1834, Jul

State of Tennessee, Obion County,
Court of Pleas & Quarter Sessions, July Term 1834

Typed by Donna Martin, 1997. Research and coding by Jane Norton Powell

(p-89) July 7th A. D. 1834

Be it remembered that at a Court of Pleas and Quarter Sessions begun and held at the Courthouse in the Town of Troy in the County of Obion and State of Tennessee on the first Monday in July A. D. 1834 being the 7th day of July 1834 present the worshipful John Parr, James Henderson, Willis Caldwell, John Harpole, Benjamin Totten, Wm. M. Wilson, R. B. Brown, Wm. Downey & William Wilkinson, Justices of the Peace in and for said County commissioned and assigned to hold said term of the said court proclamation being made the court thereupon proceeded to business.

A Bill of sale from William Parr executor of the last will of John Parr, Senior, dec’d. to John Parr, Jr. for a negro man slave named Charles was produced in open Court and the executor thereof duly proven by the oath of J. C. Kindred and James Parr subscribing witnesses thereto, and thereon it was ordered by the court that the same be certified for registration etc.

A Bill of sale from William Parr executor of the last will of John Parr, senr. dec’d to John Parr, Jr. for a negro woman slave named Lucy was produced in open court and execution thereof duly proved by the oath of James C. Kindred & James Parr subscribing witnesses thereto and thereon for registration.

(p-90) July term A. D. 1834.

William Parr administrator of all and singular the goods and chattels, rights and credits of Polly Parr, dec’d. to John Parr, Jr. for two negro slaves named Peggy and Emmalin, was produced in open court and the executor thereof duly proven by the oath of J. C. Kindred and James Parr, subscribing witnesses thereto & thereon it was ordered by the court that the same be certified for registration.

William Andrews, administrator of all and singular the goods and chattels, rights and credits of Enos Hay, dec’d. produced here in court an inventory of the estate of said intestate which was received by the court & thereon the same was ordered to be recorded. And the said William Andrews administrator as aforesaid produced here in court an account and statement of the sales of the estate of said Enos Hay dec’d together with a statement thereon that certain property therein named and which is also included in the inventory aforesaid, was set apart by commissioners for the sustainance and support of the widow & children of the said Enos Hay, dec’d. for one year all which was recovered with the report of said Commissioners and was ordered to be recorded.

It being made to appear to the court that James M. Ross has departed this life, to wit as the — day A. D. 1834, that at the time of his death his usual place residence was in the said County of Obion, and that he (p-91) died intestate, no other person appearing to administar on his estate, on motion, it was ordered by the Court that Richard B. Brown, a creditor be appointed administrator of all and singular the goods and chattels, rights and credits, which were of said James M. Ross, dec’d. at the time of his death, and thereon the said Richard B. Brown took the oath prescribed by law, entered into bond with security as administrator as aforesaid, and took upon himself the burden of administrative said estate.

On motion it was ordered by the Court that Moses D. Harper have leave to alter the road lending from Troy to Dresden leaving the present road at the foot of the hill one half mile west of said Harpers, running east so as to intersect the said Dresden road at the dry fork of Davidsons Creek, and he, the said Harper, binds himself to put a good bridge across the branch which it will cross by said alterations and make said road equally as good as the present.

On motion it was ordered by the Court that Catharin R. Davidson be appointed administratrix of all and singular the goods and chattels of Andrew T. Davidson, deceased, by her entering into bond with security according to law, whereupon she entered into bond in the sum of one thousand dollars with Samuel D. Wilson & William Carter her securities and took the oath prescribed by law and that letters testamentary issue accordingly.

Samuel Mosier proved in Open Court the killing of a wolf within the limits of this County (p-92) over four month old, it is therefore considered by the Court, five acting Justices present, that he receive of the Treasuror of West Tennessee according to law. It appearing to the court that Joshia Nelms has departed this life, to wit on the day of June — 1834 that the usual place of his residence at the time of his death was in Obion County and that he made no last will.

On motion it was ordered by the Court that Samuel Nelms be appointed Administrator of all and singular the goods and chattels of Joshia Nelms, deceased, on condition that he enter into bond with security whereupon he entered into bond in the sum of one thousand dollars with Francis Taylor and Samuel Hutchinson his securities and took the oath prescribed by law and that letters testamentary issue accordingly.

