Court March 1849

Posted on August 17, 2014 by

Be it Remembered that a Corum County Court was began and held for the County of Wayne at the Court house in the Town of Waynesboro on the 5th day of it being the first Monday in March one thousand Eight hundred and forty nine
The following Justice present and presiding W CARTER Chairman JONES & WILSON and MONTAGUE his associates Justices

Ordered by the Court that L P SHAW be appointed overseer of the road of 2nd class in the place of Ephraim CHURCHWELL and that he have the hands in the same bounds to work under his direction Isued March 8th 1849

Ordered by the court that John JACKSON be appointed overseer of the road of 2nd Class in the place of James N STAGGS and that he have the hands in the same bounds to work under this direction Isued March 8th 1849

Came E H PUGH Sheriff of Wayne County and returned into Court a summons to being James Franklin & Jordan CUNNINGHAM Orphan Child who was abandon by their Father and the Mother being Dead to be disposed of as the Court may think best and came Franklin CUNNINGHAM and Jordan CUNNINGHAM and [where upon W CARTER crossed out] It appearing to the satisfaction of the Court that the said Franklin CUNNINGHAM is a minor about the age of fifteen years and has been abandoned by his father for more than five years and that his mother is dead and it further appearing to the Court that Absolum T PHILIPS is a farmer and a proper person to have the custody and control of said minor It is therefore considered by the Court that said Franklin be bound as an apprentice to said A T PHILIPS [Tucker crossed out] until he is twenty one years of age upon his entering into Indentures with the Chairman

Monday march 1849
conditioned that he cause said minor to be taught to spell read write and to cypher to the rule of three and the trade of farming furnish him with suitable clothing board and attention[?] and at the expiration of said time to furnish him with a good freedom suit and a horse bridle and saddle with sixty dollars And it further appearing to the Court that said Jordon CUNNINGHAM is a resident of Wayne County is a minor of about the age of 13 years the 30th of January past that he has been abandoned by his father for more than five years and that his mother is dead and that it will be to the interest of said minor to be bound as an apprentice to David T. PHILIPS a farmer of said County until he is 21 years of age upon his entering into indentures of Apprenticeship with the Chairman of this Court conditioned that he the said David T PHILIPS provide said Jordon with suitable board and clothing that he cause him to be taught to read write and cypher as far as the rule of three if he have sufficient capacity and at the expiration of said time furnish him with a freedom suite and [a horse, bridle and saddle with sixty dollars crossed out} and teach or cause him to be taught the art and mystery of a farmer Where upon the said David T PHILIPS & A T PHILIPS entered unto Indenture with W. CARTER Chairman

It appearing to the Court that Thomas BURGESS lately died in said County having made no last will and testament and it appearing to the Court that his widow Mary BURGESS has relinquished her right to administer upon his said estate and John G HILL having applied to the Court for letters of Administration upon said estate and he having entered into bond with Samuel C MITCHEL & John C G WILSON his securities in the sum of four hundred dollars conditioned as the law directs It is ordered by the Court that letters of Administration be granted to him upon said estate which are in the words and figures following to wit

State of Tennessee Wayne County
County Court March Session Whereas it appears to the Court here that Thomas BURGESS is dead and having made no last will and testament and application being made by John G HILL to have letters of administration granted to him upon all and singular, the goods and chattles, right and credits of the said deceased. and he having given bond and security as is by law in such cases required

Monday March 1849
whereupon the court ordered that he have letters accordingly These are therefore to authorize you the said John G HILL to enter into and open all and singular the goods and chattles rights and credits of the said Thomas BURGESS deceased and the same in your possession take when and where to be found in this State, and a true and perfect inventory thereof take and return into our ensuing county court, on oath, and all the just debts of the interest[?] pay. so far as the said estate will amount or extend, and the residue thereof deliver to those who have a right thereto by law; herein fail not. Witness Wm. JONES, Clerk of the County Court of Wayne County at office, the first Monday in March 1849 //s// Wm. JONES Clerk
Where upon the said John G HILL took the necessary oath for his qualification

Ordered by the Court that Henderson DICKERSON be appointed overseer of the road of 2nd Class in the place of D H MOSIER and that he have the hands in the same bounds to work under his direction Isued March 8, 1849

Ordered by the Court that James DURHAM be appointed overseer of the road of the 2nd Class in the place of Isaac SURRATT and that he have the hands in the same bounds to work under his direction isued March 8, 1849

A settlement between Wm JONES Clerk of this Court and A J BREWER Administrator of the Estate of Wm BREWER deceased was this day presented to the Court for their consideration which was Confirmed and ordered to be recorded.

