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MARSHALL COUNTY TENNESSEE COURT MINUTES–FEB 1839 TERM

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(229) cont.
February term 1839-
The State of Tennessee Marshall County.
At a County Court begun and held for the County og Marshallat the
Courthouse in the town of Lewisburg the place appointed by law for
holding Court in said County in the year of our Lord one thousand Eight
hundred and thirty none- on the first Monday in February the same being
the 4th day of the month- present Asa HOLLAND James V. EWING & Robert
JOHNSON Gentlemen of the peace proclamation &C.

Court adjourned to the County Court clerks office, present Asa
HOLLAND James V. EWING & Robert JOHNSON Gentlemen Justices of the
peace.
Bingess HARDEN appeared in Court & presented his commission as
Justice of the peace and took the severel oaths prescribed by law.

On motion it is ordered by the Court that Thomas COOPER be
appointed overseer of the Fayetteville road leading by A. SUMMERS Esqr
commenceing at Wm. COWDEN Esqr and terminateing at the top of the
ridge east of Chesley SMITH and that we have the hands in the
following bounds, to wit: All the hands south of Richland Creek & all
of said Fayetteville road to John L. PARKS & west of said road to the
top of said ridge.

(230)
February term 1839.
On motion it is ordered by the Court that George W. OGILVIE be
appointed voerseer of the fishing ford road commenceing at the center
of the hurricane near James SHAWS and terminateing at the ford of Rich
Creek and that he havethe hands hands in the following bounds, to wit:
Beginning at the center of the Hurricane oposit to E. W. HUNTERS thence
north untill the line strikes the east fork of Rock Creed, thence east
to the ford of rich creed on said road thence up said creed so as to
include Surrel WHITE’s plantation thence south to the center of the
Hurricane thence west to the beginning Issued.

On motion it is ordered by the Court that William B. MOORE be
appointed overseer of the fishing ford road commenceing at Farmington
and terminateing at the two mile Post south of Farmington and that he
have the hands in the following bounds, to wit: Beginning at the ford
of the east rock creek thence up said creek to the County line but not
to include Robert MONTGOMERY thence west leaving A. DYSART to the two
mile post on said road thence west to DRYDEN’s creek including Edwin
HUNTER then down said creeek to the month thence up rock creek to the
beginning.

On motion it is ordered by the Court that Wynn TWITTY be the court
be appointed overseer of the road leading from Shelbyville to Pulaski
commenceing at Benjamin BINGAMANS and terminateing at William COOKS Mill
and that he have the former hands. Issued.

On motion it is ordered by the Court that Granville SMITH be
appointed overseer of the Columbia road commenceing at Hiram WILSON
and terminateing at James C. RECORDS and that he have the following
hands to wit: Thomas H. RICHERSON, Harriet C. RICHERSON, William PERRY,
Michael SHEHAM, John SHESHAM, Lemuel JONES, Daniel G. BILLS, William
LONDON, David C. CALVERT, John COLLINS, Thomas FARLEY, William B.
MURPHEE, James VINCENT, Richard VINCENT, Lidia & Robert HILLS four
hands and William WEBSTER and James COLLINS to keep up said road.
Issued.

(251)
February term 1839.
On motion it is ordered by the court that Isaac CROWDER be
appointed overseer of the road from the south side of the top of the Elk
ridge above W. LEONARD’s and terminateing at William COOKS Mill and
that he have the hands who worded under the former overseer. Issued.

R. B. LONG appeared in Court and was thereupon appointed guardian
of William P. Sarah A.T. & Nancy Jane LONG having having Executed
his bond in the sum of one thousand dollars with with Felix EWING &
T C H MILLER his security which was accepted by the Court.

John SHUFFIELD appeared in Court and was thereupon appointed
Guardian orphans of Bright ROBERTS decd having Executed his bond in the
sum of six thousand dollars with T.H.C. MILLER & Daniel LITTLE his
securities which was accepted by the Court Solomon MEADOWS appeared in
Court and thereupon appointed Guardian of Frances H. SHORT minor orphans
orphan of Benjamin SHORT he having executed his bond in the sum of Two
hundred dollars with Joseph HACKNEY and James ELLIOTT his securities
which was accepted by the Court.

