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Marshall County Tennessee Court Minutes
(-Note: The following is transcribed from Minute Book Vol. A., which
covers dates from March 1837 to 1840, and begins with page 1 from the
original book.)
Page (1)
Monday Morning March 6th 1837. Court conveyned according to
ajornment - Members present William McCLEUR Chairman A. MILLER E.
HUNTER William WILKS James PATTERSON & Joseph CLEEK Gentlemen
Justice of the peace - proclimation &c.
Ordered by the court that David McGAHEY Thos. ROSS Thos. WILSON
be appointed commissioners to ascertain the proper amount of taxes for
the year 1837.
Thomas HARDISON elected Justice of the peace appeared in open court
and took the necessary oaths prescribed By law.
John H. BILLS appointed overseer of the road from Lewisburg to
RADFORDS old place and Thos. ROSS Esqr. and John M. HOUSTON be appointed
commissioners to assess hands to work under said BILLS. Issued.
Ordered by the court that the county trustee pay to Hugh McCLELAN
four dollars out of the monies that may come into his hands for services
rendered by him in surveying the county line of Marshall on the north
side of Duck river.
Issued.
The last will & testament of Matthew WALLACE Deceased was proven in
open court by the oath of Leonard BULLOCK & John RYLED & ordered to be
entered on Record.
Ordered by the court that the county trustee pay to Andrew LARD
Esqr. Thr e dollars for surveying a part of the county line on the
north side of Duck river Issued.
(2)
March Term 1837 Ordered by the court that George W. McBRIDE John
COWDEN and Silas McCLELLAND be appointed commissioners to lay off one
years provision for the widow of Benjaman SHORT Deceased Issued.
Ordered by the court that the county tax be five cents on each
hundred Dollard of taxabel property and all priveledges one fourth of
the State tax and each white pole Twelve and one half cents.
Ordered by the court that Jerman *****RD be appointed overseer of
the road from big lick to Stephen PORTERS and that John WOODWARD & John
BLACKWELL be appointed commissioners to assign hands to the above
overseer. Issued.
Ordered by the court that the following report of a Jury of view
appointed at the last Term of this court be adopted. In pursuance of
an order from the worshipful, the County Court of Marshall County to
as directed as a Jury of Review to Review the Road from Lewisburg to
the County Line by McCOLLUM's Gap and turn said road or assess damages,
Report as follows viz. Beginning at the Giles County line at a buckeye
in the land Between SMITH and CLIFT, thence running the new cut road to
the Ridge South of William HAYE's thence turning with the ridge east of
said road as marked by this Jury to the first point leading north
thence down said point to the Columbia Road, opposite John S. PARKS
thence with said road to William COWDEN's thence East to the end of
George POOL's Lane, thence north, the Lane between POOLS & DAVIS' thence
with said road to McCOLLUM's Gap thence commenceing on the north side
of the Ridge are three Lines at the head of the hollow running down said
hollow to the old marks, Thence with the marks to a beech marked J. N.
(3)
Thence down the East side of the hollow to the Southwest corner of W.
HOPWOODS fence. Thence with the fence to the North west, Thence with the
old chops to the South west corner of Clark HOPWOODS fence Thence with
said fence to the North west corner, Thence through ROSS' Lane following
the former chops to MCNIGHT's fence Thence with said fence following
the chops to McNIGHTS & COCHRAN's line thence with said line to COCHRAN's
corner, thence on the line, between BRYANT & COCHRAN to the old chop near
a grove, Thence following said Chops to a large oak near Moore HOUSTON's
fence, thence a direct course through said HOUSTON's field to the mouth
of the Lane below siad HOUSTON' s house, thence with said Lane to the
ford below the mill, Thence east of the mill to the end of main street
Lewisburg 20th Feb. 1937. Assigned Joseph NICHOL, Levi GARRETT, Joseph
S. BROWN, Moses PARK, John B. COWDEN, Stephen CLAYTON.
And it is further ordered by the court that the road be established
according to said Report From which decision the parties contending the
establishment of said road prayed and obtained an appeal to the next
Term of the Circuit Court of the County of Marshall.
