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

Page (229) cont.
February term 1839-
The State of Tennessee Marshall County.
At a County Court begun and held for the County of Marshall at the Courthouse in the town of Lewisburg the place appointed by law for holding Court in said County in the year of our Lord one thousand Eight hundred and thirty none- on the first Monday in February the same being the 4th day of the month- present Asa HOLLAND James V. EWING & Robert JOHNSON Gentlemen of the peace proclamation &C.

Court adjourned to the County Court clerks office, present Asa HOLLAND James V. EWING & Robert JOHNSON Gentlemen Justices of the peace. Bingess HARDEN appeared in Court & presented his commission as Justice of the peace and took the severel oaths prescribed by law.

On motion it is ordered by the Court that Thomas COOPER be appointed overseer of the Fayetteville road leading by A. SUMMERS Esqr commenceing at Wm. COWDEN Esqr and terminateing at the top of the ridge east of Chesley SMITH and that we have the hands in the following bounds, to wit: All the hands south of Richland Creek & all of said Fayetteville road to John L. PARKS & west of said road to the top of said ridge.

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February term 1839.
On motion it is ordered by the Court that George W. OGILVIE be appointed voerseer of the fishing ford road commenceing at the center of the hurricane near James SHAWS and terminateing at the ford of Rich Creek and that he havethe hands hands in the following bounds, to wit:
Beginning at the center of the Hurricane oposit to E. W. HUNTERS thence north untill the line strikes the east fork of Rock Creed, thence east to the ford of rich creek on said road thence up said creed so as to include Surrel WHITE’s plantation thence south to the center of the Hurricane thence west to the beginning Issued.

On motion it is ordered by the Court that William B. MOORE be appointed overseer of the fishing ford road commenceing at Farmington and terminateing at the two mile Post south of Farmington and that he have the hands in the following bounds, to wit: Beginning at the ford of the east rock creek thence up said creek to the County line but not to include Robert MONTGOMERY thence west leaving A. DYSART to the two mile post on said road thence west to DRYDEN’s creek including Edwin HUNTER then down said creeek to the month thence up rock creek to the beginning.

On motion it is ordered by the Court that Wynn TWITTY be the court be appointed overseer of the road leading from Shelbyville to Pulaski commenceing at Benjamin BINGAMANS and terminateing at William COOKS Mill and that he have the former hands. Issued.

On motion it is ordered by the Court that Granville SMITH be appointed overseer of the Columbia road commenceing at Hiram WILSON and terminateing at James C. RECORDS and that he have the following hands to wit: Thomas H. RICHERSON, Harriet C. RICHERSON, William PERRY, Michael SHEHAM, John SHESHAM, Lemuel JONES, Daniel G. BILLS, William LONDON, David C. CALVERT, John COLLINS, Thomas FARLEY, William B. MURPHEE, James VINCENT, Richard VINCENT, Lidia & Robert HILLS four hands and William WEBSTER and James COLLINS to keep up said road. Issued.

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February term 1839.
On motion it is ordered by the court that Isaac CROWDER be appointed overseer of the road from the south side of the top of the Elk ridge above W. LEONARD’s and terminateing at William COOKS Mill and that he have the hands who worded under the former overseer. Issued.

R. B. LONG appeared in Court and was thereupon appointed guardian of William P. Sarah A.T. & Nancy Jane LONG having having Executed his bond in the sum of one thousand dollars with with Felix EWING & T C H MILLER his security which was accepted by the Court.

John SHUFFIELD appeared in Court and was thereupon appointed Guardian orphans of Bright ROBERTS decd having Executed his bond in the sum of six thousand dollars with T.H.C. MILLER & Daniel LITTLE his securities which was accepted by the Court Solomon MEADOWS appeared in Court and thereupon appointed Guardian of Frances H. SHORT minor orphans orphan of Benjamin SHORT he having executed his bond in the sum of Two
hundred dollars with Joseph HACKNEY and James ELLIOTT his securities which was accepted by the Court.

