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MARSHALL COUNTY TENNESSEE COURT MINUTES--JULY 1837 SESSION Page (39) State of Tennessee, Marshall County. At a County Court begun and held for the county of Marshall at the house of Abner HOUSTONS in the State of Tennessee on the first Monday in July the same being the 4rd day of the month in the year of our Lord one thousand eight hundred and thirty seven - Present William McCLURE chairman E. HUNTER S. DUNNEGAN James PATTERSON Berry MOORE Thomas CUMMINGS William COWDEN Peter WILLIAMS James L. EWING Gentlemen Justices of the peace, proclimation &C. Ordered by the Court that James EWING John ORR & Jessee STEGALL be appointed commissioners divide the hands between the following overseers (to wit) john FISHER and Isaac W. WALKER and make report to the next term of this Court. Issued. Ordered by the Court that Jason W. OGILVIE be appointed overseer of the Murphysburough rode commenceing at the Fishing ford and terminateing at the north end of A. MILLERS land and that he have the former hands. Issued. Ordered by the Court that James BIGGER be appointed overseer of the road commenceing at the north end of A. MILLERS land and terminating at the County Line and that he have all the hands who worked under the former overseer. Issued. Ordered by the Court that John M. LANE be appointed overseer of the Fishing ford commenceing at rich creek and terminateing at the Fishing ford of Duck river and that he have all the hands who worked under the former overseer. Issued. Ordered by the Court that Kendell DAISEY be appointed overseer of the road leading from Murphisvorough to Columbia commenceing at the Fishing ford road and that he have the former hands. Issued. (40) Ordered by the Court that. The last will and testament of Allen N. WOODS deceased was this day proven in open Court by the oath of Frances H. WOODS Thos. A. HALL and Lile A. EWING subscribing witnesses thereto and was ordered to be entered on record. Whereupon William D. EWING, James L. WOODS Executors and Martha B. WOODS Executrix the last will and testament of the said Allen N. WOODS deceased appeared in open Court and have bond in the sum of three thousand dollars with securities accepted and approved of by the Court and took the oath required by law. Ordered by the Court that John ORR John RAMSEY & Isaac W. WALKER be appointed commissioners to lay off one years provision for the widow of Allen N. WOODS deceased out of the property that is not set forth in the will of the deceased. Issued. Martin W. OAKLEY clerk of this Court County Court of Marshall County Exhibited in open Court an account of Books purchased by him for the purpose of keeping the records of his office amounting to Thirty two dollars and 30 cents- And on motion the ayes and noes were ordered and are as follows- Ayes, James PATTERSON, James REED, Thomas WILSON, E. HUNTER Peter WILLIAMS, Robert JOHNSON, Berry MOORE, William COWDEN Thomas CUMMINGS, James L. EWING, John HATCHETT, T. DUNNEGAN and William McCLURE 13. Noes none and it is therefore ordered by the court that the County Trustee pay the same out of any moneys in his hands not otherwise appropriated. Issued. John ELLIOTT register of Marshall County Exhibited in open Court an account of a book purchased for the purpose of keeping records of his office amounting to Ten dollars and 12 1/2 cents - on motion the ayes and noes were taken and are as follows - Ayes James PATTERSON, James REED, Thomas REED, Thomas WILSON, Peter WILLIAMS, Robert JOHNSON, E. HUNTER, Berry MOORE William COWDEN, Thomas CUMMINGS, James L. EWING, John HATCHETT and S. DUNNEGAN, & William McCLURE 14- Noes none- and it is ordered by the Court that the County trustee pay the same out of any monies in his hands not otherwise appropriated. Issued. (41) Rebecca COLLINS this day appeared in open Court and made oath that a certain Lewis WOOTEN who is a pauper is now under her care & that he is unable to render any services to himself and has no means of supporting himself, and prays the Court to grant her some assistance to enable her to do it. It is therefore ordered by the court that the Treasurer of of this County pay said Rebecca COLLINS Ten dollars for services heretofore rendered to said Lewis WOOTEN, out of any monies in his hands not otherwise appropriated. James REED James PATTERSON, Sherwood DUNNEGAN, James L. EWING, John HATCHETT Peter WILLIAMS, Thomas WILSON, Ephraim HUNTER, Robert JOHNSON, Berry MOORE, Wm. COWDEN, Thomas CUMMINGS, William McCLURE Require, voting in the affirmative. At the County Court held for the County of Marshall on the first Monday in may A. D. 1837 a memorial was filed in this Court praying an order of Court for the erection of a bridge across Duck river & for other purposes. And at the June term of said Court the memorial was by order of sd Court set for hearing at thepresent