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MARSHALL COUNTY TENNESSEE COURT MINUTES–JANUARY 1840 Page (323)cont. January Term 1840. At a County Court begun and held for at the Courthouse in the town of Lewisburg the place appointed by law for holing the several courts in said County on the 1st Monday in January, the same being the 6th day of the month A. D. 1840. present Benjamin WILLIAMS Chairman, John HATCHETT, Burgess HARDEN, Ephraim HUNTER, William WILKS, Lile A. EWING, Berry MOORE, Asa HOLLAND, James V. EWING, James ADAMS, James ELLIOTT J. L. EWING, Thomas CUMMINGS, Robert JOHNSON, John FOELD, William B. COOK proclamation &C. The following proceedings were had, On motion it is ordered by the Court that John R. HILL Sherriff of Marshall County be fined Two dollars and fifty cents for neglect of duty. On motion the Court went into an Election for chairman and the vote being taken and counted out stood as follows to wit, for Benjamin WILLIAMS thirteen for FIELD one for HOLLAND Two and for Burgess HARDEN one, whereupon Benjamin WILLIAMS was declared duly and constitutionally Elected chairman for the year 1840. On motion the Court went into an Election for a quorum and after the votes being counted out Burgess HARDEN John FIELD & Ephraim HUNTER was duly and constitutionally Elected the quorum for the year 1840 (324) January term 1840 . No.1 M. W. OAKLEY) Appropriation $25 vs. ) Marshall Cty ) On motion it is ordered by the Court that the Trustee of Marshall County pay unto M. W. OAKLEY clerk of the County Court of Marshall County the sum of Twenty five dollars out of any moneys in his hands not otherwise appropriated for services rendered by him as clerk for reporting to the supertendant of public instruction of scholastick population of said County for the year 1838 & 9 the following Justices of the peace being present and voting in the affirmative to wit, ELLIOTT, HOLLAND JOHNSON, ADAMS, HARDEN, HATCHETT, B. WILLIAMS, WILSON, MOORE, WILKS, FIELD, J. L. EWING, & COOK 13. Noes none. Issued State of Tennessee ) Venira for February term 1840 vs ) William W. CLIFT & ) others It is ordered by the Court that the following named persons be appointed to a ttend and serve as Jurors at the next February term of the circuit Court to be held for Marshall Co nty at the Courthouse inthe town of Lewisburg on the first Monday in February next (viz) In Civil District No. 1 William W. CLIFT “ James ELLIOTT 2 Joseph McBRIDE “ George McBRIDE 3 James G. LUNA “ Washington HUNTER 4 Abner G. JONES 5 George CUMMINGS “ John MILLER 6 John RAMSEY 7 Thomas HOPPER “ Thomas O. HUNTER 8 Jason B. SHUFFIELD “ James W. BEARD 9 Andrew LAIRD 10 Stephen W. RAINEY “ Abram F. LILLARD 11 Humphrey HARDISON “ John FIELD 12 James BAXTER “ Thomas GREEN 13 Berry MOORE 14 James C. POWELL “ Horatio M. PHILLIPS 15 Francis K. RAMBO “ John L. HARDEN All good and lawful men above the age of twenty one years and it is ordered by the Court that Harvey B. WELCH & Thomas H. (325) HOLLAND Constable for the four & fifteenth districts attend said Court in the capacity of constables, And it is further ordered by the Court that the Sheriff of Marshall County summon said Jurors and constables to attend at the Courthouse in the Toen of Lewisburg on the first Monday in February next then and there to attend in the capacity of Jurors and constables duren the term of said Court. Issued Jan.11th 1840. The Jury of view appointed at a former term of this Court to lay off and mark out a road commenceing at John DEARENS fence and terminateing at the Lewisburg road near Thomas RODGERS report as follows to wit, State of Tennessee, Marshall County. The undersigned free holders having been summoned by the Sherriff of Marshall County and duly sworn as a Jury if view to lay out and the road described in the annexed order, have proceeded to perform the duty assigned them & do agree upon and make the following report, tp wit, the said road shall begin at the corner of John DEARENS fence thence on the Line between DEARING and Thomas WILSOB to the eave Spring thence on the side of the hill along sd WILSONS fence so as to not to damage him thence on by Joel HARTS & Thomas ROGERS so as to include the Lewisburg road near said ROGERS they ha ve thus laid out said road to the greatest advantage of the inhabitnatesand as Little as may be to the prejudice of inclosures to the best of our knowledge & skill- all of which they respectfully submit to the consideration of the worshipful Court this 6th day of January 1840. Samuel BECKETT, James