A settlement between Wm JONES Clerk of the Court and Gray PHILIPS Guardian of the minor heirs of John WHITTEN deceased was this day presented to the Court for their consideration which was confirmed and ordered to be recorded

A settlement between Wm JONES Clerk of this court and D C McADOO Guardian of D H Minor heir of Thomas CROSSNO Deceased which was confirmed and ordered to be recorded.

A settlement between Wm JONES Clerk of this Court and D C McADOO Guardian of James T minor heir of Thomas CROSSNO deceased was this day submitted to the Court for their consideration which was confirmed and ordered to be recorded.

Came into Court D.C. McADOO who was at a former Term of this Court appointed Guardian of the minor heirs of Thomas CROSSNO deceased and entered into bond of thirteen hundred dollars with Wilson CASEY his security which was approved of by the Court and ordered to be recorded.

Monday March 5th 1849

Came [into Court crossed out] James N. BLACK who was appointed at a former term of this Court Guardian of Permelian BLACKSHEAR and reported to the Court the amount that had came into his hands as such Guardian which was ordered to be recorded

A settlement between Wm JONES Clerk of this Court and Wm. W GRIMES Guardian of Manerva A Minor heir of James GRIMES deceased was this day submitted to the Court and Confirmed and ordered to be recorded.

A settlement between Wm JONES Clerk of this Court and W W GRIMES Guardian of Eli S GRIMES minor heir of James GRIMES deceased was this day submitted to the Court which was confirmed by the Court and ordered to be recorded.

A settlement between Wm JONES Clerk of this Court and W W GRIMES Guardian of James A minor heir of James GRIMES deceased was this day submitted to the Court which was confirmed by the Court and ordered to be recorded.

A settlement between Wm JONES Clerk of this Court and Morgan H ROSS Guardian of William Minor heir of Peter STUBBLEFIELD deceased was this day presented to the Court which was confirmed and ordered to be recorded.

Ordered by the Court that Thomas G PHILLIPS be appointed overseer of a 2nd Class Road [and that he crossed out] in the place of Berry FOWLER and have the following hands to wit A T PHILIPS Joseph PHILIPS James PHILIPS hands Josiah PHILIPS Josiah FOWLER & and all hands on his place Marcus B FOWLER John S FOWLER Elijah BRACHER hands Wm REA and all hand in the said Bounds to work under his direction. Isued March 8th 1849

A settlement between Wm JONES Clerk of this Court and Thomas LANEAR Guardian of Smith BROADAWAY was this day submitted to the Court which was confirmed by the Court and ordered to be recorded.

Ordered by the Court that Wm MOSIER be appointed overseer of the road of 2nd Class in place of Thomas S [or L] MARTIN and that he have all the hands in the same bounds to work under his direction Isued March 8th 1849

Ordered that Court adjourn tell Court in Course //s// W. CARTER, D J JONES, A. MONTAGUE

Court February 1849

Posted on August 17, 2014 by

Monday Feb’r 5th 1849

Be it remembered that a Corum County Court was began and held for the County of Wayne at the Court House in the Town of Waynesboro on the fifth day it being the First Monday in Feb’r in the year of our Lord One thousand Eight hundred and forty nine. The following Justice present and presiding W. CARTER, Chairman, MONTAGUE and JONES his associates

Came into Court Wm. M. GALLEGLEY who was appointed at a former term of this court Guardian of Hannah K John & William Minor heirs of William MARES deceased and made the following Report and and shewing Rec’d of Wm. ROBERDS former Guardian by the hands of John O. ROBERDS $84.64 1/2 from John O. ROBERDS 15.00 Int on 84 64 1/2 Eleven Months 4.65 Int on To the present 37 56 141 85 1/2

All of which is respectfully submitted the 5th Feb’r 1849 //s// Wm M GALLEGLY Wm. M GALLEGLEY made oath in open court that the foregoing report is correct to the best of his knowledge and belief. Feb’r 5th 1849 //s// Wm JONES Clk

a Settlement between Wm. JONES Clerk of this Court and Wm M. GALLEGLEY Guardian of Hannah K minor heir of Wm MARES deceased was this day presented to the Court and confirmed and ordered to be recorded.