William Miller receiver of A. Linn, deceased, presented in Open Court an account of sixty four dollars twelve and a half cents against the estate of Andrew Linn, deceased, which was considered just by the Court and ordered by the Court to be received and recorded.

On motion it was ordered by the Court that Alfred Nelms be appointed overseer on the Trenton Road from Obion River at Fentress Ferry to the Gibson County line, and that all the hands who worked under Alfred Harget work under him and all others in said bounds and that he make the same a first class road.

On motion it was ordered by the Court that Larkin Eastridge, Josh Mosier, Samuel Mosier, Richard Davis, William Hutchinson and Daniel Law be appointed a jury of view to mark and lay off a road from Terriels Ferry on Obion River, in the direction to Mills Point, Ky. to the State line so as to pass through the neighborhood of William Hutchinson, and Richard Davis on (p-93) the State line, and that they report and make return of their view to the next term of this court.

On motion ordered by the Court that Lewis Zachery, William Miller and Jerome Miller be appointed commissioners to settle with Richard Merriwether as administrater of David Farley, deceased, estate.

Lewis Zachrey came into court & proved the killing of five wolves within the limits of Obion county under four months old, it is therefore ordered by the Court that he received of the Treasurer of West Tennessee according to Law, five acting Justices being present.
Issued August 15th 1834.

Samuel Reeves came into Court and moved the killing of two wolves over four months old within the limits of this County by the oath of Urias Reeves, it is therefore ordered by the Court, five acting Justices present, that he received of the Treasurer of West Tennessee according to Law. (Issued)

Starkey Purvis came into open court and proved the killing of one wolf over four months old within the limits of this county, it is therefore considered by the Court, five acting Justices present, that he receive of the Treasurer of West Tennessee according to the law.

James H. Davis and Jubilee M. Bedford, revenue commissioners for the County of Obion, returned into court a settlement, with Joel S. Enloe, Sheriff of said County, which was ordered by the Court to be received and recorded, which settlement was for the years 1830-1831, 1832 & 1833. (Issued)

(p-94) On motion it was ordered by the Court that Frederick Taylor be appointed overseer on the Dresden road from Nelms ferry on Obion River to within three miles of the Weakley County line, and that all the hands that formally worked under Thomas Nelms, and all in said bounds, work under him and that he make the same a first class road.

On motion it was ordered by the Court that William O. Lindsey be appointed overseer in the Dresden Road from the Weakly County line to the three mile post from said line in Obion County, and that all the hands that formally worked under John F. Abington and in said bounds work under him and that he make the same a first class Road.

A Deed of bargain and sale for 333 acres of land from Eldridge B. Robertson to Thomas Taylor was proven in open court by the oath of Joseph Taylor and John T. Abington, subscribing witnesses thereunto and ordered by the court to be certified for registration.

Joel S. Enloe, guardian for Jane A. Linn produced in open court an Inventory of goods and chattels of the Estate of Andrew Linn, deceased, which was ordered by the court to be received and recorded.

William Parr, administrator of all and singular the goods and chattels, rights and credits of Polly Parr, Dec’d., returned into open court an account of sales of said Estate, which was ordered by the Court to be received and recorded.

(p-95) Lewis Zachery, William Miller & Jerome Miller who were appointed commissioners to settle with Richard T. Merriwether as administrators of David Farley, Dec’d. returned into Court their report of a settlement which was ordered to be received and recorded.

On motion it was ordered by the Court that William F. Smith be appointed overseer on the Trenton Road from Troy to the three mile post and that all the hands that formally worked under Jesse M. Ross and in said bounds work under him and that he make the same a first class road.

On motion it was ordered by the Court that Larkin Norrid, Jeremiah Norrid, Jesse Farmer, William Carter & Richard Nelms, be appointed a Jury of view to mark out and alter the road from three quarters of a mile in the direction of Troy from Thomas Taylors so as to intersect the Dresden or present road at the bridge on Cane Creek, and that they report the next term of this court.

