STATE ARCHIVES ROLL #40 HAYWOOD COUNTY, TENNESSEE COUNTY CLERK MINUTES VOLUME I FEBRUARY 1865–MARCH 1869
SOURCE FOR THE FOLLOWING: HAYWOOD CO. , TN. COURT MINUTES; VOL. H; PG. 626-30
November Term 1864: DAVID WHITAKER, H. R. JOHNSON & CHRS. R. JOHNSON vs. ANN E. WHITAKER, L. D. WHITAKER, PEGGY CASTILLOW, JOHN CASTELLOW, SALLY SANDERS, ADELINE MIDYETT, MILTON MIDYETT, NANCY JOHNSON, ZACH T. JOHNSON, LOUISA JOHNSON & J. F. WORTHAM
BE IT REMEMBERED THAT THIS CAUSE CAME ON FOR FINAL HEARING ON NOV. 7, 1864 BEFORE THE WORSHIPFUL COUNTY COURT OF HAYWOOD COUNTY, TN. ON THE REPORT OF THE COMMISSIONERS WAS APPOINTED AT A PREVIOUS TERM OF THIS COURT WHICH REPORT IS IN THE FOLLOWING WORDS AND FIGURES, TO WIT: TO THE WORSHIPFUL COUNTY COURT OF HAYWOOD COUNTY, TENNESSEE–THE UNDERSIGNED WAS AT THE JUNE TERM OF YOUR WORSHIPFUL BODY APPOINTED COMMISSIONERS TO DIVIDE THE SLAVE PROPERTY OF THE ESTATE OF THE LATE CHARLES R. JOHNSON, DEC’D. , AMONG HIS HEIRS. FIRST HAVING BEEN DULY QUALIFIED WAS PROVIDED TO DISCHARGE THE DUTY ASSIGNED US AND TO SUBMIT THE FOLLOWING REPORT AS FOLLOWS: THERE ARE 9 HEIRS AND THE MONEY VALUE OF EACH DIVISION OR SHARE IS $811. 99 LOT #1–C. R. JOHNSON, JR. RECEIVED NEGRO WOMAN MARTHA AND BOY JERRY VALUED AT $925. 00. LOT #2–NANCY JOHNSON RECEIVED NEGRO WOMAN MANDA & CHERRY VALUED AT $675. 00. LOT #3–SARAH SANDERS RECEIVED NEGRO WOMAN MARGARET AND CHILD GEORGIANNA VALUED AT $75. 00. LOT #4–LOUISA JOHNSON RECEIVED NEGRO WOMAN MARY AND HER CHILD WILLIE, ALSO A BOY JOHN VALUED AT $975. 00. LOT #5–Z. T. JOHNSON RECEIVED NEGRO WOMAN PRISCILLA & BOY SILVESTER VALUED AT $950. 00. LOT #6–W. R. JOHNSON RECEIVED NEGRO MAN NELSON VALUED AT $700. 00. LOT #7–M. B. MIDYETT RECEIVED NEGRO MAN PETER VALUED AT $700. 00 LOT #8–JOHN E. CASTILLOW RECEIVED NEGRO GIRL AMANDA & NEGRO MAN MATTHEW VALUED AT $807. 00. LOT #9–L. D. WHITAKER RECEIVED NEGRO GIRL _______ AND BOY JOE VALUED AT $825. 00. IN AS MUCH AS SOME OF THE ABOVE HEIRS HAVE RECEIVED MORE AND SOME LESS THAN THEIR DISTRIBUTION ACCORDING TO THE MONEY VALUE OF THE PROPERTY DIVIDED AND IN ORDER TO EQUALIZE THE DIVISION, C. R. JOHNSON, JR. WILL PAY TO NANCY JOHNSON $113. 12 AND LOUISA JOHNSON WILL PAY HER $23. 76. LOUISA JOHNSON WILL PAY SARAH SANDERS $61. 88 AND TO WILLIAM R. JOHNSON $77. 48 AND Z. T. JOHNSON WILL PAY WM. R. JOHNSON $34. 40 AND M. B. MIDYETT $103. 72, L. D. WHITAKER, M. B. MIDYETT $8. 16 AND J. E. CASTILLOW $4. 96. WE WOULD FURTHER STATE THAT IN THIS DIVISION IS INCLUDED NEGRO GIRL TENNESSEE HERETOFORE GIVEN TO JOHN E. CASTILLOW BY C. R. JOHNSON, DEC’D.
AND THERE BEING NO EXCEPTION TO SAID REPORT, IT IS ORDERED & DECREED THAT THE SAME BE IN ALL THINGS AFFIRMED. IT IS THEREFORE ORDERED THAT LL THE RIGHT & TITLE WHICH THE PARTIES ABOVE NAMED EXCEPT THE SAID CHARLES R. JOHNSON HAVE IN AND TO THE SLAVES MARTHA & JERRY BE DIVESTED OUT OF THEM AND VESTED IN THE SAID CHARLES R. JOHNSON. IT IS FURTHER ORDERD THAT ALL THE RIGHT & TITLE WHICH THE PARTIES ABOVE NAMED EXCEPT SAID SARAH SANDER HAVE IN AND TO THE SAID SLAVES MARGARET AND HER CHILD, GEORGIANNA, BE DIVESTED OUT OF THEM AND VESTED IN THE SAID SARAH SANDERS. BE IT FURTHER ORDERED THAT ALL THE RIGHT AND TITLE WHICH THE AFORESAID PARTIES EXCEPT THE SAID ADELINE MIDYETT AND HER HUSBAND HAVE IN & TO THE SAID SLAVE PETER BE DIVESTED OUT OF THEM AND VESTED IN THE SAID ADELINE MIDYETT AND HER HUSBAND. . . .
IT BEING REPRESENTED TO THE COURT THAT THE SAID W. R. JOHNSON HAS ONLY A LIFE TIME ESTATE IN THE LANDS GIVEN TO HIM BY HIS FATHER. IT IS THEREFORE ORDERED BY THE COURT THAT IF UPON THE PRODUCTION OF HIS DEED, THIS FACT SHOULD APPEAR, THEN THE SAID WM. R. SHALL HAVE SAID LANDS ALLOTTED TO HIM, BUT THE COMMISSIONERS SHALL VALUE SAID LANDS AT WHAT THEY ARE WORTH AT THE PRESENT TIME. IT ALSO APPEARING THAT THE SAID WM. R. IS THE REGULAR GUARDIAN OF THE SAID LOUISA JOHNSON, THEREFORE IT IS ORDERED THAT HE BE RELEASED FROM ANSWERING SAID PETITION FOR HIS WARD AND THAT J. F. WORTHAM BE APPOINTED GUARDIAN AD LITEM FOR THE SAID LOUISA AND ANSWER FOR HER. AND IT FURTHER APPEARING TO THE COURT THAT THE DEFENDANTS HAD BEEN SUMMONED TO APPEAR AND ANSWER AT THE PRESENT TERM OF THIS COURT WHICH THEY FAILED TO DO. THEREFORE UPON MOTION OF THE PETITIONERS BY THEIR SOLICITOR IT IS ORDERED THAT SAID DEFENDANTS ANSWER BEFORE THE NEXT TERM OF THIS COURT, OTHERWISE THEY WILL BE CONSIDERED AS STANDING OUT IN CONTEMPT OF COURT.
PAGE 6; FEBRUARY TERM 1865: It appearing to the satisfaction of the court that the minor heirs of P. C. MIDYETT, deceased, is without a regular guardian, upon application, it is ordered that David Moody be and is hereby appointed guardian ad litem to litigate.
PAGE 9; FEBRUARY TERM 1865: An inventory and account of sales of the estate of P. C. MIDYETT was this day handed into open court by Thomas E. NOEL, administrator. Sworn to and subscribed and ordered to be recorded.
PAGE 10; FEBRUARY TERM 1865: E. R. MIDYETT Admr. of J. C. SULLIVAN On motion, E. R. MIDYETT was this day appointed administrator of the estate of J. C. SULLIVAN, deceased. Thereupon the said E. R. MIDYETT came into open Court, was duly qualified and entered into and acknowledged his bond in the sum of one thousand dollars, with Thomas H. NEWBORN and Thomas E. NOEL as his securities, who severally acknowledge said bond in open Court, which bond is approved by the Court and ordered to be recorded and ordered that letters of administration issue to E. R. MIDYETT.
PAGE 10; FEBRUARY TERM 1865: Hugh M. CLARK T. W. BATCHELOR & A. ROSE Ordered by the Court that H. M. CLARK, T. W. BATCHELOR and A. ROSE be appointed Commissioners to lay off and set apart to the widow and children under fifteen years of age, of J. C. SULLIVAN, deceased, their years allowance out of the estate of said deceased and report on oath to the next term of the court.
PAGE 17; JULY TERM 1865: Howell H. MAHON, who has been appointed and commissioned Sheriff of Haywood County, by William L. BROWNLOW, Governor of the State of Tennessee, this day came into Court, was duly qualified and entered into and acknowledged his Bond in the sum of thirty thousand dollars, with R. W. FLEMING; N. L. MYDIETT(Midyett); D. A. NUNN; James W. MOORE; T. E. MAHON and John F. WORTHAM as his securities, who severally acknowledge said bond in open Court, which Bond is approved by the Court and ordered to be recorded.
PAGE 18; JULY TERM 1865: J. J. FARROW, who has been appointed and commissioned a Constable of Civil District #11, of Haywood County, Tennessee, by Wm. J. BROWLOW, Governor of the State of Tennessee, this day came into Court, was duly qualified, entered into and acknowledged his Bond in the sum of eight thousand dollars, with N. L. MIDYETT and J. B. MORTON as his securities, who severally acknowledged said Bond in open Court, which Bond was approved and ordered to be recorded.
PAGE 19; JULY TERM 1865: N. L. MIDYETT, who was elected a Constable in Civil District #13 of Haywood County, Tennesse, this day came into Court, was duly qualified and entered into and acknowledged his bond in the sum of eight thousand dollars, with R. W. FLEMING, J. J. FARROW and H. H. MAHON as his securities, who severally acknowledged said Bond in open Court, which Bond was approved and ordered to be recorded.
