This file was transcribed by TNM

MARSHALL COUNTY TENNESSEE COURT MINUTES–JULY 1839 Page (273) July term 1839- State of Tenn. Marshall County. At a County Court Begun and held for the County of Marshall at the Court house in the Town of Lewisburg the place appointed by law for holden the several Counts in said County on the first Monday in July the same being the first day of the month A.D. 1839 pr. Burgess HARDEN, Wm. B. COOK, As HOLLAND Peter WILLIAMS, William WILKS, Joseph CLECK, James ADAMS, John T. HARRIS, Thomas WILSON. James V. EWING, S. C. CHITWOOD, William COWDEN, B. C. BRANTLEY, James L. EWING, J. B. SHUFFIELD, Liel A. EWING, John HATCHETT, and Thomas CUMMINGS Gentlemen Justices of the peace, Proclamation &C. The chariman being absent and on motion it is ordered by the Court that Burgess HARDEN be appointed Chairman Protem. On motion it is ordered by the Court that Thos. B. FAVOR William FAVOR and Bird B. LAVENDER, be appointed commissioners to lay off and st apart one years provision for Winaford JONES Widow of Benton JONES decd from the death of her said husband and report to the next term of this Court. Issued. Revenue Commissioners) Appropriation $9 each No. 1 vs ) Marshall County ) On motion it is ordered by the Court that the Trustee of Marshall County pay unto the Revenue commissioners the sum of nine dollars each for the year 1839 out of any moneys in his hands not otherwise appropriated for takeing and returning a list of taxable property & polls for the present year the following Justices of the peace being present and voteing in the affirmative- COWDEN, COOK, CHITWOOD, CUMMINGS, ADAMS, BRANTLEY, CLEEK, SHUFFIELD, J. L. EWING, P. WILLIAMS, WILSON, HATCHETT, WILKS HOLLAND, HARDEN & HARRIS 16, Noes none. Issued to W. WILKS Issued to A. ADAMS Issued to Jas. ELLIOTT Issued to WILSON Issued to Jason B. SHUFFIELD Issued to CHITWOOD Issued to JOHNSTON Issued to Jas. V. EWING Issued to CLEEK August 28th 1839 Issued to COOK Oct. 7th 1839 Issued to Lile A. EWING Nov. 26th 1839 To LILLARD, To HARDISON, To BRITIAN Issued to HATCHETT August 28th 1839 (274) July Term 1839. No 2 Wilson P. DAVIS) Appropriation $6.75 Jailer vs ) Marshall County ) On motion it is ordered by the Court that the Trustee of Marshall County pay unto Wilson P. DAVIS the sum of six dollars and seventy five cents out of any moneys in his hands not otherwise appropriated for keeping Andrew NICKENS in Jail The following Justices of the peace being present and noteing in the affirmative, COWDEN, COOK, CHITWOOD, CUMMINGS, ADAMS, Lile Al EWING, BRANTLEY, CLEEK, SHUFIELD, P. WILSON, P. WILLIAMS, WILSON HATCHETT, HOLLAND HARDEN & HARRIS 14, Noes none. Issued. No. 3 Wilson P. DAVIS ) Appropriation $5.12 ½ Jailer vs ) Marshall County ) On motion it is ordered by the Court that the Trustee of Marshall County pay unto Wilson P. DAVIS the sum of Five dollars 12 ½ out of any moneys in his hands not otherwise appropriated for keeping William TRAMELL in Jail. The following Justices of the peace voteing in the affirmative, COWDEN COOK, CUMMINGS, ADAMS, L. A. EWING, BRANTLEY, CLEEK, SHUFFIELD, J. L. EWING, P. WILLIAMS, WILSOM, HOLLAND, HARDEN & HARRIS 14. Noes none. Issued. No. 4 M. W. OAKLEY Clk) Appropriation $20 Clerk vs ) Marshall County ) On motion it is ordered by the Court that the Trustee of Marshall County pay unto M. W. OAKLEY clk the sum of Twenty dollars out of any money in his hands not otherwise appropriated for making out and delivering to the sherriff of Marshall county the tax list for 1830- the following Justices of the peace being present and voting in the affirmative, COWDEN, COOK, CUMMINGS, ADAMS, L. A. EWING, BRANYLEY, CLEEK, SHUFFIELD EWING, P. WILLIAMS, WILSOM, HATCHETT, HOLLAND HARDEN & HARRIS 15, Noes none. Issued. (275) July term 1839. No. 5 Joseph McCORD) Appropriation $5.00 vs ) Marshall County On motion it is ordered by the court that the Trustee of Marshall County pay unto Joseph McCORD the sum of Five dollars out any moneys in his hands