County Court Minutes Book A: April, 1838, Session

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

Page (120) cont.
The State of Tennessee S S
At a County Court begun and held for the County of Marshall in the state aforesaid at the house of Abner HOUSTON being the peace appointed by law for holding the Courts in said County of Marshall on the first Monday in April the same being the second day of the month in the year of our Lord one thousand Eight hundred and thirty Eight present John HATCHETT Chariman William WILKS, Berry MOORE, E. HUNTER, James V. EWING A. MILLER, James ADAMS, Thomas WILSON, Robert JOHNSON, Asa HOLLAND, William COWDEN, Peter WILLIAMS, James PATTERSON James REED, John FIELD, Thomas HARDISON and John CHANDLER Gentlemen Justices of the peace Proclimation &C.

And thereupon Martin W. OAKLEY Exhibited in open Court the certificate of the Coroner of the County of Marshall shewing that he was duly and constitutionally Elected by the free voters in said County Clerk of the County Court for Marshall County afforesaid which certificate is in the words and the figures following to wit;
State of Tennessee, Marshall County.
I, Joseph MCCORD Coroner in and for the county of Marshall afforesaid certify that at a Election held at the several district election grounds in my County on the 3rd day of March 1838 according to Law, Martin W. OAKLEY was duly Elected to the office of the Clerk of the County Court for said County, the following being the aggregate State of the polls for that office, to wit;
Martin W. OAKLEY received Fourteen hundred and fifty votes,
John HATCHETT received ninety votes this 15th day of March 1838.
J. McCORD Coroner of Marshall County.

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State of Tennessee, Marshall County S S
Know all men by these presents that we Martin W. OAKLEY John RAMSEY and Ephraim HUNTER all of the County of and State afforesaid are held and firmly bound unto Newton CANNON governor of the State of Tennessee and his success in office in the pennel sum of Five thousand dollars and for the true payment of which we bind oursleves our heirs executors, administrator, Jointly and severly firmly by these presents sealed with our seals and dated this 3nd day of April 1838.
The condition of the above obligation is such that whereas the above bounds Martin W. OAKLEY, has been duly and Constitutionally Elected clerk of the County Court of Marshall County in the State aforesaid as fully appears from the certificate of Joseph McCORD Coroner in and for the County of Marshall afforesaid. Now therefore if the said Martin W. OAKLEY shall safely keep the records of the said Court pay over all the public moneys by him collected according to law that may come into his hands by virtue of his office, and do and perform all the duties of a clerk according to law, then this obligation to be void otherwise in full force and effect day and date above written.
Martin W. OAKLEY (seal)
John RAMSEY (seal)
Ephraim HUNTER (seal)
Acknowledged in open Court before us this 2nd day of April 1838.
John HATCHETT J.P.
William WILKS J.P.
Robert JOHNSON J.P.
on said bond are the following oaths endorsed, to wit:
State of Tennessee, Marshall County, I., Martin W. OAKLEY do solemnly swear that I will support the Constitution of the United States of the State of Tennessee. Subscribed and sworn to this 2nd day of April 1838 before us in open Court.
John HATCHETT J.P.
William WILKS J.P.
Robert JOHNSON J.P.

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State of Tennessee, Marshall County. I, Martin W. OAKLEY do solemnly swear on the holy Evangelist of Almity God that I have not given or excepted a chalenge either writen or verbal to fight a duel nor have I fought one since the passage of an act passed in the year 1817 entitled an act more effectually to prohibit dueling nor have I been the second or bearer of a chalenge for such purpose and that I will not fight a duel or be the bearer of a chalenge with written or verbal for such purpose or act as a second of lots or either of the parties concerned in a duel during my continuance in office- So help me God.
Martin W. OAKLEY
Subscribed and sworn to this 2nd day of April 1838 before us in open Court.
John HATCHETT J.P.
William WILKS J.P.
Robert JOHNSTON J.P.

