1834, Oct

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

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

(p-122) October 6th 1834

Be it remembered that at a Court of Pleas and Quarter Sessions begun and held for the County of Obion and State of Tennessee on the 1st Monday in October being the 6th day of October A. D. 1834 present the worshipful Benjamin Totten, Willis Caldwell, John Harpole, R. B. Brown, H. L. P. Westbrook, William Wilkinson, Wilford Farris and James Henderson commissioned and assigned to hold said court.

On motion it is ordered by the Court that Benjamin Totten be appointed chairman of this Court pro tem in place of John Parr absence.

Samuel D. Wilson clerk of this Court this day tendered his resignation as clerk of the County Court of Obion County which was received by the Court whereupon the Court appointed Andrew C. (?) Harris Clerk pro tem of this Court until another clerk is elected to fill the vacancy occasioned by the resignation of Samuel D. Wilson former Clerk of this Court who took the oaths prescribed by law.

(p-123) October 6th 1834

Ordered by this court that Porter A. Davis be appointed overseer on the road from Hoosier Creek leading to the Mills Point road neat Wyett Bettys, and that Elisah (sic) Hay, Edwin Brockwell, John Jones, William B. Fisher work under him and that he do his duty for the Term of one year. (Issued 13th Oct 1834.)

Ordered by the court that Jerome Miller, Alfred W. Ross and James H. Davis be appointed commissioned to settle with George W. Wood and Angus M. L. McBean as administrator of A. C. Pagan, dec’d and that they report to the next Term of this court. (Issued 13th October)

Ordered by the court that Jerome Miller, Alfred W. Ross and James H. Davis be appointed commissioners to settle with William W. Watson as administrator of David Brown, deceased, and that they report to the next Term of this court.

(p-124) October 6th 1834

An account of the sale of the goods and chattals (sic) of the estate of Andrew W. Davidson, deceased, was produced in open court by the administratrix (sic) of said estate Catharine R. Davidson which was ordered by the Court to be received and recorded.

On motion it was ordered by the Court that the presinks (sic) of elections held at the house of Mary Davidson be moved to the house of John Williams and that all elections hereafter be held at said Williams‘s.

Ordered by the Court that John Williams be excused as serving as a Juror at their Term of Court.

R. B. Brown administrators of the estate of James M. Ross, deceased, produced in open court an account of the sale of goods and chattels of said estate which was ordered (p-125) by the court to be received and recorded.

James H. Davis and William W. Watson commissioners for the County of Obion produced in open court a settlement with John C. Wilson former Trustee of said County which was ordered by the court to be received and recorded and it was further ordered by the court that said commissioners be authorized to give said John C. Wilson credit for all vouchers produced by him hereafter and such credits as shall be deemed insolvant (sic) on the Raingers (sic) books and that they report to the next term of this court.

On motion it was ordered by the Court that William Calhoon be appointed constable for Capt. Nelm‘s Company which was done on condition that he give bond and security as directed by law.

p-126  October 6th 1834

On motion it is ordered by the Court that William C. Edwards be appointed overseer on the Road leading from Troy to B. Tottens from the East end of John Parrs lane to the main East fork of Hoosier Creek and that all the hands that formerly worked under Alfred Lomax work under him and that he make the same a second class road and that he do his duty thereon for one year.

On motion of John McNeely by attorney it is ordered by the Court that the Trustee of Obion County pay the holder of said John McNeelys order one hundred and sixty five dollars the balance due him on an order drawn in his favour by Jesse Edminson one of the commissioners in Trust for the Town of Troy for two hundred and sixty five dollars dated 1st April 1833 (hard to read, might be 1834) out of the money collected by virtue of Taxes levied to defray the expenses of building the Courthouse.

p-127 October 6th 1834

On motion it is ordered by the Court that David W. Farris be appointed overseer on the Road from Troy to Dyersburg commencing at Troy and working to the four mile post and that all the hands that worked under Samuel M. Simpson work under him and that he make the same a first class road and that he do his duty thereon for one year.

Ordered by the court that Thomas Spright have the leave to alter the Trenton Road so as to straighten his land now running through this plantation.

On Motion it was ordered by the court a majority of the acting justices of Obion County present that Joel S. Enloe, Sheriff of Obion County, be allowed the sum of fifty dollars for ex oficio services for this year.

Ordered by the court that William Adams be excused as serving as a Juror at this Term of this course.

p-128 October 6th 1834

On motion it is ordered by the court a majority of the acting Justices of Obion County present that Samuel D. Wilson, former clerk of this court, be allowed forty dollars for his ex oficio services for this year and that he be allowed the sum of twenty dollars for making out the Tax list for the year 1834.

On motion it is ordered by the court that James L. Mills be appointed overseer on the road leading from Mills Point (note: present day Hickman KY) to Dresden beginning at the four mile tree to Mud Creek at the state line and to have all the hand (land??) in the following bounds to wit, beginning at the four mile tree then north to the Black Swamp at the State line thence West to Culbersons on the State line thence South East to the East side of Edward Jones house thence to the East (p-129) side of William F. Scott‘s thence Southward to John Matheney‘s house thence Southwardly to the East side of M. Talley‘s house thence to the West side of B. Ivins plantation thence South to John Pankeys road (?) improvement thence East to Grove Crest bridge thence to the East side of James B. Holomons plantation thence North to the beginning and to make the same a first class road and that he do his duty thereon for one year.

p-130 October 1834

A deed of bargain and sale from A. S. Harris to Thomas and Simon B. Spright for Two Town Lots in Troy Nos. 5-10 & 29 was produced in open court and duly acknowledged by the said A. S. Harris and ordered by the Court to be certified for registration.