PAGE 30; AUGUST TERM 1865: Thomas N. SKELTON Exr. of Francis R. SKELTON, dec’d A paper writing purporting to be the last will and testament of Francis R. SKELTON, dec’d ; was this day produced in open Court. Witnesses: Mary F. NOEL and D. H. THOMAS Executor: Thomas N. SKELTON Bondsman: H. S. MOODY & D. H. THOMAS
PAGE 34; AUGUST TERM 1865: David WHITAKER admr. of Charles R. JOHNSON Ann E. WHITAKER & her husband, L. D. WHITAKER Charles R. JOHNSON, Jr. Peggy CASTELLOW & her husband, Jno. CASTELLOW Sally SANDERS Nancy JOHNSON vs Adeline MIDYETT & her husband, Milton MIDYETT Wm. R. JOHNSON & Zack J. JOHNSON & Louisa JOHNSON, by their guardian;J. F. WORTHAM Be it remembered that this cause came on to be heard on the 8th day of August 1865, before the Worshipful County Court for said County of Haywood, on the petition answers of all defendants by themselves or guardians, upon exhibits of proff in the cause and it appearing to the Court that in April 1864, C. R. JOHNSON departed this life intestate, in said county, leaving no widow, but the following children: the said Wm. R. and C. R. JOHNSON; Ann E. , who has intermarried with the said L. D. WHITAKER; Peggy, who has intermarried with the said Jno. CASTELOW; Sallie SANDERS, whose husband is dead; Adeline, who has intermarried with the said Milton MIDYETT; Nancy, Zack T. , and Louisa, the last two being minors, J. F. WORTHAM, guardian of the said Zack T. and William JOHNSON, guardian of said Lousia, both appointed by the said County Court;it further appearing to the Court that said C. R. JOHNSON had died seized and possessed of the tracts of land in the pleadings mentioned and that he had given his son, William, one hundred and fifty acres for the life of him, said William and that the said intestate had given to his daughter, Adaline, one hundred and one half acres for her life; and it also appearing to the Court, that the said Milton MIDYETT has paid five hundred dollars, part of the purchase money of the tract, one hundred and one half acres given to the said Adeline; It further appearing to (pg 35) the Court that said David had at the May term of this Court, been appointed Administrator of the estate of the said Charles R. JOHNSON and that no part of any of the said lands which the said Charles R. JOHNSON died seized and possessed, are needed for the payment of his debts, and that said lands can be divided between the heirs above mentioned. It further appearing to the Court that the said Charles R. JOHNSON, had sold and transfered his interest in said land to his sister, the said Ann E. WHITAKER, the premises considered your petitioners pray that your Worships will appoint Calvin BEST; I. E. CRICHLOW; T. M. NEAL; J. B. PATTERSON; Wm. MITCHELL and R. L. THOMAS, commissioners, to divide the said land between the heirs of the said Charles R. JOHNSON, the said William JOHNSON to account for lands at what the land was worth at the time given. The Commissioners to ascertain and decide what is the difference of an estate for life and one in fee, and charge the said William with the land advanced to him as a life estate, and that said Commissioners ascertain the value of the land, advanced and given to the said Adaline at the time it was given, deducting the five hundred dollars paid by the said Milton MIDYETT, and charging the said Adaline with the balance of the estate as a life estate, and not charging her as much as an estate in fee, and to ascertain the value of the land, the said Commissioners have power to call before them, witnesses ans examine them as to the value of said lands, any three of said named Commissioners may all in the premises, and report to the next term of this Court. If the Commissioners are satisfied that exact petition cannot be made without material injury to the parties or someone of them, they may make the petition as nearly equal as they can and charge the larger shares with the sum necessary to equalize all the shares and report the facts. The said Commissioners to set apart the share of the said Ann E. WHITAKER, and that conveyed to her by her brother, the said Charles R. JOHNSON, together if practiable and further, that the Clerk ascertain what amounts should be allowed the attorneys for their services in this case and report the same to the Court at its next term.
PAGE 35; AUGUST TERM 1865: Lucy A. MIDYETT vs Virginia A. MIDYETT & et als On petition of the Plaintiff, it appearing that P. C. MIDYETT died on ___day of November 1864, seized in fee, of a tract of land (pg 36) of two hundred and eighty seven acres, lying and being in the County of Haywood, also one other tract, lying and being in the said County, containing twenty eight acres of land, on which he resided at the time of his death, it appearing further that the plaintiff was his lawful wife, and is entitled to dower in said tracts of land, it appearing also that the Plaintiff had given defendants Virginia A. , et als, heirs of said deceased, five days notice of this application, it is therefore ordered by the Court that I. E. CRUTCHLOW; H. BRANCH; R. JENNINGS; free holders of said County, be appointed Commissioners in conjunction with R. L. THOMAS, Surveyor in said County, to allot and set off to the Plaintiff, the one third value of the said lands for her dower and report to the next term of Court.
PAGE 36; AUGUST TERM 1865: Ordered by the Court that the administrator of the estate of P. C. MIDYETT, Thomas E. NOEL, appear, at the September Term 1865 of the County Court of Haywood County, to show cause if he has any, why this settlement of the guardianship of P. C. MIDYETT, fot the separate estate of A. V. and E. M. MIDYETT be not set apiece and also that P. M. NEAL attend as witness as to the hire of negroes.
PAGE 37; AUGUST TERM 1865: Ordered by the Court that Frank WORTHAM; Henry SHERRON; William JOHNSON; Henry MOODY and Milton MIDYETT be and they are hereby appointed a jury of view to examine into and report upon the propriety of the change or altering the Dyersburg and Jackson road as now, or contemplated being near by Richard GREGORY’s at or near his house, beginning at or near MICHELLS & PATERSONS lane, Then running West to the Lanefield & Cherryville crossroads and make their report to the next Quarterly Term of this Court.
PAGE 39; SEPTEMBER TERM 1865: Henry S. MOODY guardian of A. V. & E. A. M. MIDYETT vs Thomas E. NOEL Admr. of P. C. MIDYETT In this case, it is ordered by the Court that the petition be dismissed and the petitioner pay the cost of this case.
PAGE 40; SEPTEMBER TERM 1865: John CLARK Admr. of Wm. M. PERMENTER On motion, John CLARK was this day appointed administrator of the estate of William M. PERMENTER, deceased. Whereupon, the said John CLARK came into Court, was duly qualified, entered into and acknowledged his Bond in the sum of seven hundred dollars, with his securities, William EVANS and James A. BOWLING.
PAGE 41; September Term 1865: W. R. JOHNSON; C. R. JOHNSON; Nancy F. J. CASTELOW; Zachariah T. JOHNSON Sally SANDERS; Annie E. WHITAKER and her husband, L. D. ; Peggy CASTELLOW and her husband, John. vs Adeline MIDYETT & her husband, Milton MIDYETT Louisa JOHNSON by her Guardian Be it remembered that this cause came on for hearing on the 4th day of September 1865, before the Worshipful County Court, for the County of Haywood in the State of Tennessee. Upon the report of the Commissioners given in this case by said Court, which report is in the following words and figures to wit: The undersigned Commissioners, appointed at the August Term 1865, of the County Court of Haywood County, State of Tennessee, to divide the lands belonging to the heirs of C. R. JOHNSON, dec’d, among the parties entitled to the same, having met upon the premises, and being wholly disinterested, have made the division according to the order of the said Court and beg leave to offer the following report as theirs. We have valued the whole landed estate, including the advancments to W. R. JOPHNSON and Adeline MIDYETT at 121828 4/7 dollars (this is the way the amount was written), which divided by nine, the number of heirs, makes each share 1314 2/7 dollars (again no other marks) In accordance with the order, we have set apart to the said Ann WHITAKER, two shares together and bounded as follows: Beginning at the northeast corner of the 50 acre tract mentioned in the order and running thence south 74 degrees West 96 poles to a stake in the forks of the road, thence South 11 degrees east 86 poles to a stake in the Dyersburg and Jackson road, with a peach tree pointer-thence due south 146 poles to a hickory with two black oaks, a hickory and popular pointers in the north boundary of 500 acres belonging to Willis W. WHITAKER-Thence east 5 degrees north 76 poles to a large black oak-Thence north 251 poles to the beginning, containing 120 acres, valued by us at $2628. 27 or two ninths of the value of landed estate. We have alloted to Mrs. Sally SANDERS, 65 acres, designated as Lot #3- Beginning at the northeast corner of the KING tract, now owned by Richard GREGORY, at a stake(pg 42) in what is called the new Frog Jump road-running thence south with the east boundrey of the same 115 2/3 poles to a stake- Thence east 103 poles to a stake in the Brownsville and Dyersburg road- Thence north 11 degrees west 118 1/4 poles to a stake in the aforesaid Frog Jump road- Thence west with said road 80 poles to the beginning; this survey includes the one acre given by C. R. JOHNSON to Johnson’s Grove Church, but is excluded fron the amount given to the said Sally SANDERS, her part being 65 acres, independant of the Church lot, this share is valued at $1300 and is entitled to receive $14. 28 from W. R. JOHNSON. We have alloted to Louisa JOHNSON, a minor, the 100 acres known as the NORMAN tract, which being entirely detached from all the other lands belonging to the estate, we have necessarily been compelled to put into one share, bounded as follows: Beginning at a large black oak, the southwest corner of the FOULKNER tract, now owned by aRichard GREGORY-running thence north 29 poles to a stake (maybe 99 poles), with maple and red oak pointers-Thence west 162 poles to an elm, with oak and two maple pointers- Thence south 99 poles to a gum with two maple pointers- Thence east 102 poles to the beginning, valued at $1800, which is in excess of $485. 72 over the value of one share, which amount the guardian of Louisa JOHNSON, will pay to Mrs. Adeline MIDYETT-this lot in our division is designated as Lot #4. We have allotted to Zachariah T. JOHNSON lot #5, beginning at the southwest corner of Lot #3- running thence south 65 poles to the southeast corner of the old KING tract, to a stake with white oak, poplar and gum pointers- thence west 17 poles to the northeast corner of Wm. R. JOHNSON’s 150 acre tract, a stake with hickory and white oak pointers- thence south 229 poles to a stake with gum, ash and dogwood pointers-thence east 46 poles to a stake ????, then north 294 poles to a stake-thence west 29 poles to the beginning, containing 77 acres, valued at $1350, which is $35. 