County Court Minutes Book A: April, 1840, Session

County Court Minutes Book A: April, 1840, Session

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

Page (354)
The State of Tennessee Marshall County.
At a County Court begun and held at the County Court house in the Town of Lewisburg the place appointed by law for holding the several Courts in said County on the first Monday in April the same being the 6th day of the month A.D.1840 present Benjamin WILLIAMS, John HATCHETT, James ADAMS, James V. EWING, Burgess HARDEN, Thomas WILSON, William B. COOK, B. C. BRANTLEY, John T. HARRIS, Robert JOHNSON, Williams WILKS, Ephraim HUNTER, Andrew LAIRD, A. F. LILLARD, Joseph H. BRITTIAN, Thoma s HARDISON, John FIELD, William CLIFT, George W. McBRIDE, Harris MAULDEN, Gentlemen Justoces of the peace proclamation & C.

The following proceedings were had.

On motion it is ordered by the Court that Benjamin WILLIAMS and Joseph H. BRITTIAN be appointed Revenue commissioners to settle with the County officers for the year 1840

Frances TANKESLY came into Court & Proves to the satisfaction of the Court by the oath of Joseph McCORD and John TANKESLEY Jr. that she is the widow of the late John TANKESLY decd of Marshall County who was a pentioner of the United States.

On motion it is ordered by the Court the the Sheriff of Marshall County Bring the children of Cyntha MAYS before the Justices if our next county Court then and there to be delt with as the Law directs. Issued.

On motion it is ordered by the Court that the Sherriff of Marshall County summon a Jury of inquest to inquire into the mind & Lunacy of Sally STEPHENS and report thereon to the next term of this Court.

Asa HOLLAND appeared in Court and presented a commission signed by the Govenor of the State of Tennessee commissioning him as a justice of the peace, And thereupon took the several oaths prescribed by law.

On motion it is ordered that Burgess HARDEN John HATCHET and John FIELD be appointed a committee to settle with the commissioners of the Town of Lewisburg & trusting.

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On motion it is ordered by the Court that John W. COOK be and he is hereby authorized to Hawk and peddle in Marshall County and retail goods wares and merchandise in his own name and for his won special benefit and for no other purpose a majority of Kustices of the peace being present and voteing the affirmative, to wit, CLIFT, COOK, JOHNSTON, MAULDIN, CHITWOOD, ADAMS, HUNTER, BRANTLEY, HARRIS, BRITTAIN, LAIRD, LILLARD, FIELD, HARDISON, ANDERSON, James V. EWING, WILKS, WILSON. B. WILILAMS & HARDIN 20. Noes none. Issued.

On motion it is ordered by the Court that the County Tax be levied as follows to wit, 5 cents on each $100 dollars worth of property and 12 ½ cents on each white poll and 1 1/2cts on each $100 worth of property for the poorhouse establishment.

Clerk of the Circuit Court et al) Appropriations & C
vs )
Marshall County )
David MaGAHEY clerk of the Circuit Court of Marshall County presented in court the following Bills of costs in State Causes wherein the circuit Court entered Judgement the County of Marshall which Bills are as follows, to wit,

State of Tennessee)
vs ) Nol proad.
George W. REYNOLDS & David H. HAYNES Attorney general Clerk, Sherriff & fitness fees $6.25

(356)
State of Tennessee )
vs ) Nol Proad
Harden DAVIS )
Attorney General clerk Sherriff & witnes fees $4.87 ½

State of Tennessee)
vs ) No. Proad.
James M. WRIGHT )
Attorney General clerk Sherroff & witnesses fees $12.50

State of Tennessee )
vs ) Nol proad.
Calvin J. HAISLIP )
Attorney General clerk Sherriff & witnesses fees $6.75

State of Tennessee)
vs ) Judgement vs County for cost.
William HESTER )
Attorney General clerks Sheriff & witnesses $27.46 ½

State of Tennessee)
vs ) Nol pros.
James RUTLEDGE )
Attorney General clerk Sherriff & witnesses $5.50

State of Tennessee)
vs ) Nol pros.
William HESTER )
Attorney General clerk Sherriff ‘ witnesses $17.58

State of Tennessee)
vs ) No. pros.
Robert A DAWSON )
Attorney General clerk Sherriff & witnesses $5.00

(357)
State of Tennessee)
vs ) Nol proad.
William LONG )
Attorney General clerk Sherriff & witnesses fees $5.50

Amounting in all to the sum of one hundred and Eight dollars and 79 ½ cents and it further appearing to the satisfaction of the Court from the certificate of the attorney General of the eight solisitorial districts of the State of Tennessee that the County of Marshall should pay said bills as soon as the County Court of the County of Marshall should make an appropriation therefore it is therefore ordered by the Court that the Trustee of Marshall County pay the amount of said Bills of one hundred and Eight dollars and 29 cents and the cost of this order out of any moneys in his hands not otherwise appropriated a majority of the Justices of the peace3 being present and voteing in the affirmative, to wit, CLIFT COOK MAULDEN, CHITWOOD, ADAMS, HUNTER, BRANTLEY, LA. EWING, HARRIS, BRITTIAN HARDISON, FIELD, ANDERSON, WILSON, B. WILLIAMS, and HOLLAND, 16. Noes none. Issued.