A settlement between Wm JONES Clerk of this Court and Wm M GALLEGLEY guardian of John minor heir of Wm MARES Deceased was this day presented to the court and confirmed and ordered to be recorded.

Came Wm M GALLEGLEY Guardian of the minor heirs of Wm MARES Deceased and renewed his bond of one hundred and ninety one dollars with Wm POLLARD and John FUSON his securities which was approved of by the Court and ordered to be recorded.

A settlement between Wm JONES Clerk of this Court and John LAMB Guardian of the minor heirs of Washington MARTIN deceased was this day presented to the court and received and ordered to be recorded.

Febr Term 5th 1849

Ordered by the court that Gideon BLACKWOOD be appointed overseer of the road in the place of Thomas STRICKLING and that he work from Thomas H SHORTs to Wm SHARPs and have the hands in the same bounds to work under his direction. Isued Feb 19th 1849

Ordered by the Court that Jesse TUCKER be appointed overseer of the road in the place of A C McDOUGAL and that (he) have the hands in the same bounds to work under his direction. isued Febr 19, 1849

Ordered by the Court that King BREWER be appointed overseer of the road in the place of James BREWER and have the hands in the same bounds to work under his direction and that Lott DANIEL work under the said BREWER. Isued Febr 19, 1849.

Ordered by the Court that Wilery BREWER Jn. be appointed Overseer of the road in the place of P.W. HENSLEY and that he have the hands in the same bounds to work under his directions. Isued Febr 19, 1849

Ordered by the court that Wm J GRIMES, E RHODES, R A GRIMES, Robert MORRIS & Levi C HOLT work on the Savannah Road under Robert MORRIS. Isued Febr 19, 1849

Ordered by the Court that Malaci DICUS be appointed Oversteer of the road in the place of L or S? H GRIMES and that he have the hands in the same bounds to work under his direction. Isued Febr 19, 1849

Ordered by the Court that Alfred B WEBB be appointed overseer of the road in the place of Harry[?] RUSSEAW and that he have the hands in the same bounds to work under his direction.. Isued Febr 19, 1849

Ordered by the court that A G NEWMAN be appointed overseer of the road in the place of G B FOSTER and that he have the hands in the same bounds to work under his direction. Isued Febr 19, 1849

Ordered by the court that Wm HEFINGTON be appointed Overseer of the road in the place of James H BRUMLEY and that he have the hands in the same bounds to work under his direction. isued Febr 19, 1849

It appearing to the Court that Richard C WADE late of said County is dead and having made no last Will in writing and application being made by Wm H WADE for letters of Administration granted him upon all and singular the goods and chattels rights and credits of the said Richard C WADE Whereupon the said Wm H WADE entered into Monday Febr Term 1849

bond in the sum of Six hundred dollars with James ANDERSON and James ARNETT his securities which was approved of by the Court Where upon the Court ordered that the following letters of Administration isue to the said Wm H WADE

State of Tennessee Wayne County
county Court Feb’r Session Whereas it appears to the court here that Richard C. WADE is dead and having made no last Will and testament [in writing crossed out] and application being made by Wm. H WADE to have letters of Administration granted to him upon all and singular the goods and chattels rights and credits of the said deceased and he having given bond and security as is by law in such cases required where upon the Court ordered that he have letters accordingly there are therefore to authorize you the said Wm H WADE to enter into and open all and singular the goods and Chattels rights and credits of the said Richard C. WADE deceased and the same in your possession taken when and where to be found in this State and a true and perfect inventory thereof take and return into our ensuing County Court on oath and all the Just debts of the intestate pay so far as the estate will amount or extend and the residue there of deliver to those who have a right [to erased] there to by law here in fail not Witness Wm JONES Clerk of [said crossed out] the County Court of Wayne County at office the first Monday in Feb’r 1849 Where upon the said Wm H WADE took the necessary oath for his qualification. //s// Wm JONES Clk.

