transcribed by mailing list members and contributed by Dana Hill (date unknown)

Page (155)
The State of Tennessee
At a county Court begun and held at the house of Abner HOUSTON on the first Monday in July the same being the second day of the month A.D. 1838 present John HATCHETT Chairman, William COWDEN S. C. CHETWOOD Asa HOLLAND Robert JOHNSON Harris MAULDEN James V. EWING Thomas HARDISON Berry MOORE James ADAMS Thomas WILSON Peter WILLIAMS Benjamen C. BRANTLEY Alexander E. McCLURE James ELLIOTT J. B. SHUFFIELD Thomas CUMMINS William WILKS Andrew LAIRD James REED A. F. LETTAN and William I. ANDERSON, Gentlemen Justices of the peace Proclimation &c. The following proceedings were had

On motion it is ordered by the court that the chairman be excused from siting in Court, and thereupon Asa HOLLAND was appoint chairman Protem for this term of this Court.

David McGAHEY
Vs.
Marshall County

Motion for allowance for Books of office David McGAHEY presented his account from WILLIAMS and NOWLIN for two Record Books at $11.00 each $22.00 whereupon the vote was was taken as follows Ayes, Thomas WILSON Peter WILLIAMS Alexander E. MCCLURE, Harris MAULDER Thomas HARDISON, Thomas CUMMINGS WilliamCOWDEN, James REED, James ADAMS, Robert JOHNSON, Berry MOORE Lile A. EWING Benj. C. BRANTLEY Stephen C. CHETWOOD, Wm. WILKS, Jas. ELLIOTT Asa HOLLAND, Benj’n WILLIAMS, Abram F. LILLARD, Andrew LAIRD, 20 Noys None
It is therefore ordered by the court that the clerk issue his order to the county Trustee to pay the same out of any moneys in his hands not otherwise appropriated.

Willson P. DAVIS Tailor
Vs.
Marshall County
Motion for allowance for keeping prisners.
Wilson P. DAVIS Jailor of Marshall county presented his account as follows to wit.
Marshall county to Wilson P. DAVIS July 2, 1939, for keeping Joseph SPRADLING 40 days $15.00
2 Turnkeys 1.00
To keeping Henry M. WALL thirteen days 4.87 ½

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To 4 Turn Keys 2.00
For lock furnished for Jail 1.00
_______
$23.87 ½
It is therefore ordered by the court that the clerk issue his order to the county Trustee to pay the same out of any moneys in his hands not otherwise appropriated
The vote on the above appropriation stood as follows to wit, Ayes – Thomas WILSON, Peter WILSON, Alexander E. McCLURE, Harris MAULDEN Thomas CUMMINGS, Thomas HARDISON, William COWDEN, James REED, James ADAMS, Robert JOHNSON, Berry MOORE Lile A. EWING. Benjamin C. BRANTLEY Wm. WILKS, James ELLIOTT, Asa HOLLAND Benjamin WILLIAMS, Abram F. LILLARD Andrew LAIRD 19 Noyes none Issued.

William H. RECORD & others
Vs.
B. WILLIAMS, Treasurer of the poor House.
Motion to direct payment of claims-
The court is moved to order Benjamin WILLIAMS Treasurer of the poor House to pay the following claims to wit.
To William H. RECORD, the amount of a note given by James OSBURN and Thomas ROSS, commissionersto purchase a farm for a poor house for $137.80 & interest $3.44. To James V. EWING a note given by the same commissioners for $175.53 & interest. Joseph CLOUDS account for $3.37 ½, James DUNCANS account for $8.80 Samuel ARMONS account for $51.31 – The vote being taken stood as follows to wit, Ayes Thomas WILSON, Peter WILLIAM Alexander E. McCLURE, James V. EWING Harris MAULDEN, Thomas HARDISON Thomas CUMMINGS, William COWDAN James REED, James ADAMS, Robert JOHNSON, Berry MOORE, Lile A. EWING, Benjamin C. BRANTLEY, Stephen C. CHETWOOD William WILKS, James ELLIOTT, Asa HOLLAND, Abram F. LILLARD, Andrew LAIRD & John HATCHETT 21 – Noys note. It is therefore directed by the court that Benjamin WILLIAMS Treasurer pay the claims aforesaid out of any moneys in his hands not otherwise appropriated

James C. RECORD & others
vs.
Marshall County

Motion for an allowance to commissioners for redistricting Marshall County.
James C. RECORD presented his account for 7 days services $14.00 and for paper furnished 25 cents $14.25 and James McCONNEL and Cary T. KELLY presented their accounts for 7 days service each at $14.00 each