State of Tennessee, Marshall County. I, Martin W. OAKLEY do swear that by myself or any other person or persons I neither have given nor will I give to any person whatsoever any gift gratuity fee or reward in consideration of my appointment to the office of the Clerk of the county Court of Marshall County nor have I sold or offered to sell my interest in said office. I also do solemnly swear that I do not directly or indirectly hold any other lucrative office in this State of
the County Court of Marshall County without prejudice favour affection or partiality to the best of my skill and ability So help me God.
Martin W. OAKLEY.
Subscribed and sworn to this 2nd day of April 1838 before us in open Court.
John HATCHETT J.P.
Wm. WILKS J.P.
Robert JOHNSON J.P.

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This day William WILLIAMS Jr. appeared in open Court and took the oath to support the Constitution of the United States and of the State of Tennessee. Also the oath prescribed by an Act passed in the year 1817– entitled “An act more effecting to prohibit duelling”, an also an oath faithfully to discharge all the duties imposed by law upon Clerk of the County Court of Marshall County and was thereupon duly appointed Deputy Clerk of the County Court of Marshall County.

This day John ELLIOTT exhibited in open Court the Certificate of his election by the frre voters of Marshall County to the office of Register and said County which Certificate is in the words and figures following to wit–
Marshall County )
State of Tennessee ) I Joseph McCORD Coroner in and for the County of Marshall aforesaid certify that an Election held at the several district election of March 1838 according to law John ELLIOTT was duly elected to the office of Register for said County, the following being the aggregate State of the polls for that office to wit: John ELLIOTT received Fourteen hundred and twenty one votes having no opposition.
This fifth day of March 1838.
Joseph McCORD Coroner of Marshall County.

And thereupon said John ELLIOTT gave bond and took the oaths prescribed
by law to be taken by officers in the State of Tennessee which bond in the words following, to wit:Know all men by these present that we John ELLIOTT, James ELLIOTT, William ARTHUR and B. WILLIAMS all of the State of Tennessee are held and firmly bound unto Newton CANNON Governor of the State of Tennessee and his successors in office in the penal sum of Twelve thousand and five hundred dollars the payment of which well and truly to be made we bind ourselves our heirs executors and administrators jointly and severally firmly by these present- sealed with our seals and dated this 2nd day of April 1838.
The condition of the above obligation is such that whereas the above bound John ELLIOTT has been constitutionally Elected Register in and for the County of Marshall and State aforesaid Now therefore if the said John ELLIOTT shall safely keep all records submitted to his care by virtue of the said office of Register, and shall faithfully discharge all duties

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devolving on him as register agreable to law– then this obligation to be void, otherwise to remain in full force and effect, day and date above written.
Test: M. W. OAKLEY Clk.
John ELLIOTT (seal)
James ELLIOTT (seal)
William ARTHUR (seal)
B. WILLIAMS (seal)

This day James V. EWING produced to the Court the Certificate of his Election to the office of Marshall County- which Certificate is in the words and figures following, to wit:
State of Tennessee, Marshall County.
I, Joseph McCORD Coroner in and for the County of Marshall aforesaid Certify that an Election held at the several district election grounds in my County on the 3rd day March 1838 according to the law, James V. EWING was duly elected to the office of Trustee for said County; the following being the aggregate State of the polls for that office – to wit:
James V. EWING received Eleven hundred and twenty fives votes- and John W. RECORD received Four hundred and thirty three votes. This fifth day of March 1838.

Joseph McCORD Coroner of Marshall County and thereupon said James V. EWING gave bond as the law directs and took the several oaths prescribed by law, viz- the oaths to support the Constitution of the United States & of the State of Tennessee and County of Marshall are held and firmly bound unto John HATCHETT Chairman of the County Court and his successors in office in the penal sum of Twelve thousand five hundred dollars and for the payment of which, we bind ourselves, our heirs, executors and administrators jointly and severally firmly by these present- sealed with our seals and dated this 2nd day of April 1838.
The condition of the above obligation is such that whereas the above bound James V. EWING hath been constitutionally elected Trustee in and for the county of

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Marshall and State aforesaid. Now therefore if the said James V. EWING shall safely keep and payments make of all District and County moneys, which shall be deposited in his hands, agreeable to the order of the County Court of Marshall County and shall discharge all other duties devolving on him by virtue of his office agreeable to law; then this obligation to be void otherwise to remain in full force and effect- day and date above written.
Test: M. W. OAKLEY Clk
James V. EWING (seal)
B. WILLIAMS (seal)
G. W. HAYWOOD (seal)