C. POWELL Isaac L. GRAVES, Green WILSON PeterWILLIAMS. Which report being hereby seen and by the Court understood was in all things confirmed and made the order of this Court. On motion it is ordered by the Court that Joel HART be appointed overseer to cut out a road 3rd class as marked out by the Jury of View commenceing at the corner of John DEARINGS place and terminating at the Lewisburg road (326) near Thos. ROGERS & that he have the following hands, to wit, John EMMERSON, James C. EMMERSON, Joseph EMMERSON, Archibald EMMERSON, Daniel CALVERT, George CALVERT, Thos. WILSON Jr. & Thos. SILSONS hand and report to the next April term of this Court. The Superintendant of the poor house appeared in Court and presented the following report, to wit, The superintendant of the poorhouse of Marshall County makes the following report, to wit, There is one female person placed in it decease old age say about sixty seven or eight years old. The expense of the establishment is To board of hands when working on farm $5.5o To Blacksmith work for use of do $2.50 the production of the farm is Eightyfive Barrels corn Five thousand bundles outs and Twelve hundred bundles fodder all which submitted to the worshipful Court January 6th 1840. Sunscribed, John GILBERT Superintendant subscribed and sworn to in open Court January 6th 1840. M. W. OAKLEY clk. Issued. Jao. GILBERT superintendant Sunscribed and sworn to in open Court January 6th 1840. M. W. OAKLEY clk. Issued. Jonathan BILLS and Garshal BILLS administrators of James A. GINNINGS decd reports that said estate is insolvant. John FIELD Guardian of the minor heirs of John HILL decd appeared in Court and presented a report as such which report was ordered to be recorded. Martin W. OAKLEY clerk of this Court presented to this Court an account of a settlement made by him with John FIELD Guardian of James MCFADDEN, Nobe MCFAFFEE, Reading MCAFFEE Carroll MCAFFEE, Hapsabeth MCAFFEE & Rebecca MCAFFEE for the yea r ending the 6th day of January 1840 which was ordered to be recorded. John FIELD administrator of John F. MARTIN decd appeared in Court and presented an Inventory of said estate which was ordered to be recorded. John FIELD administrator of John P. MARTIN appeared in Court and presented an account of sales of said estate which was ordered to be recorded. (327) January term 1840. The commissioners appointed at a former term of this Court to set a part to Sarah MARTIN widow of John F. MARTIN decd reports as follows to wit, We the undersigned freeholders of Marshall County after being duly sworn have proceeded to set apart to Sarah MARTIN widow of John F. MARTIN decd so much of the crop stock & provisions & money on hand or due or other assets as will be3 sufficient in our opinion to support her & her family one year from the death of her said husband we set apart to her for said purposes tje following articles, to wit, five hundred wieght of pork and fifteen barrels of corn Ten bushels of wheat oen cow and calf and one bed and furniture and twenty dollars, in money this 3rd day of January 1840 James OLD Wm. ALDRIDGE John McDANIEL Which report being seen and by the Court understood was in all things confirmed and made the order of this Court. The commissioners appointed at a fo4rmer term of this Court to set a part one years provision to Elizabeth GANT decd reports as follows, to wit, We the undersigned having been appointed to lay off and to Elizabeth GANT, widow of William G. GANT decd one years provision have allowed her five barrels of corn and three barrels of whear for head and five hundred weight of pork & six barrels of corn to fatten it & ten dollars worth of shugar coffee coffee & salt, Givin under our hands this 24th day of August 1839. W. B. COOK Wynne TWITTY S. G. COOK Which report being seen and by the Court understood was in all things confirmed and made the order of this Court. (328) January term 1840. The Jury of view appointed at a former term of this Court to mark out a road from farmington to the Bedford County line in the direction of SMITHS Mill on Duck River reports as follows, to wit, The undersigned free holders having been summoned by the Sherriff of Marshall and duly sworn as a Jury of View to lay out the road described in the annexed order have proceeded to perform the duty assigned them and so agree upon and make the following report, to wit the said load shall begin at Farmington and run a north east course leaving the Shelbyville road where it now does passing between HARKNESS and PYLAND’s and leaving HUNTERS on the left and Richard CLASCOCKS on the right, Runing on to Rich Creek meeting house on the County line John P. ONAL to the north, All which they respectfully submitted to the consideration of the worshipful Court this 27th day of December 1839. John H. BEATY (seal) Nathaniel X BULLOCK (seal) his mark Isom ONEAL (seal) Edward PWENBY (seal) E. C. OWENBY (seal) Surrell X WHITE (seal) John P. ONEAL (seal) Thos. BOAZ (seal) Which report being seen and by the Court understood was in all things confirmed and made the order of this Court. 