Catherine R. Davidson records his stock mark a cross off the right ear and a split in the left.

On motion it was ordered by the court that Joel S. Enloe, Sheriff and collector of the Public Taxes for the County of Obion, be authorized to receive Taxes on the property not listed for taxation for this year and that he report the same accordingly.

On motion it is ordered by the court a majority of the acting Justices of the county of Obion (p-131) present that James H. Davis and William W. Watson be allowed the sum of Twenty five dollars each for settling with John C. Wilson former Trustee of this County for the years 1830, 1831, 1832, 1833.

On Motion it is ordered by the Court that the order appointing commissioners to view out a road and mark the same from the mouth of Indian Creek to James Wilsons on the Moscow road be reviewed and that Willis Caldwell be added to the Jury.

On Motion it was ordered by the Court that Lots Nos. 53 and 76 in the town of Troy be sold by the commissioners of said Town in Trust and that they make report of the same at the next Term of this Court.

p-132  It appearing to the court that there was a mistake in listing land of Colin Auld, for taxes for the year 1834, 1500 acres only being listed on motion it was ordered by the court that the tax list be amended by listing 15000 acres in the name of Colin Auld, in twelve tracts, situated on the North Fork of Obion River instead of 1500 acres.

This day came James L. Mills and presented here in court a petition signed by sundry citizens of the county of Obion, praying that a Jury be appointed to sum (see??) and report whether the road leading from the state line on toward Dresden from the Reelfoot bridge to the state line cannot be so laid off and attend so as to run through the plantation of James L. Mills in a way without detriment to the public and with detriment to said Mills Plantation so as to make it run on as good ground as it now runs, and make report to next Court & ordered that William A. Maxwell, Martin Hall, Geo. W. Maxwell, Alfred McDaniel, John S. Davis, Jno. Jones and George White be appointed said Jury.

p-133 October Term 1834

It is ordered that tomorrow be set apart for the doing of county business which is administered by this Clerk accordingly the court will also do other business on tomorrow

Court adjourned until tomorrow morning 9 o’clock.

B. Totten, J.P.
John Harpole, J.P.
R. B. Brown, J.P.

Tuesday morning, 7th October A. D. 1834

Court met pursuant to adjournment proclamation being made proceeded to business.

Benjamin C. Totten produced in court a license authorized to practice in the different courts in this State as an attorney at Law & on motion it was ordered that he be admitted an attorney of this court & thereupon the oaths prescribed by law were admitted to him as such.

It appearing to the court that Joel H. Dyer the Attorney General for the State is not in attendance it is thereupon ordered by the court that Benjamin C. Totten, one of the attorneys of this court be appointed Attorney General for the State during the present Term of the Court & thereupon the said Benjamin C. Totten took the oaths prescribed by law as Attorney General.

p-134 October 7th 1834

The Sheriff returned into court the venire facias awarded at the last tern of this court executed on all the persons therein named except Samuel McDaniel and the following Persons Appeared, to wit:

1. William T. Whitesell 12. Grasty Mansfield
2. Jerome Miller 13. E. T. Brockwell
3. Alfred W. Ross 14. William Adams, discharged
4. James M. Porter 15. John M. Buchanan
5. Joseph Meadows 16 William C. Edwards
6. James Mills 17. John C. Wilson
7. Samuel G. Waraford 18. Thomas Hampton
8. William F. Scott 19. John Williams,discharged
9. Joseph R. Edwards 20. David Hubert
10. Daniel Brown 21. William Carter
11. William Andrews 22. Jonathan Nix,discharged

p-135 October 7th 1834

Out of which number the following persons were drawn as grand jury, to wit:

1. William T. Whitesell 8. William Andrews
2. Daniel Brown 9. Thomas Hampton
3. Grastly Mansfield 10. James M. Porter
4. Alfred W. Ross 11. John M. Buchanan
5. William T. White 12. William F. Scott
6. Joseph Meadows 13. Joseph R. Edwards
7. William C. Edwards 14. Jerome Miller

 

Whereupon William T. Whitesell was by the court appointed foreman of the grand jury and after being duly sworn and by the solicitor general cautiously and duly charged as the law directs they retired to consult &c

On motion it is ordered by the court that Jonathan Nix be excused as a Juror at the present term of this court.

p-136 October 7th 1834

On motion it is ordered by the court that Samuel G. Warford be excused as Juror of present Term of this Court it appearing to the satisfaction of the Court that a Stallion belonging to John M. Buchanan had been entered on the Tax list for 1834 as taxable property and said John M. Buchanan making it appear to the Court on oath that he had not kept the said horse holly (sic) for that purpose whereupon it is ordered by the court that he be released from all but one dollar and fifty cents of said Tax.

Solomon P. Catoe Vs John Hubert) Certiorari
This day came the parties by attorney and the defendant by attorney moved the court to rule the Plaintiff to give security for prosecuting this suit whereupon by consent of the parties it is ordered by the court that this cause be continued until the next Term (see page 137) of this Court and tat the Plaintiff give security to prosecute his suit by calling of the cause at the next term or that the same be stricken from the Dockett.