David McGAHEY) Appropriation for Books $28
vs )
Marshall County )
On motion it is ordered by the Court that the trustee of Marshall County pay to David McGAHEY the sum of Twenty eight dollars together with the cost of this order for Books purchased by him for his office out of any moneys in his hands not otherwise appropriated, the following Justices of the peace being present and voting in the affirmative, to wit, CLIFT COOK, MAULDIN, CHETWOOD, ADAMS, HUNTER, BRANTLEY, HARDISON, FIELD, ANDERSON, WILSON, BWILLIAMS and HOLLAND 16. Noes none Issued.

Quoram Court ) Appropriation per day $1.50
vs )
Marshall County)
On motion it is ordered by the Court that the Trustee pay to the quo-

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ram Court the sum of one dollar and fifty cents per day for their services as a Court of quoram for the year 1839- the following Justices of the peace being present and voting in the affirmative, to wit, CLIFT, MAULDEN, CHITWOOD, BRANTLEY, HUNTER L.A.EWING, HARRIS, HARDIN, FIELD, ANDERSON, WILSON, B. WILLIAMS, 12. Noes none.
Issued to HOLLAND this 13th June 1840. Issued to JOHNSTON July 6th 1840. Issued to WILSON 4 days. Issued to James V. EWING July 7th 1840.

Revenue Commissioners) Appropriation $9 each
vs )
Marshall County )
On motion it is ordered by the Court that the Trustee of Marshall County pay unto the revenue commissioners the sum of Nine dollars each for takeing and returning a list of taxable property and polls for the year 1840. A majority of the Justices of the peace being present and voting in the affirmative to wit, CLIFT, COOK, McBRIDE, JOHNSON, MAULDEN, CHETWOOD, HUNTER, BRANTLEY L.A. EWING, HARRIS, HARDISON, ANDERSON, WILKS, WILSON, B. WILLIAMS, & HOLLAND 16, Noes none.
Issued CUMMINGS April 17th 1840 to CLIFT 25th May 1840 BRANTLEY May 29th Asa HOLLAND Issued 13th June 1840, Issued to Wm. J. ANDERSON Nov. 1840- B. HARDIN June 10th 1840. Issued to John T. HARRIS July 6th 1840. Issued to FIELD August 3rd 1840. Issued to Thos. WILSON 17th Aug. 1840 to McBRIDE–Issued to Berry MOORE.

S. WEAVER ) Appropriation for keeping a Lunatic $50
vs )
Marshall County )
On motion it is ordered by the Court that the Trustee of Marshall County pay to Shadrach WEAVER the sum of Fifty dollars for keeping Mary GROVES a Lunatic for the year ending the first day of April 1840 out of any moneys in his hands not otherwise appropaited, a majority of the Justice of the peace being present and voting in the affirmative, to wit, CLIFT COOK, McBRIDE, JOHNSON, MAULDEN, CHITWOOD, HUNTER, BRANTLEY, L.A. EWING, HARRIS, HARDISON, ANDERSON, WILKS, WILSON, B. WILLIAMS and HOLLAND 16. Noes None. Issued.

(359)
Samuel WINSTEAD) Appropriation $1500
vs )
Commissioner of the Town of Lewisburg
On motion it is ordered by the Court that the commissions of the Town of Lewisburg pay to Samuel WINSTEAD the sum of fifteen hundred dollars out any public Moneys in their hands arising from the sale of Lots in the said Twon not other wise appropriayed, the following Justices of the peace being present and voteing in the affirmative, to wit, CLIFT, COOK, JOHNSON, MAULDEN, CHETWOOD, ADAMS, HUNTER, BRANTLEY, HARRIS, BRITTIAN LAIRD, LILLARD, HARDIN, FIELDS, ANDERSON, EWING, WILKS, WILSON, WILLIAMS & HARDISON 20. Noes none. Issued.