2nd class, William W. CLIFT Elected a Justice of the peace presentrf a commission from the Govoner of the State of Tennessee and took the necessary oaths prescribed by law. On motion it is ordered by the Court that Thomas BOAZ be appointed overseer to cut out a second class road as marked out by the Jury of View commenceing at the Bedford County line and terminateing at or near the south west corner of Richard CLASCOCK’s plantation and that he have the hand in the following bounds, to wit,Beginning on the Bedford County line east (329) of K. O. CHAPMAN runing north with said line to include Jereliah HAY. thence west including George A. HARBER and D. H. YARBOROUGH thence south including Richard GLASCOCK thence with the road to NOWLINS Mill so far as to Include the widow SPENCE thence ease including K. O. CHAPMAN to the beginning and to open the road from Bedford line to where the road runing from the D south west corner of Richard GLASCOCK’s line plantation and that he have all the hands included in these bounds and return to the next April te m of this Court. Issued. On motion it is ordered by the Court that John HARKNESS be overseer to appointed to cut out a second class road commenceing at the south west corner of Richard GLASCOCKS plantation and terminateing at Farmington and that he have the in the following bounds, to wit: Beginning at and including Alfred LUNN thence including John BULLOCK thence including John H. BEATY thence south with the Huntsville road to the south bo ndary of Farmington thence including John CHILTON John ELLISON and Mary WILLIAMSON thence north with the road to CHANDLERS Mill so far as to include Alfred LUNN to the beginning and that he have all the hands on the above bounds and report to the next April term of this Court. Issued. It having been repr4esented to the satisfaction of this Court that Sarah CHITWOOD has died who was a resident of Marshall County leavong no will and S. C. CHITWOOD appeared in Court and made application for Letters of Administration of all and singular the goods chattles rites and credits of her the said Sarah CHITWOOD and the Court being satisfied of his right to obtain them and he having Executed his bond in the sum of Four thousand dollars with John W. CAMPBELL his security, the same is Granted. It is therefore ordered by the Court that Letters Issue accordingly he takeing the oath prescribed by law. It having represented to the satisfaction of this Court that William HUGHES died leaving no will and who was a resident of Marshall County at the time of his death and John P. HUGHES appeared in (330) Court and made application for Letters of Administration of all and singular the goods and chattles rites and credits of him and said Hughes and he having Executed his bond in the sum of seven thousand dollars Edmond HUGHES Wm. HUGHES Jonathan MORTON & Jeremiah HOLT, the same is granted. It is therefore ordered by the Court that Letters Issue accordingly he having taken the oath prescribed by law. John GILBERT appeared in Court and Executed their bond to the commissioners of the poor house in the sum of Five hundred dollars with Myriah ALLEN his security. The commissioners of the school land in Township No. 5 by James V. EWING secretary of said commissioners presented to the Court a report of said Land which was ordered to be recorded. On motion it is ordered by the Court that William DAVIS Thos. McKNIGHT, J. B. FOWLER, Abram TALLY and E. McKNIGHT be appointed a Jury if View change a part of the road Leading from Lewisburg to Cornersville commenceing at Levi COCHRAN’s shop north so as to straten his lane, if their opinion 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 Henry B. ERWIN Ebebezer NEWTON, Peter CARPENTER, Josiah BRECHEN Robert MONTGOMERY & Robert PATTERSON be appointed a Jury of View to assess damages to James ADAMS & Andrew DYSART in consequence of a road marked out from John CHRISTOPHERS old Place to the County line near John PATTERSONS if in their Judjement