William Calhoun who was yesterday elected Constable for Obion County came into Court and entered into bond in the sum of one thousand dollars payable to this William Carroll, governor of the State at the time being and his successors in office with William C. Edwards and Samuel S. Calhoun his securities condition as as the law directs.

On motion it is ordered by the court that Richard Davis, John Mosier, Saml. Mosier, Larkin Eastridge, William Eastridge, William Hutchinson and George Cunningham be appointed a Jury of view to view and mark out a road the nearest and best way from the nine mile post on Dyersburg road to Richard Davis, on State line (p-138) in a direction to Mills point Kentucky and that they make report to the next term of this court.

On motion it is ordered by the court that Thomas Harper be appointed overseer on the Dresden road from Troy to the four mile post and that all the hands that formally (sic) worked under Willis Hogge work under him and that he make the same a first class road and that he do his duty thereon for one year. (Issued 14th Oct.)

On motion it is ordered by the court that Richard B. Brown serve as one of the Quorum Court during this Term.

Samuel D. Wilson former clerk of this court having tendered his resignation of the first day of this term and the same being received (p-139) on motion the court went into the election of a clerk whereupon proclamation being made the court proceeded to the election and after counting out the votes it appeared with William S. S. Harris had three votes and that Harry Applewhite had three votes and the Court proceeded to the second balloting and on counting out the votes it appeared that W. S. S. Harris had three votes and Harry Applewhite had three votes where upon it was ordered by the court that said election be continued until tomorrow.

Samuel H. Cole vs. Littleton Hubard and William W. Watson) Motion
This day came the parties by attorney and it appearing to court capias issue from the court of pleas and quarter sessions of said County of Obion on the 8th day of July 1834 and (p-140) returnable to the present term of this court as the suite of the Plaintiff against Littleton Hubbard by which the Sheriff was commanded to take the body of said Hubbard in satisfaction of the sum of two hundred and eighty dollars damages and seven dollars 12 cts. cash which was executed on the body of said Hubbard and said Hubbard entered into bond with William W. Watson his security conditioned according to the act of 1824 for Insolvent Debtors and thereon came said Hubbard and moved for his discharge from said Ca Sa and on examination of proof the court was of opinion that said casa had illegally issued it was ordered by the court that said Hubbard be discharged from said casa and bond and said Cole called upon the court to require of said defendant to comply with (p-141) the conditions of said bond which he refused than he moved the court for Judgment on said bond against said Hubbard and Watson for the amount of his said Ca Sa returned which the court refused to render.

It is considered by the court that the said Hubbard and Watson recover of said Cole the costs of this motion from all of which said Cole prays an appeal to the next circuit Court of Said County of Obion which was granted & he gave bond and security as the law directs.

John Parr, Chairman of County Court of Obion County Vs. Joel S. Enloe, Sheriff & Collector and his securities) Motion
This day came the attorney General who prosecutes for the State and moved the court for Judgment in favor of Plaintiff against the said Joel S. Enloe, Sheriff and Collector of public revenues for the County of Obion for the year 1829 (p.142) and against Seth Bedford, William M. Wilson and Benjamin W. McIntosh as his securities for the sum of Two hundred dollars and two cents a part of the county taxes remaining and from Joel S. Enloe as Sheriff and collector for said year 1829 which motion was by the court ordered to be docketed.

John Parr, Charmin of County Court of Obion County Vs. Joel S. Enloe, Sheriff & Collector of the Public Revenues of  Obion County and his securities)
This day came the Attorney General who prosecutes for the State and moved the court here for Judgment in favor of sd. Plaintiff Joel S. Enloe, Sheriff and Collector of the Public Revenues for the county of Obion of the years 1830 and 1831 and against William Wilkinson and Seth Bedford two of his securities (p-143) for the discharge of his duties as collector for the sum of three thousand thirty tow dollars the revenues by him collected for the County of Obion for and during the said years which he failed to pay over and thereupon said motion was ordered by the court to be docketed.

John Parr, Charmin of County Court of Obion County Vs. Joel S. Enloe, Sheriff & Collector of the Public Taxes for Obion County and his securities)
On this day came the Attorney General and moved the court for Judgment in favor of the said Plaintiff against Joel S. Enloe as Sheriff and  Collector of the Public Revenues for the county of Obion for the years 1832 and 1833 and against R. B. Brown, Samuel L. Teater, two of his securities for the performance of his duty as collector for the sum of thirteen hundred (p-144) and thirteen dollars a part of the county taxes for the said year which the said Joel S. Enloe, Sheriff and Collector as aforesaid is liable for and fails to pay over according to law whereupon said motion was ordered by the court to be docketed

an order having been issued from the July term 1834 of this court appointing commissioners to review the Road running from Troy to Dresden beginning at the Cain Creek and intersecting the said road three quarters of a mile on the west of Thomas Taylors and said commissioners having proceeded to view same and made report it is therefore ordered by the court that said road be — so as to leave said Taylors plantation of the North of said road.

p-145 Court hen adjourned  until tomorrow morning 9 o’clock

B. Totten, J.P.
Willis Caldwell, J.P.
R. B. Brown, J. P.

Wednesday morning court met pursuant to its adjournment.