On motion it was ordered by the Court that Thomas Polk be appointed overseer on the Trenton road from the three mile post to Obion River at Fentress ferry, and that all the hand that formally worked under Abram Enloe and in said bounds work under him, and that he make the same a first rate road.

On motion it was ordered by the Court that the Revenue Commissioners have till the next term of this Court to settle with John C. Wilson, former Trustee of this county and it is further ordered by the court that the said commissioners (p-96) have power to Issue superior writs capias and all other process which they may think expedient and advantageous to said settlement commanding said persons to be brought before them to give evidence in such matters as relates to the same and that they have the use of all books, papers, and documents belonging to the clerks office or in the hands of the Sheriff of said county and that they have power to do all and every matter and thing that they deem necessary to the speedy arrangement of said settlement and that they report to the next term of this court.

On motion it was ordered by the court that Frances Taylor, James Watkins, William Sweden, William Cunningham and Henry Logan be appointed a Jury of view to make out a road from the mouth of Indian Creek on Reelfoot Lake to James Wilsons on the Iron Bank road in the direction to Filiec and Ky., and that they report to the next term of this court.

Ordered by the Court that George W. Maxwell be appointed overseer on the Mills Point Road from the County line near Tottens Wells to the four mile post (to wit) Beginning at said four mile Tree and said road running thence North to the State line to Issac Reeves thence South and by G. B. Tottens so as to include Abram Herring, William Harpers(p-97) John Doxey and one half of said Tottens lands and from thence with the Weakley County line to the North fork of Obion River thence down said River to the North of Harris fork and from thence Northwardly to the North corner of the widow Birds plantation to the road thence down said road to the line of Judge — 1000 acre survey thence northward to said 4 mile tree on the Mills Point road so as to leave James B. Holomons to the West including the following lands (to wit) William B. Rolls, John Carmac, Horace Allen, Ruben Walker, Seth Curlen, Lewis Cook, Allen Pryor, Grasty Munsfield, James N. Cullen, Albert Hornsby, John Hornsby, with Betty, Mark Hubbs and brother, John Huzzy, John Jones, William R. Fisher, Elizah Hay & Brothers William, Edward T. Brockwell, William A. Maxwell, Daniel Dunn, Abraham Herring and hands, William Harper, John S. Doxey and Lamas Stephen Beggs, Will Andrews, and one half of B. Tottens lands as aforesaid and all other lands in said Bounds and that he make the same a first class road and do his duty thereon for one year.

On motion it was ordered by the Court that Porter A. Davis be appointed overseer on the Totten Road from the fork of Hoosier Creek to where it intersects the Mills Point Road near Clay Creek in the room of John Mehan removed and that all the hands in the following bounds works under him (to wit) Beginning at the North East corner of the widow Byrds plantation running thence Southwardly to the mouth of Harris fork passing west of Seth Curlin thence down the north fork of Obion River to the mouth of Grover Creek and from thence a Northward course to the (p-98)to the said Tottens Road at the place where it crosses the East fork of Hoosiers and thence with said road to the beginning so as to include all the lands on the place where Samuel Wells now lives, say John W. Byrd, John Tart, Samuel Davies, Joseph Davies, A. S. Bozzy, Isham Berner, Jesse Cooke, Sion Hill, Jefferson Cook and that he do his duty for one year and make it a 2nd class road.

On motion it was ordered by the Court a majority of the acting Justices of Obion County present that James H. Davies and Jubilee M. Bedford be allowed the sum of Twenty Two dollars and seventy five cents each for settling with Joel S. Enloe, Sheriff of said County for the year 1829, 1830, 1831, 1832 & 1833 and also the further sum of five dollars each for the settling with the County and Circuit Court Clerks and that the Clerk of the County Court issue a certificate to the Trustee of said County for the same.

Whereas John Williams & Ruben Hamilton having committed an affray in the hearing of the court it was ordered by the court that the Sheriff bring them before the court forthwith for contempt of the Court and after examination of evidence in the case it was ordered by the Court that Ruben Hamilton be fined in the sum of four dollars and that he remain in custody of the Sheriff until he pay the same with cost of settlement or give security as the law directs and that John Williams (p-99) be fined in the sum of three dollars and 75 cts. and costs of suit and that he remain in custody of the Sheriff until he pay the same or give security as the law directs.