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and the vote being taken thereon stood as follows to wit Ayes Thomas WILSON, Peter WILLIAMS, Alexander E. McCLURE Harris MAULDEN, Thomas HARDISON, Thomas CUMMINGS, William COWDEN, James REED, James ADAMS Berry MOORE, Lile A. EWING, Benj’n C. BRANTLY, Stephen C. CHETWOOD, William WILKS, James ELLIOTT, Asa HOLLAND, Benj’n – WILLIAMS, Abram F. LILLARD, Andrew LAIRD, and William T. ANDERSON 20 Noyes None Issued

RECORD & McCOWN it is therefore ordered by the court that the clerk issue his order to the county Trustee – to pay this same out any moneys in his hands not otherwise appropriated – Issued to KELLEY – Bridge on Duck River

On information that the supreme court at Nashville have decided that the proceedings heretofore had in this court about said bridge is correct, the court proceeded to appoint Aaron BOYD, Andrew McLEAN & Joseph ROSSON commissioners to superintend the building of said bridge as follows, to wit, the pillows and butments to be of Stone, the bridge to have a double track and to be covered if it can all be done for five thousand dollars, and if it cannot be done for five thousand dollars to have it built with out a cover and so constructed that it can be covered at some future time and the vote being taken thereon stood as
follows to wit,
Ayes, Thomas WILSON, peter WILLIAMS, Alexander E. McCLURE, James V. EWING, Harris MAULDEN, Thomas HARDISON, Thomas CUMMINGS, William COWDEN, James REED, James ADAMS, Robert JOHNSON. Berry MOORE, Lile A. EWING, Benjamin C. BRANTLEY, Stephen C. CHETWOOD William WILKS, James ELLIOTT, Asa HOLLAND, Benjamin WILLIAMS Abram F. LILLARD, William T. ANDERSON, John HATCHETT & Andrew LAIRD 23 Noys None and twenty three being a majority of all the acting magistrates in Marshall County. It is therefore ordered by the court that the clerk issue and deliver to the Sheriff a copy of court that the clerk issue and deliver to the Sheriff a copy of these proceedings, and that the sheriff notify and commissioners and leave said copy with one of them and that they proceed to have said bridge built accordingly. Issued.

John HATCHETT & Peter WILIAMS
Vs.
Marshall County

Motion for allowance for setling with county trustee the commissioners presented their claims for setling with the county Trustee for the year 1939 – for $2.50 each and the vote being taken thereon stood as follows to wit, Ayes Thomas WILSON, Alexander E. McCLURE Harris MAULDEN, Thomas HARDISON, Thomas CUMMINGS, James REED, James ADAMS, Rovert JOHNSON, Berry MOORE, Lile A. EWING, Benjamin C. BRANTLEY, Asa HOLLAND, Benjamin WILLIAMS, Abraham F. LILLARD, Andrew LAIRD, & Wm. J. ANDERSON, 16 Noyes None, It is therefore ordered by the court the clerk issue his order to the county trustee to pay the same out of any moneys in his hands not otherwise appropriated.

Samuel ELLIOTT presented a petition and moved the court to make the following alteration, and put the following portion of district no. 2 to district no. one (to wit) beginning on the ridge which divides the waters of Richland creek and Prestons fork at the point runing East from Samuel GLENN’s and North from Brandon COWDEN’s thence with the meanders to the Elk ridge, then it meanders to McCollum’s Gap, and the vote being taken thereon stood as follows Ayes Thomas WILSON, Peter WILLIAMS, Alexander E. McCLURE James V. EWING, Harris MAULDEN Thomas CUMMINGS, Wm. COWDEN, James REED, James ADAMS, Robert JOHNSON Berry MOORE, Lile A. EWING, Benjamin WILLIAMS, William I. ANDERSON & Stephen C. CHETWOOD 17 Noyes None Seventeen being a majority of all the acting magistrates in Marshall County – It is therefore ordered by the court that the alteration be made accordingly.

On motion it is ordered by the court that James FINDLEY William FINDLEY and James SANDERS be appointed Commissioners to lay off one years provision for the widow of James HEMPHILL deceased and report thereon tothe next term of this court. Issued.

M. W. OAKLEY
Vs.
Marshall County

Motion for allowance for Books of office and making out tax list for 1836. Clerk of the County Court.