72 in axcess of one share, which amount the guardian of said Zacharah T. JOHNSON will pay over to Mrs. Adeline MIDYETT, or her representative. We have allotted #6 to Peggy CASTELLOW, wife of John-bounded as follows: Beginning at the southwest corner of lot #5, a stake with pointers-running thence northeast 42 poles toa stake in the field-thence west 42 poles to a stake in the field-thence west 42 poles to the northeast corner of lot #5, belonging (pg43) to Z. T. JOHNSON, thence south 294 poles to the beginning, containing 77 acres and valued at $1350, which is an excess over one share of $35. 72, which amount the said Peggy and her husband, John will pay to Adeline Midyett or her respresentative. We have allotted to Nancy, which has intermarried since the last term of the County Court with T. J. CASTELLOW, Jr. , Lot #7-Bounded as follows: Beginning at the southwest corner of lot #6, running thence north 294 poles to a stake, thence east 32 poles to a stake in the Brownsville and Dyersburg road- thence with said road south 11 degrees east 60 3/4 poles to a stake in the corner of the lots #1 and #2 allotted to Ann WHITAKER-thence south with the wesy boundary of the same 146 poles, to the southwest corner of the said Ann WHITAKER’s lots-thence west–?? poles to the corner of W. W. WHITAKER’s 50 acre tract-thence south with the west boundary of the same 90 poles to the original southeast corner of the RAYNER tract-thence west 46 poles to the beginning, containing 77 acres, valued at $1350, which is an excess of one share 0f #35. 72, which the said Nancy and her husband will pay to Adeline MIDYETT. In accordance with the order of the Court, we have taken proof which is here submitted, of the difference between a life estate and an estate in fee simple, or absolutely and have estimated the life estate of W. R. JOHNSON in the 150 acres given to him by his father, $1350, which being in excess of one share, $35. 72, the said William will pay Adeline MIDYETT $21. 44 and $14. 28 to Sally SANDERS. We have also, after taking proof, taken into consideration, the difference between the life estate of said Adeline MIDYETT and an estate in fee simple and after deducting the $500 paid by her husband towards the 101 1/2 acres given by J. R. JOHNSON, Sr. , to the said Adeline and known as the FARMER tract, estimate her life estate to be worth $700, which is short of one share $614. 28, we have ordered that this amountshall be paid by the Legatees, who have an excess over their shares as follows: W. R. JOHNSON, guardian of Louisa $485. 73 Zack T. JOHNSON, or his guardian $ 35. 72 Wm. R. JOHNSON on his own excess $ 21. 44 Peggy CASTELLOW & her husband $ 35. 72 Nancy CASTELLOW & her husband $ 35. 72 —————$614. 30 All of which is respectfully submitted, after having been duly qualified, this — September 1865. P. M. NEAL I. T. CRICHLOW Calvin BEST W. H. MITCHELL R. L. THOMAS –one of Commissioners and also Surveyor- -Commissioners served each four days. (pg 44) And there being no exceptions to said report, It is ordered by the Court, that the same be in all things affirmed, and It is further ordered, that all the right and the title, which the above heirs/ except the said Ann E. WHITAKER and her husband have in and to Lots #1 & #2, be divested out of all the other Heirs and vested in the said Ann E. WHITAKER. It is further ordered that all the right and title which all of the said Heirs, except Sally SANDERS, have in and to Lot #3, be and the same is hereby divested out of them and vested in the said Sally SANDERS. It is further ordered that all the right and title, which all of the said Heirs, except Louisa JOHNSON, have in and to Lot #4, be divested out of them and vested in the said Louisa, and that she by her guardian, will pay to Adeline MIDYETT Fout hundred and eighty-five & 72/100 dollars. It is further ordered that all right and title, which all of said Heirs, except Zachariah T. JOHNSON have in Lot #5, be divested out of them and vested in the said Zach. T. JOHNSON, who is ordered to pay Adeline MIDYETT $35. 72. It is further ordered that all the rights and title, which all the said Heirs, exceptPeggy CASTELLOW, have in and to Lot #6, be divested out of them and vested in the said Peggy, who with her husband, is ordered to pay to Adeline MIDYETT $35. 72. It is further ordered that all the right and title, which all the said Heirs, except Nancy CASTELLOW, have in and to Lot #7, be divested out of them and vested in the said Nancy, who with her said husband, is ordered to pay Adeline MIDYETT $35. 72 dollars. It is further ordered that the said Wm. JOHNSON hold the land given to him by his father, according to the deed from his father, and that he pay to the said Adeline MIDYETT $21. 44 dollars, and that he also pay to Sally SANDERS $14. 28 dollars. It is also ordered that the said Adeline MIDYETT hold the 101 1/2 acres given to her by her father, according to the terms of the deed from him to her, herself and that she is to receive from Louisa JOHNSON, by her guardian, four hundred and eighty five &72/100 dollars, —from W. R. JOHNSON, twenty one 44/100 dollars—from Zach T. JOHNSON, or his guardian, twenty five & 72/ dollars—from Peggy CASTELLOW & her husband, thirty five 72/dollars— from Nancy CASTELLOW & her husband, thirty five 72. dollars. (pg 45) It is ordered by the Court that the Commissioners receive each $20 and that the said R. S. THOMAS receive the further sum of $15, as surveyor, besides his $20 as Commissioner, and it is further ordered that the Sol. SHOTHER & Bond receive one hundred dollars and that the said David WHITAKER, as Administrator of the said C. R. JOHNSON, deceased, pay all the costs of this suit, including the clerks and sheriff.
PAGE 46; September Term 1865: STATE of TENNESSEE HAYWOOD COUNTY On motion, N. L. MIDYETT was this day appointed guardian to Luiza J. HOWELL, Mary C. EDWARDS & David H. EDWARDS. Whereupon, the said N. L. MIDYETT came into Court, entered into and acknowledged his Bond in the sum of One thousand dollars, with Wm. EVANS and A. A. FREEMAN as his securities, who severally acknowledged said Bond in Open Court. Which Bond was approved by the Court and ordered to be recorded.
PAGE 46; September Term 1865: Lucy A. MIDYETT vs Virginia A. MIDYETT et al The Commissioners appointed at the last Term of the Court to assign to the Plaintiff her dower in the estate of P. C. MIDYETT, deceased, return the following report. The undersigned Commissioners at the last term of Court, do alot to Lucy A. MIDYETT, her dower out of the real estate of her deceased husband, P. C. MIDYETT, being sworn, do assign her the following land, lying in Haywood County, and bounded as follows: Beginning at the northwest corner of the tract, purchased by the deceased, of H. A. PARTEE-running thence south seventy five poles to a stake with gum, ashe and dogwood pointers-Thence east one hundred and ninety-nine poles, to a stake with pointers-Thence north 75 poles to the northeast corner of the aforesaid tract of land-Thence west 199 poles to the beginning, containing 93 acres, including the family mansion and out building, which we consider one third in the value of the real estate of said P. C. MIDYETT, deceased. Given under our hands and seals (pg47) this, the 20th day September 1865 Howell BRANCH (seal) T. E. CRUTCHFIELD (seal) Robert JENNINGS (seal) R. L. THOMAS surveyor Which report is in all things confirmed, and the Administrator pay the costs to wit: $5. 00 to the surveyor, $2. 00 each to Commissioners. Attorneys fee: $25. 00
PAGE 68; October Term 1865: N. L. MIDYETT guardian & C vs P. F. JACKSON This cause coming on to be heard before the Worshipful County Court, upon petition and answer and proof had. And it appearing to the satisfaction of the Court, that one fifth of the land as described in the petition, would be manifestly to the interest of the minor heirs to be sold. The land is bounded as follows, to wit: On the south by the lands of G. B. COOK, east by the lands of P. F. JACKSON, west by the lands of R. D. MIDYETT, north by the lands of J. B. MORTON. And it further appearing to the satisfaction of the Court, that it is to the interest of the minors, that the guardian, N. L. MIDYETT be allowed to sell the aforesaid land privately. It is therefore ordered, adjudged, and decreed by the Court that one fifth of said land so discribed, be sold privately by N. L. MIDYETT, the guardian of the minors herein, and report to the next term of this Court.
PAGE 86; November Term 1865: N. L. MIDYETT Gdn. & C vs J. T. JACKSON Be it remembered that this cause came on to be heard before the Worshipful County Court on the report of the said N. L. MIDYETT, gdn. , made in accordance with a decree of this Court at its last term, which said report is as follows, to wit: Pursuant to and order of the County Court of Haywood County, State of Tennessee, and by the authority invested in me by said County, I, N. L. MIDYETT, guardian of the minor heirs of Julius C. EDWARDS, deceased, have this day bargained, sold, aliened and conveyed unto G. W. BOND, and his heirs and assigns forever, in consideration of the sum of five hundred dollars, to him in hand, paid by the said BOND; the receipt whereof is hereby acknowledged, the one-fifth of the above described tract of lands, the same being undivided, the entire tract containing one hundred acres, bounded as follows to wit: Beginning at a stake with white oak and hickory pointers, J. B. MORTON’s southeast (pg 87) corner-Thence south one hundred thirty six poles to a stake with dogwood and hickory pointers, COOK’s northeast corner-Thence west one hundred and seventeen poles and 7/10ths to a stake-Thence north one hundred and thirty six poles to a stake in R. D. BRYANT line-Thence east 117 7/10 poles to the beginning. It being the same that J. William EDWARDS died seized and possessed of and having descended to the heirs of said EDWARDS, the minor heirs of said J. C. EDWARDS being entitled to the one fifth part of the said one hundred acres of land, which one fifth part, the said N. L. MIDYETT, as guardian, aforesaid, do sell, convey, warrant and will forever defend the title of the undivided one fifth part of the one hundred acres to the said J. W. BOND and his heirs and assignees forever against the claim or claims of all persons whatever. In witness whereof, the said N. L. MIDYETT, guardian, as aforesaid, has set his hand and seal this 17th day of October 1865. N. L. MIDYETT, guardian of the minor heirs of Julius C. EDWARDS, deceased Which said report is in all things confirmed and it is further ordered that the Plantiff pay all costs.