The Jury of View appointed at a former term of this Court to lay off and mark out a road commenceing at Josiah DUNCAN saw Mill and terminateing at the Cornersville road near James C. RECORDS- reports as follows, to wit,
The undersigned freeholders having been summoned by the Sherriff of Marshall County and duly sworn as a Jury of View to lay off the road described we the annexed order have proceeded to perform the duty assigned then and do agree upon and make the following report to wit,
The road shall begin at Josiah DUNCANS saw mill and run south across a small branch thence west with the said DUNCNAS and R. M. HILLS line to a small drrean thence on the east side of said drean to the said HILLS Grist Mill thence with the road to the said HILLS House thence along his lain to Greenville SMITHS apple orchard thence leaving the said SMITHS apple orchard and House on the right to the Columbia road thence with the said Columbia road to the corner of J. C. RECORDS and P. W. McCORKLES link to a small branch thence down said branch to a large ded black oak on the right hand side of said branch thence to the road that leads from Lewisburg to Cornersville where the same turns the corner of James HENRYS fences they have thus laid out the said

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road to the greatest advantage to the inhabitants and as little as may be to prejudice of of inclosures to the best of their Knowledge and skill all which they respectfully submit to the consideration of the worshipful Court the 6th of January 1840.
Thomas McKNIGHT (seal)
Spradley TURNER (seal)
Patrick W. McCORKLE (seal)
A. B. ALEXANDER (seal)
Joshiah DUNCAN (seal)
Hiratio M. PHILLIPS (seal)
which report being and by the Court understood was in all things confirmed and made the orderof this Court, ammajority of the Justices of the peace being present and voteing in the affirmative.

On motion it is ordered by the Court that Jas. A. POWELL Benjamin F. HOUSTON, James McCONNELL, John WILSON, Squire LARAEN, Hiram WILSON, Green WILSON to be appointed a Jury of View to asess damages to Greenville SMITH and James C. RECORD inconsequence of a road that has been viewed by a former Jury & Establishment by the Court commenceing at Josiah DUNCANS saw mill and terminateing at the cornersville road near James HENRY’s which said road runs through the Lands of the said SMITH & RECORD or turn said road some other route if in their judgement they think they have sustained any damages in consequence of said road takeing into a consideration the good of the public and that of individuals and report thereon to the next July term of this court.
Issued.

Joseph DAVID administrator of the estate of James DAVIS decd appeared in Court and returned an account of sales of said estate which was ordered to be recorded, also an Inventory of said estate.

John P. HUGHES administrator of William HUGHES decd appeared in Court and returned an account of sales of said estate which was ordered to be recorded.

S. C. CHETWOOD administrator of Sarah CHETWOOD decd appeared in Court and returned an account of sales of said estate which was ordered to be recorded.

(361)
John VINCIENT administrator of John RITCHIE decd appeared in open Court and returned an inventory an account of sales of said estate which was ordered to be recorded,

The commissioners appointed at a former term of this Court to set apart one years provision to the widow of John RITCHIE decd reports as follows to wit,
Pursuant to an order of the Court of Marshall County March term 1840 appointing William COWDEN Ashley MOORE William WILES, William ORR & Robert ORR commissioners to lay off and set apart one years provision for Elizabeth RITCHIE from the death of her husband John RITCHIE Jr.decd this 25th day of March 1840 as follows, to wit, All the corn on hand except Ten Barrels supposed to ne about sixty Barrels, all the bacon on hand supposed to be about Eight hundred pounds, and all the laird and soap on hand all the wheat on hand except Ten bushels
supposed to be about ten bushels left and all the gorwing crop of wheat Two stacks of fodder and one stack of oats, Twenty five pounds of picked cotton, Fifty pounds of coffee sixty pounds of sugar and one bee hive one barrel of salt not to weigh less than three hundred neat, one cow and calf instead of beef which could be allowed by law, 1 pound peper one pound spice 1 pound of ginger.
Robert ORR
William WILES
Ashley MOORE
Wm. COWDEN
Which report being seen and by the Court understood was in all things confirmed and made the order of this Court.

Calvin H. HOLT administrator of John H. MOORE decd appeared in Court and returned an additional account of sales of said Estate which was ordered to be recorded.

It appearing to the Court that Polly Williams RITCHIE is an orphan and minor and now resides in the county of Marshall and who have no guardian Known to the Court and she not being fourteen years of age, And the Court hereby appointed Jeremiah HENDRIX having entered into bond in the sum of Eleven hundred dollars with Charles WILLIAMS and Harry BRAY his security for his sour guardianship and the same is accepted by the Court.

On motion it is ordered by the Court that the following persons be release from Double tax for the year 1840, to wit, Sally BECK, Robert McCORD, Wm. BIGHAM, Hollan COLLINS, James COLLINS, Thos. N. BARHAM, Wright WILLIAMS, David GREEN Jr. L. H. TWITTY, John DOLTOB, William D. HOUSE, Jane WAKEFIELD, W. T. W. WAKEFIELD, Zachariah MAYHU, Lawrence BOND, Isham HOUSE & John F. GLENN.

A Jury of Inquest summoned by the Sherriff of Marshall County to inquire into the mental condition of David CARR, Charles CARR and Susan CARR reports as follows to wit, The undersigned freeholders of Marshall County having been duly summoned and sworn as a Jury in inquire into the mental Condition of Charles CARR, David CARR & Susan CARR, after investigation the matter do find that the said Charles CARR, David CARR & Susan CARR or neither Idiots nor Lunaticks & are Capable of Managing their own affairs with safety to themselves and others: This second April 1840
James BAXTER
Thomason HARDISON
W. J. ANDERSON
H. BRAY
Joseph DAVIS
William A. RECORD
J. LIGGETT
Elias STILWELL
James B. RECORD
Henry S. WILSON
Branson McCASLIN
Which report being seen and by the Court understood was in all things confirmes and made the order of this Court.