Martin W. OAKLEY clerk of this Court presented to this Court an
account of a settlement made by him with T. C. H. MILLER & Daniel LITTLE
guardian of the minor heirs James WILSON decd. which report was
confirmed by the Court 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 Levi GARRET Guardian for Leroy
FARMER, Thos. Lan, Elizabeth Ann FARMER which report was confirmed and
ordered to be recorded.

(232)
February term 1839.

Martin W. OAKLEY clerk of this Court presented to this Court an
account of a settlement made by him wi th John R. HILL guardian of John
A. EVANS minor orphan of John EVANS decd. which report was ordered to
be recorded.

Martin W. OAKLEY clerk of this Court presented to this Court by his
deputy William WILLIAMS an account of a settlement made by him with
Jesse MORTON guardian of the minor heirs of Bird STAMPS decd which
report was ordered to be recorded.

Martin W. OAKLEY clerk of this Court presented to this Court by his
deputy William WILLIAMS an account of a settlement made by him with
Joab BAGLEY Guardain of the minor heirs of Patrick H. TALLEY decd. which
report was ordered to be recorded.

John BROWN appeared in Court and was thereupon appointed guardian
of William WINSETT, James, Newton, Sarah, John & Lowry WINSETT minor
orphans of Wiley WINSETT Decd he having executed his bond in the sum of
Two Thousand Dollars with R. O. CHAPMAN and Wm. CHAPMAN his securities
which was accepted by the Court.
It having been represented to the satisfaction of this Court that
George R. SCOTT late of this County has died leaving no will and Joseph
H. BRITTAIN and William S. MAYFIELD appeared in Court and made
application for letters of administration of all and singular the goods
and chattles and rights and credits of him the said SCOTT and they
having Executed their bonf in the sum of Ten thousand dollars with J. F.
FURGESON and J. BULLOCK his securities which was accepted by the Court.
It is therefore ordered by the Court that Letters of administration
Issue accordingly they taken the oath prescribed by law.

The last will and Testament of Joseph ROSSON deceased was presented
in open Court by the Executed therein named which said will has been
proven at a former term of this Court by one of the subscribing
witnesses thereto and this day proven by Leonard BULLOCK the other
subscribing witness thereto- it is therefore ordered by the Court that
letters testamentary issue to said Executor he taken the oath prescribed
by law & Executed his bond at a former Court.

(233)
February term 1839.
It having been represented to this Court that Darcus WOODWARD a
resident of Marshall County has died leaving no will and Jesse M YOWELL
appeared in court and made application for Letters of administration of
all and every singular the goods and chattles rights and credits of her
the said Darcus WOODWARD decd. and he having Executed his bond in the
sum of seven thousand dollars with Will HOPWOOD & Joel YOWELL his
securities which was accepted by the Court. It is therefore ordered by
the Court that Letters of administration Issue accordingly be taken the
oath prescribed by law.
It having been represented to the satisfaction of the Court that
Rebecca DOWDY a resident of Marshall County has died leaving no will
and Martin DOWDY appeared in Court and made application for letters of
administration of all and singular goods the goods and chattles rights
& credits of her the said Rebecca DOWDY and he leaving Executed his bond
in the sum of Eight hundred dollars with William DOWDY and Thomas
WEAVER his securities which was accepted by the Court. It is therefore
ordered by the Court that Letters of administration Issue accordingly he
taken the oath prescribed by law.

George W. RECORD administrator of the estate of Robert BROOKS
deceased appeared in Court and returned an account of sales of said
estate which was ordered to be recorded.

Thomas H. R. JETT administrator of the estate of Thos. S. SEATON
decd. appeared in Court and returned an inventory of said estate which
was ordered to be recorded.

Early T. REASONOVER administrator of Tho.s GRANT decd. appeared in
Court and returned an inventory of said Estate which was ordered to be
recorded.

Felix G. GIBSON administrator of the estate of Stephen CLAYTON decd
appeared in Court and made an additional return of a ccount of sales
and said estate which was ordered to be recorded.