Samuel W. Cole vs Littleton Hubbards & William W. Watson)  In this cause, James L. Totten came into court and acknowledged himself the Plaintiff’s security for prosecution his appeal with effect, or the payment of their costs incident on failure.

William A. E(?)achbaum & C. C. Muriel vs. Charles McAlister) Continued
In this cause by consent of parties and the assent of the court, this cause is continued as on the affidavit of the Plantiff, and a — order taking depositions each giving lawful notice.

G (?). Arman & J. H. Mann vs Angus W. L. McBain, Admrs. of Andru C. Pagan, Dec’d) Sci Fa
This day came the (p-146) plaintiff and moved the court to order a said Facias to issue upon the suggestion then made at last term of this court and it appearing that the clerk had failed to issue a said Facias returnable to this term it is ordered that a said Facias issue on the suggestion made at the last term of this court, returnable to the next term.

H. J. P. Westbrook vs. A. M. L. McBain & Jon. W. Wood) Motion to be released as security of Admrs.
In this case H. J. P. Westbrook came into court and dismissed this motion & proceedings & said McBain as administrator of  A. C. Pagan, Dec’d., comes into court & assumes the costs whereon it is commended that said proceedings be dismissed and said McBain pay the costs of this proceeding.

Andrew S. Harris who was appointed clerk for the term of this court tendered his resignation which was accepted by the court and the said court present B. Totten, Willis Caldwell, James Henderson, W. Farris, R. B. Brown, Jno. Harper, H. J. P. Westbrook & William Richards having failed to elect a clerk on yesterday and being of opinion that they have no power to make a permanent clerk on this day and (p-147) for the convenience of suits and further disputes of this business of this court proceeded to appoint a clerk pro tem until the court shall full the vacancies and then upon said court appointed William S. S. Harris Clerk of this court pro tem until the court shall elect a principle clerk and thereupon said Harris came into court and entered into bond required by the Statutes in such cases made & provided and took the several oaths required by law and entered upon the duties of his offices as clerk pro tem of this court.

Ordered by the court that a tract of land containing 640 acres entered in the name of Grass Brasfield be released from double taxes for 1833-1834.

James Hogge vs A. M. L. McBain, as Admrs. of H. C. Pagan) Motion takes reliance from Securities of the debts.
This day came the said James Hogge and suggested here to the court that he is about to be endamaged as the security of said McBain & Wood as Administrators of A. C. Pagan and on motion of said Hogge it is ordered that a notice issue to the said McBain & Wood to appear at the next (p-148) term of this court and give other security in place of said Hogge surrender said admrs. notice according to the Statutes in such cases made & provided.

State of Tennessee Vs Cornelius Sheeks) In Riot
This day came the attorney general who prosecutes on behalf of the state and the defendant in proper person who in being charged on the indictment herein court says that he cannot gainsay the said indictment but put in open court confessed that he is guilty in manner & form as therein charged, whereupon it is considered that he make his peace with the state by the payment of three dollars and that he remain in custody of the Sheriff until said fine and the costs of this prosecution be secured and thereupon comes into open court Jesse Sheeks and acknowledges himself the defendant’s securities for payment of said fine & costs.

It is therefore considered that the State of Tennessee recover against said deft. & said Jesse Sheeks said fine of $3 together with the costs of this prosecution & that execution issue & the deft. go.

State of Tennessee vs Walker) In Riot – continued as application of the Attorney General

p-149 State of Tennessee Vs Edward Robbins) Indict.
This day comes the Attorney General who prosecutes in behalf of the State and the Deft. in proper person who are being charged in the Bill of Indictment plead not guilty and for his trial puts himself on his County and the Attorney General doth the like and thereupon convey a Jury of good & lawful men to wit:

1. David Hubert 7. John Gene
2. James Nulls 8. S. S. Calhoun
3. William Carter 9. Thos. Allison
4. E. T. Brockwell 10. C. M. Bennett
5. John C. Wilson 11 William Minton
6. Jesse Sheeks 12 Anderson Lysander

Who being elected tried & sworn the truth to speak upon the issue joined upon their oaths do say the deft. is guilty in manner & form as charged in the bill of Indictment and thereupon the deft. moved the court for a rule to show cause why a new trial should be granted.

State vs John Faust) Indict.
Ordered that a Capias issue against the deft. in the case returnable to the next term.

State vs Jno. Polk) Motion to quash Execution
This day came the defendant moved the court to quash (p-150) an execution issued against himself for the sum of $2.12½¢ and it appearing to the court that said execution is given & ordered that the same be given hold.

Geo. W. Wood & A. M. L. McBain Admrs. of A. C. Pagan vs John Parr) Assumpsit
This day came the parties by their attorneys and thereupon came a Jury of good and lawful men who being elected tried and sworn the truth to speak upon the issue joined upon their oaths do say they cannot agree, whereupon they are inspired by the court from rendering their verdict until tomorrow morning.