(363)
State of Tennessee ) Venera for May term 1840.
vs )
William HAYS & others)
It is ordered by the Court that the following named person be appointed to attend and serve as Jurors at the next May term of the Circuit Court to be held for Marshall County at the Court house in the Town of Lewisburg on the fourth Monday in May next (viz)
In Civil District.
No.1 Williams HAYS, Cary T. KELLY 7 John R. JONES
2 Henry BISHOP “ Gabriel LONG
3 Harris MAULDIN 8 Thomas C. H. MILLER
“ Williams FINDLEY 9 Samuel RADFORD
4 Thomas BRENTS “ John H. HOLT
“ John ORR 10 George H. ALLEN
5 Martin WISNER k1 Thomas HARDISON
“ Josiah BLACKWELL “ James D. EWING
6 Ephraim HUNTER 12 Jonathan SMITH
“ Benjamin C. BRANTLEY “ James PATTERSON
Civil District
No. 13 James HOUSTON
“ John F. BYSART
“ John F. BRYANT
14 John W. RECORD
15 William B. HILL
“ James C. RECORD
All good and lawful men above the age of Twenty one years and is ordered by the court that Moses W. HELMS and John CUMMINGS constables for the 12th and 5th districts attend said Court in the capacity of Constables and it is further ordered by the Court that the Sherriff of Marshall County summon said Jurors and constables at attend at the Courthouse in the Town of Lewisburg on the fourth Monday in May next then and there attend in the capacity of Jurors and constables duren the term of said Court- Issued.

The Jury appointed at a former term of this Court to change a part of the Murfreesborough road that runs thru John LAIRDS Land reports as follows, to wit, We the undersigned Jury of View having been appointed by the Honroable County Court of Marshall to view a part of the road

(364)
Leading from Columbia to Murfreesborough through the land of John LAIRD do report that in our opinion the said road should be changed as follows (viz) to commence at end of Widow WALLACE Lane running south about one hundred yards thence runing west 150yardsso as to intersect the old road near widow LAIRDS which removed we think will be no Inconvenience to the public but great convenience to the propriator Sept. the 21st 1839 the undersigned having been duly sworn.
Joseph H. BRITTIAN
L. BULLOCK
John RAGSDALE
S. RADFORD
Which report being seen and by the Court understood was in all things confirmed and made the order of this Court a majority of the Justices of the peace being present.

On motion it is ordered by the Court that Joel HART be appointed overseer of the road commenceing at the corner of John DEANES fence and terminateing at the Lewisburg road near Thomas ROGERS and that he have the former hands. Issued.

The Jury of view appointed at a former term of this Court to change a part of the road leading from Lewisburg to Murfrysborough reports as follows, to wit, commenceingt near Joseph W. WILSONS north Boundary lien and running to the west end of Martin ADAMS have met agreeable to order & marked out agreeable to the same Marshall County Tennessee
Jury Duly sworn.
Martin ADAMS
Samuel GROVES
E. E. THOMPSON
Joseph WILSON
E. R. McLEAN
Jason W. OGILVIE
Which report being seen and by the court understood was in all things confirmed and made the order of this Court a Majority of the Justices of the Peace being present.

(365)
Sandy G. COOK a constable of Marshall County appeared in Court and presented his resignation as constable as aforesaid which was received by the Court.

The Jury appointed at a former term of this Court to change a part of the road leading from Lewisburg to Cornersville reports as follows, to wit, The undersigned being appointed and sworn to view and dertermine on the propriety of turning that part of the public road Leading from Lewisburg to Cornersville over which William TURNER is overseer do report that in our opinion the said road ought to be changed as follows.
Beginning opposite Colo. Levi COCHRAN dwelling house & thence north to a stake in the said COCHRANS meadow leaving the proper width of the road west of said stake thence to the said COCHRANS lane, thence intersecting the oldroad. All which is respectfully submitted to the consideration of the Court this 21st day of March A.D. 1840.
Thomas McKNIGHT
John B. FOWLER
Wm. DAVIS
N. McKNIGHT
Abraham TALLY
Which report being seen and by the court understood was in all things confirmed and made the order of this Court. A Majority of the Justices of the peace being present.

The Jury of view appointed at a former term of this Court to lay off and mark out a road from Lewisburg to intersect the Columbia road at Henry BRAYS reports as follows, to wit,
The undersogned freeholders having been summoned by the sherriff of Marshall County and duly sworn as Jury of view to lay out the road as described in the within order have proceeded to view said described road and find that they can not without injuring individuals more than the public good would be enhanced all of which is respectfully submitted to the worshipful Court this 1st day of April 1840.
Elisha HURT
Shadrach TILMAN
Jonathan SMITH
George W. RECORD
Jas. V. EWING

(366)
Which report being seem and by the Court understood was in all things confirmed and made the order of this Court, a Majority of the Justices of the peace being present.