It appearing to the Court that Mary WADE late of said County is dead and having made no last will in writing and application being made by Wm H. WADE to have letter of Administration granted him upon all and singular the goods and Chattles rights and Credits of the said Mary WADE where upon the said Wm H. WADE entered into bond of six hundred dollars with James ANDERSON and James ARNETT his securities which was approved of by the Court where upon the Court ordered the following letter of Administration Isue to the said Wm H WADE

State of Tennessee Wayne County
County Court Feb’r session Whereas it appears to the Court here that Mary WADE is dead and have made no last will and testament and application being made by Wm H WADE
Monday Feb’r Term 1849
to have letters of Administration granted to him upon all and singular the goods and Chattles rights and Credits of the said deceased and he having given bond and security as is by law in such cases required where upon the Court ordered that he have letters accordingly There are therefore to authorize you the said Wm H WADE to enter into and open all and singular the goods and Chattles rights and Credits of the said Mary WADE Deceased and the same in your possession take when and where to be found in this State and a true and perfect Inventory take and return into our ensuing County Court on oath and all [of crossed out] Just debts of the intestate pay so far as the said Estate will amount or extend and the residue there of deliver to those who have a right thereto by law here in fail not
Witness Wm JONES Clerk of the County Court of Said Cty at office the First Monday in Feb’r 1849.
Whereupon the said Wm H WADE took the necessary oath for his qualification //S// Wm JONES Ckl

Came into Court Lenoir W. CANTRELL who was this day appointed guardian of Henry C Wm J & Mary Ann Minor heirs of Milly MAY Deceased and entered into bond in the sum of Five hundred and Sixty seven Dollars with W W THORNTON and P B WELCH his securities which was approved of by the court Where upon the said Lenoir W CANTRELL took the necessary oath for his qualification.

Ordered by the court that Hazel COPELAND be appointed overseer of the road in the place of Benjamin HAISTY and that he have all the hands in the same bounds to work under his direction. isued Feb’r 19, 1849

Ordered by the Court that Merida MORRISON be appointed overseer of the road in the place of Wm D COPELAND and that he have the hands in the same bounds to work under his direction. Isued Feb’r 19, 1849

Ordered by the Court that Alfred SIMMONS extend his portion of the road and that he work to George WHITTON and that he have all the hands on the Creek below said WHITTENs in addition to the hand alloyed him to work under his direction. Isued Feb’r 6, 1849

Ordered by the court that Joseph EAST be appointed overseer of the road of 1st Class in the place of John A KENNADY and that he have the hands in the same bounds to work under his direction. Isued Feb’r 19, 1849

Monday Feb’r 5th 1849
Ordered by the Court that D.J. JONES be appointed Chairman Protem during W CARTERs absence

Washing CARTER Esq Chairman of the County Court by order of Said Court has this day bound Alexander DAVIS & John W DAVIS orphan children of John DAVIS Deceased to Alexander DAVIS until they attain to the age of Twenty one yrs. the said Alexander being born Oct 3rd 1844 and the said John W on the 26 Sept 1847 and the Said Alexander DAVIS come into Court and entered into Bond according to law to take care of said apprentices morels and Educate and Cloth said children

Came Thomas H MABRY Trustee of Wayne County and made the following report To the worshipful County Court now in Session Feb’r term 1849 The undersigned trustee of Wayne County would make the following report as to the revenue arising for the year 1848

The amount due from the Tax Collector is $1609.20 1/2
Picked Tax he collected $ 14.83
$1624.03 1/2
The amount due from Circuit Clerk is $126.75
The amt. due from L.L. MACK Cty Clerk is $189.46 1/2
” ” ” “ JONES present clerk ” 123.48
” ” ” ” Stray Book & Rec’d is 40.56
” ” ” ” Sheriff & Justices for fines under late law is 70.50
[Rec’d of Tax Collector is crossed out] $2159.96
Rec’d of Tax collector in Claims & money $1467.75
his commission on that amount is 88.08
Insolvencies & Removals 53.47
Rec’d of tax collector $1609.20
Commission 14.83
Rec’d of John McDOUGAL Clk 126.75
Rec’d of MACK former Clerk 189.46 1/2
” ” JONES 123.48
” ” this amt in Claims & money 40.56
” ” ” ” ” ” ” ” 70.50 $2160.05 1/2

All of which is respectfully submitted to your honorable worships this Feb’r 5th 1849. T H MABRY Trustee
the said T H MABRY swore in open Court the foregoing report is correct to the best of his Knowledge and belief. //s// Wm JONES