PAGE 312; Tuesday January 8, 1867: Ordered by the Court that Jas. WHITEHEAD; Jas. A. McMURRY; and Frank MAXWELL be, and they are hereby appointed commissioners to lay off and set apart to Amelia WHITE, widow of the late Isaac WHITE, one years provision out of the estate of her deceased husband, and report at the next term of this Court.
PAGE 342; Wednesday 6th February 1867: We, the undersigned freeholders of Haywood County, Tennessee, after being duly sworn, have proceeded to set apart to Amelia WHITE, the widow of Isaac WHITE, deceased, so much of the crops and provisions on hand as will be sufficiant in our opinion, to support her one year, from the death of her husband. We set apart to her for said purposes, the following articles to wit: All the household and kitchen furniture-15 bls. of corn on hand, 2 stacks of fodder on hand- 500 lbs. of pork on hand, 1 mule, 1 cow & calf, 1 sow & 6 shoats, 1 axe, 2 irons and 1 iron wedge, 2 plows, and 2 sets of gear- 100 lbs. lard, all the poultry on hand, 1 bbl. flour, 10 gals. molasses- 25 lbs. coffee, 40 lbs sugar- 1 bbl. salt and $10 in money. This January 21, 1867 James WHITEHEAD F. M. MAXWELL Jas. M. McMURRAY
PAGE 359; Monday April 1, 1867: Ordered by the Court that Calvin BEST, John BROWN, Richard GREGORY, H. BRANCH and David S. MOODY, be appointed Commissioners to lay off dower and allow a years support to Mrs. Ann KING, out of the estate of her late husband, J. T. KING, deceased.
PAGE 368; Tuesday 2 April 1867: The following list of persons, with amount of their taxes, who are insolvant, and amounts from them cannot be collected included: Jno. A. MOODY $2. 25 District #1 and C. J. BATCHELOR $2. 25 District #4.
PAGE 384; Monday 3 June 1867: E. R. MIDYITT, Admr. of John SULLIVAN Ordered by the Court that the Administrator have the farther time of three months for final settlement of said estate.
PAGE 403; Monday 5 August 1867: H. S. MOODY guardian of Virginia & Ewell M. MIDYETT H. S. MOODY was this day appointed guardian of Virginia MIDYETT and Ewell M. MIDYETT. Whereupon the said H. S. MOODY came into Court, entered into and acknowledged his bond in the sum of Twenty-five hundred dollars, with Thomas E. NOEL and H. B. FOLK as his securities, who severally acknowledged said bond in open Court. Which bond was approved by the Court and ordered to be recorded.
PAGE 412; Monday 2 September 1867: W. W. WHITAKER, Gdn, of Frances A. E. , Emmerson E. , and Lucy C. MIDYETT On motion, W. WHITAKER was this day appointed Guardian of Frances A. E. , Emmerson E. , and Lucy C. MIDJETT, whereupon the said WHITAKER came into Court, entered into and acknowledged his bond in the sum of Twelve hundred dollars with J. B. YANCEY and H. H. MAHON as his securities, who severally acknowledged said bond in open Court, which bond the Court approved and ordered to be recovered.
PAGE 413; Monday 2 September 1867: H. S. MOODY was a security for E. J. CHANEY, Admr. , of John M. DODSON.
PAGE 414; Tuesday 3 September 1867: Ordered by the Court that E. R. MIDJETT, Admr. , be allowed further time to settle up the Estate of J. C. SULLIVAN, deceased.
PAGE 421; Monday 7 October 1867: Ordered by the Court that the following appropriations to be made viz; (1) To David S. MOODY, for support of pauper; Peter and clothing for same this winter– -$50. 00.
PAGE 445; Wednesday 6 November 1867: The settlement of Thomas E. NOEL as administrator of the estate of P. C. MIDJETT, was confirmed by the Court and ordered to be recorded.
PAGE 459; January Term 1868: The settlement of H. S. MOODY, guardian of Angeline V. and Ewell M. MIDYETT, made with the Clerk of this Court, was this day brought into Court, confirmed and ordered to be recorded.
PAGE 498; 10th January 1868: It is ordered by the Court that the Bond by Wm. A. MOODY, with Thos. BOND and David A. NUNN as his securities, dated—day of—186–, for the maintenance, education , –of a colored girl named Sarah MOODY, until she should become 18 years of age, is by consent of the said W. A. MOODY and the said Sarah MOODY, cancelled and the said MOODY and his securities released from any obligation or liability by the reason of the execution thereof.
PAGE 544; April Term 1868: J. A. MOODY was security on a $1500. 00 Bond for James WHITEHEAD, Administrator of Susannah WHITEHEAD.
PAGE 550; April Term 1868: Ordered by the Court that Francis CLARK, S. H. PERMENTER, S. H. MIDYETT, G. W. BOND and A. HUGHES be appointed a jury of view, to view out a change in the Cageville and Bells Station Road, as prposed by W. A. LEWIS, where it runs through the said LEWIS’ land and report to the next Quarterly Term of this Court.
PAGE 555; April Term 1868: District #4; MYDETT, T. H. ? $2. 50 MYDETT, A. A. $ 2. 50 District #13 also colored district (pg 562) MIDYETT, Andy $2. 50 MIDYETT, G. W. $2. 50
District #14 also colored district (pg 564) MIDYETT, Ren $2. 50 MOODY, Exum $2. 50 MOODY, Alex $2. 50 The above are the reports of John Patrick BURNS, Tax Collector; a list of insolvencys.
PAGE 571: April Term 1868: The settlement of H. S. MOODY as Guardian of Angeline and Ewell M. MIDYETT, was this day approved by the Court and ordered to be recorded.
PAGE 596; 6th July 1868: Ordered by the Court that E. WARREN; John MANN; H. S. MOODY; J. B. JETTON and John KING be appointed a jury of view to view out a road, commencing at the five mile post on the road leading from Brownsville to Henry JOHNSON’s, running thence north, on the east boundary line of the HUT tract of land, thence on the line between John and James MANN’s lands-north to Henderson’s Ferry, or the most practiable and direct rout and report to next Quarterly Term of this Court.
PAGE 598; 6th July 1868: Persuarnt to an order of the County Court of Haywood County, Tennessee, the undersigned proceeded to view out the change proposed by Wm. A. LEWIS and report as follows, to wit: Leaving the present road near the west end of the lands on the east side og a ditch, running south on the east side of said ditch, to Nelson ALLEN’s line-thence east with said line to the present road. That said change will not add to the distance in said road, and will not–? the public or private individuals, and they therefore recommend that the change be made, providing the said LEWIS shall open out said road and put the road in a good traveling order. This 16th day of May 1868 L. H. PERMENTER P. W. BOND A. HUGHS S. H. MIDYETT Sworn to & subscribed before me, this 16th May 1868–Isaac M. JOHNSON J. P.
PAGE 604; 7th July 1868: Ordered by the Court that a warrant issue against David MOODY for harboring or concealing two orphan children, named Lucy and Martha HOTCHKISS, heretofore bound by the County Court of Haywood County to S. B. HOTCHKISS, without obtaining the consent of a Justice of the Peace, as required by law and that the Sheriff bring before this Court forthwith, the said David MOODY, and the said Lucy And Martha HOTCHKISS.
PAGE 607; 8th July 1868: S. B. HOTCHKISS regained control of Lucy and Martha HOTCHKISS, two colored minors. Martha HOTCHKISS, colored, was bound out to H. C. NOLEN (who was referred to in these records as Master). Lucy HOTCHKISS, colored, was bound out to B. P. BOYD. (He also referred to as Master).
PAGE 608; 8th July 1868: STATE of TENNESSEE vs David MOODY In this, the above case, the defendant, was brought into Court and after proper investigation, the defendant was discharged on his paying the Cost of this proceeding, for which execution may issue.
PAGE 682; 7th December 1868: The Last Will and Testament of Thomas W. CLAYBROOK was proven by the oaths of Henry S. MOODY and Thomas E. NOEL. James W. HART was executor, with MOODY and NOEL, his sureities on $1600. 00 bond.
PAGE 719; 6th January 1869: Jermon BATCHELOR apprinticed to Hugh M. CLARK, Jr. Jarmon BATCHELOR, a minor orphan, colored, was this day apprinticed to H. M. CLARK, thereupon, the said CLARK came into Court, entered into an obligation for the faithful performance of his duties as Master to said apprentice, and for the payment of the money allowed him by the Court, at the end of his apprenticeship with H. M. CLARK as his security on said bond, which was approved by the Court and ordered to be recorded.
PAGE 719; 6th January 1869: John BATCHELOR apprenticed to Hugh M. CLARK, Jr. John BATCHELOR, a minor orphan, colored, was this day apprenticed to H. M. CLARK, thereupon, the said CLARK came into Court and entered into an obligation for the faithful perforance of his duties as Master to said apprentice, and for the payment of the money allowed him by the Court, at the end of his apprenticeship with H. M. CLARK, as his security on said bond, which was approved by the Court, and ordered to be recorded.
PAGE 721; 7th January 1869: Nancy BATCHELOR apprenticed to J. A. M. BATCHELOR Nancy BATCHELOR, a colored orphan minor, was this day brought into Court, and by the Court apprenticed to John A. M. BATCHELOR, thereupon, the said BATCHELOR entered into an obligation for the faithful performance of his duties, and for the payment of fifty dollars to said apprentice at eighteen years of age, with W. B. TAYLOR, R. A. GREEN, and Jno. H. JONES as his securities, which obligation was accepted by the Court, and ordered to be recorded.
PAGE 737; Februsry Term 1869: Emma BATCHELOR: colored minor orphan, was apprenticed to Henry RANDOLPH, colored. His securities were John CLARK, colored; Willis TYSON, colored; and B. P. BOYD.
PAGE 738; February Term 1869: Anthony BATCHELOR; colored minor orphan, was apprenticed to Henry RANDOLPH, colored. His securities were John CLARK, colored; Willis TYSON, colored, and B. P. BOYD.
Lydia BATCHELOR: colored minor orphan, was apprenticed to Henry Randolph, colored; Willis TYSON, colored; and B. P. BOYD.
Louisa BATCHELOR; colored minor orphan, was apprenticed to Henry RANDOLPH, colored; his securities were John CLARK, colored; Willis TYSON, Colored; and B. P. BOYD.