This day John R. HILL Exhibited in open Court the certificate of his Election by the free votes of Marshall County to the office of the Sherriff of said County which certificate is in the words and figures following, to wit:
State of Tennessee, Marshall County.
I, Joseph McCORD of Marshall County do hereby certify that I opened & held and Election at the different places of holding elections in said County for Sherriff and oather County offices for said County on the third day of March 1838 and after Compareing the polls find that John R. HILL received for Sherriff about 1500 votes and having no opposition is duly elected
Given under my hand and seal March 5th 1838.
Joseph McCORD (seal)
Coroner

And thereupon said John R. HILL have bonds and took the oaths prescribed by law to be taken by officers in the State of Tennessee which bonds is the words and figures following, to wit:
Know all men by these present that we John R. HILL, Sherwood W. BEATY Solomon MEADOWS and James C. RECORD all of this State of Tennessee and county of Marshall are held and firmly bound unto Newton CANNON Govorner of the State of Tennessee or his successors in office in the pennel sum of Twelve thousand five hundred dollars and for the true payment of which we bond ourselves our heirs Executors administrators Jointly and severally firmly by these presents sealed with our seals and dated this 2nd day of April 1838.
The condition of the above obligation is such that where as the above bound John R. HILL is constitution and

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Elected Sherriff of Marshall County and hath this day been duly qualified as such. Now therefore if the said John R. HILL shall well & truly Execute and due return maek of all process and precepts to him directed and pay and satisfy all fees and sums by him received or leveyed by virtue of any process into the proper office by which the same by the tenor thereof ought to be paid or to the person or persons to whom the same shall be sue his her or their Executors
administrators attorneys or agent and in all other well and truly and faithfully Execute the said office of Sherriff during his continuance therein. Then this obligation to be void otherwise to remain in full force and effect day and date above written.
Test: M. W. OAKLEY Clk.
John R. HILL (seal)
James C. RECORD (seal)
S. W. BEATY (seal)
S. MEADOWS (seal)

State of Tennessee, Marshall County.
Know all men by these present that we John R. HILL, S. W. BEATY and Solomon MEADOWS all of the State and County aforesaid are held and firmly bound unto Newton CANNON Govorner of the State of Tennessee for the time being and his successors in offices for the use of the said State in the sum of Two thousand five hundred dollars to the payment of which, well and truly to be made we bind ourselves our heirs Executors and administrators Jointly and severly firmly by these present sealed with our seald and dated the 2nd day of April 1838
The condition of the above obligation are these that whereas the above bound John R. HILL has been duly and constitutionally elected Sherriff and Collector of the public taxes of said County of Marshall for two years from the first Saturday in March 1838. Now if the said John R. HILL shall well and truly collect all state taxes and also all taxes in school lands within said County which by law he ought to collect and well and truly account for and pay over all taxes by him collected which ought to be collected on the first day of December in the year 1838 and 1839 respectively then the above obligation to be void otherwise to remain in full force and virtue.
Test: M. W. OAKLEY Clk.
John R. HILL (seal)
S. W. BEATY (seal)
S. MEADOWS (seal)

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This day Solomon MEADOWS and Sherwood W. BEATY appeared in open Court and took the oath to support the constitution of the United States and of the State of Tennessee, also the oath prescribed by an act passed in the year 1817 entitles an act more effectually to prohibit duelling. And also an oath faithfully to discharge all the duties imposed by law upon Sherriffs of Marshall county, and was thereupon duly appointed deputy Sherriff of Marshall County.

George W. RECORD
vs
Harris BRANTLY Administrator of William BRANTLY Decd.
This day came the plaintiff George W. RECORD who was security of the defendants Administrator &C of William BRANTLEY Deceased and the defendant solemnly called to come into Court as he was bound to do this day according to the tenor of a summons issued against him at the last term of this Court, and then to release the said George W. RECORD plaintiff as aforesaid by giving other sufficient of Counter securities for the due administration of his intestates estate-came not, but made default, nor did he the said Harris BRANTLEY Administrator as aforesaid surrender to the said George W. RECORD the assets and property of his, the said estestates estate. It is therefore ordered by the
Court that the said Harris BRANTLEY Decd surrender of William BRANTLEY Decd surrender unto the said George W. RECORD all and every of the assets property and effects of the said William BRANTLEY Deceased that has heretofore come into his hands or that may hereafter come into his hands yet to be administered on, and that the said George W. RECORD do and perform all the duties of administrator on said Estate and make due returns in thesame manner and times as the said Harrus BRANTLEY was by law bound to do, the said George W. RECORD pay the costs of these proceedings for which execution my issue &C.