Monday Feb’r 5th 1849

Came James N BLACKSHEAR into Court who was this day appointed Guardian of Hannah P BLACKSHEAR and entered into bond in the sum of three hundred and fifty dollars with Wm M GRIMES [MONTAGUE crossed out] and Wm BENHAM his securities which was approved of by the Court Where upon the said BLACKSHEAR took the necessary oath for his qualification

Ordered by the Court that James H HORTON be appointed overseer of the road in the place of G B MANUEL and that he have the hands in the same bounds to work under his direction Isued Feb’r 19, 1849

Ordered by the court that Richard DABBS be appointed overseer of the road in the place of Wm. C. DUREN and that he have the hands in the same bounds to work under his direction Isued Feb’r 19, 1849

Ordered by the Court that John W BERRY be appointed overseer of the road in the place of Samuel BECKHAM and that he have the hands in the same bounds to work under his direction Isued Feb’r 19, 1849

Came John N. MARTIN in to Court who was this day appointed Guardian of Nathaniel Hannah E James H Lidia M & Richard K Minor heirs of Nathiel [sic] MARTIN deceased and entered into bond in the sum of three hundred dollars with A. J. MARTIN and Thomas S[?] MARTIN his securities which was approved of by the court where upon the John N MARTIN took the necessary oath for his qualification.

Came into Court John T WHITTEN who was this day appointed Guardian of Jesse Josiah Moses K & Polly Ann WHITTEN and entered into bond in the sum of three hundred and ten dollars with John PHILIPS and Gray PHILIPS his securities which was approved of by the Court, Where upon the said John T WHITTEN took the necessary oath for his qualification

Came into Court Thomas J MONTAGUE and [resigned crossed out] Tendered his resignation to the office of Constable of the 1st District Wayne County which was received by the Court

Ordered that Court adjourn tell tomorrow mornin [?] 10 OClock //s// D J JONES P. Chair A. MONTAGUE Thos. SHEPARD

Tuesday Feb’r 6th 1849

On application of Thomas SHEPARD a Justice of the peace of Wayne County it is ordered by the Court that a summans Isue to the Sheriff of Wayne County to have James Franklin & Jordon CUNNINGHAM before [the cross out] this court at the next term to be disposed of as the Court may think best as said Children is without parents or any means of maintenance [?] Isued Feb’r 19, 1849

Came into Court Soloman JOBE who was appointed Guardian of the minor heirs of Abraham MELSON deceased at a former term of this Court and made the following report

State of Tennessee) To the Worshipful County Court now in session The Wayne County) undersigned who was appointed at a former term of this Court Guardian of the minor heirs of Abraham MELSON deceased would make the following report & shewing of the amount that has come in to his hands as such Guardian.
To amt due on Ad’m settlement $48.42
Int. on same 9.44
Recd from Peter MELSONs Estate 30.00
Int on same 2.40
>From same Estate 13.00
Int on same .55
Cash on debt 3.00
$106.81
All of which is respectfully submitted //s// Solomon JOBE Guard. Feb’r 6th 1849 Soloman JOBE made oath in open Court that the foregoing report is correct to the best of his knowledge and belief Feb’r 6th 1849 //s// Wm JONES

A settlement between Wm JONES Clerk of this Court and Soloman JOBE guardian of the Minor heirs of Abraham MELSON Deceased was this day presented to the Court and Confirmed and ordered to be recorded.

Came Soloman JOBE into Court who was appointed at a former term of this Court Guardian of the minor heirs of Abraham MELSON deceased and renewed his Bond in the sum of two hundred and five dollars with D C McADOO his security which was approved of by the Court

Tuesday Feb’r 6th 1849

Ordered by the Court that John McDOUGAL Hiram ROBERTS and T H MABRY Freeholders be appointed Commissioners who after having been duly sworn for said purpose shall proceed to allot and set apart to Polly BURGESS widow of Thomas BURGESS Deceased so much of the crop stock provisions money and other property on hand belonging to said Estate as shall be sufficient for the support of herself & family for one year next after the death of her said husband and report the same to the next term of this Court

ordered that Court adjourn untill Court in Course //s// D J JONES Protem Chairman A. MONTAGUE, Thos. SHEPARD

Court January 1849

Posted on August 16, 2014 by

Monday Jan 1st 1849

State of Tennessee) Be it remembered that Quarterly County Court was began Wayne County) and held for the County of Wayne at the Court House in the Town of Waynesboro on the first day it being the first Monday in January A.D. one thousand Eight hundred and forty nine the following Justice were present and presiding (viz) W. CARTER Chairman, HAYNES, LAFFERTY, JOBE, POPE, James ROBERTS, MONTAGUE, WALKER, WILSON, WATKINS, GANT, A. GRAY, HOBSON, T. GRAY, BREWER, LEE AND SHEPARD.