Martin W. OAKLEY clerk of this Court presented to this Court an account of a settlement made by him with T. C. H. MILLER & Daniel LITTLE guardian of the minor heirs James WILSON decd. which report was confirmed by the Court 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 Levi GARRET Guardian for Leroy FARMER, Thos. Lan, Elizabeth Ann FARMER which report was confirmed and ordered to be recorded.

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February term 1839.
Martin W. OAKLEY clerk of this Court presented to this Court an account of a settlement made by him wi th John R. HILL guardian of John A. EVANS minor orphan of John EVANS decd. which report was ordered to be recorded.

Martin W. OAKLEY clerk of this Court presented to this Court by his deputy William WILLIAMS an account of a settlement made by him with Jesse MORTON guardian of the minor heirs of Bird STAMPS decd which report was ordered to be recorded.

Martin W. OAKLEY clerk of this Court presented to this Court by his deputy William WILLIAMS an account of a settlement made by him with Joab BAGLEY Guardain of the minor heirs of Patrick H. TALLEY decd. which report was ordered to be recorded.

John BROWN appeared in Court and was thereupon appointed guardian of William WINSETT, James, Newton, Sarah, John & Lowry WINSETT minor orphans of Wiley WINSETT Decd he having executed his bond in the sum of Two Thousand Dollars with R. O. CHAPMAN and Wm. CHAPMAN his securities which was accepted by the Court. It having been represented to the satisfaction of this Court that George R. SCOTT late of this County has died leaving no will and Joseph H. BRITTAIN and William S. MAYFIELD appeared in Court and made application for letters of administration of all and singular the goods and chattles and rights and credits of him the said SCOTT and they having Executed their bonf in the sum of Ten thousand dollars with J. F. FURGESON and J. BULLOCK his securities which was accepted by the Court. It is therefore ordered by the Court that Letters of administration Issue accordingly they taken the oath prescribed by law.

The last will and Testament of Joseph ROSSON deceased was presented in open Court by the Executed therein named which said will has been proven at a former term of this Court by one of the subscribing witnesses thereto and this day proven by Leonard BULLOCK the other subscribing witness thereto- it is therefore ordered by the Court that letters testamentary issue to said Executor he taken the oath prescribed by law & Executed his bond at a former Court.

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February term 1839.
It having been represented to this Court that Darcus WOODWARD a resident of Marshall County has died leaving no will and Jesse M YOWELL appeared in court and made application for Letters of administration of all and every singular the goods and chattles rights and credits of her the said Darcus WOODWARD decd. and he having Executed his bond in the sum of seven thousand dollars with Will HOPWOOD & Joel YOWELL his securities which was accepted by the Court. It is therefore ordered by the Court that Letters of administration Issue accordingly be taken the oath prescribed by law.
It having been represented to the satisfaction of the Court that Rebecca DOWDY a resident of Marshall County has died leaving no will and Martin DOWDY appeared in Court and made application for letters of administration of all and singular goods the goods and chattles rights & credits of her the said Rebecca DOWDY and he leaving Executed his bond
in the sum of Eight hundred dollars with William DOWDY and Thomas WEAVER his securities which was accepted by the Court. It is therefore ordered by the Court that Letters of administration Issue accordingly he taken the oath prescribed by law.

George W. RECORD administrator of the estate of Robert BROOKS deceased appeared in Court and returned an account of sales of said estate which was ordered to be recorded.

Thomas H. R. JETT administrator of the estate of Thos. S. SEATON decd. appeared in Court and returned an inventory of said estate which was ordered to be recorded.

Early T. REASONOVER administrator of Tho.s GRANT decd. appeared in Court and returned an inventory of said Estate which was ordered to be recorded.

Felix G. GIBSON administrator of the estate of Stephen CLAYTON decd appeared in Court and made an additional return of account of sales and said estate which was ordered to be recorded.