The report of Leonard BULLOCK John LAIRD And James STEPHENS
commissioners to set apart one years provisions for Sophia WALLACE widow
of William WALLACE decd. was received and ordered to be entered of
Record, the following articled Twenty Barrels of Corn 800 lbs. of bacon
2 Stands of Lard the use of one milch cow 12 months from the death of
her husband.
(4)
March Term 1837. Thomas CUMMINS Esq. This produced his commission
from the Governor as Justice of the Peace and took in open court the
oaths prescribed by Law as a Justice of the Peace [marked through: and
seek in open court the oaths] Marshall County. David YANCY Esq. this
produced his commission from the oaths prescribed by Law, as a Justice
of the peace for Marshall County in the county of Marshall.
Ordered by the court that the order appointeing commissioners at a
former term this court to settle with General Robert CANNON
administrator of Thompson CANNON deceased be revived, and make report
to the next May term of this court.
The Jury appointed to lay off & straten a roade from Hurts X roads
to RAINEYS Store have made their report and it is ordered by the court
that said road be established as marked out by said Jury - A that
Charles NULL be appointed overseer of said road from Caney Spring creek
to the old Bedford County line. And that James R. SCOTT be appointed
overseer of that part of the road from said Bedford County line to the
Marshall County line.
The Jury appointed to lay off and mark a road begining at the south
end of Main Street the town of Lewisburg & terminateing at or near Moor
HOUSTONS hous have reported as follows (to wit) begining at the south
end of main Street thence with the REEDS gap road to Levi PHIFERS thence
to the present ford of the creek thence with the lane & the lans to
open the right distance prescribed by law thence across the slew oposet
More HOUSTONS House and it is ordered by the court
(5)
that said road be established as marked out by the Jury of View.
Samuel DAVIS having been duly and constitutionally elected a
constable in and for the county of Marshall this day appeared in open
court and took the oath prescribed by law and gave bond with security
for due performance of the duties there of which bond is the words and
figures following (to wit) State of Tennessee - Marshall County Know all
men by these presents that we Samuel DAVIS, Ezekiel McKNIGHT and H. B.
BIGHAM all of said County, are held and firmly bound unto Newton CANNON,
governor of the State of Tennessee or his successors in office in the
sum of One thousand dollars, for the payment of which sum well and truly
to be made, we bind ourselves and of us our heirs executors and
administrators jointly and severally firmly by these presents Sealed
with our seals and dated this 6th day of March 1837.
The condition of the above obligation is such that whereas the
above bound Samuel DAVIS hath been elected a Constable in the 15th
District in the County of Marshall and hath this day
been duly qualified as such Now therefore if the said Samuel DAVIS Shall
will and truly execute and true action make upon all and every process
which may come into his hands as constable as aforesaid, and faithfully
pay over and account for all monies by him collected as such to
whomsoever may be legally authorised to receive the same, and to do and
perform all such duties as are required by law as him as constable then
this obligation to be void, otherwise to remain in full force and
virtue.
Samuel DAVIS (Seal) E. McKNIGHT (Seal) M. B. BIGHAM (seal)
Test: M. W. OAKLEY Clk. Which bond and security approved by the
court and ordered to be entered of record.
The court orderes that Joseph CLOUD be appointed overseer to cut
out a road from Lewisburg to McCOLLOMS gap Elk ridge as established at
this term of the court, and that he have all the hands belonging to
Captain HARDINS Company from the sectional line to the old line Northa
side of said ridge -
Ordered by the court that James S. WOODS be appointed overseer of
the road commencing at the ridge west of RANKINS old shop and
terminating at the big lick - and that he have the following hands -
(6)
(to wit) Francis H. WOOD's, Francis B. WOODS, Robert NORMAN, James B.
LOWRY, Milton ENDSLEY's, Newton ENDSLEY. H. B. SMILEYS and all the
hands on his land, Thomas CUMMINGS force, and Samuel WOODS - to keep
the same in repair Issued.
Ordered by the court that Jesse LOVE be appointed overseer from
DAVISES Mills to the Joiles County line and that he have the hands
belonging to Capt. DAVIS Company on the south side of rich land creek
Issued.