term of this Court. It is therefore ordered by the Court that Andrew LAIRD, Aaron BOYD, James BIGGER, John SHUFFIELD, James EWING, Joseph CLICK, Thomas H. HARDIN, James REED, James OSBURN, Berry MOORE, Thomas HARDISON, George W. McBRIDE, Asa HOLLAND, and James B. LOWRY be appointed a jury of review to dix on and select such suitable place on said river where to build said bridge that will best promote the interest of the Citizens of this County in general and report their proceedings hereon to the next term of this Court, until which time all further proceedings in the premises are reserved. Issued. In having been represented to the satisfaction of this Court that Lucretia SHUFFIELD late of this County hath reparted this life leaving no last will and Testament, and Jason B. SHUFFIELD havingf applied to this Court for letters of administration of all and singular the goods and Chattels Right s and Credits of the aforesaid Lucretia SHUFFIELD decd and the Court being satisfied of his right to the same and he having entered into bond with securities approved of and accepted by the Court & took the oath prescribed by law, the same is granted. (42) Ordered by the Court that Thomas ROSS and John HATCHETT Esqr be appointed a Committee on the part of this Court to wait on the part of this Court to wait on Captain Abner HOUSTON and ascertain of him what amount of charges he calculates on prefering against the county of Marshall for house rent and fuel for the County and Circuit Courts of this County either monthly or annually and report thereon to the first session of this Court after such facts are ascertained by them. Issued. Joab BAGLEY this day appeared in open Court and entered into bond in the sum of Two thousand dollars, with securities approved of and accepted by the Court, he was therefore appointed Guardian of William H. and Patrick H. TALLY minor orphans of Patrick H. TALLY Deceased. Aaron BOYD and Reuben REYNOLDS administrators of all and singular the goods and Chattels, Rights and Credits of William WALLACE Deceased this day appeared in open Court and exhibited the accounts of sales of the property of said deceased and on motion was ordered to be recorded. James OSBURN this exhibited in Court his account as Guardian of the minor heirs of Durham COLLINS Deceased which was received by the Court, and on motion ordered to be recorded. The Jur appointed at the last term of this Court to view out an mark out a road from Farmington to Lewisburg made to this Court the following report, viz-- The undersigned freeholders having been summoned by the Sheriff of Marshall County and duly sworn as a Juryof view to lay out the road described in the annexed order have proceded to perform the duty assigned them and do agree upon and make the following report-- to wit: The said road shall begin at Farmington thence west with Columbia road untill opposite John REED's dwell- thence Southwest with the was as marked by said Jury, leaving Henry CRISWELLS on the left, and Robert OWENS on the right until we intersect the Murfresborough and Pulaski road;-- thence South with said road to Lewisburg. They have then laid out said road to the greatest of advantage of the inhabitants and as little as may be to the prejudice of enclosures to the best of their knowledge and skill, all which they submit repectfully to the consideration of the worshipful (43) Court this 20th day of June 1837. Thomas LONG John ELLISON John HARKNESS John H. BATEY Bennet PYLAND R. M. DRYDEN Which report was received by the Court. And thereupon on motion Robert OWENS was by the Court appointed to open the aforesaid road from Farmington to Lewisburg commenceing on the Columbia & Shelbyville road opposite the dwelling house of John REED and terminateing where the said road as marked by said Jury of view, intersects the Pulaski road and that he have the hands in the following bounds for that purpose Viz; Including James EWINGS Esqr thence with the Fishing ford road to the Ford on East Rock Creek thence including William PYLAND Snr- thence including Farmington, thence including Isaac W. WALKER thence including Ezekiel E. VERNOR, then including David McCLERY and James FONVILLE, thence including James LIGGETT thence including D. H. YARBOROUGH to the beginning. Issued. Harley B. BROWNWELL Administrator of all and singular the Goods and Chattels, Rights and Credits of Martha HAY Deceased this day appeared in open Court and exhibited the account of sales of the personal property of said deceased - which on motion was ordered to be recorded. Aaron BOYD, G. H. ALLEN & Michael ROBINSON who were at the Marsh last term of this Court appointed by the Court Commissioners to make division of the hands amongst the following overseers &C- reports as follows, viz; Aaron MILLS to RAINEY's Store shal have G. H. ALLENS, M. PATTERSON, Henry MARTIN, Wm. WATKINS, David