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February term 1839.
The commissioners appointed at a former term of this Court to lay off & set apart one years provision for Sarah GRANT widow of Thomas GRANT decd reports as follows, to wit: We the undersigned freeholders of Marshall County after being duly sworn have proceeded to set apart to Sarah GRANT, widow of Thos. GRANT decd so much of the crop and
provisions on hand and directed to be purchased as will be sufficient in our opinion to support her and her family one year from the death of her said husband we set apart to her said purpose the following articles to wit:
corn 25 Barrels Pepper – 1 pound
pork 360 pounds Alspice 1 pound
flower 300 pounds Ginger 1 pound
salt 3 bushels Coffee 20 pounds
sugar 25 pounds
together with all the soap on hand and seed cotton on hands this January the 26th day 1839.
J. R. HILL (seal)
Elisah COLLINS (seal)
John DORTON (seal)
Which report being seen & by the Court understood was in all things confirmed and made the order of this Court.

Samuel ELLIOTT who was Elected county surveyor of Marshall County at the last term of this Court appeared in Court an executed his bond in the sum of Five thousand dollars with James ELLIOTT & James OSBURN his securities which eas acceptedby the Court he takening the oath prescribed by law.

James B. EWING trustee of Marshall Cunty reports to this Court in the words and figures following to wit:
State of Tennessee Marshall County, In conformity with the law which makes it the duty of the Trustees in the State of Tennessee to make reports to the Courts of their respective Counties at the second term thereof after the first day of January in each year, to wit:
Recieved from John W. RECORD the former Trustee of Marshall County. $208.50
Recd. of John R. HILL sheriff of Marshall Cty. 856.25

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Recieved of David McGAHEY clerk of the circuit Court of Marshall County for fines & forfeitures for the year 1838- $474.33
Recd of M. W. OAKLEY clerk of the County Court of Marshall County for fines & forfeitures for the year 1838-
Recd of M. W. OAKLEY clerk of the County Court of Marshall county $474.33
for fines and forfietures for the year 1838 6.25
Received for Strays in Marshall County 71.08
Recd. of James PATTERSON Esqr. Sixty two & ½ cents collected by him for profain swearur .62 ½
Paid out to the order of County Court 731.11 ½
“ do to Jury tickets 532.00
“ do do to M. W. OAKLEY clerk of C. C. for copies of tax list & other services 34.00
“ do do clerks commission on fines & forfeitures 11.85
(NB) one hundred dollars of the money Received from former trustee is Mississippi money and is yet on hand.
James V. EWING Trustee of Marshall County/
Sworn to in Court February 4th 1839.
M. W. OAKLEY clk.

State of Tennessee)
vs ) Bastardy
Joseph H. EMMERSON)
This day came the defendant in proper person and pleaded guilty to the – charge if having a Bastard child on the body of Jane ROGERS a single woman in said County of Marshall, it is therefore considered by the Court that the state of Tennessee recover of the defendant for the use of said Jane ROGERS the sum of ninety dollars that is to say for the first year after the ninth of said child forty dollars for the second thirty dollars and for the third twenty dollars and this execution issued against said

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defendant for the collection of each sum as they respectively fall due and that the said defendant give security that the said child shall not become a County charge whereupon the said defendant gave bond in the sum of five hundred dollars with William EMMERSON his security conditioned that said child shall not become a County charge & that said defendant pay the price of fornication & cost of this suit & that Executor Issue

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

On motion it is ordered by the Court that John COLLINS be appointed overseer of the reed gap road in the room of William TALLEY and that he have the former hands. Issued.

On motion it is ordered by the Court that James WILLIAMS Jason B. SHUFFIELD and Adam MILLER be appointed commissioners to lay off and set apart one years provision for Mrs. Mary SCOTT widow of George R. SCOTT deceased and report to the next term of this Court.

On motion it is ordered by the Court that Phillip V. DOSS be appointed overseer of the REEDS Gap road commenceing at or near Price BROOKS & terminateing at the top of the ridge dividing of Cane & Richland creek & that he have all the hands that live on the branch said road runs up. Issued.