The Jury of View appointed at a former term of this Court to mark out a road from the north end of the bridge across Duck river to RAINEYS Store reports as follows to wit, To the worshipful the County Court of Marshall County, We the undersigned being apointed a Jury of view and mark the road from the north end of the bridge on duck river in said County to RAINEYS store (Caney spring report as follows commenceing at the said bridge thence runing to the south west corner of John ALDRIDGES farm thence on the west side of said farm through ALDRIDGES lot to the north side of said encloseure to a point near said ALDRIDGES House thence in anorthward direction as it is marked by —– on the timber to the road Leading from said RAINEYS Store to McLEANS Mills at a point on said road near the south east Corner of George H. ALLENS farm all of which is respectfully submitted.
A. F. LILLARD
G. I. ALLEN
A. C. WILSON
Ephram GREEN
G. H. ALLEN
Saml. McLEAN
Which report being seen and by the Court understood was in all things confirmed and made the order of this Court, a majority of the Justices of the peace being present.

On application of William WILKS administration of Jane WILKS decd and it appearing to the satisfaction of the Court that said WILKS held three vouchers as administrators aforesaid which were not produced and allowed by the clerk upon settlement with said administrator. It is therefore ordered by the Court that said clerk allow said administrator the vouchers aforesaid as a credit provided they are just and in legal form.

(367)
On motion it is ordered by the Court that James SANDERS James B. TALLY, James LOWRY, Henry TALLY, Wm. CARUTHERS and Samuel TALLY be appointed a Jury of view to lay off and mark out a road commenceing and leaving the Nashville road at the lane between Mr. Orson GRAYS Land & Mrs. BATYS along said line till it crosses the Creek thence the line between LAREWOODS and MERRITS untill comes to Mrs. DRIVERS line thence along said line between MERRITTS and Mrs.DRIVERS also the line between said MERRITT and WELCH to the county line if in their opinion the good of the public require it and that of individuals not injured and report to the next July term of this Court. Issued.

It having been represented to tthe satisfaction of the Court that John HURT has died leaving no last will and testament and who was a resident of Marshall County and Ephrain HUNTER appeared in Court and made application for letters of administration of all and singular the goods and chattles rights and credits of him the said HURT decd and the Court being satisfied of his right to obtain them the same is granted he having Executed his bond inthe sum of Two hundred and fifty dollars which was accepted by the Court the same is granted it is there fore ordered by the Court that Letters Issue accordingly he taken the oath prescribed by law.

James EDWARDS who was appointed who appointed Guardian of Mahenry Ann BRIDGES at a former term of this Court appeared in Court and entered into bond in the sum of Eleven hundred dollars with F. H. RICHARDSON his security for his said guardianship in adition to his former bound it is therefore ordered by the court that the said EDWARDS be continued as aforesaid.

(368)
Wilson P. DAVIS) Appropriation Jailer $24.12 ½
vs )
Marshall County)
On motion it is ordered by the Court that the Trustee of Marshall County pay unto Wilson P. DAVIS the sum of twenty four dollars and 12 ½ cents for boarding prisoners in Jail out of any moneys in his hands not otherwise appropriated the following Justices of the Peace being present and voteing in the affirmative, to wit, CLIFT, COOK, JOHNSON, MAULDEN CHITWOOD, ADAMS, HUNTER, BRANTLEY, L. A. EWING, HARRIS, BRITTIAN, HARDISON, FIELD, ANDERSON, WILSON, B. WILLIAMS & HOLLAND 17. Noes none Issued.

James M. BOWDEN ) Appropriation $20
vs )
Treasurer of Poorhouse)
On motion it is ordered by the court that the Treasurer of the poorhouse pay unto James M. BOWDEN the sum of Twenty dollars for his services and commissioner and treasurer of said establishment out of any moneys in his hands not other wise appropriated, the following Justices of the peace being present and voting in the affirmative, to wit, CLIFT, COOK, McBRIDE, CHETWOOD, ADAMS, HUNTER, HARRIS, BRITTIAN, LAIRD LILLARD, HARDISON, Jas. V. EWING, WILKS, WILSON, B. WILLIAMS and HATCHETT, 16, Noes none. Issued.

The Jury of view appointed at a former term of this Court to assess damages to James ADAMS and Andrew DYSART in consequence of a public highway marked out and established through their land reports as follows, to wit, We the Jury having qualified to view the road marked out Leading from John CHRISTES old place to the County line near John PATTERSONS we after a minute Examination find it inexpedient Examinations to move any part of it, neither do we believe that their out to be any damages allowed to any person- April 4th 1840.
Jas. BRECHEM
Henry B. ERWIN
Robert A. PATTERSON
Ebenzer NEWTON
Albert MONTGOMERY
Which report being seen and by the understood was in all things confirmed and made the order of this Court. A majority of the Magistrates present.