The Jury of view appointed to lay off and mark out a road to leave
the old road at or near Thos. NEELEYS and intersect the same again at
or near the widow MEEKS plantation have made their report as follows
(to wit) leaving the old road near the dogwood corner between T.HARRIS
& L. TAYLER runing north on the line between Lewis TAYLOR & Gideon
PARNEL to the school house thence on the line between WARNER & HUNTER
to James F. MEEKS land thence north so as to run on the line between
said James F. MEEKS and the widow MEEKS to Eli HOPKINS thence up the
line between the widow MEEKS & John CHANDLER to the old road - whereupon
it is ordered by the court that the above road be established as marked
out by said Jury but not to be opened through plantation untill the
first of December next.
Ordered by the court that Aaron C. WILSON be appointed overseer of
the road from McLANES Mills to RAYNIES Store and that Grant J. ALLEN
from RANEYS Store to a ledge of rock at the back of Josiah WILSONS field
& that William H. HOWARD from the ledge of rock against Josiah WILLSONS
field to Joseph H. BRITTIANS and Joseph H. BRITTEANS from his house to
the Williamson County line- Issued.
Ordered by the court that George H. ALLEN, Aaron BOYD & Michael
ROBINSON be appointed overseers to work on said road. Issued.
(7)
Ordered by the court that Jason B. SHEFFIELD John P. BRUN, Joseph
H. BRITTEAN James FULTON, Daniel LITTLE William LITTLE & Henry B.
TERRY be appointed a Jury of view to turn a part of the Shelbyville road
leading fom Shelbyville road leading from Shelbyville to Columbia
through George R. SCOTTS land if they in their Judgement think that the
intrust of the public & the Individ- require it- Issued.
Ordered by the court that the road marked out from RANEYS Store to
the Williamson County line be established as marked out by said Jury.
Ordered by the court that Joseph EZELL be appointed overseer of the
Shelbyville & Franklin road from Spring creek to the Bedford County
line & that he have the same hands that John LITTLE & Moses FULWELL had
that lives in Marshall County. Issued.
Ordered by the court that John ROBINSON be appointed overseer of
the road commenceing at RAYNIES Store and terminating at the South side
of Marcillus COOKS lot and that Marcillus COOK be appointed overseer
from his lot to WEATHERLEYS Pond, and that John RAGSDALE be appointed
overseer from WEATHERLEYS Pond to the Williamson County line
- Issued.
Ordered by the court that Leonard BULLOCK Joseph ROSSON & William
NEIL be appointed commissioners to assess hands to the above overseers,
and make report to the next term of the court - Issued.
It is ordered by the court that all the good citizens residing in
or owning property in the County of Marshall who had give in & were
liable to the payment of double taxes for the year 1837 - be released
therefrom and be charged only single tax and the cost of making this
order.
(8)
Ordered by the court that the following report of a Jury of review
appointed at the last term of this court be adopted- The undersigned
having been summoned by the Sheriff of Marshall County and duly sworn
as a Jury of view to lay off the road described in the annexed order
have proceeded to perform the duty assigned them and do agree upon &
make the following report (to wit) The said road shall begin at the
county line between Elizabeth ANDREWS and John VINCENTS and run through
the said VINCENTS lane and by Jesse MORTONS, and by the school house
on the said MORTONS land, and from the school along the way marked out
and intersecting the old road leading from Mooresville to Berlin -
thence with said road intersecting the road leading from Mooresville to
Lewisburg at the courner of Richard WILKS meadow near Wm. STONES saw
mill they have thus laid out said road to the greatest advangage of the
inhabitants and as little as may be to the prjudice of inclosures to the
best of their knowledge and skill - All of which they respectfully
submit to the consideration of the worshipful court this 28 day of
February 1837 -
Jesse MORTON Richd. WILKS William HUGHES
John VINCENT Adam STEELE
Ordered by the court that the above road be established, as marked
out by s aid Jury - it is further ordered that Jonathan MORTON be
appointed overseer to cut out the above road and keep it in repair and
that he have the following hands for the purpose to wit Jesse MORTONS
hands Garland PARRISH Littleberry CARTER, John VINCENT & hands, Nimrod
ANDERSONS, Aaron STEEL, Eaton PARRISH, John WILES, William WILES and
John FEHLY and the hands if any should live where Esqr. WILLIAMS now
lives and all other hands in that bounds. Issued.