A settlement between Wm. JONES, Clerk of this Court and Burrel WALKER Executor of John SHAW Dec’d was this day [exhibited crossed out] submitted to the court for their consideration and was confirmed and ordered to be recorded.

Came Thomas H. MABRY trustee of Wayne County into Court [and reported to the Court crossed out] and Presented the following report which is ordered to be rec’d and spread on the mintues [sic] of the court and which is in the words and figures following to wit: To the worshipful County court of Wayne County now in session Thomas H. MABRY Trustee of said County submits for your inspection the following report and showing of the amount of claims that has come into his hands by an order of your court as common School funds to wit 1 Rec’d of Thomas M. EAST on the 1st of March 1847 various Bonds & Notes and have collected in cash on said Bonds after paying some costs of Suits $67.75 and have a judgment well secured for same on Stephen COOPER for $24. and have Jesse S. ROSS and John McDOUGALS note for a balance due of $46.95. I have brought suit vs John CLEMENS et al and William L. T. EDWARDS et. al. and Martin SCOTT and had to pay the cost in each case the cost amounts to $9.75 also one on John G. HILL and S. L. BURNS for $42.21 stayed by Andrew JACKSON (making the aggregate) $180.91

Paid R. A. HILL atts fee aff. 5.00 secured & on hand $175.91 I would further state to your worshipful body that I have used the best means that I could to ascertain the true situation of the balance of the claims I have on hand and believe they are worthless as that it would cost more to collect them than they are worth as the greater portion of them have moved off from this County. I return with this report all the bonds in my possession for you to do with as you may think best all of which is respectfully submitted this 1st day of January 1849. Thomas H. MABRY Tte.

Monday January 1st 1849

On Motion to appropriate to William JONES Clerk of this Court for fees for Road orders and Venirafacias [sic] etc for the year 1848. Fourteen Dollars. Those who voted in the affirmative are W. CARTER Chairman HAYNES, LAFFERTY, JOBE, POPE , MONTAGUE, WILSON, WATKINS, A. GRAY, HOPSON, Thomas GRAY, SHEPARD & GRIMES – 13 Noes none so said appropriation was made to be paid out of any money in the hands of the County Trustee not otherwise appropriated.

This day John GRIMES came into court and presented his commission as a justice of the peace in the 5th District of Wayne County, and whereupon he took the necessary oaths for his qualifications and took his seat on the Bench.

On Motion to appropriate the sum of Twenty seven Dollars and sixty [?] three and three fourth cents to Littlebury L. MACK a former clerk of this Court for Road orders Juries of venue Tax book making tax book &c those who voted in the affirmative are W. CARTER Chairman, LAFFERTY, JOBE, POPE, ROBERTS, MONTAGUE, WILSON, T. GRAY, SHEPARD & LEE yeas 10 Noes none so said appropriation was made to be paid out of any moneys in the hands of the County Trustee not otherwise appropriated. Issued Jan 6

Ordered by the Court A. H. M. STUBBLEFIELD be appointed Overseer of the road in the place of Jefferson ARNOLD and that he have the hands in the same bounds to work under his direction. issued Jan 6

On motion to appropriate ten Dollars to Matthew J. SIMS Coroner of Wayne county for holding the election on the 4th of March last for County officers, those who voted in the affirmative are W. CARTER, chairman, HAYNES, LAFFERTY, JOBE POPE, MONTAGUE, WILSON, WATKINS, A. GRAY, HOPSON, T. GRAY & SHEPARD Ayes 10. [noes crossed out] those who voted in the negative are JONES, WILSON & GRIMES Noes 3 so said appropriation was made to be paid out of any moneys in the hands of the County Trustee not otherwise appropriated. Issued Jan 6

