the next circuit Court to be holden for the County of Marshall and that the clerk of the said
Circuit Court file with the clerk of tje said Circuit Court the original paper filed and offered for
probate as aforesaid with a copy of said proceedings.

On motion it is ordered by the Court that Joseph BRITTAIN John P. BRUCE, Losson
H. RICKMAN, John RICKMAN Sr. James F. WARREN and John SHUFFIELD be
appointed a jury of View to ch change a part of the Nashville and Huntsville road near Zacheas
MINTONS plantation taking into consideration the good of the public and that of individuals
and report thereon to the next term of this Court. Issued.

Samuel HALL, Washington HUNTERM Harris MALDEN, William NORWOOD, Jospeh
NICHOLS all of the County of Marshall appeared in open Court and Executed their bond for
one tgousand dollars payable to the chairman of said County Court with Wm. COWDEN their
securities and eas thereupon apointed commissioners for the school land in district No.3 in said
County and took the oath prescribed by law.

(210)
December Term 1838.
On motion it is ordered by the Court that Thos, BRENTS Joshiah BLACKWELL, Geo.
M. CUNNINGHAM, Jas, B. GILPIN, Joseph MORROS, Jno. R. BAGLEU and Jno. ORR
be appointed a jury of view to mark out a road commencing at the Nashville road and between
RANKINS olf shop and Brisons Meeting House and to intersect said road at or near Jno. C.
LOONEYS shop taking into consideration the good of the publick and that of individuals and
report thereon to the next term of thsi Court. Issued.

Martin W. OAKLEY clerk of this Court presented to the Court a settlement made by him
with Wm. O. RUTLEDGE made by him Guardian of O. P. RUTLEDGE for the year 1838
which report was ordered to be recorded.

The commissioner of a township east of Lewisburg by their Treasurer John MILLER
appeared in Court and made a report of said Township which report being by the court
understood was ordered to be recorded.

This day a paper writing purporting to be the last will and testament of Nathaniel SMITH
deceased was this day presented in open Court for probate by by Mary SMITH Executrix
thereto and John WEBB and his wife appeared in Court and contested the validity of said paper
writing being thr last will and testament of said Nathaniel SMITH decd and thereupon on
motion Williamson SMITH one of the Executors to said paper writing was appointed
Administrator devesa wit velnon decree the pending of said suit he having given bond and
security agreeably to law and took the oath prescribed by law.

Jesse MORTON guardian of the minor heirs of Bird STAMPS deceased appeared in Court
and resigned his commission as guardian of said heirs. It is therefore ordered by the court that
the said Morton be under no further liability in Consequence of said appointment.

(211)
December term 1838-
Elizabeth STAMPS appears in open Court and was thereupon appointed Guardian of Asa L
. STAMPS John W. STAMPS and Lucy M. STAMPS minor orphans of Bird STAMPS dec
She having given bond in the sum of Twelve thousand dollars with William T. STAMPS Berry
MOORE and J. G. EDMONDSON her securities which was accepted by the Court.
Court adjourned until Twelve oclock tomorrow morning.
H. WILLIAMS J.P.
Jno. HATCHETT J.P.
James V. EWING J.P.

Tuesday morning December 4th 1838 Court met according to adjournment present James V.
EWING John HATCHETT and Benjamin WILLIAMS Proclamation &C.

James V. EWING one of the commissioners of the school tract in township No.5 appeared
in Court made report of said Twonship which report being seen and by the Court understood it
is therefore in akk things confirmed and ordered to be reocrded.

On motion it is ordered by the court that Benjamin APPLEBY be appointed overseer to
open the road from James EWING Esqr, or Halls Camp ground to WILLIAM’s mill on Duck
River and that he have the habds in the following bounds and what they be released from
working on any other road (to wit) Beginning on the south bank of Duck River at the mouth of
Rock Creek then runing up Rock Creek to McMURRAYS Mill then east with the Columbia
road to the cross road at James EWINGS Esqr thence with the fishing ford road to Jonathan
THOMAS thence north so as to include John DENNEYS old place, thence to David
CHRISWELL so as to include said CHRISWELL thence north to Duck River so as to include
all the improvements to John R. JONES thence down the river to the beginning. Issued.

(212)
Court adjourned until Court in course.
B. WILLIAMS J.P.
John HATCHETT J.P.
James V. EWING J.P.