On motion it is ordered by the Court that Gideon FOX be appointed overseer of the HALLS ford road commenceing at Thos. W. BARHAMS and terminateing at HALLS ford on duck river and the he have the hands in the following bounds to wit: commencing at HALLS ford thence to said BARHAMS thence to the mouth of cedar creek thence up the river to HALLS
ford thence to the beginning. Issued.

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February term 1839.
On motion it is ordered by the Court that Andrew SHARP be appointed overseer in the room of David W. WILDER & that he have the former hands. Issued.

On motion it is ordered by the Court that William McLANE be appointed overseer of the road leading from Lewisburg to MORTONS Mill, commencing at said Mill and that he have the following bounds, to wit: commenceing at the mouth of Hurricane branch and running due west to the old Muarys line thence with said line to duck river thence up said river to the mouth of Rock creek thence up west rock creek to the beginning. Issued.

Court adjourned untill nine oclock tomorrow morning.
Asa HOLLAND JP
James V. EWING JP
Robert JOHNSTON JP

Tuesday morning February 6th 1839. Court met according to adjournment present Asa HOLLAND Robert JOHNSON & James V. EWING, Gentlemen Justice of the peace proclamation & C.

William COWDEN appeared in Court ad was thereupon appointed Guardian of Ethelbert CLAYTON & Amanda CLAYTON he having Executed his bond in the sum of Ten thousand dollars with Felix G. GIBSON and John F. McCLELLAND his securities which was accpeted by the Court.

On motion it is ordered by the Court that James F. WARREN Michael ROBINSON John F. FURGESON, William H. HOWARD & Jephtha EZELL be appointed a Jury if view to change a part of the road leading from Columbia to Murphesborough commenceing at Joseph H. BRITTAINS & terminateing near Aaron BOYD, also a part leading from the end of said
BRITTAINS lane to Franklin commenceing at the end of said land and terminateing near Esqr. MURDOCK’s.

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Also to turn a part of the Nashville road commenceing at the end of said BRITTAINS land & terminateing near the x rode between Michael ROBINSONS and BRITTAINS if in their opinion the good of the public and that of individuals require it, and report to the next April term of this Court. Issued.

On motion it is ordered by the Court that James F. WARREN be appointed overseer of the road leading from Lewisburg to Nashville commenceing at the south end of Joseph H. BRITTAINS Land and terminateing at the Williamson County line and that he have the hands in the following bounds, to wit: Beginning at Michael ROBINSONS thence to Rebecca BOYDS, thence to E. R. KEREL thence to Elizabeth RIGGS thence to Alexander RAY thence to E. J. DODSON thence to the beginning including all hands in said bounds. Issued.

On motion it is ordered by the Court that S. C. CHETWOOD Henry TALLEY, James B. TALLEY, Joseph MORRIS, Enoch RUST and Samuel FINDLEY be appointed a Jury of View to change the Fayetteville and Nashville road so as to run below Wright BRIANTS Spring if in their opinion the good of the individual require it and report to the next April term of
this Court. Issued.

On motion it is ordered by the Court that Robert ORR, David RAMSEY, James BELL, Henry SIDES, John CARPENTER, Alexander ADAMS be appointed a Jury of view to change a part of the Fayetteville & Lewisburg road running through Irwin McADAMS Land near RANKINS old shop, if in their judgement the good of the individual require it and that of the public not injured and report to the next April Term of this Court. Issued.

On motion it is ordered by the Court that James WILSON, James SANDERS Sr, Enoch RUST, James G. LUNA James B. TALLEY S. C. CHETWOOD Squire WILLIAMS & Henry TALLY be appointed a Jury of View to turn the Cornersville & Fayetteville road to intersect the Nashville road between Mrs. BEATY’s and Orson GRAY’s taken to consideration that the
good of the public and that of individuals & report thereon to the next term April of this Court. Issued.

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February term 1839.
And their being no further business before the Court, Court adjourned untill Court in Course to meet at the Court house in the town of Lewisburg.
Asa HOLLAND J.P.
Robert JOHNSTON J.P.
James V. EWING J.P.