Came Josiah DARBY and others who were appointed at a former term of this Court a Jury of view to view and mark out a second class road commencing at the Florence

Monday Jan 1st 1849

and Waynesboro road on the land of Josiah DARBY and run so as to intersect the Waynesboro & Florence road on the land of Jonathan WHITTEN. Whereafter having been duly sworn according to law report a road found. Whereupon it is ordered by the Court that Berry FOWLER be appointed overseer to open and clear out said road and that he have Josiah, DARBY, Joshua DARBY, A.T. PHILIPS, Thomas PHILIPS, Josiah PHILIPS, Mark FOWLER, John FOWLER, William S. FOWLER, Abner GALYEON, William ALLEN, F. M. WHITTEN, John WORDEN[?] & William BRACHER to work under his directions. Issued Jan 6 1848[sic]

On motion to appropriate to John McDOUGAL Clerk of Wayne Circuit Court and others the sum of Two Hundred and seventy four 45 1/2 /100 Dollars being the amount of sundry bills of costs against Wayne County and which are duly certified which said bills of costs are as follows

The State vs David DANIELS:
Clerk J. McDOUGAL $4.25
Justice Wm. ROBERTS 50. $4.75,
Constable Z.M. JOHNSON 50. $5.25. Issued Jan 6, 1849

The State vs James SOUTHERLAND:
Clerk McDOUGAL $4.871/2
Cor. Wm. POLLARD $1.75. $6.82 1/2..
John GRIMES[?] 1.50.
J. G. GRIMES[?] 1.50 $3.00 9.621/2 Issued Jan 6, 1849

State vs W.E.N. GRAHAM:
Clerk McDOUGAL $5.061/4
Cor. Wm. Pollard $2.121/2 $7.18 3/4 .
J. A. GRIMES $1.50 John GRIMES $1.50 – 3.00
Thomas KINDEL $2.62 -$2.62 Issued Jan 6, 1848[sic]

State of Tennessee vs Wm. P. KINDRICK:
Clerk McDOUGAL $3.311/4,
Justice E. H. PUGH $.50 Cons.
Jesse ROSE $.50 Jordon JOHNSON $2.80
Z. CYPERT $1.50 John WHITE $2.34. Issued January 8, 1849

State of Tennessee vs John SMITH Jn:
Clerk McDOUGAL $5.811/4
Shff Thos. MEREDITH $2.00
John CLEMENS $2.50
John YOUNG $1.79. Issued Jan 8 1849

State of Tennessee vs John MORRIS:
Clerk J. McDOUGAL $8.121/2
Shiff W. BENHAM $2.50
Shff POLLARD $.161/2 Thomas MORRISON $6.85
Edward MORRISON -POLLARDs order filed $2.25
Lewis HARDIN $3.00. Isued Jan 8. 1847 [sic]

State of Tennessee vs Isaac DANIEL:
Clerk $5.62 1/2
Shiff POLLARD $1.50
R. P. TALLEY $ .25
Wm. JONES $ .25
Jesse DOWNING $4.84. Issued Jan 8, 1849

State of Tennessee vs James STAGGS:
Clerk McDOUGAL $4.75
Shiff POLLARD $1.25
Wm. JONES $ .25. Issued Jan 8, 1849

State of Tennessee vs Richard STAGGS:
Clerk J. McDOUGAL $4.62 1/2
Shff Wm. POLLARD $1.25
Wm. JONES $ .25. Issued Jan 8, 1849

Monday January 1st 1849

State of Tennessee vs. Wm. BURKET:
Clerk $5.06 1/4
Shiff W. POLLARD $ .41 1/2
J. A. KEATON $ .50
Robert MORRIS $ .50
R. P. TALLEY $ .50
Justice T. YOUNG $ .50
John A. GRIMES $ .75. Isued Jan 8, 1849

State of Tennessee vs. Josiah DIXON:
Clerk McDOUGAL $6.61 1/2
Wm. POLLARD $2.91 1/2
Timothy WALLIS $5.53
John MORRIS $7.80. Isued Jan 8, 1849

State of Tennessee vs Zahariah W. TALLEY:
Clerk McDOUGAL $6.12 1/2
shff Wm. POLLARD $. 54. Isued Jan 8, 1849