It having been represented fully to the satisfaction of this court
that Jane WILKS a resident of Marshall County has died leaving no last
will and testament, and William WILKS having applied for letters of
Administration on her Estate, and the court being satisfied of his right
to obtain them, be having given bond, with security approved by the
court, in the sum of Two thousand dollars, and taken the oath of
Administration as prescribed by law, the same is granted.
Sherod DUNNEGAN appeared in open Court and gave bond in the sum of
one thousand dollars with security accepted and approved of by the
Court, and took the oath required by law as Executo r to the last will
and testament of Matthew WALLACE Deceased.
(9)
March Term 1837 I having been represented to the satisfaction of
this court that William T. BRANTLEY late of the County of Marshall is
dead leaving no last will and testament and Harris BRANTLEY having
thereupon applied for letters of administration on his Estate, and the
Court being satisfied of his right to receive the same, he having given
bond in the sum of Seven hundred and fifty dollars with good and
sufficient security approved of by the Court. And took the oath
prescribed by Law, the same are granted.
James A. PARK aged Five years, and William M. PARK aged Four years,
orphans, were by the court bound apprentices to James HARRIS until they
arrive at the age of Twenty one years respectively -
John B. FOWLER appeared in open court and having given bond in the
sum of Eight hundred dollars with securities approved of by the court
he was thereupon appointed guardian of William FLEMING a minor orphan of
Richard FLEMING Deceased.
James OSBURN appeared in open Court and having given bond in the
sum of Eight hundred dollars, with securities approved of by the court,
he was thereupon appointed guardian of Richard W. FLEMING a minor
orphan of Richard FLEMING Deceased.
John SHUFFIELD appeared in open court and having given bond in
the sum of Four thousand dollars, with securities approved of by the
court, he was thereupon appointed guardian of Richard FLEMING Deceased.
John SHUFFIELD appeared in open court and having given bond in the
sum of Four thousand dollars, with securities approved of by the court,
he was thereupon appointed guardian of John D. ROBERTS and Nancy Ann
ROBERTS minor orphans of Bright ROBERTS deceased.
William and John WILKS appeared in open court and having given bond
in the sum of Two thousand dollars with securities approved of the
court they were thereupon appointed guardians of Malinda S. BILLS, &
Blackstone W. BILLS minor orphans of Jonathan BILLS Deceased.
Whereupon the court ajorned untill 10 o'clock tomorrow morning
Wm. McCLURE Chairman William WILKS Asa HOLLAND
(10)
Tuesday morning March 7th 1837 Court met according to ajornment
members present William McCLUER, Chairman Asa HOLLAND Thos. ROSS
Robert JOHNSON William WILKS & Peter WILLIAMS Gentlemen Justices of
the peace proclimation &c.
Ordered by the Court that William MCCLUER Esqr. be appointed
revenew commissioners to take a list of the taxable property & poles in
District No. 14 for the year 1837 in that fraction taken from Bedford
County.
Ordered by the Court that Clark HOPWOOD and Joseph CLOWD be
appointed overseer to open and cut out the McCOLUMS gap road commenceing
at Elk rudge said gap & terminating at a large oak near Moore HOUSTONS
fence on the south side of his plantation to open said road as marked
out by the last Jury of review and have th hands in the following bound
(to wit) Begining on the elk ridge where the sectional line crosses
said rodge thence north with said line to NOWLINS Creek then a strate
line to rock rock creek east of the sulphur spring thence up said creek
to the PHIFER road at McCRORYS mill thence with said ridge to the
beginning & that they have all the hands who live in the above bounds.
Issued.
Ordered by the Court that Jesse MORTON John VINCENT James
BAXTER William ORR-Walker ORR Calvin HOLT Joseph DUNCAN Robert
McCORD Robert MARSH James HOUSTON of Globe Creek Aaaron STEELE and
Thos. McREE any five of whom may act be appointed Jurys of of review to
commence at a large oak on the south side Moor HOUSTON Plantation which
oak has been marked by the last Jury of review & review both routs from
said oak to the town of Lewisburg as has been marked out by two former
Jurys & let it be discresinary with said Jury takeing into
consideration the good of the public & that the injury Individuals may
sustain which rout shall be the public road and assess such damages that
John M.HOUSTON
(11)
may may sustain if in their Judgement they establish the road where
damages is claimed damages in the rout marked out by the last Jury and
claimed no damages on the rout marked out by the first Jury of review,
and make report to the next term of this court. Issued.