Where report proclamation being made the court went into the election of three commissioners for the County of Obion for the next ensuing twelve months as Internal Improvement commissioner and the Sheriff had counted out the votes it was declared that William Miller, Alfred Lamar, and William W. Watson were duly and constitutionally elected Internal Improvement Commissioners for Obion County for the next ensuing twelve months.

Robert B. Harper, Administrator of the last will of A. Linn, Dec’d. produced in open court an akt. of sales of the goods and chattels of Andrew Linn, Dec’d. which was ordered by the Court to be received and recorded.

On motion it was moved by the court that Samuel Hutchinson be appointed overseer on the Mills Point Road from Nelms ferry on Obion River to the farm of Alfred Lomax and that Archibald K. Hoggs and John D. Dickey and hands and said Hutchinson hands work under him and that he make the same a second class road and that he do his duty on the same for one year.

Joel S. Enloe came into Court and enter in bond the sum of ten thousand dollars as Tax collector for the County of (p-100) Obion for the year 1834 with James Caldwell, S. L. Teater, Charles Sinkler, John Williams, James Davis his security which was ordered by the Court to be received and recorded.

Court adjourned until tomorrow morning 8 o’clock.

B. Totten, J. P.
John Harpole, J. P.
Willis Caldwell, J. P.

Tuesday, July 8th 1834

Court met according to adjournment proclamation being made the court proceeded to business.

Ordered by the court that the following persons be summoned by the Sheriff to serve as Grand and Petty Juriors at the October Term of this Court, they being good and lawful men in said county (to wit) Jerrome Miller, William S. Whitehead, Alfred W. Ross, James M. Porter, Joseph Meadows, Elizabeth Carter, Samuel McDaniel, John Cloar, James Mills, Samuel G. Wafford, William F. Scott, Joseph R. Edwards, Daniel Brown, William Andrews, Crastly Mansfield, Edwin T. Brockwell, William Adair, David Hubert, John M. Buchanan, William C. Edward, John C. Wilson, Thomas Hampton, John Williams, William Carter, Edward Norrid, Jonethan Nice.

And also the following persons as Constables (p-101) to wait and attend on said court at said October Term, to wit: William Edmonds & H. D. Logan.

Ordered by the Court that the following persons being good and lawful men in said County be summoned by the Sheriff of said County to serve as Grand and Petty Jurors at the next Term of the Circuit Court to be holden for this county at the Courthouse in the Town of Troy on the second Monday in November next, to wit:

1. John Parr   2. Willis Caldwell   3. Stephen Mitchell   4. Evan Shely
5. Jesse Daugherty 6. Richard T. Merewether   7. William M. Miller   8. James Henderson
9. Wilford Farris 10. Henry J. P. Westbrook 11. Joseph Wilson 12. William Wilkinson
13. William Downey 14. John Harpole 15. Benjamin Totten 16. Frederick Taylor
17. Jeremiah Norrid 18. John Polk 19. John L. Doxey 20. Alfred McDaniel
21. Abraham Henning 22. James Harpole 23. William Miller 24. Elisha Parker
25. James B. Holoman 26. John White

And that be also summoned Daniel St John & James Caldwell as Constables to attend as said Court.

Ordered by the court that a tract of land of 480 acres in the name of George Mansfield Range 7, Sec. 8th, reported for the 1833 for double taxes be released from this payment of the single taxes costs and charges.

It appearing to the satisfaction of the court that Jesse H. Dyer solicitor General was absent on motion it was ordered by the Court (p-102) that W. W. Totten, one of the practicing attorneys of this Court be appointed solicitor pro tem whereupon he took the oath prescribed by law.

William U. Watson who was elected a commissioner as one of the board of Internal Improvement for Obion County came into Court and entered into bond in the sum of five thousand dollars, payable to William Carroll Governor & his superior in office with Joel S. Enloe, R. B. Brown, James M. Porter and William G. Edward his secretarys (securitarys ??) and took the oath prescribed by Law.

Alfred Lomax who was elected one of the Internal Improvement commissioners for the County of Obion came into Court and entered into bond to William C. Edwards and James M. Porter his securities and took the oath prescribed by law.

