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MARSHALL COUNTY TENNESSEE COURT MINUTES–JANUARY 1838 SESSION Page (82) The State of Tennessee At a County Court begun and held for the County of Marshall at the house of Abner HOUSTONS on the first Monday in January the same being the first day of the month in the year of our Lord one thousand Eight hundred and thirty eight present Ephraim HUNTER Chairman pro tem John HATCHETT Thomas ROSS James ADAMS, William COWDEN Asa HOLLAND, John FIELD, Thomas HARDISON Thomas WILSON Berry MOORE, Robert JOHNSON Andrew LAIRD James PATTERSON William WILKS, James EWING & James REED gentlemen Justices of the peace proclimation &C. James OSBURN & Thomas ROSS appeared in open Court & took the oath prescribed by Law as commissioners to superintend the poor house of Marshall County. John LAWS having been duly and constitutionally elected a constable in and for the County of Marshall this day appeared in open court and took the oaths prescribed by law and gave bond with security for due performance of the duties thereof which bond is the words and figures following (to wit) State of Tennessee Marshall County. Know all men by thesepresent that we John LAWS John SHUFFIELD and James M. RIGGS all of 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 one thousand dollars for the payment of which sum well & truly to be made we bind ourselves & each of our heirs Executors administrators jointly and s everally firmly by these presents sealed with our seals and dated this 1st day January 1838. The condition of the above obligation is such that whereas the above bound John LAWS hath been elected a constable in 12th district in the County of Marshall & hath this day been duly qualified as such. Now therefore if the said John LAWS shall well and tualy execute and true return make upon all & every process which may come into his hands as constable as aforesaid & faithfully pay over & account for all moneys by his Collected as such to whomsoever may be legally authorized to receive the sme & do & oerform all such duties as are required by law otherwise to remain in full force & virtue. M. W. OAKLEY (Clk) John LAWS (seal) John SHUFFIELD (seal) Jas. M. RIGGS (seal) (83) The Court proceeded to make an appropriation for a poor house in Marshall County for which the Court made a donation of one thousand dollars, Magistrates voteing in the affirmative, John HATCHETT, Peter WILLIAMS, James L. EWING, Thomas HARDISON, Asa HOLLAND, Robert JOHNSON, James REED, Thomas WILSON Berry MOORE, William WILKS. Ephraim HUNYER 15- Noes none. Thomas W. HARDEN appeared in Court & was duly appointed guardian for Thomas WILLIS minor orphan of Davis WILLIS deceased who entered into bond in the sum of six hundred dollars with James OSBURN his security which was accepted by the Court. Thomas ROSS appeared on open Court & was duly appointed Guardian for Jesse WILLIS, minor orphan of Davis WILLIS deceased who entered into bond in the sum of six hundred dollars with John W. RECORD his security which was accepted by the Court. Joseph ROSSON appeared in open Court & was duly appointed Guardian for John KENERT minor orpahn of James KEVERT deceased who entered into bond in the sum of onw thousand dollars with James PATTERSON shis securities which was accepted by the Court. It having been represented to this Court that Nancey DRYDEN late of this County has died leaving no last will and testament and Benjamin BINGAMAN having applied for Letters of administration of all and singular the goods & chalttles rights & credits of said deceased & the Court being satisfied of his rite to obtain them & having also entered into bond and security accepted by the Court and the same is granted. Levi COCHRAN & Jeremiah HOLT presented in open court an Inventory & account of sales of the estate of William GIFFORD deceased which was ordered to be entered of Record. (84) Joseph H. HACKNEY presented in open Court an account of sales of the estate of Allen HACKNEY Deceased which was ordered to be entered of record. Ordered by the Court that the Following named persons be appointed the Venira Faceas of Jurors of the Circuit Court for the County ofMarshall to be held for said County at the house of Abner HOUSTON on the fourth Monday in March next, said Jurors all being good & lawful men above the ahe of Twenty one years, citizens of the body of said county ( to wit) James C. RECORD Henry COLLINS Sr. William BOATWRIGHT Andrew McLANE Joseph W. WINSTON James V. EWING William COWDEN Sr. Edward OWENSLEY Lile A. EWING John VINCENT Esqr. Tolbert ARTHURS John MORTON Aaron BOYD James M. RIGGS George R. SCOTT William CARUTHERS Thomas BRENTS John DAVIS William HAYS Josiah BLACKWELL Jerman WOODWARD John APPLEBY Sr Frances WOODS Sr John R. ERWIN & John H. LOGAN the constables of the 3rd & 16th district Lincoln Fraction. And it is further ordered by the Court that Constables for said County be appointed to attend said County & Jury. And it is ordered that the Sherriff of said County summon said Jurors & constables to attend said Court accordingly. Issued. The Court proceeded to Elect a Chairman, Whereupon John HATCHETT was duly and constitutionally Elected charman for the County Court of Marshall County for the next ensuing twelve months. William ARNOLD a minor of the age of fifteen years was this day bound to Joseph DAVIS untill he arrives to the age of Twenty one years. William WOLF a minor of the age of Fifteen years was this day bound to Robert M. DRYDEN untill he arrives to the age of Twenty one years, (85) It having been represented to the court that John BURMINGHAM late of this county has died leaving no last will & testament and G. W. BURMINGHAM & Sarah BURMINGHAM applied for letters of administration of all and singular the goods & chattles rights & credits of said deceased and the Court being satisfied of them right to obtain & having also entered into bond and security accepted by the Court the same is granted. Ordered by the court that Wesley A. GILES, Thomas H. HARDEN & David NOWLIN be appointed commissioners to lay off and set apart one years provision for Sarah BURMINGHAM the widow of John BURMINGHAM deceased and make report to the next term of this Court. Issued. The Jury appointed at the last term of this Court to view out a road from William STONES to Mooresville reports as follows (to wit) We the undersogned freeholders having been summoned by the shriff of Marshall County & dult sworn as a Jury of view to lay out the road described in the annexed order have proceeded to perform the duty assigned us & do agree upon and make the following report (to wit) The said road shall begin at William STONES, thence across globe creek at said STONES Mill thence with road now leading by Zadoc WINN to the top ridge thence south with the line between M. B. HOLT and Ashley MOORE about one fourth of a Mile then near a west course to Mooresville, we have thus lade out said road to the greatest advantage of the inhabitance & as little as may be to the prejudice of enclosures to the best of our Knowledge and skill all which we respectfully submit to the consideration of the worshipful court this 29th day of December 1837. M. B. HOLT (seal) Richard WILKS (seal) William M. ORR (seal) William STONE (seal) Tolbert ARTHURS (seal) Which report being heard and by the court understood was in all things confirmed & made the order of this Court. (86) Ordered by the Court that Zadoc WINN be appointed overseer to Cout out a road from William STONES to Mooresville as marked out by the Jury of view. Issued. Ordered by the court that John CHILTON be appointed overseer of the road from Lewisburg to John CHRISTOPHERS old place said that he have the former hands. Issued. Ordered by the Court that Joel S. HUGHES be appointed overseer of the road from Berlin to the County line near the mouth of the lane near John F. CARRS & that he have the following hands (to wit) John STEEL, Williamson SMITH, David BRYANT, A. M. McLABE, Thomas J. WEST, Hezekiah DAVIS, Noah HEDLY, Joseph HARDISON, James B. FULLESTON, Thomas FULLESTON, James C. BREWER, James HARDISON, Anderson HARDISON, William G. PICKENS, Laurence LOLLER, Elancen BRECHEM, Wright WILLIAMS, James DARK, Isaac DARK James H. BURNES, James H. W. DARING, H. W. DEARING, with their hands. Issued. John SHUFFIELD presented his resignation as constable of Marshall County which was accepted by the court. Ordered by the court that James FINDLEY be appointed overseer of the Hallsford road from the old Maury County Line to Berlin & that he have all the hands who formerly worked on said road. Issued. Ordered by the court that Donel N. HOLT be appointed overseer of the road leading from Fayetville to Columbia in the room of Ashley MOORE & that he have all the hands who worked under said Moore. Issued. Samuel ORMOND having been employed by the commissioners of the poor house establishment of Marshall County as a laborer & superintend thereof appeared in open Court & Executed his bond for his faithful performance of the same & took the oath prescribed by law. (87) The fact appearing to the satisfaction of the Court that Catharine BALLARD a widow of Marshall County has four Children of tender years in an actual stale of sufferance for want of the necessary of life. It is therefore ordered by the Court that a writ of Issue to the Sherriff of Marshall County commanding him to bring the said children before the next County Court of Marshall County thereto await the order of the Court Issued. The last will and testament of Christopher HOUSTON deceased was this day presented in open Court by James S. HAYES & John RAMSEY Executors &C. Whereupon James HOUSTON one of the heirs at lae of said Christopher HOUSTON Deceased appeared and filed his affidavit asking this Court to continue said will untilll the next term of this Court which was granted. The commissioners appointed to lay off the town of Lewisburg and superintedn the erection of the public buildings applied to this Court for an allowance for their services and on motion it is ordered by the court that said Commissioners have two dollars & fifty cents per day as full compensation for their services & Majority of the Court voteing the affirmative. Ordered by the court that Joseph ROSSON & Joshua BULLER be appointed Commissioners to lay off the bounds in which hands live subject to work on public roads agreeable to the numbber of hands and situation of the roads between the following overseers (to wit) Charles NEIL overseer from Caney Spring creek to the old Muary line on said road James B. SCOTT overseer from said wo where the Marshall line crosses said road & John LAIRD overseer of the Murphreesborough Road from the Marshall line at David WILSONS to Aaron BOYDS on said road & make report to the next term of this Court. Issued. (88) Ordered by the Court that Stephen WILLIS be appointed overseer of the road from the South side of the top of the Elk ridge above W. LEONARDS & terminate at William COOKS mill & that he have the hands who worked under Lewis SHAW the former overseer. Ordered by the Court that Nathan GLENN overseer of the road from LANHORNS hill to LARNES line have the hands in the following bounds (to wit) all the hands north of the ridge between Joel HARTS and Hiram WILSONS (issued) Court adjourned untill Ten o’clock tomorrow morning. John HATCHETT, Chairman Thos. ROSS, James REED J. P. Asa HOLLAND J. P. Tuesday Morning January 2nd 1838. Court met according to adjournment present John HATCHETT Chairman Thomas ROSS James REED Asa HOLLAND & James L. EWING Gentlemen Justices of the peace proclimation &C. Patey WILLIS appeared in open Court and was duly appointed guardian for Sarah WILLIS a minor orphan of Davis WILLIS deceased who entered into bond & security in the sum of six hundred dollars which was accepted by the Court. There being no furhter business before the Court, Court thereupon adjourned untill Court in Course. Jno. HATCHETT Chairman James REED J. P. Asa HOLLAND J.P.

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