MORGAN COUNTY COURT
1874 – EXCERPTS
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March term
A.
Be it remembered that the County court began and held in the town of Wartburg in the County of Morgan and the state of Tennessee.
_____ MELHORN, LEWIS HENDRICK, AUGUSTUS HEADRICK, were examined by the court and upon their oath say that WILLIAM BANEKE, dec’d, did not leave any property of any kind or nothing of value of anything. Therefore,
the court releases T. A. Senkerick the guardian of one of the minors from any libilities of the estate.JOHN KRIES,commissioner of the estate is released of any libilities.
B.
Ordered by the court that P. O. HOLLOWAY be allowed to fence the road leading across the bridge at Rock Creek and facing his house. The overseer of the said road be required to work the road crossing the creek below said bridge and heretofore viewed and reported.
SAMUEL H. STAPLES brought into open court the following paper, which was ordered to be copied.: State of Tennessee, S. H. STAPLES exparte upon motion M. F. ADKINS practicing lawyer of this court it is ordered by the court that the clerk of this court issue to the said S. H. STAPLES such is required in order to obtain a license to practice law viz: that he is 21 years of age, a citizen of Morgan County in said state of Tennessee and of good moral character integrity and soberity.
C.
We the undersignedm viewed and located a 3rd class road begining at MENAN DAVIDSON running by DANIEL PITTMANS, then via EUGENE LYNCH and by JOSEPH DAVIDSONS, intersecting the old turnpike road at JNO ENOS old place. Signed: MENAN DAVIDSON, RUFUS JONES, EUGENE LYNCH, JAMES DAVIDSON, JNO M. STAPLES.
D.
F. FREYTAG, guardian of the minor heirs of GEORGE D. HOWARD has made settlement as follows: That he is charged with $241.54; that he has expanded $234.34 leaving in the hands of the guardian $7.
B. T. SUMMERS and S. J. McKETHAN adm. of C. CARPENTER, dec’d, this day made final settlement, which settlement was excepted (sic) by the court and ordered recorded.
By partition of sundry citizens of the 5th civil district it is ordered by the court that the voting place of said district is hereby established at W. H. JONES instead of WILLIS MORRIS.
P. 1
Ordered by the court that EDWARD FREELS be paid by the trustee out of the contingent fund, levied for the year of 1873, the amount of $73.39 1/2, it being the full amount of an outstanding warrent issued in payment for the building of the county jail at Montgomery,
p.2
By partition of PHOBE M. BYRD it was ordered by the court that S. H. STAPLES be and he is hereby appointed guardian of SAMUEL H. BYRD, minor of SAMUEL BYRD, dec’d.
P.3
Ordered by the court that C. P. SAFFELL be required to give futher security as guardian of SAMUEL and BETTY SAFFELL at the next term of court,.
Ordered by the court that letters of guardianshilp be issued to J. S. FRITTS, public guardian for the benfit of AINCENT?? JOSEPH, JAMES and REBECCA minors of RANSON McCOY dec’d
P.4
AMELIA FORSTNER was appointed adm. of the estate of JOSEPH and EKIZA FORSTNER, dec’d. (Confusing, in the body it states “The estate of JOSEPH and AMELIA FORSTNER”) JOHN HALL Jr., and CHARLES H. DELIUS securities.
P. 5
It appears to the satisfaction of the court that JOSEPH and ELIZA FAWLWINKLE late of said county are dead, they died 1873 and 1874. They died instate and AMELIA FORSTNER has been appointed adm. of the estate.
P. 5 to 8
Dr. F. A. SIENHUECHT and Mrs. ROSEANNA KUHN produced in open court a paper writing purporting to be the last will and testment of DAVID KUHN and moved that the said will be admitted to probate and that letter of testamentary? be issued to them. S. H. STAPLES, PETER HENRY, and JNO KRIES subscribing witnesses to the will, say they were called by the said DAVID KUHN in witness to the paper now exhabited in court. The
said DAVID KUHN, is now dead and they signed the instrument at the request of the said DAVID KUHN.
P. 8
On motion of MARTIN HALL it is ordered by the court that M.T. ADKINS be and is hereby appointed guardian of MATILDA, DAVID, LETITIC, EMILY JANE and SAMUEL HALL minor children of GARRETT HALL dec’d.