William Miller who was elected one of the Internal Improvement commissioners for Obion County came into Court and entered into bond William Carroll, governor & his superior in office, in the sum of five thousand dollars with Joel S. Enloe, Jerome Miller, and Charles Sinkler his securities and took the oath prescribed by law.

(p-103) Tuesday, July 8th 1834.

McBean, Administrators Vs John Parr

This day came the parties by their attornies and upon it was ordered by the Court that this cause be continued in the next term of this court.

John McClure Vs William S. S. Harris) A. G. P.

This day came the parties by their attorneys & thereupon the Defendant by his attorney moved the Court to strike this cause from the dockett which motion upon was overruled and then this cause was continued by order of the Court till the next term.

On motion of A. G. P. Westbrook one of the securities of Angus M. L. McBean and G. W. Wood administer of all and singular the goods and chattels rights and credits of A. C. Pagan, deceased. It is ordered by the Court that said Administrators give new security at the next term of this Court and that thereupon said Westbrook be released from all future liability.

(p-104) Tuesday July 8th A. D. 1834.

Proclamation being made by the Sheriff the Court went into the election of a corroner for the County of Obion and after they waved Court it appeared that James Davis was duly and constitutionally elected coroner of Obion County for the next two ensuing years.

Maury Smith by attorney came into Court and moved the Court for license to keep an ordinary — at the residence in Troy and after examination of the situation and competency of the said Maury Smith was of opinion that she is entitled to license agreeable to the act of assembly in such cases made and proved.

It was therefore ordered by the Court license issued to her on condition she enter into bond and security according to Law whereupon she enter with bond payable to William Cornell, governor, and his successors Jerome Miller and James Good her security.

A deed of bargain sale from the commissioners in trust for the Town of Troy to Charles McAlister for Lots Nos. 41 &72 was produced in open court and the execution of the same duly proven (p-105) by the oaths of William A. Brown and Dennis Cochran subscribing witnessed thereon to an order by the Court to be certified for registration.

Solomon P. Catoe Vs Logan & Hubert) A. P. G.

This day came the parties by their attorneys and thereupon on motion of Plf. by attorney it was ordered by the court that this cause be dismissed for want of jurisdiction. Therefore it appearing that this court has not jurisdiction it is considered by the Court that this case stand dismissed and that a writ of proceedings issued to the Justice be laid open to execution on his judgment and that the defendants pay the cost in this behalf expended and that Execution issue accordingly for the same.

John C. Wilson Vs Hogge & Wilson ) Debt

This day came the parties and by consent of parties by their attornies and thereupon it is ordered by the Court that this cause be continued until the next term of this court.

Rosannah Harper Vs James M. Ross, Joel S. Enloe and R. B. Brown) Debt

This day came the parties by their attorneys and it appearing to the satisfaction of the Court that James M. Ross has departed this life and that R. B. Brown has been appointed administrator of all and singular the goods, chattels, rights and credits of said James M. Ross (p-106)Deceased it is therefore considered by the court that this case be continued until the next term of Court and that Sci Facias Issue against the said R. B. Brown administrator to make known &c.

Enchbam & Norrell Vs Charles McAllister) Trespass on the Case

This day came the parties by their attornies and on motion by consent of parties it is ordered by the court that this cause be continued until the next term of this court.

H. B. Houser Vs Saml. Nelms) A. P. G.

This day came the parties by their attornies and then upon by consent it is ordered by the Court that this cause be continued until the next term of this Court.

Jonathan Bedgett Vs Robertson Dickerson ) Sci Fa.

This day the parties failed to appear and thereupon it was ordered by the Court that this cause be continued until the next term of this court.

(p-107) Tuesday, July 8th 1834.

John Linn Vs Tyra Dabney) Certiorari

This day came the parties by their attornies and thereupon by consent it is ordered by the court that this cause be continued until the next term of this court.

Jonas Davis who was elected coroner of this county came into Court and entered into bond, in the sum of twenty five hundred dollars payable to the Governor of the State of Tennessee with William W. Wilson, Joel S. Enloe, William U. Watson and Daniel St. John his securities and took the several oaths prescribed by law. (Governor)

(p-108)

The State Vs Edward Nolins) Affray Continuance

This day came the Defendant by his attorney and the Attorney General for the State and thereupon by consent it was ordered by the Court that this cause be continued until the next term of this Court.