(369)
April 1840.
Thos BOAZ appeared in Court and presented his resignation is constable of Marshall County which was accepted by the Court.

On motion it is ordered by the court that Zachens P. REED be appointed overseer to cut out any the road from the north end of the bridge on Duck river to where it intersects the road Leading from McLEANS Mills to Caney spring and that he have the hands in the following bounds, commenceing at WILLIAM Mills runing north with said Mill road to the South end of Mrs. Mary STREEK Lane thencewest so as to include Mrs. Jame PATTERSON, Andrew SMITHS and flower ALDRIDGES thence south to duck river thence up said river to WILLIAMSES Mill the beginning and maek report to the next July Term of this Court. Issued.

On motion it is ordered by the Court that William F. ERWIN be appointed overseer of the road from John CHRISTOPHERS old place to John DYSARTS and that he have the hands in the following bounds, to with, Beginning at John DYSARTS Jr. runing west to John CHILTONS George A. ARMSTRONG thence with the road to Robert WILLIAMS thence with the road beginning and that he report to the next term of this Court, 2nd class- Issued.

On motion it is ordered that the treasurer of the poor house of Marshall County pay for the following articles for the benefit of said establishment, 6 lbs shugar, 5 lbs coffee, Grinding 1 bushel of wheat at $2.23 ½
Three quarts of Brandy .50
2 bu. of wheat .80
14 lbs soap 1.00
5 lbs coffee 8 lbs shugar 1 skillet 37 ½ lbs salt 5.87 ½
1 pare Shoe leather & thread 1.25
Stocking one plow & making 2 coats for the 1.50
poor. A majority if the Justices of the peace ______
being present and voting in the affirmative. $13.05

On motion it is ordered by the Court that the Sherriff of Marshall County take into his custody the children of Noah HERRALD and bring them before the Justices of our next County Court to be held for the County of Marshall then & there to be dealth with as the law directs. Issued.

(370)
On motion it is ordered by the Court that the Josiah BRESHEM be appointed overseer to cut our part of the road leading from John CHRISTOPHERS old place to the Bedford County line near John LARNE’s and that he have the hands in the following bounds Beginning at John DYSARTS fork of Rock Creek to the County line south to the Shelbyville road Thence with the road to Robert WILLIAMS- Tence with the fishing ford road to the beginning and report to the next term of this Court- 2nd Class. Issued.
B. WILLIAMS Chairman
Burgess HARDIN J.P.
Benj. C. BRANTLEY J.P.
James V. EWING J.P.

Tuesday morning April 27th 1840.
Court met according to adjournment present Benjamin HARDEN James V. EWING & B. C. BRANTLEY Gentlemen Justices of the peace proclamation &C. The following proceedings were had.

Martin W. OAKLEY clerk of this Court presented to this Court an account of a settlement made by him with James PATTERSON guardian of Polly Edward & Ellinora CALLIHAN for the year ending the 6th day of February 1840, which report being seen and by the court understood was in all things confirmed and ordered to be recorded.

Martin W. OAKLEY clerk of this Court presented to this Court an account of a settlement made by him with Nancy MARTIN guardian of Isaac D. MARTIN, Julia C. MARTIN, Mary MARTIN and Eliza T. MARTIN for the year ending the 26th day of March 1840 which report being seen and by the Court understood was in all things confirmed and ordered to be recorded.

(371)
Martin W. OAKLEY clerk of this Court presented to this Court an account of a settlement made by him with Charles HARDISON guardian of the minor heirs of William FOX for the year ending the 6th day of April 1840 – which report being seen and by the Court understood was in all things confirmed and ordered to be recorded.

Martin W. OAKLEY clerk of this Court presented to this Court presented to this Court an account of a settlement made by him with Charles HARRIS guardian of Dicy & Betey HARRISS for the year ending the 6th day of April 1840 which report being seen and by the Court understood was in all things confirmed and ordered to be recorded.

Martin W. OAKLEY clerk of this Court presented to this Court an account of a settlement amde by him with James EDWARDS guardian of Mahenry Ann BRIDGES for the year ending the 30th Day of March 1840 which report being seen and by the Court understood was in all things confirmed and ordered to be recorded.

Martin W. OAKLEY clerk of this Court presented to this Court an account of a settlement made by him with Joseph DUNCAN administrator or Wm. DUNCAN decd which report being seen and by the Court understood was in all things confirmed and ordered to be recorded.

Mary K. PARRISH a minor of the age of Eleven years was this day bound to Joseph N. WILSON untill she arrives at the age of 18 years.

Garland PARRISH a minor of the age of Eight years was this day bound as an apprentice to Eaton PARRISH untill he arrives at the age of 21 years.