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M. W. OAKLEY presented his account for Twenty nine dollars 12 ½ cents for & making out the tax list for said county and three record Books, whereupon the vote was taken as follows, to wit, Ayes, Thomas WILSON, Thomas HARDISON, Harris MAULDEN, Peter WILLIAMS, James ELLIOTT, William COWDEN, James ADAMS, Robert JOHNSON, Berry MOORE Stephen C. CHETWOOD, Benjamin C. BRANTLEY, Lile A. EWING, Alexander E. McCLURE and Benjamin WILLIAMS 15 Noes, none, It is therefore ordered by the court that the Clerk Issue an order to the County trustee to pay the same out of any moneys in his hand not otherwise appropriated.

The Jury appointed at a former term of this court to lay off and mark out a road from James L. EWINGS to James WILLIAMS Mill on duck river made their report which report being seen and fully understood by the Court was rejected for incompetency.

John CRAWFORD
Vs.
Marshall County

John CRAWFORD presented his account for Garding R. W. HILL as a prisoner for Twelve dollars, whereupon the vote was taken as follows, to wit, Ayes, Thomas WILSON, Peter WILLIAMS Harris MAULDEN, Thomas, HARDISON, Thomas CUMMINS, William COWDEN, James ADAMS, Alexander, E. McCLURE, Robert JOHNSON, Berry MOORE, Andrew LAIRD, Lile A. EWING, Benajmin C. BRANTLEY, Stephen C. CHETWOOD, William WILKS, and James ELLIOTT 15 Noes none. It is therefore ordered by the Court that the Clerk Issue an order to the County trustee to pay the same out of any moneys in his hands not otherwise appropriated. Issued.

The Court this day received the Jail in the town of Lewisburg from the hands of the Commissioners.

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Peter WILLIAMS )
vs. ) Motion for appropriation for keeping
Marshall County ) RICHEE a Lunatic.

Peter WILLIAMS Esqr presented his account for one hundred and ninety eight dollars for keeping William RICHEE a Lunatic, Whereupon the vote was taken as follows to wit, Ayes Thomas WILSON, Thomas HARDISON, Thomas CUMMINS, William COWDEN James ADAMS, Robert JOHNSON, Berry MOORE, Andrew LAIRD, Lile A. EWING, Benajmin C. BRANTLEY, Stephen C. CHETWOOD, William WILKS James ELLIOTT, Harris MAULDEN, Alexander E. McCLURE, Asa HOLLAND, Benjamin WILLIAMS 17, Noes none a majority of all the magistrates in Marshall County voting in the affirmative. It is therefore ordered by the Court that the trustee of Marshall County pay the same out of nay moneys in his hands not otherwise appropriated. Whenever he the said WILLIAMS produces to said trustee satisfactory evidence that he has keep said RICHEE Twelve months. Issued.

On motion it is ordered by the Court that the hands in the following bounds fork on the old Shelbyville road from the Maury County line to RAINEYS store commenceing at the mouth of Caney spring Creek to said road thence to an taking in the hands of A. VENEBLE, thence to and leading out J. W. A. CATHEY thence west to and in J. N. MOSELY to the Maury County Line, thence west with said line to Duck river, thence up said river to the mouth of said Creek the beginning. Issued.

On motion it is ordered by the Court that Samuel W. EWING George W. OGLIVIE, Thomas HOPPER. Livingston ANDERSON, Thomas NEELEY, Charles HOPPER, Thomas A. JONES all free holders of said County be appointed a Jury of view to lay off and mark out a second Class road from Samuel W. EWINGS to John CHANDLERS Mill on Duck river. Beginning at or near the north end of said EWING lane thence to intersect the old fishing ford road as soon as practible thence north with said old road

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To or near the south part of Joseph ROBINSONS plantation thence an east direction along the line between said ROBINSON to Livinston ANDERSONS
to said ANDERSONS thence the best and nearest dorection to intersect a new road on the north side of the upper fishing ford road not far from the south east corner of Gideon PARNELS plantation takeing into consideration the good of the public and that of individuals and report thereon to the next October term of this Court – Issued.

State of Tennessee
Vs.
Felix G. GIBSON and others.