Ordered by the court that the bond which was given was W. S. S. Harris on today as clerk pro tem of this court be recorded which bond is in the following words, to wit:

State of Tennessee, Obion County.
Know all men by these present that we, William S. S. Harris, Samuel L. Teater, Thomas Allen, John Linn, and William Edwards all of the County & State aforesaid, are held and firmly bound unto William Carroll, governor of the State aforesaid and his successors in office in the sum of ten thousand dollars for the payment of which well and truly to be made we bind ourselves our heirs &c jointly and severally firmly by these present (p-151) sealed with our seals & dated this 8th day of October 1834.
The condition of the above obligation is such that whereas the said W. S. S. Harris was the day appointed Clerk Pro Tem of the County court for the county aforesaid of said Court now if the said William S. S. Harris shall surely keep the records of said court and shall faithfully discharge all the duties of his said office then the above obligation to be void, otherwise to remain in full force, dated above.
Test: H. A. Garrett

W. S. S. Harris (Seal)
Samuel L. Teater (Seal)
Thos. Allen (Seal)
John Linn (Seal)
William C. Edward (Seal)

Ordered by the court that the clerk pro tem take into his possession the books, papers, furniture, scrip, laws &c and all other things belonging to the County court of this county.

And thereupon Court adjoined until tomorrow morning at 8 o’clock.

B. Totten, J.P.
Willis Caldwell, J.P.
R. B. Brown, J. P.

p-152 9th October Term 1834

Thursday morning court met pursuant to adjournment & proclamation being made proceeded to business.

Angus L. M. McBean & George W. Wood, Admrs of Andrew C. Pagan, Dec’d Vs Thomas Allison) Motion
This day came the parties by their attorneys & it appearing that the motion of defendant made at last term of this court to set aside the judgment obtained by motion is this cause & to quash said proceeding & the execution that issue on the same from the court below had not been entered, by one issue of the clerk thereon by consent of parties by their attornies it is ordered by the court that said motion be not entered, to set aside & quash the judgment & the execution that issued on the same, which was obtained by motion of said Plaintiff against said Defendant, by motion, before Seth Bedford, Justice of the Peace &c for $32.98½ & upon agreement had it appeared to the court that the defendants motion is this behalf ought to be sustained.  It is therefore considered by the court that said motion be sustained, that said judgment be set aside & that the execution  issued thereon be quashed that said defendant go hence &c & recover his costs against said Plaintiff or administrators to be levied of the said Plaintiff intestates in their hands &c from which judgment the said Plaintiffs pray and appeal to the Circuit Court to be holden for said County of (p-153) Obion in Troy on the second Monday next, which is granted to them.

John C. Wilson vs. James Hogge & Samuel D. Wilson) Debt. – Judgt.
This day can the parties by their attorneys and thereupon came a jury of good and lawful men, to wit: David Hubert, James L. Mills, William Carter, Edwin T. Brockwell, Phillip Fields, Thomas Allison, John Linn, James S. Brown, John Payne, William F. Smith, James Good & Gideon Kirksey, who being elected tried and sworn the truth to speak upon the issue joined in said cause between parties, upon their oaths do say that said Defendants have not paid the debt in said Plaintiffs said declaration alledged buy that the said Defendants do owe the said debt to the said Plaintiff & that the same debt is three hundred & thirty three dollars and 33 1\3 cents besides costs.
It is therefore considered by the court that said plaintiff recover of said defendants the said sum of $333.33 1/3 the debt aforesaid and $13.33 1/3 cents the damage aforesaid by the jury aforesaid in manner & form aforesaid assessed & also his cost by him in and about his suit in this behalf expended & that execution issue for the same & debts in.

p-154 October Term 1834

Cornelius Sheeks, Jesse Sheeks vs Robert White) Assumpsit – Continuance
This day came the parties by their attorneys and thereupon by consent of parties it is ordered by the court that this cause be continued to the next term of this court & that a general order to take deposition be first entered each to give the other twenty days notice of the time & place of taking of the same both in & out of the State of Tennessee.

William W. Lea Assignee &C vs Moses Parr) Debt. Continued
This day came the parties by their attorneys & thereon by consent of parties it is ordered by the court that said Plaintiff be permitted to amend his declaration as he may choose & that the cause be continued for trial at the next term of this court &c.

John Linn vs Finey Dabney) Certiorari – Continuance
This day came the parties by their attorneys & thereon by consent of parties it is ordered by the court that this cause be continued to the next term of this court &c by the Plaintiff paying costs in this cause for the term &c.

p-155 October Term 1834

George W. Wood and A. M. L. McBean, Administrators of A. C. Pagan, Deceased Vs John Parr) Assumpsit
This day came the parties by their attorneys, and thence came the jury that was on yesterday reported, to wit: William T. White, David Brown, Grasty Mansfield, Alfred W. Ross, Jerome Miller, Joseph Meadows, William C. Edwards, William Andrews, James M. Porter, John M. Buchanan, William F. Scott, Joseph R. Edwards, who now upon their oath do say that said defendant did assume & undertake in manner & form as said Plaintiffs have alledged, within three years next before the commencement of this action and the do assess said Plaintiffs damages by reason thereof to seventy two dollars & 37 ½  cts. besides costs.

Therefore it is considered by the court that said Plaintiff recover of said Defendant the said sum of $72.37 ½ cents the damages aforesaid by the jury aforesaid in manner & form aforesaid and also their costs by them in & about their suit in this behalf expended.