PAGE 742; March Term: Ordered by the Court that Howell BRANCH, H. S. MOODY, & P. M. NEAL be appointed Commissioners to lay off and set apart to Mrs. Delilah BLACKWELL, widow of J. H. BLACKWELL, a years support for herself and minor children, out of the estate of her late husband, and to report to the next Term of this Court.
PAGE 743; March Term
David S. MOODY admr. of J. H. BLACKWELL, dec’d On petition of Mrs. Delilah BLACKWELL, widow of J. H. BLACKWELL, dec’d, Davis S. MOODY was this day appointed administrator to the said J. H. BLACKWELL, thereupon, the said David S. MOODY came into Court, was duly qualified, entered into bond in the sum of five hundred dollars, with P. M. NEAL and H. S. MOODY as his securities, who severally acknowledged said bond in Open Court, which is approved by the Court and ordered to be recorded and ordered that letters of administration issued ti the said David S. MOODY.
PAGE 750; March Term 1869: Allen CURRIE apprenticed to Thomas H. MIDYETT Allen CURRIE, a colored minor orphan, was this day, being brought into Court, and by the Court, apprenticed to Thomas H. MIDYETT. There upon, the said Thos. H. MIDYETT came into Court and entered into an obligation for the faithful performance of his duties as Master to said apprentice, and for the payment of forty dollars in money, when said apprentice shall have arrived at the age of eighteen years, with J. A. M. BATCHELOR and C. E. RUSS as his securities, which obligation being acknowledged in Open Court, the same being approved and ordered to be recorded.
PAGE 750; March Term 1869: Jas. CURRIE apprenticed to Thos. H. MIDYETT Jas. CURRIE, a colored minor orphan, was this day, being brought into Court, and by the Court apprenticed to Thomas H. MIDYETT. There upon, the said Thomas H. MIDYETT came into Court and entered into an obligation for the faithful performance of his duties as Master to said apprentice, and for the payment of forty dollars in money, when said apprentive shall have arrived at the age of eighteen years, with J. A. M. BATCHELOR and C. E. RUSS as his surities, which obligation being acknowledged in Open Court, the same being approved and ordered to be recorded.
PAGE 750; March Term: Juda CURRIE apprenticed to Thos. H. MIDYETT Juda CURRIE, a colored minor orphan, was this day being brought into Court, and by the Court, apprenticed to Thomas H. MIDYETT. There upon, the said Thos. H. MIDYETT came into Court and entered into an obligation for the faithful performance of his duties as Master to said apprentice, and for the payment of forty dollars in money, when said apprentice shall have arrived at the age of eighteen years, with J. A. M. BATCHELOR and C. E. RUSS as his surities, which obligation being acknowledged in Open Court, the same being approved and ordered to be recorded.
PAGE 751; March Term 1869: Wm. CURRIE apprenticed to Thomas H. MIDYETT Wm. CURRIE, a colored minor orphan, was this day being brought into Court, and by the Court, apprenticed to Thomas H. MIDYETT. There upon, the said Thos. H. MIDYETT came into Court and entered into an obligation for the faithful performance of his duties as Master to said apprentice, and for payment of forty dollars in money, when said apprentice shall arrive at the age of eighteen years, with J. A. M. BATCHELOR and C. E. RUSS as his sueities, which obligation being acknowledged in Court, the same being approved and ordered to be recorded.
PAGE 751; March Term 1869: Andrew J. CURRIE apprenticed to Thomas H. MIDYETT Andrew J. CURRIE, a colored minor orphan, was this day being brought into Court, and by the Court, apprenticed to Thomas H. MIDYETT. There upon, the said Thos. H. MIDYETT came into Court and entered into an obligation for the faithful performance of his duties as Master to said apprentice, and for the payment of forty dollars in money, when said apprentice shall have arrived at the age of eighteen years, with J. A. M. BATCHELOR and C. E. RUSS as his surities, which obligation being acknowledged in Open Court, the same being approved and ordered to be recorded.
TENNESSEE STATE ARCHIVES ROLL #40 HAYWOOD COUNTY CLERK MINUTES VOLUME J APRIL 1869—AUGUST 1871
PAGE 3; April Term 1869: TO the Worshipful County Court of Haywood The undersigned appointed Commissioners at the March Term of the County Court;to lay off and set apart to Mrs. Delilah BLACKWELL, wife of J. H. BLACKWELL, deceased, her years provision and support out of said estate, beg leave to submit the following as their action in the premises–We allow her one sorrell horse, a full set of gear for same, 2 turning plows, 1 shovel plow and scraper, with necessary apparatus, 3 beds and bed steads, with all necessary coverings, 1 safe, 17 dining table, what table furniture there is on hand, all the cooking vessels and wash kettles, 1 spinning wheels and cards, 10 ? Shaell square table and furniture, all the provisions on hand, including corn and fodder, all hogs on hand, 1 cow and yearling, 1 gun and apparatus, 10 Ladies saddle, 1 man’s saddle, all the chains on hand, all the tubs and pails on hand, 2 pair fire irons, 1 cooking glass, all the Books on hand, except 2, all the sugar, coffee and molasses on hand, 1 drawing knife and chisel, 1 hand saw, 1 chop ax, 1 cross cut saw, 3 trunks, 2 bridles, 1 pair steel yards, 3 weeding hoes and grub hoe and grind stone. signed; P. M. NEAL H. S. MOODY H. BRANCH
PAGE 9; April Term 1869: The settlement of H. S. MOODY, guardian of Angeline & E. M. MIDYETT, was this day satisfied and confirmed by the Court and ordered to be recorded.
PAGE 9; April Term 1869: The settlement of W. W. WHITAKER, guardian of Emma E. & Lucenda C. MIDYETT, eas this day satisfied and confirmed by the Court and ordered to be recorded.
PAGE 72; September Term 1869: M. J. COX Adminx of M. P. COX dec’d On motion, M. J. COX was this day appointed Administratrix of the estate of M. P. COX, deceased. Whereupon, the said M. J. COX came into Court, was duly qualified, and entered into and acknowledged her Bond, in the sum of $2000. 00, with R. G. CATES and E. D. NORVELLE as her securities.
PAGE 82; October Term 1869: Ordered by the Court that H. M. CLARK, Andrew ROSE, Samuel YELVERTINE, J. W. BATCHELOR and C. RUSS, be appointed Commissioners to let out and supertintend the building of a bridge across Jeffrey’s Creek, where the Estanalla and Brownsville road crosses the same, and report next term of Court.
PAGE 87; October Term 1869: To the Worshipful County Court, Haywood County, TN-The undersigned, your committe, pursunant to the annexed order did meet and proceed as directed to lay-off and set apart to Mrs. M. J. COX, widow of Moses P. COX, dec’d, in to what the law allows, and that she had not in hand as follows, to wit:25 bbls. corn, 20 bushels wheat, 500 rundles fodder, 1000 lbs. pork, 10 head stock hogs, 10 lbs. lint cotton, 50 lbs. coffee, 100 lbs. sugar, 11 bbl. salt, 11 bbl. pep?, 1 bbl. ginger, 6 bbx ? soda, (pg 88). We agree that above articles should be bought by Mrs. COX, who is the Admirx. of the estate of M. P. COX and that she pay for them out of the money due said estate. Thos. P. COOK R. W. FLEMING W. A. JOHNSON Commissioners
PAGE 159; 3rd January 1870: Ordered by the Court that the following approporiation be made to wit: To W. A. MOODY, for burying a pauper; $5. 00
Page 215; 7th March 1870: Ordered by the Court that Clerk & Master make citation to E. R. MIDYETT, as administrator of J. C. SULLIVAN, deceased, to appear on the 3rd Monday in March 1870, at the office of said Clerk and Master, in the town of Brownsville, in Haywood County, for the purpose of rendering an account of his administration of the personal estate of the said J. C. SULLIVAN, and make settlement of same with said Clerk.
PAGE 250; 6th April 1870: The settlement of E. R. MIDYETT, administrator of the estate of J. C. SULLIVAN, was this day, satisfied and confirmed by the Court, and ordered to be recorded.
PAGE 286; July Term 1870 (also same listing on page 287): Ordered by the Court that the following appropriations to be made to wit: included, To E. R. MIDYETT, for building a bridge–$225. oo.
Page 289; 6th July 1870: H. S. MOODY guardian of Ewell & Virginia MIDYETT It appearing to the satisfaction of the Court that H. S. MOODY, Guardian of Ewell & Virginia MIDYETT, minor heirs of P. C. MIDYETT, dec’d; has paid to H. A. PARTEE, one hundred and seventy-eight dollars & twenty cents, as a compromise, to secure a good title to the land belonging to said minors, the title to the same having been disputed and assailed, by one Mrs. Susan S. RAYNER, the original owner, and the Court being satisfied that the compromise and payment of said sum of one hundred and seventy eight dollars, twenty cents in money, was actually necessary in order to secure said land to said minors. It is therefore ordered by the Court, that the Clerk of this Court, give said H. S. MOODY credit for the same, as his settlement as guardian for said minor children.
Page 289; 6th July 1870: W. W. WHITAKER guardian of Collier MIDYETT, Fannie MIDYETT, & Emmerson E. MIDYETT It appearing to the satisfaction of the Court, that W. W. WHITAKER, guardian of Fannie; Collier and Emmerson S. MIDYETT, minor heirs of P. C. MIDYETT, dec’d, has paid to H. A. PARTEE, $267. 30 as a compromise to receive a good title to the land belonging to said minors, the title to same having been disputed or assailed by one Mrs. RAYNER, the original owner. And the Court, being satisfied that the compromise and payment of said sum of $267. 30, in money, was actually necessary in order to save said land to said minors. It is therefore ordered by the Court, that the Clerk of this Court give said WHITAKER credit for same on his settlement as Guardian for said minor children.
PAGE 314; 6th September 1870: The settlement of H. S. MOODY, as Guardian of Angeline MIDYETT and E. M. MIDYETT, was this day ratified and confirmed by the Court, and ordered to be recorded.
PAGE 314; Tuesday Morning 6th September 1870: The settlement of W. W. WHITAKER, guaedian of F. A. E. MIDYETT; Emma E. MIDYETT and Lucy C. MIDYETT, was this day ratified, and confirmed by the Court, and ordered to be recorded.