(234)
February term 1839.
The commissioners appointed at a former term of this Court to lay
off & set apart one years provision for Sarah GRANT widow of Thomas
GRANT decd reports as follows, to wit: We the undersigned freeholders
of Marshall County after being duly sworn have proceeded to set apart
to Sarah GRANT, widow of Thos. GRANT decd so much of the crop and
provisions on hand and directed to be purchased as will be sufficient
in our opinion to support her and her family one year from the death of
her said husband we set apart to her said purpose the following articles
to wit:
corn 25 Barrels Pepper - 1 pound
pork 360 pounds Alspice 1 pound
flower 300 pounds Ginger 1 pound
salt 3 bushels Coffee 20 pounds
sugar 25 pounds
together with all the soap on hand and seed cotton on hands this January
the 26th day 1839.
J. R. HILL (seal)
Elisah COLLINS (seal)
John DORTON (seal)
Which report being seen & by the Court understood was in all things
confirmed and made the order of this Court.

Samuel ELLIOTT who was Elected county surveyor of Marshall County
at the last term of this Court appeared in Court an executed his bond in
the sum of Five thousand dollars with James ELLIOTT & James OSBURN his
securities which eas acceptedby the Court he takening the oath
prescribed by law.

James B. EWING trustee of Marshall Cunty reports to this Court in
the words and figures following to wit:
State of Tennessee Marshall County, In conformity with the law
which makes it the duty of the Trustees in the State of Tennessee to
make reports to the Courts of their respective Counties at the second
term thereof after the first day of January in each year, to wit:
Recieved from John W. RECORD the former Trustee
of Marshall County. $208.50
Recd. of John R. HILL sheriff og Marshall Cty. 856.25

(235)
Recieved of David McGAHEY clerk of the circuit Court of Marshall
County for fines & forfeitures for the year 1838- $474.33
Recd of M. W. OAKLEY clerk of the County Court of Marshall County for
fines & forfeitures for the year 1838-
Recd of M. W. OAKLEY clerk of the County Court of Marshall
county $474.33
for fines and forfietures for the year 1838 6.25
Received for Strays in Marshall County 71.08
Recd. of James PATTERSON Esqr. Sixty two & ½ cents collected by him
for profain swearur .62 ½
Paid out to the order of County Court 731.11 ½
“ do to Jury tickets 532.00
“ do do to M. W. OAKLEY clerk of C. C. for copies of tax list
& other services 34.00
“ do do clerks commission on fines & forfeitures 11.85
(NB) one hundred dollars of the money Received from former trustee
is Mississippi money and is yet on hand.
James V. EWING Trustee of Marshall County/

Sworn to in Court February 4th 1839.
M. W. OAKLEY clk.

State of Tennessee)
vs ) Bastardy
Joseph H. EMMERSON)
This day came the defendant in proper person and pleaded guilty
to the - charge if having a Bastard child on the body of Jane ROGERS a
single woman in said County of Marshall, it is therefore considered by
the Court that the state of Tennessee recover of the defendant for the
use of said Jane ROGERS the sum of ninety dollars that is to say for the
first year after the ninth of said child forty dollars for the second
thirty dollarsand for the third twenty dollars and this execution issued
against said

(236)
defendant for the collection of each sum as they respectively fall due
and that the said defendant give security that the said child shall not
become a County charge whereupon the said defendant gave bond in the sum
of five hundred dollars with William EMMERSON his security conditioned
that said child shall not become a County charge & that said defendant
pay the price of fornication & cost of this suit & that Executor Issue
Martin W. OAKLEY clerk of this Court presented to this Court an account
of a settlement made by him with Joseph DUNCAN & Joseph TILMAN
administrators of the estate of Reubin T. TILMAN decd which report being
seen & by the Court understood was in all things confirmed and ordered
to be recorded.

On motion it is ordered by the Court that John COLLINS be appointed
overseer of the reed gap road in the room of William TALLEY and that he
have the former hands. Issued.

On motion it is ordered by the Court that James WILLIAMS Jason B.
SHUFFIELD and Adam MILLER be appointed commissioners to lay off and set
apart one years provision for Mrs. Mary SCOTT widow of George R. SCOTT
deceased and report to the next term of this Court.

On motion it is ordered by the Court that Phillip V. DOSS be
appointed overseer of the REEDS Gap road commenceing at or near Price
BROOKS & terminateing at the top of the ridge dividing of Cane &
Richland creek & that he have all the hands that live on the branch
said road runs up. Issued.