John McClure vs William S. S. Harris) Debt – Appeal from a Justice
This day came the parties by their attorneys and thereupon came a Jury of good and lawful men, to wit: David Hubert, Jas. L. Mills, (p-156) William Carter, Edwin T. Brockwell, Phillip Fields, Thomas Allison, John Linn, James S. Morris, John Pagan, William F. Smith, Jas. Good, Gideon  Kirksey, who being elected, tried and sworn the truth to speak upon the maters in dispute between said parties, thereupon by consent of parties, David Hubert one of said jurors was withdrawn & a mistrial ordered to be entered & the cause stands for trial at next term.

Noah B. Hauser vs. Samuel Nelms) Debt – Appeal from a Justice
This day came the parties by their attorneys and thereupon came a Jury of good and lawful men, to wit: David Hubert, Jas. L. Miller, (p-156) William Carter, Edwin T. Brockwell, Phillip Fields, Thos. Allison, John Linn, James S. Brown, John Payne, William F. Smith, Jas. Good, Gideon Kirksey, who being elected, tried and sworn the truth to speak upon the maters in dispute, between said parties, upon their oath do say that said Defendant owes & is indebted to said Plaintiff in the sum of twenty seven dollars & 50 cents debt & $1.35 damages are assessed by said jury for detention thereof.

Therefore it is considered by the court that said Plaintiff recover of said Defendant the said sum of $27.50 debt & $1.35 cents the damages aforesaid by the Jury aforesaid in manner & form aforesaid assessed, and also his costs (p-157) by him about his suit in this behalf expended & that execution issue &c and the Plaintiff releases twenty five cents of the damages assessed as aforesaid.

Robert B. Harper, executioner of the last will & Testament of A. Linn, Deceased Vs Robert White) Assumpsit Judgt.
This day came the parties by their attorneys and thereupon came a Jury of good and lawful men, to wit: John C. Wilson, William Carter,  James L. Miller, David Hubert, James S. Brown,   Edward T. Brockwell, William A. Brown, A. M. L. McBean, Thomas Allison, Gideon Kirksey, Mathew Young, Wm. L. Smith, who being elected, tried and sworn the truth to speak upon the issue joined in this cause upon their oaths do say that said Defendant did assume & undertake in manner & form as said Plaintiff in declaring hath alledged & they do assess his damages by reason of non-preformance of that assumpsit & undertaking to the sum of seventy four dollars ninety eight cents besides costs.

Therefore it is considered by the court that said Plaintiff recover of said Defendant the said sum of $74.98¢ the damages aforesaid by the jury aforesaid in manner and form aforesaid assessed and also the costs by him about the suit in this behalf expended & that execution issue &c.

p-158 October Term 1834

The State of Tennessee vs Edward Robbins) Affray – Motion
This day came the solicitor for the State & Defendant in person & by attorney & thereupon the Defendants rule to show cause why a new trial should not be granted came on to be heard and upon agreement thereon it appeared to the court  that said motion should be overruled.

It is therefore considered by the court that said motion be overruled, that the said Defendant make his peace with the State by a fine of one dollar.  It is further considered by the court that the State of Tennessee recover against said Defendant one dollar the said fine & also the costs of this prosecution & that he stand commital till he give security for the same and thereon John Linn came here in court & acknowledged himself security of said Defendant for the fine & costs aforesaid and here confess judgment for the same agrees that execution may issue against him jointly with said Defendant for the fine & costs aforesaid.

Ordered by the court that James L. Mills who is one of the Travis Jury, be discharged from further service at the Term.

William M. Wilson, Administrator of David Taylor, Deceased Vs Jordan Hassell, Administrator of the Estate of Jonathan C. Haughton, Dec’d) Motion for Scire Facias
The Plaintiff comes into Court and files the affidavits of William P. Ratclift and Andrew S. Harris which are as follows, to wit:

In this cause William P. Ratcliff makes oath that in the years 1832 & 1833 he acted as deputy clerk of the court of Pleas and quart Sessions of Obion County, that during the time of his so acting John Hutchinson as acting Justice of said County resigned & returned his papers into the clerks office of said County, and amongst the papers so returned there was a Judgment rendered in due form in favor of William M. Wilson, Administrator of David Taylor, Deceased, against Jonathan C. Haughton for the sum of $74.21 debt and $1.00 costs of suit that after the readition of said judgment said Haughton died and administration of his estate was granted to Jordan Hassell. He further states that a scire facias was issued by the clerk against the said Hassell as Administrator of said estate and was returned executed by the Sheriff of Gibson County by which Hassell was commanded to appear before the Clerk of the Court of Pleas and Quarter S3essions of Obion at his office in Troy, on the 13th day of July A. D. 1833, and show cause if any he had or could, why said Judgment should not be revive & the Plaintiff have execution against him, for the amount of said debt interest & costs, of the estate of said deceased, in his hands to be administered, and that accordingly on that day said Judgment was renewed against (p-160) said Hassell as administrator as aforesaid in due form of law, for the sum of $74.21 debt and the sum of $6.92 interest and $3.12½.

He further states that he has examined the papers in the office of Clerk, for the said Judgment against sd. Haughton for the scire facias against said Hassell, and for the judgment of renewal against the said Hassell, but has not been able to find them, and that he believes said papers are lost.