On motion it is ordered by the court that Sandy G. COOK be appointed overseer of the road Leading from Shelbyville to Pulaski commenceing at Benjamin BINGAMAN and terminating at William COOKS Mill and that he have the former hands. Issued.

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John LAWS a constable of Marshall County presented his account for arresting and bringing to Jail Joseph SPRADLING and for other purposes for Nine dollars and 91 cents and on motion the vote was taken which is as follows, to wit: ayes, William WILKS, Thomas WILSON, Robert JOHNSON, James V. EWING, John FIELD, James REED, James PATTERSON, John FIELD, James ADAMS, Thomas HARDISON, A. MILLER William COWDEN, Asa HOLLAND & Berry MOORE – 14, Noes none. Is therefore ordered by the Court that the trustee of Marshall county pay to the said LAWS the above sum of nine dollars and 91 cents out of any public moneys in his hands not otherwise appropriated. Issued.

Benjamin WILLIAMS in open Court appeared and was duly qualified as one of the Commissioners of the Poor house establishment of Marshall County.

On motion it is ordered by the Court that Andrew LAIRD Joseph ROSSON and Jason B. SHUFFIELD be appointed Commissioner to lay off and set apart one years provision for Cynthia DUNAGAN widow of Sherwood DUNAGAN Dec and report to the next term of this Court. Issued.

On motion it is ordered by the Court that there be a tax of 2 ½ cents on each one hundred Dollars worth of property in addition to the tax heretofore levied for the benefit of the Poor House establishment on Marshall County a majority of the Magistrates being present.

On motion it is ordered by the court that Samuel W. GENTRY and Henry S. WILSON be attached to the Eleventh District of Marshall County.

On motion it is ordered by the court that Leonard BULLOC be appointed Commissioner in the stead of Sherwood DUNNAGAN Deceased for
the year 1838. Issued.

The Court proceeded to make allowance to the Commissioner for Redistricting the county of Marshall & is considered by the court that they receive Two dollars per day and on motion the vote was taken which is as follows to wit; (ayes) Thomas HARDISON, William COWDEN, Adam MILLER, James ADAMS, Robert JOHNSTON, John FIELD, James V. EWING, Berry MOORE, Peter WILLIAMS, 9 votes. Noes John HATCHETT, James REED, Asa HOLLAND & Thomas WILSON (4 votes)

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The Court proceeded to open and hold an election to Elect a coroner whereupon James V. EWING Asa HOLLAND and Thomas WILSON was duly and constitutionally Elected a coroner untill the first Monday in January next.

On motion it is ordered by the Court that John HATCHETT and Peter WILLIAMS be appointed revenue commissioners to make settlements with the county officers of Marshall County for the year 1838 as the law directs.

On motion it is ordered by the Court that Thomas D. CHEEK be appointed overseer of the road commenceing at the south end of Union Street at the south end of Union Street and terminateing at STEPHENS Mill and that he have the former hands. Issued.

Hugh B. BIGHAM )
vs )
The County of Marshall ) Application for allowance for running out and marking said estate County. The plaintiff this day presented his account for services rendered in runing out and marking said County in order to the establishment of the same, for one hundred and fifty six dollars and the vote being had thereon stood as follows, to wit: Ayes, Robert JOHNSON, Asa HOLLAND, John HATCHETT,
James REED, James ADAMS, Thomas WILSON, John FIELD, Thomas HARDISON,
Berry MOORE, William COWDEN, James V. EWING and Peter WILLIAMS Esqr.
12- Nayes Adams MILLER and John CHANDLER Esqrs- 2 Twelve Justices voting
in the affirmative and being a majority of all the acting Justices of the peace in said County. It is therefore considered by the Court that H. B. BIGHAM be allowed the sum of one hundred and fifty six dollars for the services aforesaid and that the clerk of this Court issue his order for the same to the commissioners for laying off and selling the lots in the Town of Lewisburg &C payable (whenever the public buildings are completed and paid for) out of any money that may bein, or may come into their hands for the sake of lots over and above paying for said public buildings that is not now otherwise appropriated. Issued 29th January 1839.