they have sistainted any damages or turn said road if in their opinion the good of the public and interest of individuals require it and report to the next April term of this Court Issued. On motion it is ordered by the Court that Hugh RAY, James GINGLES, Henry MORRIS, Gideon PARNEL, Ezekiel CLEEK M. P. HENLEY &C HARNER appointed a Jury of View to lay off & mark out a road commenceing at or near Hiram HARRIS by way of John T. HARRIS to intersect the (331) fishing ford at the dogwood Corner between John T. HARRIS and James GINGLES thence that the two run together with the line between James GINGLE’s and Gideon PARNEL and Continued on to the corner between T. O. HUNTER and James F. MEEK thence west with WARNER’s and HUNTERS line to the old road if in their opinion the good of the individuals require it & that of the public not injured and report thereon to the next April term of this Court, Issued. On motion iy is ordered by the Court that W. HUGHES Robert ORR, John VINCENT and John RICHER Wm. STONE and Wm. ORR be appointed commissioners to lay off and set apart to Christian HUGHES widow of Wm. HUGHES deceased one years provision frm the death of her husband and report to the next term of this Court. Issued. On motion Court adjourned until tomorrow morning nine o’clock. B. WILLIAMS Chairman Burgess HARDIN J.P. John HATCHETT J.P. James V. EWING J.P. Tuesday Morning January 7th 1840. Court met according to adjournment present Bnejamin WILLIAMS Chairman, John HATCHETT, Asa HOLLAND, Robert JOHNSON Burgess HARDEN and James V. EWING, Gentlemen Justices of the peace proclamation &C. The following proceedings were had- On motion it is ordered by the Court that Thomas ROSS Administrator of the estate of Davis WILLIS deceased of the estate, pay unto W. M. OAKLEY the sum of Four dollars in addition to fees heretofore paid him for s ervices rendered by him as clerk in consequence of said estates (332) January session 1840 It having been represented to the satisfaction of the Courtthat Camilla C. CAMPBELL has died who was a resident of her death leaving no will and John W. CAMPBELL appeared for Letters of adminstrator of all and singular the goods and chattles rites and credits of her the said Camilla C. CAMPBELL and he having Executed his bond in the sum of forty five hundred dollars with Asa HOLLAND and S. C. CHITWOOD his security the same is granted it is therefore ordered by the Court that Letters Issue accordingly he takeing the oath prescrbed by law. Milton B. HUNTER Guardian of Robert H. HUNTER appeared in Court and presented a report of what has come into his hands by virtue of his appointment which was accepted by the Court & ordered to be recorded. Martin W. OAKLEY clerk of this Court presented an account of a settlement made by him with Joab BAGLEY guardian of the minor heirs of Patrick H. TALLY decd for the year ending the 7th day of Jan. 1840 which report was ordered to be recorded. Martin W. OAKLEY clerk of this Court presented to this Court an account of a settlement made by him with Thomas ROSS administrator of the estate of Davis WILLIS decd which report being seen and by the Court understood was in all things confirmed and ordered to be recorded. On motion it is ordered by the Court that John ROBINSON Wm. ROBINSON, Andrew LAIRD, Jacob CALHOON, Lewis W. HOGG, Pinkney HOGG & Lewis RING be appointed a Jury of View to turn the public road round their opinion the good of the individual require it and that the oublic not injured and report to the next April term of this Court. Issued. On motion it is ordered by the Court that Felix GIBSON & John CLAYTON Ad. of Stephen CLAYTON dec. pay to M. W. OAKLEY Ten dollars in addition to the fees he has heretofore had for services rendered by him as clerk in consequence of said Estate. (333) January Session 1840. James M. BOWDEN Guardian of James M. BOWDEN of Luretha Jane ALLISON appeared in Court and presented an account of what has come into his hands by virtue of his appointment which was ordered to be recorded. It is ordered by the Court that Andrew McLEAN Grant I. ALLEN George H. ALLEN, Samuel McLEA, Abran F. LILLARD, Jeffrey BECK, James PATTERSON, Esqr. and Ephriam GREEN and Aaron C. WILSON be appointed a jury of view to lay out and mark a road from the north end of the Bridge on Duck River to RAINEY’s Store and report to the April term of this term. Issued. On motion Court adjourned until court in Course. B. WILLIAMS Chairman John HATCHETT J.P. James V. EWING J,P,

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