Venire for October term 1838 It is ordered by the court that the following named persons be appointed to attend and serve as jurors at the next term of the circuit Court to be held for Marshall County at the house of Abner HOUSTON near the Town of Lewisburg, or wherever said court may be held on the first Monday in October next Viz.
In Civil district No. 1 Felix G. GIBSON 1 & Elijah T. GLENN 2
In Dist. 2 Robert NIX & 3 Hardy BROWN 4
In Dist. No. 3 Robert JOHNSTON & 5 James G. LUNA 6
In dist. No. 4 Asa HOLLAND 7
In dist. No. 5 James REED & 8 James ADAMS 9
In dist. No. 6 Benjamin C. BRANTLEY & 10 James LIGGETT 11
In dist. No. 7 Charles HOPPER 12
In dist. No. 8 James M. RIGS & 13 John SHUFFIELD 14
In dist. No. 9 Thomas GILLESPIE & 15 Archibald BIDWELL 16
In dist. No. 10 Andrew VENABLE 17
In dist. No. 11 Thomas N. BARHAM 18
In dist No. 12 James BAXTER 19
In dist No. 13 William WILKS & 20 Joseph W. CALVERT 21
In dist No. 14 Squire LARUE & 22 William CANDLE 23
In dist No. 15 Harvey B. WADE & 24 Thomas McKNIGHT 25

All good and lawful men above the age of twenty one years And it is ordered by the court that Sandy G. COOK and Matthew N. POWELL Constables for the third and fourteenth districts be appointed to attend said court in the capacity of Constables – And it is further ordered by the court that the Sheriff of Marshall County summon said Jurors & Constables to attend at the house of Abner HOUSTON, near the town of Lewisburg or wherever the Courts for said County may then be held, on the first Monday in October next, then and there to serve in the capacity of Jurors and Constables during the term of said court.

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On motion it is ordered by the court that George W. McBRIDE Hardy BROWN, Silas McCLELLAND John McKNIGHT Sr. Joseph T. BROWN William WHITE and William ROSSON all free holders be appointed a Jury of View to lay off and mark out a road from Petersburg to William CARUTHERS taking into consideration the public good and that of individuals and report thereon to the next October term of this court – Issued.

It having been represented to the satisfaction of this Court that Edward WHITWORTH has departed this life leaving no will and Benjamin F. WHITWORTH and Elisha W. HENDRICKS having applied for letters of Administration of all and singular the goods and chattles rights and credits of him the said deceased and the Court having satisfied of their right to obtain them and they having Executed their bond in the sum of thirty thousand dollars with securities accepted by the court the same is granted, they taking the oath prescribed by law.

On motion it is ordered by the court that Jason B. SHUFIELD, William B. HUGHS and Matterson R. HUGHS, be appointed Commissioners to lay of one years provision for Mary WHITWORTH the Widow of Edward WHITWORTH decd, and report thereon to the next term of this court. Issued.

The last will and testament of Martha WEAVER deceased was this day presented in open court by John WEAVER Executor thereto – An on motion the execution of said will was duly proven by the oath of John R. WEAVER subscribing witness also – And on motion it is ordered that letters testamentary Issue to the said John WEAVER who accordingly executed his bond in the sum of Twenty five hundred dollars with James V. EWING and Benjamin WILLIAMS securities thereto and took the oath prescribed by law.

John WEAVER appeared in open Court and presented an inventory of the estate of Martha WEAVER decd which was accepted by the Court and ordered to entered of record.

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James HEMPHILL appeared in Court and presented an inventory of the estate of James HEMPHILL deceased which was accepted by the Court and ordered to be recorded.

On motion itis ordered by the Court that David FOSSETT overseer of the Columbia road have the following hands, to wit, William D. BALDRIDGE, James BREST, William PEEL, David and Nathaniel HARRIS hands, William TURNER, David ROGERS, and Sons, Joseph GLENN, George RONE, David HILL, Thomas COGGIN, William I. ANDERSON and Charles WILLIAMS to work on the road which he is overseer. Issued.

On motion it is ordered by the Court that John CUNNINGHAM John DIVIN, John FISHER, John MILLER Sr. Robert C. DYSART and James PATTERSON Esqr be appointed a Jury of View to lay off and mark a 2nd Class road from James WILLIAMS Mill on Duck river to Lewisburg to intersect the Lewisburg road at James EWINGS Es takeing Consideration the good of the public and with as little prejudice to individuals as practible and report thereon to the next October term of this Court. Issued.

The Jury appointed at a former term of this Court to change the Fateville and Petersburg road reports as follows, to wit;
We the undersigned Jury after being duly qualified agree that the road be changed agreeable to the order Keeping the Nashville road down to the line of BRIANTS and CHETWOODS untill it intersects the Nashville & Petersburg road –
Joseph MORRIS James B. TALLEY Mathias NICHOL
Wm. CRUNK George WOODWARD.
which report being seen and by the court fully understood was in all things Confirmed and made the order of this Court.
The Jury appointed at a former term of this court to lay off and mark out a road from Gideonsville to the county line reports as follows, to wit, State of Tennessee Marshall County June 18, 1838

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We the undersigned after being duly sworn have examined a rout for a road according to an order of the County Court of said County May term 1838, and we hereby certify that we believe the public and private interest would be promoted by commenceing at a school house near duck creek runing north to William M. HUGHES line thence east with said line to JONES line thence east with said to the County line between Presley JONES and William COLLIER –
Given under our hands and seals the day and date above written.
Allen N. McCORD J. B. SHUFFIELD Wm. R. HUGHS Wm. M. HUGHES
Bradley K. CAMBILL H. B. TERRY John LITTLE

Which report being seen and by the court fully understood was in all things Confirmed and made the order of this court.