PAGE 355; 10th November 1870: Ordered by the Court that Robt. S. McLEMORE; Miltin B. PERMENTER and Monroe TODD, be appointed Commissioners, to let out and superintend the building of a bridge across Cypress Creek, at a price not exceeding two dollars a running foot, and report back to the next Quarterly Term of this Court.
PAGE 358; 10th November 1870: The final settlement of E. R. MIDYETT, administrator of the estate of J. C. SULLIVAN, dec’d, was this day ratified and confirmed by the Court and ordered to be recorded.
PAGE 367; Monday 5th December 1870: Ordered by the Court, that J. E. CRICHLEN, H. S. MOODY, and W. R. JOHNSON be appointed Commissioners to lay off and set apart to Mrs. Fadie KAVANNAUGH, widow of J. P. KAVANNAUGH, dec’d, one years’ support out of the assets of said estate, in addition to what the law allows her, and report to the next term of this Court.
PAGE 368; Monday 5th December 1870: F. M. MAXWELL et al vs Phillip LEIMOX, James GRISSEN et al In this case, an order of Reference is hereby made, to the Clerk of this Court, to take proof, and report at the present term of this Court, if it would be to the interest of the new residents, Defendants and minor defendants, if any, have the land in the pleadings mentioned, sold for division.
PAGE 373; Tuesday, 6th December 1870: F. M. MAXWELL Sarah MAXWELL George, Susan, Caroline, Elvania & Polly KOONCE Thomas MAXWELL John BELTON & wf Sarah, formerly Sarah LENNOX vs Phillip LENNOX James GRISSOM Joseph HARPER & wf Paralee formerly Paralee GRISSOM Berry, John, Nancy, Minerva, Eliza and Mary BRUCE Be it remembered that on this the 6th day of December 1870, Came on this caudse to be heard before the Worshipful County Court of Haywood County, R. S. THOMAS, chairman; and Isaac M. JOHNSON & William SANGSTER, associate Justices, upon the petition of the Petitioners order procemfesso regularly taken, as to all the defendants report of the Clerk and Master and proof in the cause. When it appearing to the satisfaction of the Court: that John MAXWELL departed this life sometime in the year 1851, intestate, leaving as his only heirs and distributees, the complainants ans the defendants, and that he died seized and possessed of the following tract or parcel of land, lying and being in the County of Haywood, and State of Tennessee, and bounded as follows: Beginning at Joseph MURPHEY’s northeast corner, a stake and two black oak pointers-Thence South along said MURPHEY’s east boundary line to a stake, the north west corner of a tract of land, now in possession of Nathaniel D. LILLY, about one hundred and fifty eight poles, Thence east along said LILLY’s north boundary line, three hundred and fifty two poles to LILLY’s north east corner, a black and white oak- Thence north one hundred and fifty eight poles, to the north east corner of Grant #270, in the (pg 374) name of Thomas BROWN, -Thence west three hundred and fifty two poles to the beginning, it being acost and lying in the north east corner of said Grant #270, in the Big Hatchie connection of land, containing one hundred and twenty five acres. It further appearing that for petition of said land, or sale per petition thereof, has ever been made among the heirs and distributees of said John MAXWELL, deceased, and that they have a right to same, and it further appearing from the report of the Clerk and Master, which is in the words and figures, following to wit: F. M. MAXWELL et al vs County Court December Term 1870 Phillip LENNOX et al On pursuance of an order of referance directed to the Clerk of this County, he would report in the above named cause, that he has taken proof as required, by said order, and finds that it would be manifestly for the interest of all concerned, Complainants and Defendants, to have the land in the pleadings mentioned, sold and the proceeds thereof, distributed among the heirs and distributees of John MAXWELL, deceased. He further reports from the face of the proceedings in this cause, there are minors, either Complainants or Defendants. The proof is here, filed for the inspection of the Court, all of which is respectfully submitted. December 6th, 1870 J. L. POSTON Clk.
And there being no exceptions to said report, the same is in all things confirmed, that it should be manifestly for the interest of all concerned, to have the said land sold for division among said heirs and distributees. It is therefore ordered, adjudged and decreed by the Court, that the Clerk of this Court proceed after giving twenty days notice, by printed Hand Bills, of the time and place of the sale; to sell at the Courthouse door in the town of Brownsville, to the highest bidder, the before mentioned and discribed tract of land, for one third cash and the balance on a credit of one and two years, with note and approved security, and retaining a lien on said land until (pg 375) all the purchase may be paid and make his report herein of his actings to the next term of this Court. All other matters and things being held up until the coming in of said report.
PAGE 402; 3rd January 1871: Jury call included: District 14; H. S. MOODY
PAGE 405: 4th January 1871: E. R. MIDYETT Administrator of J. C. SULLIVAN In the matter of E. R. MIDYETT, administrator of J. C. SULLIVAN, deceased, The insolvency of above estate has been heretofore duly suggested, and proven to this Court, and it appearing from the account of the said MIDYETT, as Administrator& C, stated and taken before the Clerk of this Court, on the 24th day of October 1870, as appears on Page 18 of Book of Administrations & Settlements, that the sum of $323. 04 has come into his hands, as such Administrator and there being no objections to said reported account, it is ordered that the same be comfirmed, and that the Clerk make distribution among the Creditors of said amount.
PAGE 406: 4th January 1871: The years support for Mary KAVAUANGH was returned to Court, with H. S. MOODY as one of the Commissioners.
PAGE 406: 4th Jan. 1871: Mary F. KAVAUANGH vs W. W. WHITAKER, Adminr. , of J. P. KAVAUANGH, dec’d Mary, Sallie, Eugine, Robt. Lee, & James KAVAUANGH, minors H. S. MOODY named as one of the Commissioners to set off a third part for her dower.
PAGE 411; 4th Jan. 1871: F. M. MAXWELL Phillip LENNOX Sarah MAXWELL James GRISSOM George, Susan, Joseph HARPER & wife Caroline, Elvira VS Paralee, formerly Paralee GRISSOM and Polly KOONCE Berry, John, Nancy Thomas MAXWELL Mineriva, Eliza & John BELTON & wf, Mary BRUCE Sarah, formerly Sarah LENNOX Thomas KOONCE Be it remembered, that on this the ____day of January 1871, came on this cause to be further heard upon the Report of the Clerk and Commissioners of this Court, which is in the words and figures following: To the Worshipful County Court of Haywood County, Tennessee; I would beg leave to respectfully to report that in obedience to an interlocutory decree made at the Dec. Term 1870, of your Worshipful Court in the above stated cause, I proceeded at the Courthouse door in Brownsville, after giving the notice required by law, by printed hand bills, on the 31st day of December 1870, to sell to the highest bidder, the land in the pleadings mentioned; bounded as follows: Beginning at Joseph MURPHEY northwest corner at a stake and two black oak pointers-Thence south along said MURPHEY’s east boundary line to a stake the northwest corner of a tract of land now in possession of Nathaniel D. LILLY, about 148 poles-Thence east along said LILLY’s north boundary line 352 poles to LILLY’s northeast corner, a black and white oak-Thence north 148 poles to the northeast corner of Grant #270 in the name of Thomas BROWN-Thence west 352 poles to the beginning, it being a pary and lying to the northeast corner of said Grant #270 in the Big Hatchie Connection of land. Containing 125 acres, when W. W. WOMBLE and M. F. RUSSELL, being the highest and best bidder, became the purchaser at and for the sum of $6. 75 per acre, amounting in the aggregate to $843. 75, having paid one third, $281. 28 in cash, they executed their notes two in number for $281. 25 each, payable in one and two years after date, with J. M. MOORE & John L. SHERMAN as their securities, all of which is respectfully submitted. January 4th, 1871 John L. POSTON, Clk.
And there being no exceptions, the same is in all things confirmed. And it appearing from said report that the cash payment for sale of the land mentioned and discribed amounts to the sum of $281. 25. It is therefore (pg 412) ordered and decreed by the Court that the Clerk of this Court proceed to pay after first satisfying all costs in this proceeding—the remainder of said cash payment to those entitled to same, that is to say, one seventh to F. M. MAXWELL; one seventh to Sarah MAXWELL; one seventh to George, Susan, Caroline, Elvira and Polly KOONCE; one seventh to Thomas (should be J. F. ) MAXWELL; one seventh to Sarah BELTON, wife of John and Phillip LENNOX; one seventh to James GRISSOM and Paralee HARPER, wife of Joesph; and one seventh to Berry, John, Nancy, Minerva, Eliza and Mary BRUCE. And it is further ordered that the Clerk & Commissioner proceed to collect at the balance of said purchase money evidenced by two notes as desceibed in said report, as soon as they fall due, and when the last note is collected, the said Clerk shall report the same to this Court. All other matters and things being reserved until the coming of the said report.
PAGE 424; 6th February 1871: Ordered by the Court, that Francis CLARK, W. A. LEWIS and L. H. PERMENTER, be appointed Commissioners, to lay off and set apart to Mrs. Mary J. BLAKEMORE, one years support out of the estate of said W. J. BLAKEMORE, dec’d, in addition to what the law allows her.
PAGE 428; 6th February 1871: The final settlement of D. S. MOODY, admr. , of the estate of J. H. BLACKWELL, dec’d, was this day ratified and comfirmed by the Court and ordered to be recorded.
PAGE 450; Tuesday 7th March 1871: James FARRIS vs Virginia E. FARRIS et al In this cause, it appearing to the Court that publication in the Brownsville Bee newspaper, published in the town of Brownsville, Haywood County, as to the defendant, E. R. MIDYETT, Admr. , of J. C. SULLIVAN, deceased, now resident of the State of Arkansas, had been made for four successive weeks, before the February Term 1871, of this Court, commanding him to appear and plead, answer or demur to the Bill or Petition herein filed. And it further appearing that he has failed so to do. It is therefore ordered that this cause be taken for confessed as to him and set for hearing and proceed with Expartee, as to said E. R. MIDYETT.