(372)
State of Tennessee, Marshall County.
I do certify that at an Election held at the several district Election grounds in my County on the 7th day March 1840 according to law John R. HILL was duly elected to the office of Sherriff for said County the following being tge aggregate State of the polls for said HILL) 1256 votes without opposition this 7th day of March 1840.
Joseph McCORD Coroner
and whereupon said John R. HILL gave bonds and took the oaths prescribed by law to be taken by Sherriffs in the State of Tennessee which bonds is the words and figures following, to wit,
Know all men by these presents that we John R. HILL, Thos. ROSS, Solomon MEADOWS & Sherwood N. BEATY all of the State of Tennessee and county of Marshall are held and firmly bound unto James K. POLK governor of the State of Tennessee and his successors in office in the penal sum of Twelve thousand and five hundred Dollars and for the true payment of which we bind our selves Executors and administrators Jointly and severly firmly by these presence sealed with our seals and dated this 7th day of April A.D. 1840.
The condition of the above obligation is such that where as the above bound John R. HILL is constituted and Elected Sherriff of Marshall County and hath this day been duly qualified as such now therefore if the said John R. HILL shall well and truly Execute and true return make of all process and precepts to him directed and pay and satisfy all fees and sums by him received or levyed 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 due his her or their Executors administrators Attorneys or agents and in all other well truly and faithfully Execute the said office of Sherfiff during his continuance in office Then this obligation to be void otherwise to remain in full force and Effect day and date above written.
Acknowledged in open Court April 7th 1840.
M. W. OAKLEY Clk.
J. R. HILL (seal)
Thos. ROSS (seal)
S. MEADOWS (seal)
S. W. BEATY (seal)

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State of Tennessee Marshall County.
Know all men by these present that we John R. HILL, Thos, ROSS, Solomon MEADOWS & Sherwood W. BEATY all of the State and County aforesaid are held and firmly bound unto James K. POLK governor or for the State of Tennessee for the time being and his successors in office for the sum of Twelve Thousand and five hundred Dollars to the payment of which well and truly to be made we bind ourselves and our heirs Executors and admin strators Jointly and severly firmly by these presents sealed with our seals and dated this 7th day of April AD 1840
The condition of the above obligation are these that whereas the above bound John R. HILL has been duly and constitutionally Elected Sherriff and colection of the public taxes of said County of Marshall for Two years from the first Saturday in March 1840 now if the said John R. HILL shall well and truly collect all state taxes and also all taxes on school land within said County which by law he ought to collect and well and truly account for and pay over all taxes by him collected
or which ought to be collected on the first day of December in the year 1840 and 1841 respectfully then the above obligation to be void otherwise to remain in full force and virtue.
J. R. HILL (seal)
Thos. ROSS (seal)
S. MEADOWS (seal)
S. W. BEATY (seal)
Acknowledged in open Court April 7th 1840.
M. W. OAKLEY clk.

State of Tennessee, Marshall County.
Know all men by these presents that we John R. HILL, Thomas ROSS, Solomon MEADOWS & Sherwood W. BEATTY all of the State of Tennessee and County of Marshall are held and firmly bound unto Benjamin WILLIAMS chairman of the county Court of said Marshall County for the time being and his successors in office for the use of the County aforesaid in the sum of Twelve thousand dollars for the payment of which sum well and turly to be made w3e bind ourselves and heirs Executors and administrators, Jointly and severly firmly by these presence sealed with our seals and dated this 7th day of April A D 1840
The condition of the above obligation

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are these that whereas the above bound John R. HILL has been duly and constitutionally Elected Sherriff and collector of the above taxes of said County of Marshall for two years from the first Saturday in March 1840, now if the said John R. HILL shall collect all County taxes within said County wich by law he ought to collect and well and truly account for and pay over all taxes by hil collected or which ought to be collected. on the first day of December 1840 and 1841 respectively then this obligation to be void otherwise to remain in full force and
virtue.
John R. HILL (seal)
Thomas ROSS (seal)
S. MEADOWS (seal)
S. W. BEATTY (seal)
Acknowledged in Open Court April 7th 1840.
M. W. OAKLEY clk.

State of Tennessee Marshall County
I do certify that an Election held at the severel district Election Grounds in my County on the 7th of March 1840 according to 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, for said James V. EWING 765 votes and for Thomas H. HARDEN 657 this 7th day of March 1840. Joseph McCORD Coroner and thereupon the said James V. EWING gave bond as the law directs and took the severel oaths prescribed by law viz, the oath to support the sonstitiution of the United States and the state of Tennessee and the oath to prohibit dwelling and the oath of office whoch bond is in the words and figures following to wit, Know all men by these presents that we James V. EWING, Jonathan SMITH & Lile A. EWING all of the State of Tennessee and County of Marshall are held and firmly bound unto Benjamin WILLIAMS chairman of the County Court of Marshall County and his successors in office in the pennal sum of Ten thousand dollars and for the payment of which sum we bond ourselves our heirs Executors and administrators Jointly and severly furmly by these presnece sealed with our seals and dated this 6th day of April A D 1840. The condition of the above obligation is such that where as the above bound

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James V. EWING hath been constitutionally Elected Trustee in and for the County of Marshall and state of Tennessee, now therefore if the said James V. EWING shall satisfy keep and faithfully 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.
James V. EWING (seal)
Jonathan SMITH (seal)
Lile A. EWING (seal)
Acknowledged in Open Court April 6th 1840.
M. W. OAKLEY clk.