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On motion it is ordered by the Court that Joseph MCBRIDE Jas. McGAHEY Joseph McGAHEY William B. COOK, Lewis SUMMONS, James REED & Wynn TWITTY be appointed Jurors of review to change a part of the Pulaski and Shelbyville road which runs through Benj. BINGAMAN land if in their Judgement the good of the individual require it and that if the public not injure and report thereon to the next term of this Court. Issued.

On motion it is ordered by the court that William BRIGGS be appointed overseer of the road commenceing at the Giles County line at Lee SMITHS and terminateing at the Fayetville road near John S. PARK and that he have all the hands south of Richland Creek and west of said Fayetteville road. Issued.

On motion it os rdered by the Court that B. B. MERRET Orson GRAY Enoch RUST Haris MAULDIN, S. C. CHERWOOD William CARUTHERS and William CRUNK be appointed Jurors of review to change a part of the Petersburg & Cornersville road which runs through James WILSONS Land if in their Judgement the good of the individual require it and that of the public no injured and make report to the next term of this Court. Issued.

The following is a report of the commissioners appointed at a former term of this Court at a former term of this Court to lay off and set apart one years provision for the widow of John H. MOORE deceased
(to wit)
Report of the commissioners-
We the undersigned holders of Marshall County after being duly sworn have proceeded to set apart Elizabeth J. MOORE widow of John H. MOORE deceased so much of the crop and provisions on hand as will be sufficient in our opinion to support her family one year from the death of her said husband we set apart to her for said purpose the following articles (to ti) six hundred pounds of bacon, fifty pounds of lard, Ten Barrels of corn Three hundred pounds of lower seven pounds of loaf shugar, Twenty five pounds of Coffee, Two pounds of tea, one pound of Pepper one pound of ginger one pound of spice, Ten pounds of rice Twenty five pounds of salt this 24th day of February 1838.
Tolbert ARTHUR (seal)
Joel X GIFFORD (seal)
his mark
Ashley MOORE (seal)
Commissioners

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Which report being received 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 an order made at a former term of this Court appointing David FAUSETT overseer of the road to be Extended to the County line near Doctor ANDERSONS.

On motion it is ordered by the Court that an order made at a former term of this Court appointing David FAUSETT overseer of the road be Extended to the county line near Doctor ANDERSONS.

On motion it is ordered by the court that Joel S. HUGHES be appointed overseer of the road from Burlin to the county line near the mouth if the Lane near John F. CARRS and that he have the following hands (to wit) John STEEL, Williamson SMITH, David BRYANT, A. M. McLAINE, Thomas J. WEST, Hezekiah DAVIS Joseph HARDISON, James B. FULLERTON, Thomas FULLERTON, James C. BREWER, James HARDISON, Anderson HARDISON, William G. PICKENS Lawrence LOLLER, Elancer BRECHEM, Wright WILLIAMS, James DARK Isaac DARK, James H. BURNS, H. N. DEARING, Joel HARDISON, Charles HARDISON, Seth BENNET, Asa HOLLAND, Andrew RHYNE, John FOX, Joshua FOX, Brevard HUGGINS, John F. CARR, Mecajah BENSON, Noah HERALD, James HENLEY, Calaway BREWER, Thomas BORRUM, David STOKES, and Hezekiah BRYANT with their hands. Issued.