Ordered by the Court that Joseph McCORD & Elias STILWELL be
appointed overseers of the road from Lewisburg to LEEPERS old Mill &
that they divide the road & the hands which has been assigned to work on
the said road. Issued.
Ordered by the Court that A. P. BRENCE and Abner HOUSTON be
appointed commissioners to divide & assign the hands subject to work on
roads living in the town of Lewisburg to the different overseers on the
different roads that leads into town of Lewisburg as they think proper
and make report to the next term of this Court. Issued.
Ordered by the Court that James WILSON be appointed overseer of the
road leading from Nashville to Fayetville commencing at the Lincoln
County line and terminateing at Wright BRIANTS. Issued.
Ordered by the Court that Stephen B. CHETWOOD be appointed overseer
of the road leading from Fayetville to Nashville commencing at Wright
BRIANT's and terminating at the fork of the Lewisburg road near Price
BROOKS. Issued.
Ordered by the Court that James G. LUNA be appoint4ed overseer of
the road leading from Petersburg to Cornersville commencing at the north
end of HOUZES land and terminating at William CARUTHERS. Issued.
Ordered by the Court that John SANDERS be appointed overseer of the
road leading from Fayetville to Columbia commencing at the Lincoln
County line & terminating at William CARUTHERS. Issued.
(12)
Ordered by the Court that Frances C. FINDLEY be appointed overseer
of the road leading from Fayetville to Columbia commenceing at the
CARUTHERS and terminateing at the top of the ridge dividing the waters
of cane & Richland Creek. Issued.
Ordered by the Court that Robert JOHNSON Enoch RUST Orson GRAY
Joseph MORRIS and Samuel FINLEY be appointed commissioners to assign
hands to work on the public road under James G. LUNA, Thomas WILSON,
Stephen C. CHETWOOD John SANDERS & Frances C. FINLEY overseers & make
report to the next term of this Court. Issued.
We being appointed by the County Court of Marshall County at the March
term in the year 1837 as a Committee to compensate the revenew
commissioners for their trouble in takeing and makeing out a list of
taxable property and poles do make the following report, to wit, All
those that have taken one hundred and fifty names or under to be paid
Eight Dollars all over that amount ten Dollars March 6th 1837.
Ephraim HUNTER
Robert JOHNSON
Berry MOORE
Ordered by the Court that the Jury appointed a the February term
of this Court to view a road between Samuel & Charley EWING to A. GATES
to be revived and make report to the next term of this Court.
Ordered by the Court that Asa HOLLAND James LUNA Stephen C.
CHETWOOD P. W. BROOKE Robert BROOKS & Daniel BLAKEMOORE be appointed
A Jury of view to examine and turn the Fayetville rod on Joseph
MORRIS's own premises & make report to the next term of this Court, if
they think it necessary.
(13)
Ordered by the Court that Jonas PHIFER be appointed overseer of the
road commenceing at the Cornersville road at then end of Robert McCRORY
land and terminateing at Samuel BECKETS line near LANHORNS field and he
have all the hands who worked under Elisha COLLINS the former overseer.
Issued.
Ordered by the Court that William McGREGORY Josiah DUNCAN
Daniel G. BILLS William EMERSON Elisha COLLINS Peter PHIFER &
Samuel BECKET be appointed a Jury of view to lay off and mark out a road
commenceing at Mager William DAVISES on the road from Lewisburg to
Cornersville passing by Mager COCHRAN and Daniel BIVENS to McCOLUMS gap
& report to the next term of this Court. Issued.
William COWDEN appeared in open Court nad having given bond in the
sum of Eight hundred DOLLARS with securities approved of the Court he
was thereupon appointed Guardian for David G. FLEMINGS minor orphans of
Richard FLEMMING Deceased.
Whereupon the Court adjourned untill Court in Course.
Wm. McCLURE Chairman
William WILKS
T. WILLIAMS
Wm. COWDEN
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