not otherwise appropriated for summoning a Jury of inquest the following Justices of the peace voting in the affirmative, COWDEN, COOK, CHITWOOD, CUMMINGS, ADAMS, L. A. EWING, BRANTLEY, J. L. EWING, P. WILLIAMS WILSOM, HOLLAND, HARDEN & HARRIS 13- Noes none. Issued. No. 6 William T. COOK) Appropriation $39.47 ½ vs ) Marshall County ) On motion it is ordered by the court that the Trustee of Marshall County pay to William T. COOK the sum of Thirty none dollars 47 ½ cents out of any moneys in his hands not otherwise appropriation for keeping Mrs. MYERS an idiot, the following Justices of the peace voteing in the affirmative COWDEN, COOK, CHITWOOD, CUMMINGS, ADAMS, BRANTLEY, CLEEK, J. L. EWING P. WILLIAMS, WILSOM, HOLLAND, HARDEN & HARRIS 13. Noes none. Issued. No. 7 Asa HOLLAND) Appropriation for holding Quo. Court vs ) Marshall County On motion it is ordered by the court that the Trustee of Marshall County pay to Asa HOLLAND sixteen dollars and 50 cents to Thomas WILSON fifteen dollars and to James V. EWING fifteen dollars out of any moneys in his hands not otherwise appropriated for seting as a quorum Court for the year 1838- the following Justices of the peace being present and voteing in the affirmative, COWDEN, COOK, CHITWOOD CUMMINGS, ADAMS, L. A. EWING, BRATLEY, CLEEK, WILSON, WILKS, HOLLAND, HARDEN & HARRIS 13. Noes none0. Issued to HOLLAND Issued to WILSON, Issued to EWING. (276) July Term 1839. No. 8 Joseph McCORD) Appropriation $9 for hold Election vs ) Marshall County ) On motion it is ordered by the court that the Trustee of Marshall County pay to Joseph McCORD Coroner the sum of nine dollars out of any moneys in his hands not otherwise appropriated for holding the Election for County offices at the last Election at the several presincts in said County the following Justices of the peace voting in the affirmativeCOWDEN, COOK, CHITWOOD, CUMMINTGS, ADAMS, B4RANTLEY, CLEEK J.L. EWING, P. WILLIAMS, WILSOM, HOLLAND, HARDEN & HARRIS 13. Noes William WILKS 1. Issued. No.9 John ELLIOTT ) Appropriation $7.25 for Book register. vs ) Marshall County ) On motion it is ordered by the Court that the Trustee pay unto John ELLIOTT Register the sum of seven dollars and 25 cents out of any moneys in his hands not appropriated for the books bought by him for to keep the records of his office the following Justices of the peace being present and voting in the affirmative, COWDEN, COOK, ELLIOTT CUMMINGS, ADAMS, BRANTLEY, CLEEK, L. A. EWING, Peter WILLIAMS, WILSON HOLLAND, HARDEN & HARRIS, 13. Noes none. Issued. Martin W. OAKLEY clerk of this Court presented to this Court an account of a settlement made by him with William COWDEN, Guar. of the minor heirs of James COOPER decd for the year ending the 1st day of July 1839, which report being seen and by the court understood was in all things confirmed and ordered to be recorded. Martin W. OAKLEY clerk of thisCourt presented to this Court an account of a settlement made by him with John S. BROWN Guar, of the minor heirs of Wilie WINSETT decd for the year ending the 1st day of July 1839 which report being seen and by the Court understood was in all things confirmed 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 Thos. D. KENEDY Guar of Minerva EVANS minor heir of John EVANS decd for the year ending the 14th day of June 1839, which report being seen & by the Court understood was in all thingts confirmed and ordered to be recorded. (277) July term 1839. Martin W. OAKLEY clerk of this Court presented to this Court and account of a settlement made by him with John B. FOWLER guardian of William FLEEMING minor orphan of William FLEMMING decd for the year ending the 7th day of June 1839 which report being seen and by the Court understood was in all things confirmed and ordered to e recorded. State of Tennessee ) Venira for October term 1839 vs ) Liberty BEASLEY & others) It isordered by the Court that the following named persons be appointed to attend ans serve as Jurors at the next term of the