The State Vs Cornelius Sheeks) For selling spirits near sanctuary

This day came the # & Defendant in his own proper person and thereupon by consent it is ordered (p-109) by the Court that this cause be continued until the next term of this Court and the Defendant thereupon acknowledged himself to owe and be indebted to the State of Tennessee in the sum of two hundred and fifty dollars and William U. Watson and Charles McAlister in the sum of one hundred and twenty five dollars each to be levied of their goods and chattels, lands and Tenaments for the use of the State but to be void on condition that the said Cornelius Sheeks make his personal appearance here # to answer said charges at this next Term of this Court # and not depart this court without having first had & obtained.

Henry Applewhite Vs A. M. L. McBean ) Ca Sa

This day came the parties by their attorneys and the Plaintiff by his attorney moved the Court for leave to amend the clerks certificate on the affadavid filed in this case before the clerk for a capias adsatisfacendio by inserting the name of Samuel D. Wilson Clerk before the name S. S. Harris deputy clerk and the matters of law answering thereupon by being heard and by the Court here fully understood it is ordered by Court that Amendment be made and it was accordingly done.

(p-110) Tuesday, 8th July A. D. 1834.

Henry Applewhite Vs A. M. L. McBean) Ca Sa

This day came the parties by attorney and the Defendant by his consent moved the Court to quash the casa in this cause and upon agreement being had then and the matters of law thereupon arising being by the Court heard and fully understood it is considered by the Court that his said motion be overruled whereupon the Defendant move the Court to quash the case, bond agreement being had and the matters of law being heard & fully understood by the court it appears that the law is with the Plaintiff and that his said Defendants motion be overruled.

William F. Baldridge Vs Phillip Fields) Casa

This day came the parties by their attorney and the Defendant by attorney moved the Court to quash the said casa and upon agreement being had and the matters of law arising and being by the Court heard and fully understood it appears that the Law is with the Defendant. It is therefore considered by the Court that his said motion be sustained and that said casa be quashed, set aside & held for naught and that said Defendant Fields be discharged therefrom to recover after said Plaintiff his costs by him in this behalf expended.

(p-111) July Term A. D. 1834.

George W. Wood & A. M. L. Mc Bean, Admrs. of Pagan Vs. Thomas Allison) Certio. Moticio

This day came the parties by Attorney and thereupon on motion it was ordered by the Court that a rule be entered to show cause why this judgment by motion & the execution issued thereon in below should not be quashed.

The State of Tennessee Vs David W. Pound ) Indict. Affray

This day came the solicitor for the State and the Defendant in person and thereon Defendant by attorney moved the Court to discharge him from said indictment, which motion on agreement had was overruled & cause continued to next term of this Court. upon Defendants entering into recognisance & thereon the said Defendant and James M. Pounds his security here in Court severally acknowledged themselves indebted to the State of Tennessee, in the sum of two hundred & fifty dollars each, to be levied of their goods and chattels, lands & Tenament for the use of the State to be on condition that said Defendant be and appear here at the next regular Term of this Court to be holden at the Courthouse in the Town of Troy on the first Monday of October next, then and there to answer to the aforesaid charge, and not depart thence without having first had & obtained.

David Armour & James H. Moran Vs Angus M. L. McBean, one of the Admrs. of A. C. Pagan, Dec’d.) Debt

The papus warrant judgment execution and proceedings had in this cause before the magistrate being filed in this court by Richard B. Brown the Justice of the Peace before the cause was tried and it appearing there from that Plaintiff had recovered $50 debt & 50 cts. costs thereon came the Plaintiff by attorney & suggested to the Court that this said administrator had wasted the estate of his said intestate and it appearing from the officers returned on the execution issued in that behalf, that he found no goods, or chattels, rights or credits of the said Andrew C. Pagan, dec’d. in the hands of A. M. L. McBean or George W. Wood, his administrators upon which to levy said execution on motion it was thereon ordered by the Court that a scire facias issue to make known to said A. M. L. McBean administrators as aforesaid, that he be and appear here at the next Term of this Court to show cause &c, or why the said Plaintiff should not have judgment and execution for their debt and costs aforesaid out of the proper goods and chattels of said administrator &c.