PAGE 455; Tuesday 7th March 1871: James FARRIS vs Virginia E. FARRIS James SULLIVAN Samuel SULLIVAN & E. R. MIDYETT, admr. of J. C. SULLIVAN This day came this cause on to be further heard before the Worshipful County Court of Haywood County, Tennessee, upon Bill answer order pro confesso Exhibits C , And it appearing to the Court that on or about the _ day of April 1861, the said J. C. SULLIVAN departed this life intestate, and that the said defendants are his legal heirs, and representatives, and at the time of his death, he was largely insolvant, and that there is not a sufficiency of assets to pay off and cancel said indebtness, and it appearing to the Court, that the said J. C. SULLIVAN died seized and possessed by two certain tracts or parcels of land, situated, lying and being in said County of Haywood, which said lands were sold by decree of the Circuit Court of said County–obtained at the September Term 1866 thereof, with the exceptions of sixty acres of same, which had been laid off and set apart to Sarah SULLIVAN, widow of said J. C. SULLIVAN, dec’d, as her dower in said lands, And it further appearing that distribution of the proceeds arising from the sale of said lands have been made by the Clerk of said Circuit Court, among the creditors of the said J. C. SULLIVAN, dec’d, and that there is a large amount of indebtedness still remaining against said estate, as appears from exhibits herewith filed. And it further appearing that on the _ day of February 1870, the said Sarah SULLIVAN, widow of the said J. C. SULLIVAN, dec’d, departed this life and that the aforesaid sixty acres heretofore assigned to her as dower, is now free and unincumbered, and (pg 456) is subject to the payment of the remaining indebtedness of said Estate. It is therefore ordered, adjudged and decreed by this Court, that the Clerk of this Court proceed to sell to the highest bidder for one half cash, balance in 12 months, in the time, form and manner as required by law;at the Courthouse doors in the town of Brownsville, the above mentioned sixty acres of land and make due his return of his actions in the premises to the next Term of this Court.
PAGE 459; Wednesday 8th March 1871: The final settlement of H. S. MOODY, guardian of Angeline MIDYETT, was this day ratified and confirmed by the Court, and ordered to be recorded.
PAGE 482; Wednesday 5th April 1871: James E. FARRIS vs Virginia E. FARRIS et al The sale of this property took place, E. R. MIDYETT was not named in the two pages covering this land and division.
PAGE 515; Tuesday 6th June 1871: The settlement of H. S. MOODY, as Guardian of E. M. MIDYETT, was this day ratified and confirmed by the Court and ordered to be recorded.
PAGE 515; Tuesday 6th June 1871: The settlement of W. W. WHITAKER, Guardian of F. A. E. MYDETTE (Midyett), Emmeraon E. MYDETTE (Midyett) and Lucy C. MYDETTE (Midyett), was this day ratified and confirmed by the Court, and ordered to be recorded.
PAGE 527; Monday 3rd July 1871: Ordered by the Court that A. ROSE; C. C. MOODY; S. YELVERTON; J. M. SHAW; and W. J. ROSE be appointed Commissioners, to let out the building of a bridge across Jefferys Creek, in the road from Brownsville to Denmark, and report to the next Term of this Court.
PAGE 536; Monday 7th August 1871: Mrs. Mary A. MOODY Admrx. of Wm. A. MOODY, dec’d On motion, Mrs. Mary A. MOODY was this day appointed administratrix of the estate of Wm. A. MOODY, dec’d. Thereupon, Mrs. Mary A. MOODY came into open Court, es duly qualified, entered into and adknowledged her bond in the sum of Ten Thousand Dollars, with L. A. THOMAS and Philip YANCY as her securities.
PAGE 536; Monday 7th August 1871: John C. DAVIS, Wm. B. CLAIBORNE and Philip YANCY were appointed to set apart a years support for Mrs. Mary A. MOODY.
PAGE 539; 7th August 1871: Rachel YELVINGTON weas apprenticed to Jackson TUCKER, this day, John A. M. BATCHELOR was his security.
HAYWOOD COUNTY, TENNESSEE COUNTY CLERK MINUTES ROLL # 41 VOLUME K September 1871–February 1874
PAGE 4; Monday 4th September 1871: Mary A. MOODY Administrix & C It is ordered by the Court that Mrs. MOODY, Administrix of the estate of W. A. MOODY, be allowed until the next Term of this Court, to file an Inventory of said Estate.
PAGE 9; Wednesday 6th September 1871: W. B. CLAIBORNE et al Commissioners to lay off & set apart— to Mrs. Mary MOODY, one years allowance, returned to Court. (the item is very long and hard to read. )
Page 31; Wednesday 4th October 1871: List of insolvant claims reported by Jno. P. BUNES, Tax Collector of Haywood County, TN for the year 1870; white listing: District #4 T. H. MIDYETT $1. 00 District #6 H. T. BATCHELOR $1. 00 District #6 B. B. BATCHELOR $1. 00 District #13 W. T. EVANS $1. 00 District #13 W. PERMENTER $1. 00 District #13 J. C. PERMENTER $1. 00 (although not listed as colored, the 2nd list is, have reseached all these names) Page 35 District # 4 BATCHELOR, James $1. 00 District #4 BATCHELOR, Ruffin $1. 00 District #4 BATCHELOR, James $1. 00 District #4 BATCHELOR, Arthur $1. 00 District #4 BATCHELOR, Susan $1. 00 District #4 MIDYETT, Henry $1. 00 Page 38 District # 2 MOODY, Dan $1. 00 Page 41 District #9 MYDETT, Anderson $1. 00 District #13 MYDITT, George $1. 00 Page 42 District #14 BATCHELLOR, Allen $1. 00 District #14 MOODY, Edward $1. 00 District #14 MIDYETT, Ben $1. 00
PAGE 58; Monday 6th November 1871: Robert A. VANDIKE Admr. debonuis non contesti mento annexo of Solomon HINTON, dec’d On motion, Robt. A. VANDIKE, was this day appointed administrator debonuis non contesti mento annex of Solomon HINTON, in the —- stead of Vicey HINTON, dec’d. Thereupon, the said Robt. A. VANDIKE came into Court, was duly qualified, entered into and acknowledged his bond in the sum of six thousand dollars, with L. H. PERMENTOR and S. H. MIDYETT as his securities, who severally acknowledged said bond in Open Court, which is approved by the Court, and ordered to be recorded, and ordered that letters of administrations issue to said R. A. VANDIKE (on page 56;Vicey HINTON was appointed exectrix of Solomon HINTON. Witnesses were J. W. STEELE and S. S. BOOTH. Her securities were S. S. BOOTH and R. A. VANDIKE. {curious})
PAGE 77; 7th November 1871: A paper writing, purporting to be the will of Vicey HINTON, was produced in Court, subscribing witness, John H. SMITH & S. S. BOOTH. Bond of Six Thousand Dollars, executor, Robt. A. VANDIKE; his securities were Z. P. WARREN & J. W. MOORE.
PAGE 128; Tuesday 2nd January 1872: Call for Grand and petit Jurors included: District #4 James BATCHELOR District #13 Milton PERMENTER District #14 H. S. MOODY
PAGE 173———–1872: S. S. BOYD et al vs petition to change road An application to open up a new road on the line of Mrs. Sarah S. BOYD, James CURRIE and the heirs of Wm. A. MOODY, dec’d, were served notice of the change, and a Jury of View was appointed, that included Capt. J. ARBUCKLE; Jno. C. DAVIS; James SHIRLEY; R. G. MARBERY and R. TROTMAN; to lay out the line of the road.
PAGE 181; Monday 5th February 1872: F. M. BOWLING Guardian of Lemuel BOWLING and others On Motion, F. M. BOWLING was this day appointed Guardian of Lemuel and L. F. BOWLING. Thereupon, F. M. BOWLING came into Court, was duly qualified, entered into and acknowledged his bond in the sum of Twelve Hundred Dollars, with Francis CLARK and J. J. ROLLINS as his securities, who severally acknowledged said bond in Open Court, which is approved by the Court, and ordered to be recorded.
PAGE 182; Monday 5th February 1872: Jno. J. ROBBINS guardian of L. H. ROBBINS On motion, J. J. ROBBINS was this day appointed guardian of L. A. O. ROBBINS. Thereupon J. J. ROBBINS came into Court, was duly qualified, entered into and acknowledged his bond in the sum of One Thousand Dollars, with Francis CLARK and F. M. BOWLING as his securities, thereupon, who severally acknowledged said bond in Open Court, which is approved by the Court, and ordered to be recorded.
PAGE 182; Monday 5th February 1872: Francis CLARK Guardian of Angeline CLARK & others On motion of Jno. CLARK, the father of Angeline, Lemuel, Sarah and George CLARK, Francis CLARK, was this day appointed Guardian of said minors. Thereupon, the said Francis CLARK, was duly qualified, entered into, and acknowledged the bond, in the sum of Fifteen Hundred Dollars, with L. H. PERMENTER and J. J. ROBBINS as his securities, who severally acknowledged said bond in Open Cpurt, which is approved by the Court, and ordered recorded.
( On PAGE 142; 3rd January 1872): Joseph H. BOWLING & others vs Elizabeth BOWLING & others Division of lands of William BOWLING;dec’d Cageville Term 28th Nov. 1871 Perry FARROW was highest bidder on 42 acres, one of the heirs was Charlett PERMENTER, wife of Neal PERMENTER. {if I connect this to my family, will go back for full information. )
PAGE 187; Tuesday 6th February 1872: The settlement of John CLARK, administrator of the Estate of Wm. M. PERMENTER, was this day ratified, and comfirmed by the Court, and ordered to be recorded.
PAGE 194; Thursday 8th February 1872: W. J. CLARK; J. R. STRICKLIN & wife, B. A. STRICKLIN vs John CLARK, Angeline N. CLARK, James S. Clark, Sarah E. CLARK, and George H. CLARK Petition to sell land for division; 47 acres
PAGE 208; Monday 4th March 1872: 47 acres of land sold to Perry FARROW, with Francis CLARK and W. W. WHITAKER as his securities.
PAGE 252; Monday 3rd June 1872: Settlement of W. W. WHITAKER, Guardian of F. A. E. MIDYETT; Emmerson E. MIDYETT and Lucy C. MIDYETT, was this day ratified and confirmed by the Court, and ordered to be recorded.