State of Tennessee, Obion County( Court of Pleas and Quarter Sessions, October Term, 1834

William M. Wilson, Administrator of the Estate of David Taylor, Dec’d Vs Jordan Hassell, Administrator of the Estate of Jonathan C. Haughton, Dec’d.)  In the cause Andrew S. Harris makes oath that he has made diligent search for the papers alluded to in the foregoing affidavit of William P. Ratcliff, that he has not been able to find them & that he believes said papers are lost.
A. S. Harris
Sworn to and subscribed in Open Court 9th Oct. 1834

W. S. S. Harris, Clerk Pro Tem

And also filed execution follows, to wit:

State of Tennessee:

For the Sheriff of Gibson County, Greetings.  You are hereby commanded that the goods and chattels, lands and Tenements of Jonathan C. Haughton, Dec’d., in your county (p-161) to be found, which are in the hands of Jordan Hassell (administrator of the estate of said Haughton) to be administered you cause to be made the sum of seventy four dollars 21 cents, debt six dollars ninety two cents interest, three dollars 12 ½ cts. the fees hereon endorsed, together with all lawful costs and interests until paid to satisfy a Judgment that William M. Wilson admst. of the estate of David Taylor, Dec’d. recovered against said Hassell as admst. aforesaid before the Clerk of the court of Pleas & Quarter Sessions of Obion County, of the 13th July 1833, fail not & due return make hereof.

Witness, Samuel D. Wilson (Clerk) of said Court at office in Troy this 18th day of July A. D. 1833.

Samuel D. Wilson (Clerk)

Judgment July 13th 1833 Debt $74.21
Interest     6.92
Costs before Justice Hutchinson     1.00
Clerks Scire facias       .50
Als Sci Fa       .50
Execution & search for papers      .25     1.25
Sheriff McLauren returning Sci Fa Not found      .25
Sheriff serving Sci Fa 62½      .87½     3.12½

And upon the back of said execution was the following endorsement:

Issued July 18th 1833: No Property found October 10th 1833, M. McLauren, Shff.

State of Tennessee:

To the Sheriff of Gibson County. Greetings.  You are hereby commanded that of the goods & chattels, lands & Tenements of Jonathan C. Haughton, Dec’d. in your county to be found which are in the hands of Jordan Hassells, administrator of the (p-162) estate of said Haughton to be administered your cause to be made the sum of seventy four dollars 21 cts. debt six dollars ninety tow cents, interest three dollars 12 ½ cts.  The fees hereon endorsed together with all legal interest & costs until paid to satisfy a Judgment that Wm. M. Wilson, administrator of the estate of David Taylor, Dec’d. recovered against said Hassell as administrator as aforesaid, before the Clerk of the Court of pleas & quarter Sessions of Obion County on the 13th day of July 1833, fail not and due return make hereof.

Witness, Samuel S. Wilson, Clerk of said Court at office in Troy this 10th October, 1833.

Samuel D. Wilson Clerk, By A. S. Harris, D.C.

Judgment July 13th 1833 Debt $74.21
Interest     6.92
Costs before Justice Hutchinson     1.00
Clerks Scire facias       .50
Alias Sci Fa       .50
Execution & search for papers       .25
Sheriff McLauren returning Sci Fa Not found      .25
Sheriff serving Sci Fa 62½      .62½     .87½

And  upon the back of said Execution was the following endorsements, to wit: Issued October 10th 1833.

Came to hand same day issued no property to be found in my Cty. Jan. 4th 1834.  M. McLauren. Shrf.

p-163 And said Plaintiff thereupon alledged that he recovered as aforesaid against Defendants for the dept damages and costs aforesaid that execution issued on the same as aforesaid & was returned no property found and thereon the said Plaintiff states and suggests here to the court that a large amount of assets came to the hands of said Hassell as administrator and that said Hassell has wasted the same and thereon he prays that scire facias may issue in favour of the Plaintiff against said Hassell, returnable to the next term of this court, commanding him (Hassell) then & there to appear & show cause if he could why the Plaintiff should not have Judgment and execution against the Defendant of the Judgment, damages and costs aforesaid.

And thereupon a Scire Facias was ordered by the court accordingly, returnable to the next term of this court.

The State Vs Gideon Kirskey & Dolly Kirksey) Indictment

This day the grand jury returned here in Open Court a bill of indictment the said Gideon Kirksey and Dolly Kirksey for trespass but arrives and abstraction of legal process endorsed by there foreman a true bill and then retired.

The State Vs Gideon Kirskey)  Indictment

The Grand Jury this returned here in Open Court a bill of indictment against Gideon Kirksey for breaking jail and escaping custody endorsed by their foreman a true bill and returned (p-164) and proclamation being made the court then adjourned until tomorrow morning 9 o’clock.

B. Totten, J.P.
Willis Caldwell, J.P.
R. B. Brown, J. P.

Friday morning 10th October, 1834

Court met pursuant to adjournment & proclamation being made proceeded to business.

A. M. L. McBean & George W. Wood, Administrators Andrew C. Pagan Vs John Farr) Assumpsit

This day came the Defendant and prayed an appeal to the next Circuit Court to be holden for Obion county on the second Monday in November next and filed his affidavit stating that was unable to give security to prosecute said appeal and prayed the benefit of the act of assembly of 1821 for the benefit of poor persons and thereupon the court granted an appeal as prayed for without the Defendant giving bond and security.