circuit Court to be held for Marshall County at the court house in the Town of Lewisburg on the first Monday in October next (viz) In Civil District No. 1 Liberty BEASLEY Samuel WILSON “ 2 James REED James HARRIS “ 3 Squire WILLIAMS “ 4 William McADAMS “ 5 James BELL “ ” Thomas CUMMINS “ 6 John HARKNESS Jr. “ ” Robert M. DRYDEN “ 7 Lastly CLAIBORN “ 8 Bradley K. GAMBRAL “ ” Hiram HARRIS “ 9 John F. FERGUSON “ 10 James PATTERSON Esqr. No. 11 Charles HARDISON “ ” Matthew GILES “ 12 Joseph DAVIS “ ” James B. RECORD “ 13 John WILKS ” Calvin H. HOLT 14 Archabald McCONNEL “ William O. RUTLEDGE 15 John HATCHETT “ Aser COCHRAN All good and Lawful men above the age of Twenty one years and it is ordered by the Court that James C. EMMERSON and Leonard BULLOCK constables for the ninth and fourteenth districts attend said Court in the capacity of constables and it is further ordered by the court that the Sherriff of Marshall County summon said Jurors and constables to attend at the Court house in the town of Lewisburg on the first Monday in October next then and there to attend in the capacity of Jurors and constables duren the term of said constables Court. Issued July 9th. (278) July term 1839. On motion it is ordered by the court that Jeremiah HAYS John CRUSE, G. A. HARBER, Hugh RAY, M. C. HENLEY, Jeremiah HAY Jr and Christian HARBER be appointed Jury of view to change a part or parts of the Nashville road Leading from Hannah’s Gap to Nashville by way of CHANDLER’s Mill commecning at the corner of Wm. CLEEKS field and terminateing at or near Hiram HARRIS’s if in their Judgement the good of the individuals require it and that the public not injured and report thereon to the next October term of this Court, Issued. On motion it is ordered by the Court that Lewis TAYLOR be appointed overseer of the road commenceing at the County line near John STATEON’s and terminateing at CHANDLER’S Mill and that he have the former hands, Issued. On motion it is ordered by the Court that John RHEA, Jonathan SMITH Harry BARY, Jonathan GREEN, James PATTERSON, William TILLMAN and Shadrach TILLMAN be appointed a Jury of view to lay off and mark out a road commenceing at John H. BRECHEM’s and to terminate at the Lewisburg road in their Judgement the good of the individual require it and that of the oublic not injured and report thereon to the next October term ot this Court. Issued. It having been represented to the satisfaction of this Court that Edwin C. HUNTER a resident of Marshall County has died leaving no last will and testament and Alexander DYSART and Milton B. HUNTER appeared in open Court and made application for letters of Administration of all and singular the goods and chattles rightd and credits of him the said Edwin C. HUNTER and they having Executed their bond in th e sum of Twenty thousand dollars with James ADAMS and John MILLER their securities which was accepted by the Court It is therefore ordered by the Court that Letters of Administration Issue accordingly they taking the oath prescribed by law. On motion it is ordered by the Court that John RAMSEY R. C. DYSART, John MILLER, A. L. BILLS & E E VERNER be appointed commissioners to lay off & set apart one years provision for Clarrissa HUNTER wodow of Edward C. HUNTER decd the death of her said husband and report thereon to the next term of this Court. Issued. (279) July term 1839. James B. GILPEN who was appointed at a former term of this Court guardian of the minor heirs of Nathan BATGLEY deceased appeared in Court and released Josiah BLACKWELL as security of him the said GILPIN, it is therefore ordered by the Court that the said BLACKWELL be released from any further liabilities in consequence of sais Guardianship. And the said GILPIN Executed his bond in the sum of Two thousand dollars with William MOSLEY his security which was accepted by the Court. On motion it is ordered by the Court that Ezekiwl E. VERNER, Garsham BILLS, Joseph McDOWELL, Jessee STEGALL, Isaac W. WALKER. John ERWIN Sr & Jonathan