Thomas ROSS Solomon MEADOWS and Sherwood W. BEATY appeared in open Court and tood the oath required if Deputy Sherriffs, according to law.

On motion it is ordered by the court that Jeptha EZELL William H. HOWARD, Samuel RADFORD, John REBE and A. BEDWELL be appointed a Jury of view to change a part of the Lewisburg road commenceing at the south end of Martin DOWDYS Plantation runing due north some short distance than due west to intersect the said Lewisburg road takeing into consideration the good of the public and that of individuals and reportthereon. to the next July term of this Court. Issued.

On motion it is ordered by the court that John MARR, John RAGSDALE, John MOORE, Phillips MOSES, Jacob CALHOON and PinkneyHOGG be appointed a Jury of view to change a part of the Murfreysborough road commenceing near Joshsia BUTLERS house and terminat eing at the south East corner of his plantation taking into consideration the good of the public and that of individuals and report thereon to the next July term of this Court. Issued.

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On motion it is ordered by the Court that Col. John ORR John BEATY, William APPLEBY, Samuel W. EWING & Jonathan THOMAS be appointed a jury of view to change a part of the Lewisburg road that passes through David H. MILLERS Land if in their opinion the good of the individual require it and that of the public not injured and report thereon to the next July term if this Court. Issued.

On motion it is ordered by the Court that George CRAWFORD, James LUNA Lawrence BONDS, Price W. BROOKS, Jospeh MORRIS and Peter LUNA Sr. be appointed a Jury of view ot change a part of the Lewisburg road commenceing at the Lewisburg road near Phillips V. DOSS and in turning said road east of Austin GRAY’s taking into consideration the good of the public and that of individuals and report thereon to the next July term of this Court. Issued.

S. W. BEATTY administrator of James F. FISHER dec. appeared in Court and returned an inventory and account of sales of said estate which was ordered to be recorded.

John W. CAMPBELL administrator of the estate of Camilla C.CAMPBELL decd appeared in Court and returned an account of ales of said estate which was ordered to be recorded.

On motion it is ordered by the court that John WEAVER Jr. be appointed overseer of the road from Abraham TALLEYS to STEPHEN’s Mill and that he have all the hands that resides or may reside on the lands of John WEAVER Sr. James M. BOWDEN Benjamin WILLIAMS, Abraham TALLEY and James COCHRAN Sr. & John COCHRAN. Issued.

On motion it is ordered by the court that George R. MAY be appointed overseer of the old Shelbyville road from the west and of George CALHOONS Lnae to Caney Spring and that he have the following hands to wit, W. H. BRADEN, Thos. BASS, Henry BASS, John BASS, James BASS, jr. Wm. HARRIS, John L. HARRIS James A. PATTERSON and that he have all the hands included in the above bounds. Issued.

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On motion it is ordered by the Court that John F. BOYETT be appointed overseer of the road from Lewisburg to STEPHENS Mill and that he have the hands in the following bounds, to wit, beginning at the south west corner of Lewisburg and running to James BOYETTT’s so as to include said BOYETT thence to the south west Corner of the land owned by Ebebezer ELLIOTT at the time if his death thence east with the said ELLIOTTS line ti the S. E. Corner thence north to N. T. MOORS Mill so as to include STEPHENS first class road. Issued.

Wilson P. DAVIS appointed Jailer of Marshall county appeared in Court and took the oath prescribed by law.

On motion it is ordered by the Court that Elisha GARRETT be appointed overseer of the road commenceing at Lewisburg and terminateing at the west line of District No.5 and that he have the following hands to wit, All those living in the bend of the creek between the creeks and town & those that live or may live on the Lands of John A. SNELL, W. A. GILES Frances McDANILE & Elisha GARRETT- And thereupon Court adjourned until Ten oclock to-morrow morning, Issued.
B. WILLIAMS Chairman
Jno. HATCHETT J.P.
James V. EWING J.P.

Wednesday morning April 8th 1840
Court met according to adjournment present Benjamin WILLIAMS Chairman James V, EWING & Jo hn HATCHETT Gentlemen Justices of the peace- Proclamation & C.

Martin W. OAKLEY clerk of this Court presented to this Court an account of a settlement made by John ELLIOTT D. C. With Sarah McKEE for the year ending 4th day of March 1840 which report being seen and by the Court understood was in all things confirmed and ordered to be recorded and thereupon Court adjourned untill Court in Course.
B. WILLIAMS Chairman
Jno. HATCHETT J.P.
James V. EWING J.P.

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