Umphrey Davidson Vs Benjamin Farmer) Motion for order.

This day came Umphrey Davidson in court and shows to the court from the papers, records and proceedings in the cause herein mentioned that he had recovered a judgment for forty two dollars & fifty cents debt also interest thereon & 50 cts. costs on the 15th day of March 1834 in the County of Weakly against Benjamin Farmer before Perry Vincent, Justice of the Peace for said County of Weakly and that execution had issued thereon in said County of Weakly against said Farmer for said sum of recovery & the interest & costs in the behalf, that that the same was unsatisfied for the want of effects in said County & that said execution had been sent certified in due form of law, by the clerk of Weakly Cty. to the County of Obion and that execution issue thereon by Richard B. Brown, Justice of the Peace in & for Obion County dated 16th August 1834 to a lawful officer of Obion County reciting the aforesaid judgment & execution & commanding the officer to make said sum of money & costs of goods & chattels of said Defendant that William W. Watson, deputy Sheriff of Obion county returned thereon that said Defendant had no goods & chattels in his county to levy said Deft. &c & that he had levied the same upon two lots of ground situated in  the town of Troy in Obion county he owns on the plat of said town by lots No. six & twenty one & said levy is dated 1st October 1834.  Thereon, on motion of Plaintiff is ordered by the Court that the (p-166) Sheriff of Obion County proceed to advertise & sell said lots of ground according to law to satisfy the judgment & costs aforesaid and that an order of sale issued to him & that he report his proceedings herein to the next term of this court &c and it is further ordered by the court that Plaintiff recover of Defendant the costs of this motion.

Ordered by the Court that the traverse Jury be discharged from further attendance this court.

Robert B. Harper, Executor of Will of Andrew Linn, Dec’d. Vs. Robert White) Asumpsit

This day came the parties by their attorneys & thereon the Defendant prayed an appeal to the circuit Court to be holden for Obion County on 2nd Monday of November next, which was granted, he having entered into bond with Wm. U. Watson & R. B. Brown as security as required by Law.

The State of Tennessee Vs David W. Pound) Indictment Affray, Forfeiture of Recognisance

This day came the attorney general for the state and said defendant being solemnly called to come into court according to his recognisance entered at last term of this court to answer a charge & not depart, with bond, came not but (p-167) made default & forfeited his recognisance it is therefore considered by the court that the State of Tennessee recover of said David W. Pounds two hundred & fifty dollars the amount of his said recognisance and also the costs in & about said recognisance in   this  behalf expended.

The State of Tennessee Vs David W. Pound) Indictment for an Affray – Recognisance

This day came the solicitor for the State and it being make to appear to the court here from the records &c that James M. Pound had entered into a recognisance at the last term of this court, conditioned that David W. Pound be and appear at the present term of this court to answer the said State a charge for an affray &c and said David W. Pound being solemnly called to come into court to answer said charge & he not appearing thereon the said James M. Pound was solemnly called to come into court and bring with him the body of said David W. Pound to answer said charge, he came not but make default & forfeited his recognisance.

It is therefore considered by the court that the State of Tennessee recover of said James M. Pound two hundred & fifty dollars the amount of said recognisance and also the costs in & about said recognisance expended.

p-168 Rosannah Harper Vs Joel S. Enloe, R. B. Brown, Administrators of James M. Ross, Dec’d) Debt.

This day came R. B. Brown against whom a scire facias was ordered at the last term of this court as administrator of James M. Ross, dec’d., and moved the court for a rule to show cause why said scire facias should not be quashed which was ordered to be entered & upon agreement thereof it appeared to the court that the same ought to be quashed.

It is therefore considered by the court that said scire facias be quashed & for nothing esteemed B. Totten, W. Caldwell & W. M. Wilson, Esqrs. presiding and thereon the Plaintiff by attorney moved the court for a scire facias against the said Richard B. Brown, administrator of James M. Ross, returnable to the next term which was ordered accordingly and by consent this cause is continued until the next term of this court, B. Totten, W. Caldwell & W. U. Wilson, Esqrs. presiding.

Ordered by the court that W. U. Watson, C. McAlister & A. W. O. Totten be appointed to settle with Seth Bedford administrator of John Pate, dec’d & report to the next term.

p-169 It is ordered by the court that the following persons, good & lawful men of the County of Obion be summoned by the Sheriff to appear at the next term of this court as grand & petit jurors, to wit:

1. James H. Guy 14. Francis Taylor
2. James N. Cullen 15. Samuel Reeves
3. William Harpole 16. James Reeves
4. Wyatt Bettis 17. Robert Harper
5. Wm. A. Maxwell 18. James L. Brown
6. George White 19. Horace Head
7. Samuel Curlin 20. James B. Hogge
8. John Stanford 21. Benjamin Garrison
9. James Wilson 22. Geo. W. Clark (Clack ?)
10. Abram Marbary 23. Wm. B. Partee
11. James Wadkins 24. Thomas Allen
12. Ezekiah Carter 25. Benjamin Sheeks
13. Jerome Wadkins 26. A. A. Cunningham.

And that William Calhoun & James L. McCollum, constables, be summoned to wait on the court.  The court then adjourned till court in course.

Willis Caldwell, J.P.
B. Totten, J.P.
R. B. Brown, J. P.

 


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