The following is a report of the commissioners appointed at a former term of this Court to assign hands to the following overseers (to wit)
Charles NEIL overseer from Caney Spring Creek to the old Murray Line James B. SCOTT overseer from said line to where the Marshall Line crosses said Road John LAIRD overseer of the Murfreesborough road from Marshall County line at David WILSON to Aaron BOYD which report are in words and figures following, to wit:
In pursuance of an order of the County Court of Marshall County appointing us Joseph ROSSON and Joshua BUTLER commissioners to lay off Bounds and assign hands to the folowing overseers to work on the roads Leading from Caney springs Creek near RAINEY’s store to Hurts Cross Roads also the Road from David WILSONS to Aaron BOYDBounds for James B. SCOTT overseer Beginning at John COLES Running at John R. MOOR thence to John COLLINS thence to John PICKENS thence to Joseph CALVIN thence to Jacob UTZMAN thence to the Beginning the said SCOTT to have all the hands in the afore mentioned bounds.

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Bounds for Charles NEIL overseer Beginning at the corner of John ROBINSONS field on said Road running west to John EPLEYS thence to John HARRISES thence to the widow HOGGS thence to Thomas McCALLS thence to said Charles NEILS on said Road the said NEIL to have all the hands in said Bounds- Bounds for John LAIRD overseer of the Murfreesborough Road beginning at the Murray County line near John H. LOGAN running south with sd Line to Josua HARDISONS thence to William WATKINS thence to David QUINNS thence to Robt. DAWSONS thence a north east Course to Thomas BRITIANS thence to Joshua GREESN thence to Mortimore GREENS thence to widow HINSONS thence to said Murfreesborough Road thence west with said road to the Beginning said LARD to have all the hands in said Bounds. Given under hands and seals this 12 of March 1838.
Joshua ROSSON
Joshua BUTLER
Issued. Commissioners
Which report being received and by the Court fully understood was in all things confirmed and made the order of this Court.

Ordered by the Court that the following named persons be appointed the Veniria Facias of Jurors for the Circuit Court for the County of Marshall to be held for said County at the House of Abner HOUSTONS on the first Monday in June next said Jurors all being good and lawful men above the age of twenty one years Citizens of the body of said county
(to wit)
Wm. B. COOK Thomas B. FAVOR Wm. CRUNK
John WEBB Ezekiel E. VARBER Elisha HURT
Mosses WILSON Thomas G. JACKSON A. F. LILARD
Alexander E. McCLURE Elias STILWELL Washington HUNTER
John D. COLWELL Wm. WILLIAMS Senr. Thomas H. HARDIN
Ison ONEAL Harris MAULDIN E. A. PATTON
Henry BISHOP Charles HARDISON Robert N. DRYDEN
Richard WILKS Ninrom JOHNSON Morgan CLATON
Wm. ARTHUR
And it is further ordered by the Court that Jackson LIGGETT and William D. POWELL Constables for

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said Court and Jury and it is ordered that the Sherriff of said County summon said Jurors and Constables to attend said Court accordingly.
Issued.

Robert M. DRYDEN appeared in open Court and was there upon appointed Guardian of Mary Ann DRYDEN minors heirs of Nathaniel DRYDEN deceased who Executed his bond in the sum of Two thousand dollars with Ephran HUNTER and John RAMSEY his security which was accepted by the Court. Sp. 23 April 1839.

Isaac W. WALKER appeared in open Court and thereupon was appointed Guardian of Vilot Matilda DRYDEN minor heir of Nathaniel DRYDEN deceased who Executed his bond in the sum of Two thousand dollars with James V. EWING and Amos L. BILLS his securities which was accepted by the Court. Sp. 23 April 1839

Isabella DRYDEN appeared in open Court and was thereupon appointed Guardian of Margaret Eliza DRYDEN minor heir of Elizabeth DRYDEN, Nathaniel DRYDEN deceased who executed her bond in in the sum of Two thousand dollars with Benjamin C. BRANTLEY and Isaac W. WALKER her securities which was accepted by the Court.

John DYSART appeared in open Court and was thereupon appointed Guardian of Daniel M. LOGAN, John D. LOGAN< Mary Ann LOGAN, Tarlton L. LOGNAM Frances M. LOGAN and Benjamin T. LOGAN minor orphans of Benjamin LOGAN Deceased who executed his bond in the sum of Two thousand dollars with Williams WILLIAMS Sr and John RAMSEY his securities which was accepted by the Court. Issued.