PAGE 252; Monday 3rd June 1872: The settlement of H. S. MIDYETT, Guardian of E. M. MIDYETT, was this day ratified and confirmed by the Court, and ordered to be recorded. (written as in book, but in other pages the guardian was H. S. MOODY )
PAGE 274; Monday 5th August 1872: Mrs. W. A. MOODY vs L. A. THOMAS, wife et al On motion of the Plaintiff, and it appearing that W. A. MOODY died on the __ day of ____1871, seized in fee of a tract of land, lying and being in the County of Haywood; State of Tennessee, lying just east of the corporate limits of the city of Brownsville, bounded as follows, to wit: On the north by the lands of James CURRIE and Jno. CHILTON, on the east by the lands of Jno. CHILTON and the heirs of KIRBY Fairground and Denmark Road, on the west by the lands of Frank LEA, Neill CURRIE, Jno. DAVIS and Mrs. BOYD. Also of a town lot, lying and being in the County of Haywood, State of Tennessee, and in the Corporate limits of the city of Brownsville, bounded as follows, to wit: On the north by a lot owned by JOHNSON &____ISTON, on the east by East Margarial Street, on the south by lot owned by J. E. TYUS, and on the west by Jackson Street. It further appearing that the Plaintiff was his lawful wife, and is entitled to dower in said land, it appearing also that the Plaintiff had given the defendants; L. A. THOMAS &wife, Julia; A. R. BANDY & wife, M. E. ; Thomas A. MOODY; D. E. MOODY; W. A. MOODY and W. H. VAUGHT, only heirs of the said W. A. MOODY, dec’d, more than five days notice of this application, and it further appearing that the Plaintiff is the Administrix of said Estate of W. A. MOODY, dec’d, it is therefore ordered by the Court, that John C. DAVIS; W. B. CLAIRBOUNE: freeholders of said County be appointed Commissioners in_______ with R. S. THOMAS, a freeholder, who is appointed Surveyor, to allot and let off to the Plaintiff, the one third part in value of said land for her dower, and report to next term of this Court.
PAGE 299; Monday 7th October 1872: Mary A. MOODY vs L. A. THOMAS & wife Thomas A. MOODY et al The Commissioners appointed at the last Term of this Court, to assign to the Plaintiff her dower in the Estate of W. A. MOODY, dec’d, return the following report to wit: To the Worshipful County Court of Haywood County, setting at Brownsville, October Term 1872. The undersigned Commissioners appointed at the August Term of said Court, to lay off and set apart to Mrs. Mary A. MOODY, widow of Wm. A. MOODY, dec’d, her dower in the land and Town lot, of which her said husband dec’d (pg 300) died and possessed, being unconnected by affrimity and wholly disinterested. Submit the following report: We have set off sixty four acres of the tract on which dec’d resided at the time of his death, including the family Mansion, and all the out houses, Beginning at the northwest corner of the KIRBY tract, runs thence south 74 poles and 18 links, to the northeast corner of the Fairgrounds, then west with the north line of same, 30 poles, then north by the Menidian 54 poles to a stake in the middle of Jackson Road, then west with said road, 128 3/4 poles to a stake oppsite the west gate post of a large gate, then north by the Meridian line 84 1/2 poles to a stake in James CURRIE’s south line, then east with his said line and John CHILTON’s south line 121 poles to a stake, then south 15 degrees east, 52 poles to a stake in KIRBY’s north boundrey line, then with his said north boundary by the Meridian west 79 poles to the beginning, a plot of which is herein attached. Jno. C. DAVIS W. B. CLAIRBORNE Robt. S. THOMAS COMMISSIONERS & SURVEYER
PAGE 372: 3rd March 1873: Richard HILL et al Creditors of the Estate of J. C. SULLIVAN vs E. R. MIDYETT, Admr. , of said Estate & Thomas H. NEWBERN & Thomas E. NOEL his securities In this cause, it being apparent to the Court from inspection of the records of said Court, that there is manafest error in the interloctory decree or order herein, made at the last term of this Court to wit: that on the 28th day of March 1870, the aforesaid administrator did make an Inventory or account of sales of the personal effects belonging to said estate from which said Inventory, it appeared that the sum of $731. 41 was in his hands, due the creditors of said estate, and subject to the orders of this Court. And it appearing to the Court by reference to page 18 of the Book wherein is filed and presenved the accounts, inventories and settlements of deceased Estate, that the said E. R. MIDYETT, as Administrator of said Estate, did on the 24th day of October 1870 make other and further settlements and statements, it doth appear that the sum of $343. 04 only were in his hands, now due, and subject as above mentioned. It is therefore ordered and decreed that the aforesaid Interlocutory order or decree be altered and amended in this particular item, and that the Clerk of this Court ascertain the amount due each undivided creditor of the said Estate out of the said sum of $323. 04, with interest from said dates and report his action to the next Term of this Court.
Page 393; Tuesday 8th April 1873: Richard HILL et al vs E. R. MIDYETT, Admr. , & et al In this cause, it appearing to the Court that the Clerk is unable to make his report, in complyance with an order herein obtained, At the last Term of this Court, it is therefore ordered that the same be continued to the next Term of this Court, and the Clerk be allowed till that time to make his report as herein, before ordered and decreed.
PAGE 406; May Term 1873: The settlement of Francis CLARK as Guardian of Lemuel, Angeline, Sarah and George CLARK, was this day ratified and confirmed by the Court and ordered to be recorded.
Page 406; Mat Term 1873: The settlement of R. A. VANDIKE, Administrator De beon non of the Estate of Solomon HINTON, and as Executor of Vicey HINTON, was this day ratified and confirmed by the Court, and ordered to be recorded.
PAGE 421; Wednesday 4th June 1873: The settlement of N. L. MIDYETT as Guardian for Louisa J. EDWARDS, Mary C. EDWARDS, Howell H. EDWARDS and David H. EDWARDS was this day ratified and confirmed and ordered to be recorded by the Court.
PAGE 476; October Term 1873: E. M. MIDYETT Admr. , of Lucy MIDYETT, dec’d On motion, E. M. MIDYETT was this day appointed Administrator of the Estate of Lucy C. MIDYETT, dec’d. Thereupon, the said E. M. MIDYETT came into Open Court and was duly qualified, and entered into Bond in the sum of Eight Hundred Dollars, with W. W. WHITAKER and John C. CHILTON as his securities, who severally acknowledged said Bond in Open Court, which bond was approved by the Court, and ordered to be recorded to be recorded, and that Letters of Administration issue.
PAGE 495; 10th October 1873: W. W. WHITAKER Guardian of F. A. E. MIDYETT The settlement of W. W. WHITAKER, Guardian of F. A. E. MIDYETT, made with the Clerk, was this day confirmed by the Court, and ordered to be recorded.
PAGE 495; 10th October 1873: W. W. WHITAKER Guardian of Emerson E. MIDYETT The settlement of W. W. WHITAKER, Guardian of Emmerson E. MIDYETT, made with the Clerk, was this day confirmed by the Court, and ordered to be recorded.
PAGE 495; 10th October 1873: W. W. WHITAKER Guardian of Lucy C. MIDYETT The settlement of W. W. WHITAKER, Guardian of Lucy C. MIDYETT, made with the Clerk, was this day confirmed by the Court, and ordered to be recorded.
PAGE 584; Monday 16th February 1874: The settlement of E. M. MIDYETT, Administrator of Lucy C. MIDYETT, dec’d, made with the Clerk, was this day confirmed by the Court, and ordered to be recorded.
PAGE 584; Monday 16th February 1874: The settlement of W. W. WHITAKER, guardian of F. A. E. MIDYETT, made with the Clerk, was this day confirmed by the Court, and ordered to be recorded.
PAGE 584; Monday 16th February 1874: The settlement of W. W. WHITAKER, guardian of E. E. MIDYETT, made with the Clerk, was this day confirmed by the Court, and ordered to be recorded.
HAYWOOD COUNTY CLERK MINUTES HAYWOOD COUNTY, TENNESSEE VOLUME L March–1874 through August–1876
PAGE 67; July Term 1874: ORDERED by the Court, that J. M. BACHELLOR, Hugh CLARK and J. M. SHAW, be appointed Commissioners, to have the Bridge repaired on Estanaula and Brownsville road, over Jeffrey’s Creek, and report at October Term.
PAGE 94; August Term: The settlement of Francis CLARK, guardian of Angeline, Lemuel, Sarah and George CLARK, made with the Clerk, was this day confirmed, and ordered to be recorded.
PAGE 211; Wednesday Morning 11th November 1874: John A. M. BATCHELOR & J. W. BATCHELOR executors of Ruth BATCHELOR, dec’d A paper writing, purporting to be the Last Will and Testament of Ruth BATCHELOR, dec’d, was this day produced in Open Court-And the execution thereof was duly proven by the oaths of Thomas H. NORVELL and J. H. DICKINSON, subscribing witnesses thereto, and ordered to be recorded. Thereupon, the said John A. M. BATCHELOR and J. W. BATCHELOR, the executors named in said Last Will and Testament-came into Open Court, and duly qualified agreebly to law, and entered into Bond in the sum of Five Hundred Dollars, with H. M. CLARK and A. R. STOKLEY as their securities, who as well as the said John A. M. BATCHELOR and J. W. BATCHELOR, executors, as aforesaid, acknowledged said Bond in Open Court, which bond is approved and ordered to be recorded-Ordered that letters of Administration issue.
PAGE 478; July Term 1875: Settlements made with the Clerk were this day presented to the Court to be confirmed; Settlement of W. W. WHITAKER, as guardian for F. A. E. MIDYETT and of Emerson E. MIDYETT, and it appearing to the Court, that all the legal steps required by law, have been taken, and no person appearing to contest said settlements, the same, and therefore confirmed by the Court and ordered to be recorded.
PAGE 511; September Term 1875: The settlement of N. L. MIDYETT, guardian for Mary EDWARDS, Howell H. EDWARDS, David H. EDWARDS and Louisa J. EDWARDS, this day confirmed and recorded.
PAGE 612; 13th December 1875: R. S. THOMAS Trustee of Wm. A. MOODY, dec’d The settlement of R. S. THOMAS, trustee of Wm. A. MOODY, dec’d, made with the Clerk on 29th November 1875, was this day confirmed, and ordered to be recorded.