BROWN, be appointed a Jury of view ot 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 Judgement they have sustained any damages or turn said road some other route if in their opinion the good of the public require it, and report thereon to the next October term of this Court. Issued. Narcissa BAGLEY & Robert W. BAGLEY minors who sue by their next firend Joab BAGLEY ) Petition for removing vs ) Guardian James B. GILPIN & wife) This cause coming on to be heard upon hill and proff and all things in the premises being seen and by the Court fully understood it is ordered by the Court that this cause be dismissed t hat the defendants James B. GILPIN & wife Anna G. GILPIN be discharged and recover t he petitioner Joab BAGLEY the costs of these proceedings for which executions may issue. Rod. of Joab BAGLEY Two dollars 12 ½ cents in full of the costs in the above suit August 5th 1839. M. W. OAKLEY clk. (280) July term 1839 State of Tennessee) Inquest of Lunacy vs ) Elinder MYERS ) This cuase coming on to be herd upon the report of the Inquest who was summoned by the Sherriff of Marshall County in pursuance of an order made at the April term of this Court which report is in the words and figures following, to wit: We the undersigned having been duly summoned and sworn by the Sherriff of Marshall County as a Jury of inquest to examine Mrs. MYERS wife if Marmaduke MYERS relative to the condition of her mind &C. Do state that we found her in a small hut about 9 ft. square with a rough puncheon floor in the care of William COOK and do further state that we consider her perfectly insane given under our hands and seals this 27th day of June 1839. Wm. B. CLARK (seal) Robert JOHNSON (seal) Wm. B. COOK (seal) Moses PARK Sr. (seal) Robert M WALTER (seal) Silas McCLELLAND (seal) John M PARK (seal) John A. COUGH (seal) Bradley ACUFF (seal) Joseph McBRIDE (seal) Joseph NICHOL (seal) Hardy BROWN (seal) And thereupon it is ordered by the Court that the Sherirff of Marshall County forthwith proceed to let out the above named Mrs. MYERS to the Lowest bidder for the term of Twelve months from this date, & thereupon Court adjourned untill ten oclock tomorrow morning. B. HARDEN Chariman proten Asa HOLLAND J.P. James EWING J.P. (281) July term 1839. Tuesday morning July 2nd 1839. Court met according to adjournment present Burgess HARDEN Chairman proten Asa HOLLAND & James V. EWING, Jas, L. EWING Gentlemen Justices of the peace Proclamation &C, On motion it is ordered by the Court that James BROWN be appoint4ed overseer of the road commenceing at RADFORDS old place and terminateing at James EWING near halls Camp gouund and that he have the former hands. Issued. On motion it isordered bythe court that William A. RECORD be appointed overseer of the road leading from James EWING to David FAUSETT and that he havethe following hands to wit, Jonathan SMITH, & hands John McDANIEL Thos. NOX Jr. Robert L. WINSTON’s hands Carroll DIXON, William ROGERS, David ROGERS Fr. Jackson ROGERS, Joseph GLENN, Gideon HARRIS hands David & Nanthaniel HARRIS’s hands Littleton & Elijah LINCOLN Samuel A. TILLMAN, James LED BETTER Samuel NIX Thos. WILLET, Alfred HOBBY William WINSTON Joseph W. WINSTON and all other hands that may live in the above bounds. Issued. James V. EWING Trustee of Marshall County appeared in open Court and executed his bond inthe sum of Four thousand dollars two hundred and fifty none dollars and 84 cents payable to the superintendant of public instruments with John R. HILL & James L. EWING his security which was accepted by the Court and thereupon Court adjourned untill Court in Course. Burgess HARDIN Chariman James L. EWING J.P. James V. EWING J.P. Asa HOLLAND J.P.

Submissions to these pages remain the copyrighted property of the submitter. Commercial use of this information is strictly prohibited without prior permission. If copied for personal genealogical use, this copyright notice MUST appear with the information. Otherwise, contact the submitter.