Joshiah F. WILSON appeared in open Court and was thereupon appointed guardian of Lydia A. Erwin C. & Vilet M. WILSON minor orphans of John A. WILSON deceased who Executed his bond in the sum of Eight hundred dollars with Adams MILLER and Aaron BOYD his securities which was accepted by the Court.

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On motion and it appearing to thesatisfaction of the Court what Sherwood DUNNAGAN hath departed this life leaving no last will and Aaron BOYD and James F. WARREN having applied for letters of administration on the said estate of said deceased and the Court being satisfied of their right to obtain them it is ordered by the Court that they Aaron BOYD and James F. WARREN be appointed administrators of the goods and chattles rights and credits of said intestate who gave bond with Adam MILLER and john LAWS their securities in the sum of six thousand dollars which was accepted by the Court, and took the oath prescribed by law.

The last will and testament of Noah HEADLEY was this day presented in open Court by James PATTERSON and George R. PATTERSON Executors thereto, and on motion the Execution of said will was duly proven by the oath of Ezekiel HOGG and Joel S. HUGHS sunscribing witnesses thereto and took the oath prescribed by law.

This day Robert N. WILLIAMS one of the administrators of Robert S. WILSON deceased appeared in open Court and presented an Inventory and account of sales of said estate which was received by the Court and ordered to be recorded.

Elizabeth BILLINGTON Executor of the last will and testament of Samuel McCALL deceased and presented an inventory of the estate which was received by the Court and ordered to be recorded.

Joseph DUNCAN Executor of the last will and testament of William DUNCAN deceased appeared in open Court and presented a statement of the estate of said William DUNCAN deceased which was received and ordered to be recorded.

Martha E. SELPH a minor aged seven years old and David SELPH a minor aged four years old was this day bound by an order of this Court to John R. IRWIN the said Martha untill she arrives at the age of eighteen years and the said Davis untill he arrives to the age of twenty one years.

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On motion it is ordered by the Court that David NOWLIN be appointed overseer of the Lewisburg and McCollum gap road commenceing at Lewisburg and Terminateing at the North Corner of Russel BRYANTS’s fence and that he have the following hands to wit: William S. SMITH, Richard DOUGHERTY, J. M. HOUSTON, Pinkney M. WRIGHT, John O. WRIGHT, Richard B. MOORE and his hands to keep said road in repair. Issued.

An order made at the former term of this Court directing Martha ADAMS William LITTLE Houston PRICE & John LITTLE as a jury of review to turn the Shelbyville road from the end of Elisha FALWELL Lane on the line between said FALWELL and Pleasant A. WILSON a minor heir of James WILLSON deceased to said heirs North east corner then with said heirs North boundary line to the old road was returned with the following endorsed notes thereon “March the 30th 1838, We the com. have agreed with calls of the within order.”
Houston PRICE
William LITTLE
Martin ADAMS
John LITTLE
Which report being received and by the Court understood, was in all this affirmed and made the order of this Court.

On motion it is ordered by the Court that Jason W. OGLIVIE Ephram H. McLAIN, John H. PRICE Martin ADAMS & Joshua WHITE be appointed a Jury of view to change the Murfreesborough road which runs through John BAUCOMB Land if in their Judgement the good of the individual require it and that of the public not injured and make the report to the next term of this Court. Issued.

On motion it is ordered by the Court that Shadwick WEAVER receive from the County treasurer, for taking care and keeping Mary GRAVES a Lunatic for the next ensuing Twelve months fifty Dollars.

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On motion it is ordered by the Court that an order made at a former term of this Court appointing commissioners to assign to Robert DAVIS overseer of the road hands to work said road be revived and report to the next term of this Court.

On motion it is ordered by the Court that Benj. WILLIAMS be appointed treasurer of the poor house of Marshall County and Executed his bond as the law directs.

Court adjourned untill twelve o’clock to-morrow morning.
John HATCHETT Chairman
Thomas WILSON
James V. EWING

Tuesday morning April 3rd 1838.
Court met according to adjournment present John HATCHETT Chairman James V.EWING and Thomas WILSON, Gentlemen Justices of the peace proclamation &C. The minutes of yesterday being read, and there being no further business to transact Court adjourned untill Court in Course.
John HATCHETT Chairman
Thomas WILSON
James V. EWING