P.9
On motion S. H. STAPLES Esq., M. T. ADKINS is appointed adm. of JNO STAPLES dec’d.
H. W. BUXTON, guardian of the minor heirs of ELISHA A. HAWN made settlement which was accepted by the court. There is remaining in the hands of the adm. The sum of $39.66, and BUXTON renews his bond as adm.
June Term 1874
p. 10
WELCOME WEBB is appointed overseer of a 2nd class road begining at WM. J. SCOTTS and leading to the forks of the river above JAMES McCARTS. The following hands are to work on the road: MARTIN GARRETT, LEWIS LANDRUM, ZACHARY HALL, BENJ. HALL, ANDREW CROMWELL, JAMES HAMBY, WM. H. McCART, RILEY SHANNON, ARCHIBALD McCOY, WM. WEBB, and RUFUS WEBB.
THOMAS DUNCAN is appointed overseer of a 2nd class road begining at the ford of BUCKS Ford near D. M. KELLYS and ending at the ford of Crooked Creek near DAVID STONECIPHERS.
M. STEPHENS adm. of S. C. HONNEYCUTT, dec’d, appeared in court and ask for 12 more month to settle the estate because of some litagaton in regards to the property of the said HONEYCUTT. Granted.
P. 11
LEWIS POTTER is appointed overseer of a 2nd class road begining at the forks of the road between JNO GREENS and W. R. WILLIAMS and ending at the ford of Obeds River. The following hands will work on the road: JAMES MELTON, JAMES POTTER, JENRY MELTON, WM. MELTON, JNO POTTER, WAYNE
HAWN, SOLOMON POTTER, JACKSON HICKMAN, MERIDA BARNETT and all hands on JNO POTTERS farm.
P. 11 & 12
The will of DAVID KUHN Sr., dec’d, dated 2-7-1874 is contested by DAVID KUHN Jr. ,_______MAEGLIN and wife, N. MAEGLIN, ordered by the court that the matter be sent to the Circuit Court of Morgan County. They are the children of said KUHN, dec’d, COOKE and TELLMAN Solictors.
July Term 1874
P. 13
ENOCH R. DUNCAN appeared in court and suggested that he be released from the libilities of an appernic? male child, a minor heir of JAMES M. BRIENT, entered into at a former term of this court. Granted
P.14
It is ordered by the court that the child be , heir of JAMES M. BRIENT, be delivered to RUSSELL SCOTT Sr., who is the grandfather of the said child.
NANCY JANE HODGE is approve guardian of the minor heirs of JAMES K. GREEN, dec’d, she gave bond of $250, JOHN HOWARD and M. D. HODGE security,
It is ordered by the court that RUSSELL SCOTT Sr guardian of HENRY BRIENT, minor of JAMES BRIENT be recinded on failure to give bond.
P. 15
A. R. LEWALLEN guardian of W. C. PETERS, a minor of LEANDER J. PETERS, dec’d, made settlement which was accepted . The settlement shows that the said LEWALLEN has drawn from the government $166 since his last settlement. LEWALLEN, renewed his bond.
P. 16
M. T. ADKINS attended his resignation as Notory Public. 8-3-1874.
P.17
GEORGE TAYLOR is appointed overseer of the old road from the top of the hill on the west side of Clear Creek to the Cumberland County line. The following hands are to work on the road: All the hands on JACOB HARMONS farm, JAMES TAYLOR farm JOHN F. LEE farm, LEWIS POTTER farm, F. SHUBERT
farm, MARTIN SIMS.
W. A. WILLIAMS appeared in open court and suggested the death of JOHN WILLIAMS, leaving no will or testament, and W. R. WILLIAMS is appointed adm. of the estate.
LUCY COOPER guardian of MARGARET and DAVID ASHBY, minors of JOSEPH ASHBY is released of futher libilities as guardian, having paid the full amount of the distribing?? shares.
September Term 1874
P. 19 to 25
HENRY CHILES JP of the 1st district, JOHN HALL elected County Court Clerk, JOHN WILLIAMS Sheriff of the County, WM. B. CRENSHEW Register of Deeds, JOHN D. KRIES, Tax Collector. MARTIN HALL Constable of the 4th district.
P. 27
Ordered by the court that J. D. JOYNER be allowed $50 office fees for the year 1874.