(p-113) State of Tennessee Vs John S. McDonald) Sci Facias

This day came the solicitor for the State & it appearing that Defendant had removed to parts unknown &c thereon it was ordered by the court that this cause be stricken from the docket & it is further ordered that the County of Obion pay the costs in this behalf according &c.

The State of Tennessee Vs John Payne ) Sci Facias

This day came the solicitor who prosecutes for the State and thereon the said defendant being solemnly called to come into court to show cause why the judgment mentioned in said Sci facias should not be made final, came not but made default, and it being made to appear to the court that a forfeiture had been entered against said Defendant at the last Term of this court for $125 for his non attendance as a witness in the case of the State of Tennessee against Cornelius Sheeks that the aforesaid Scire facias had issued thereon, and that it had been legally served upon & made known to said Defendant. It was therefore considered by the court that the aforesaid judgment for said forfeiture be made absolute that the state of Tennessee recover of the said John Payne the said sum of one hundred and twenty five dollars and also the costs in this behalf according & that execution issue for the same.

(p-114) July Term 1834.

State of Tennessee Vs Cornelius Sheeks ) Indict for selling spirituaous liquors &c

It being made to appear to the court that John Payne a witness for the State in this cause had failed and refused to attend this court to give evidence & that he is in contempt &c altho summoned by subpoena & on motion of the Attorney General, it was ordered by the Court that an attachment issued to the Shff. to take the said John Payne & have him at the next Term of this court to testify and give evidence in behalf of the State in the aforesaid cause & to clear his said contempt &c.

State of Tennessee Vs Linden Kirksey) Charge of Obstructing Lawful Process.

This day came the Attorney General for the State and the Defendent in proper person & by Attorney & moved the court to discharge him from his recognisance in this behalf & from the said charge, which motion was ordered by the court & the said Defendant failing & refusing to enter a new recognisance to appear at next Term of Court to answer said charges he was therefore ordered to be & remain in the custody of the Sheriff of said county of Obion to be kept in the public jail or else wherein said court to appear at the next Term of this court to answer said charged.

And on motion it was ordered by the court that if Defendant shall enter into bond with security (p-115) in the sum of one hundred dollars to appear at the next Term of this Court to answer the said charge he shall be released from confinement.

John Hubert Vs Solomon P. Catoe) Certiorari

This day came the Plaintiff by attorney and filed his petition in writing and moved the court for writs of Certio Moticio and supersedes in this cause to which Defendant Catoe by his attorney objected, but which was ordered by the court to be issued agreeably to the prayer of the petition on his giving bond and security as the Law directs.

Court adjourned until tomorrow 8 o’clock

B. Totten, J. P.
Willis Caldwell, J.P.
John Parr, J. P.

(p-116) Wednesday, July Term A. D. 1834.

Court not agreeable to adjournment and proclamation being made court proceeded to business.

It appearing to the Court that Benjamin Totten is charged with taxes for 200 acres of land in Obion County for the year 1833, which is more than said Totten actually received. Therefore, it is ordered that Joel S. Enloe, Sheriff of this County, have a credit for the same in the settlement of his Public accounts, which Taxes is $1.12.

It appearing to the Court that Selam Huntaman is charged with Taxes for 200 Servy of land in Obion County for the year 1833 more than he is actually liable for, therefore it is ordered that Joel S. Enloe, Sheriff of this County, have a credit for $1.12 cents in the settlement of Obion for sd. year 1833.

It appearing to the satisfaction of the Court that Washington Shelton is charged with double taxes on 400 acres of land for the year 1833 on motion of his attorney it is ordered by the court that he be released from double taxes by thus paying the single tax cost and charges on the same.

(p. 117) Wednesday July 9th A. D. 1834.

It appearing to the satisfaction of the Court that D. T. Caldwell is charged with double tax on 400 acres of land for the year 1833 on motion it is ordered by the Court that he be released from double Tax on condition he pay single Tax cost and charges thereon.

Ordered by the court that Owen Gilles be appointed overseer on the Iron Banks Road commencing where said road leaves the Mills Point Road to James Wilsons and all the hands that formally worked under William U. Watson work under him and that he do his duty thereon for the Term of one year.