CHADWELL, William REYNOLDS or RUNNELS, James James RECORD, James REED and Daniel DOSAY, Grant IL. ALLEN overseer from RAINEYS Store to a ledge of Rocks near Josiah WILSONS- shal have Edward WALKER, C. CARRINGTON, S. AMOS's B. G. RAINEYS, Benjamin MAYS, James PATERSON, John MORTONS & Robert NETHERLY. William H. HOWARD overseer from a ledge of rocks near Josiah WILSONS to Joseph W. BRITTAINS shall have Josiah WILSON Senr. Josiah WILSON Jun. Hiram WILSON Hugh BIDWELL, Edmund GREEN, Sherwood DUNNEGAN, D. P. MARTIN Richard VENEABLE, James VENEABLE, P. H. LOVINS, Jacob GIRARD & Samuel RADFORD. Joseph H. BRITTAIN overseer from his house to the Williamson County line near SHEPARDS shall have B. D. BUTLERS J. B. FIELD, Josiah DIXON, Michael ROBINSON, E. A. PATTON, Rebecca BOYD hands. Which report was received and made the order of this Court. Issued. (44) A report of a Jury of review - Agreeable to the order to us directed from Worshipful Court of Marshall County at June term of said County, we the Jurors named in said order after being duly sworn have proceeded to view the said road round or through Marcellus COOK's Lot agreeable to said order as Laid off by the first Jury we report & say he well sustain no damages in Testimony whereof we have hereunto subscribed our names July 1st 1837. B. G. RAINEY John MORTON G. T. ALLEN E. W. HUNTER appeared in open Court & presented a partition praying a Jury to be appointed by the Court to assess damages or change the rout of the road laid out to pass through his land whereupon the Court appointed a Jury consisting of the following persons Thomas C. HUNTER, John M. LANE David COTNER, Charles HOPPER, John PENN, Bennet PYLAND, Samuel EWING who are authorized to change said road or assess the damages the individuals does sustain takeing into consideration the public intrust as well as that of the individual and make report to the next term of this Court. Issued. A paper writing purporting to be thelast will and testament of Christopher HOUSTON, late of Marshall County, deceased was this day presented in open Court for probate by John RAMSEY and James S. HAYES part of the Executors therin named, whereupon James HOUSTON, William COWDEN & others therein named came into open Court and renounced their right to qualify and act as Executors of said will and the validity of the said paper writing being contested as the last will and testament of the said Christopher HOUSTON decd by James HOUSTON, Lillis BILLS, Samuel YOUNG and his wife Sarah YOUNG, Placubo HOUSTON Thomas N. LONDON & Samuel H. LONDON heirs at law of the said Christopher HOUSTON decd and the said parties contesting having given bond and security agreeably to law. It is therefore ordered by the Court that these facts be certified to the next Circuit Court to be holden for the said County of Marshall and that the clerk of this Court file with the Clerk of the said Circuit Court the original paper writing filed and offered for probate as aforesaid with a copy of these proceedings. (45) The County of Marshall) vs ) Bastardy Josiah BRECHEM ) The defendant in this case this day appeared in open Court agreeably to the tenor of his recognizance as the reputed father of a Bastard child born of Mary Ann MONTGOMERY single woman, And made oath that for the want of a material witness he cannot at this term go safely into trial - said Cause is therefire Continued to the next term of this Court- by said defendents entering into bond and approved security for his appearance at said term - whereupon said defentant Josiah BRECHEM, Ephraim HUNTER & AlexanderCHRISTIAN appeared in open Court Severally assigned a bond, the said Josiah BRECHEM in the sum of Two hundred & fifty dollars & Ephraim HUNTER & Alexander CHRISTIAN in the sum of onehundred & twenty five dollars each, conditioned that said Joshiah BRECHEM shall be and appear at the next term of this Court to be held for the County of Marshall at the house of Abner HOUSTON, on the first Monday in August next and not depart thence without leave of the Court. The Court adjourned untill Ten o'clock to-morrow morning. Wm. McCLURE Chariman Thos. ROSS James REED J. P. Tuesday morning July 4th 1837. Court met according to adjournment members present William McCLURE Chairman, Jas. REED & Thos. ROSS Gentlemen Justices of the peace, proclimation &C. The sheriff not being present or either of his deputys being present therupon the court appointed JohnWILSON pro tem Sherriff to open and adjourn Court. Ordered by the Court that John R. HILL Sherriff orf Marshall County be fined in the sum of Two dollars and fifty cents for failing to appear at this court by himself or deputies and discharging his duty as Sherrof as he was by law bound to do. (46) The Court adjourned untill Court in Course. Wm. McCLURE Chairman Thos. ROSS J. P. James REED J.P.

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