J. S. FRITTS adm. of the estate of C. S. FRANCIS made settlement which was accepted and ordered recorded.
JOHN W. LAYMANCE, Corner of Morgan County, appeared in open court and tended his resignation which was accepted.
P. 28
The lands of EDWARD PRINCE, dec’d were sold to JOHN M. DAVIS for $55, but the said purchaser has not paid the amount to me at this time . 9-7-1874 S. H. STAPLES
JOHN L. SCOTT is allowed the sum of $100 for making out the tax list for the year of 1874.
P. 29
S. H. STAPLES, Clerk of the Circuit Court presented the following bill. State vs SUSAN HALL $50
E. M. BLEDSOE is constable of the 7th district.
P. 30
W. B. LANGLEY is constable of the 2nd district.
LINDSY COOPER granted license to practice law.
October Term 1874
p. 33
WILLIAM LOVE is appointed overseer of a 3rd class road begining at Liberty Church by JOHN WILLIAMS farm up the mountian to LOVES farm, to R. O. TAYLORS farm running to the old road by E. FAIRCHILDS and to intersect the Knoxville road at JAMES M. JONES.
P. 34
ANDREW R. LEWALLEN appointed overseer of a 3rd class road begining at the ford of White Oak at CARPENTERS mill place to JAMES S. STONE.
SAMUEL LONG appointed overseer if the Huntsville Road from the forks of the road at the top of Clear Fork hill to the county line near ISAAC RISDENS. All the hand on JOHN BREWSTERS farm and DELANY TOMPKINS to work on road.
LAYTON GOUNY appointed overseer of a 3rd class road begining at the Clear Fork at the BREWSTER ford to the county line at WALTER LEWALLENS. All the hand at ANDREW YOUNGS, JOHN YOUNGS, N.H. GUFFEE, C.C. SCHEN and THOMAS STONECIPHER place to work on the road.
W. D. FRANCIS appointed overseer of a 2nd class road begining ath the corner of G. W. KIETHS fence by way of JOHN W. LAYMANCE mill to intersect the county road at the GERDING LANE.
D. J. GILDY appointed overseer of a 3rd class road begining at the ford of the Emory River at Montgomery to the top of the TRIPPLETT hill, west to the TRIPPLETT gap.
P. 35
AMOS YORK appointed overseer of a 3rd class road begining at the Wartburg/ Jamestown road near Mount Vernon Church, along the dividing ridge between Clear Fork and White Oak to the county line near DEMPSEY
MASSENFGALLS place. T. C. GALLOWAYS, DENNIS HULLS, DANIEL JOYNERS, THOMAS BROWN AND DUDLEY JONES place and all hand within said bounds.
P. 36
JOHN W. LAYMANCE allowed $5 for holding the August election of 1874
S. H. STAPLES resigned as guardian of SAMUEL H. BYRD, minor of SAMUEL M. BYRD dec’d, . The minor is place in charge of J.S. FRITT, Public Guardian of Morgan County.
December Term 1874
p. 37
MARTHA FRITTS formally MARTHA HONEYCUTT partitioned the court to be appointed guardian of the minor heirs of H. C. HONEYCUTT, dec’d, viz: VESTA ANN age 7, DAVID D. age 6, MARY age 5. Granted.
P. 38
LYDA C. BAIL asked to be appointed as guradian of her own children, ELIZABETH and LINCOLN HENDERSON. Granted.
WALTER CARROL an orphan of three years of age is apprenticed to ORVILLE EVERETT until 21 years of age in the occupation of farmer, he is to be given a common education in the common schools.
P. 40
SAMUEL F. SCOTT is granted the privilege of establishing a ferry across the river at or near Montgomery in Morgan County. No other person is allowed to establish a ferry on said river, except for their own private
use. Privilege to extend until 1-1-1876. He shall keep open a safeway to and from the ferry for the use of footman and horseman and that he be allowed to charge the following: men on foot low water $0.05, men on
foot high water $0.10, got each passager, men on horseback, each man and horse $0.10, high water $0.20.
P. 41 He is not to carry person when the river is deemed, by him, to be dangerous. He has until 1-1-1875 to establish a boat for the use of footman, and until 2-1-1875 to establish at boat for carrying horse. He
is to have all the privileges granted other furyman(sic) by law. He made a $200 bond.