On motion it is ordered by the Court that Gideon FOX be appointed
overseer of the HALLS ford road commenceing at Thos. W. BARHAMS and
terminateing at HALLS ford on duck river and the he have the hands in
the following bounds to wit: commencing at HALLS ford thence to said
BARHAMS thence to the mouth of cedar creek thence up the river to HALLS
ford thence to the beginning. Issued.

(237)
February term 1839.
On motion it is ordered by the Court that Andrew SHARP be appointed
overseer in the room of David W. WILDER & that he have the former

hands. Issued.

On motion it is ordered by the Court that William McLANE be appointed
overseer of the road leading from Lewisburg to MORTONS Mill, commencing
at said Mill and that he have the following bounds, to wit: commenceing
athe mouth of Hurricane branch and running due west to the old Muarys
line thence with said line to duck river thence up said river to the
mouth of Rock creek thence up west rock creek to the beginning. Issued.
Court adjourned untill nine oclock tomorrow morning.
Asa HOLLAND JP
James V. EWING JP
Robert JOHNSTON JP

Tuesday morning February 6th 1839. Court met according to
adjournment present Asa HOLLAND Robert JOHNSON & James V. EWING,
Gentlemen Justice of the peace proclamation & C.

William COWDEN appeared in Court ad was thereupon appointed
Guardian of Ethelbert CLAYTON & Amanda CLAYTON he having Executed his
bond in the sum of Ten thousand dollars with Felix G. GIBSON and John F.
McCLELLAND his securities which was accpeted by the Court.

On motion it is ordered by the Court that James F. WARREN Michael
ROBINSON John F. FURGESON, William H. HOWARD & Jephtha EZELL be
appointed a Jury if view to change a part of the road leading from
Columbia to Murphesborough commenceing at Joseph H. BRITTAINS &
terminateing near Aaron BOYD, also a part leading from the end of said
BRITTAINS lane to Franklin commenceing at the end of said land and
terminateing near Esqr. MURDOCK’s.

(238)
Also to turn a part of the Nashville road commenceing at the end of
said BRITTAINS land & terminateing near the x rode between Michael
ROBINSONS and BRITTAINS if in their opinion the good of the public and
that of individuals require it, and report to the next April term of
this Court. Issued.

On mltion it is ordered by the Court that James F. WARREN be
appointed overseer of the road leading from Lewisburg to Nashville
commenceing at the south end of Joseph H. BRITTAINS Land and
terminateing at the Williamson County line and that he have the hands
in the following bounds, to wit: Beginning at Michael ROBINSONS
thence to Rebecca BOYDS, thence to E. R. KEREL thence to Elizabeth
RIGGS thence to Alexander RAY thence to E. J. DODSON thence to the
beginning including all hands in sadi bounds. Issued.

On motion it is ordered by the Court that S. C. CHETWOOD Henry
TALLEY, James B. TALLEY, Joseph MORRIS, Enoch RUST and Samuel FINDLEY
be appointed a Jury of View to change the Fayetteville and Nashville
road so as to run below Wright BRIANTS Spring if in their opinion the
good of the individual require it and report to the next April term of
this Court. Issued.

On motion it is ordered by the Court that Robert ORR, David RAMSEY,
James BELL, Henry SIDES, John CARPENTER, Alexander ADAMS be appointed
a Jury of view to change a part of the Fayetteville & Lewisburg road
running through Irwin McADAMS Land near RANKINS old shop, if in their
judgement the good of the individual require it and that of the public
not injured and report to the next April Term of this Court. Issued.

On motion it is ordered by the Court that James WILSON, James
SANDERS Sr, Enoch RUST, James G. LUNA James B. TALLEY S. C. CHETWOOD
Squire WILLIAMS & Henry TALLY be appointed a Jury of View to turn the
Cornersville & Fayetteville road to intersect the Nashville road
between Mrs. BEATY’s and Orson GRAY’s taken to consideration that the
good of the public and that of individuals & report thereon to the next
term April of this Court. Issued.

(239)
February term 1839.
And their being no further business before the Court, Court
adjourned untill Court in Course to meet at the Court house in the town
of Lewisburg.
Asa HOLLAND J.P.
Robert JOHNSTON J.P.
James V. EWING J.P.