On motion it is ordered by the court that Presley JONES be appointed overseer of the road Commen at Gideonsville and terminateing at the county line east of said JONES and that he have all the hands living in the following bounds, to wit, Beginning at Benjamin WHITWORTHS running to Wm. R. HUGHES thence to the County line to Kendle DAISEY, thence to Wm. MONTGOMERYS thence to Ralph STEGALLS and so on to the beginning Issued.

State of Tennessee Bedford County April County Court 1838
On motion of Joseph ROSSON and it appearing to the satisfaction of the Court that the said Joseph ROSSON had at a former term of this Court being appointed Guardian to John CIVIT a minor heir of James CIVIT deceased and it further appearing to the court that the said Guardian has since been included in the limits of Marshall County and it also appearing from the certificate of the clerk of the county court of Marshall County that the said Joseph ROSSON has been duly appointed Guardian to the said minor heir by the county court of Marshall County.

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It is therefore considered by the court that the said Joseph ROSSON Guardian as aforesaid be allowed to make his returns to the County court of Marshall County of the Estate of said minor of all matter and things apertaining to this said Guardianship.

(seal) I William B. ORR Clerk of the county Court of Bedford County in the State aforesaid hereby certify that the foregoing is a true transcript of an order of the County court of said county made at the above term at the instance of Joseph ROSSON Guardian of John CIVIT minor heir of James CIVIT decd. From the records of my office –
Witness my hand and seal of the court at office this 9th day of April A.D. 1838.

William D. ORR clerk Martin W. OAKLEY Clerk of this Court Exhibited an account of a settlement with Joseph ROSSON Guardian of John CIVIT Minor heir of James CIVIT deceased which was accepted by the court and ordered to be of record.

Marshall County
Vs. Bastardy
Thomas H. SHORT

This day appeared in open court Thomas H. SHORT and executed his bond with Solomon MEADOWS his security in the sum of three hundred Dollars payable to the Chairman of the County Court of Marshall County Conditioned for the indemnifying the County of Marshall for the maintenance of a certain bastard child of which he is charged of being the Father of by one Charlotte BEARDEN as appears from the warrant of the Justice of the peace on file in office. And it is further ordered that the defendand pay all cost in behalf of this suit expended and that execution my issue.

On Petition of Alexander BIGGERS it is ordered by the Court that the following named persons be appointed a Juror of review to change a part of the road leading from Lewisburg REEDS Gap to Fayetville commenceing at a point between Benj. BINGAMANS and David McGAHEY

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running with a lane now open between their plantations by James WHITSETTS to a point in the present road near the north east corner of said BIGGERS plantation. Winn TWITTY William COOK William B. COOK John McKNIGHT Silas McCLELLAN Richard McCREE Lewis SIMMONS And Prior P. DAVIS if in their opinion the good of individuals require it and that of the publick not injured- Issued.

By Petition of William SHAW and others on motion it is ordered by the court that the following portion of District No. 3 in said County be stricken off from said District and attached to District No. 1 in said county, Beginning where the dividing ridge between Swan Creek and Bradshaws creek leaves the main richland dividing ridge near James McALISTERS Runing thence southward pasing Thoma DOWNINGS to the county line then westward with the same to the present west boundry line to our District No. A majority of the Magistrates in Marshall County being present and voting in the affirmative.

And thereupon Court adjourned untill ten oclock tomorrow morning to meet at the county room ow WILLIAMS and NOWLIN Asa HOLLAND Chr. protem James V. EWING (J.P.) A. E. McCLURE (J.P.)

Tuesday morning July 3rd 1838 Court met according to adjorunment present Asa HOLLAND Chairman Protem, A. E. McCLURE and James V. EWING Gentelmen Justices of the peace Proclimation &c.

Whereupon the minutes of yesterday being red and assigned and there no other business before the court, Court adjourned untill court in Course to meet at the house of Abner HOUSTON.
Asa HOLLAND Chr. Protem James V. EWING J.P. A. E. McCLURE (seal) J. P.