Harry Applewhite Vs Angus M. L. McBean & Horace Head) Motion for Indictment on Casa Bond.

This day came the parties by attornies and defendant by attorney comes and offered the following plea, to wit: The defendant by attorney comes and defends the wrong and injury —- the writing obligatory moved on which is read to them in these words, to wit: Also of the condition of said bond which is read to them in these words, to wit: and for plea say that they well and truly complied with said condition in said writing obligatory contained and these are ready to varify wherefore they pray Judgement.

Davis, Attorney for Deft.

(p-118) Wednesday, 9th July A. D. 1834

which plea was rejected by the Court.

Harry Applewhite Vs Angus M. L. McBean )Motion

This day came the Plaintiff by his attorney and moved the court for a judgment against Angus M. L. McBean and Horace Head his security and the said Plaintiff by attorney made it to appear to the Court here that the said Plaintiff had recovered a Judgment by confession against the said A. M. L. McBean and George W. Wood for the sum of ninety eight dollars and fifty cents debt before a magistrate in & for said County of Obion, to wit, on the 9th day of December 1833, that afterwards, to wit, on the 14th day of May 1834 capias adexpondendum issued from the official clerk of the County Court of said County of Obion upon the said Judgment, which was filed in said court by Henry D. Logan, Justice of the Peace of said Court, who rendered said judgment & who has since resigned his office as Justice of the Peace &c affidavid had been made as application for said capias adexpondendum as required by the statistic in such case &c that the said capias was executed upon the body of said A. M. L. McBean and of said defendants to said Judgment by the Sheriff of Obion County to whom the same was directed & returned thereon that George W. Wood the other Defendant was not found, that the said Sheriff took a bond from the said Angus M. L. McBean with Horace Head his security, payable to Henry Applewhite the Plaintiff in this motion according to the statute in such case &c (p-119) condition that the said S. M. L. McBean be and appear here at the present term of this Court to pay to said Henry Applewhite the said debt, or to take the insolvent oath or to surrender up his property according to the law of the state, which said case & bond are here in court and the said A. M. L. McBean failing and refusing to come into court & pay said debt, or to take the insolvent debtors oath or deliver up his property as aforesaid.

Therefore it is considered by the Court that said motion be sustained that said Henry Applewhite recover of the said Angus M. L. McBean and Horace Head his security aforesaid, in the bond aforesaid, ninety eight dollars and fifty cents for this debt aforesaid and also his costs in and about his suit in this behalf expanded.

The State of Tennessee Vs Dollay Kerksey )Rescuing property unlawfully from Sheriff.

This day came the attorney for the State and the Defendant in her own proper person and by attorney & moved the court to discharge her from the recognisance in this behalf and from the said charge which motion was overruled by the court and James Hogge leaving her security for her personal appearance here at this court and having delivered up the said Defendant to the Sheriff in the presence of the Court and by order of the Court on motion it is ordered that the said James Hogge be released (p-120) from all further liabilities and the said Defendant failing and refusing to enter into a new recognisance to appear here at the next Term of this Court to answer to said charges he was therefore ordered to be and remain in the custody of the Sheriff of said County of Obion to be confined in the public jail or elsewhere in said County so that he appear here at the next Term of this Court to answer said State of Tennessee in said charges.

And on motion is was ordered by the Court that if the said Defendant shall enter into bond with security in the sum of one hundred dollars to appear here at the next Term of this Court to answer said State of Tennessee of said charge she shall be released from close confinement.

Henry Applewhite Vs A. M. L. McBean & Horace Head ) Motion

The Defts by attorney came into Court and tendered bills of exception Nos. 1 & 2 which then signed & sealed by the Court & ordered to be made part of the record.

A. M. L. McBean & G. W. Wood, admrs. A. C. Pagan, Dec’d. Vs Thomas Allison ) Certiorari

By consent of parties it is ordered by the Court that a motion entered at the present Term of this Court to quash & to be continued to the next term of this court.

(p-121) Court then adjourned till Court in Course.

B. Totten, J. P.
Willie Caldwell, J. P.
John Parr, J. P.

Leave a Reply