State of Tennessee vs John PRATT:
Clerk J. McDOUGAL $12.68 3/4
Shff Wm. BENHAM $2.33
Wm. POLLARD $1.79
Wm. JONES $2.25
E. H. PUGH $1.66 1/2
Thos. J. CYPERT $ .25
Justice E. H. PUGH $ .50
Cons Jesse ROSE $2.00
Henry MORRIS $8.25
Thomas B. MERRIMAN
$3.75 Thomas H. MABRY
$3.00 James I. GIBSON $6.75
Lorenzo D. McMAHAN $10.00
John McMAHAN $4.75
Wm. PRATT $1.50
James WILSON $9.00
Stephen PARSLEY $4.75
Jacob G. MORRIS $7.75. Isued Jan 8, 1849

State of Tennessee vs Merida ROACH:
Clerk $4.37 1/2
Shff Wm. POLLARD $1.50,
E. H. PUGH $ .16 1/2
Jas. CARTER $. 50
State witness John H. LUCAS (S.R. LAIRD) $3.75. Isued Jan 8, 1849

State of Tennessee vs Abner SMITH:
Clerk McDOUGAL $5.25
Shff E. H. PUGH $2.37 1/2
Justice CARTER $ .50
Const. J. W. STANFIELD $ .50
Micajah McGEE $2.25
S. R. LAIRD $2.25
John H. LUCAS (S.R. LAIRD) $3.00. Isued Jan 8, 1849

State of Tennessee vs Garrison BUSH:
Clerk $4.87 1/2
Shff PUGH $1.66 1/2
Wm. POLLARD $ .25
Joseph N. ROBNETT $2.25
Claborn ACKLIN $2.25. Isued Jan 9, 1849

State of Tennessee vs Charles Y. PARKER:
Clerk $1.43 3/4
Sheriff PUGH $1.00
Eliphas PRATER $2.38
John R. DAVIS $1.50
Eliphas RILEY $1.50. isued Jan 9, 1849

State of Tennessee vs William BIFFLE:
Clerk $6.56 1/4
shff E. H. PUGH $1.91 1/4
Shff Wm. POLLARD $ .25
Richard [Robert crossed out] H. STAGGS (POLLARD) $3.00. Isued Jan 9, 1849

Those who voted on the affirmative are W. CARTER Chairman HAYNES, LAFFERTY, JOBE, POPE, MONTAGUE, WILSON, WATKINS, A. GRAY, HOPSON, T. GRAY, SHEPARD and GRIMES 13 Noes none so said appropriation was made to be paid out of any monies in the hands of the trustee of Wayne County not other wise appropriated.

Monday Jan 1st 1849
Ordered by the court that John FISH be appointed overseer of the road in the place of Anderson JACKSON and that he have the hands in the same bounds to work under his direction. Isued Jan 6, 1849

Came into Court Mrs. ibby G. GALLAHER who was this day chosen and appointed Guardian of the minor heirs of John GALLAHER Decd. and entered into Bond of One thousand five hundred Dollars with Joseph B. DIXON, Amos H. GALLAHER, William G. GALLAHER and Joseph G. GALLAHER her securities which was received by the Court and ordered to be recorded Where upon the said Ibby G. GALLAHER took the necessary oath for her qualification.

On application it is ordered by the Court that John CLEMANS, Eliphus RILEY, John SMITH, William J. YOUNG and S. L. BURNS be appointed a Jury of View to view and mark a 2nd Class road beginning at the mouth of Mockison Creek on Buffalo and runn the best way that can be found to Samuel RILEYs mill and that they report the same to the next term of this court. Isued Jan 6, 1849.

This day Jesse S. ROSS by attorney moved the court to be released as one of the securities of Flora M. HARRIS Executrix of Robert HARRIS deceased and it appearing to the Court that said Flora M. has had the notice required by law it is ordered by the Court that said Flora M. give bond with other and sufficient security in the sum of ten thousand dollars conditioned as the law directs for the faitful execution of trusts bequests and devised made in the last will and testament of said Robert deceased. Whereupon William WITHERSPOON and Franklin WITHERSPOON as securities aforesaid came into court and entered into bond [into bond crossed out] in the sum of ten thousand dollars conditioned as the law directs. it is thereupon ordered by the court that said Jesse S. ROSS be released as such security aforesaid.

Whereas Messers FOULER & HUDSON by permission of the court have taken a miniature of this Worshipful Court and its officers in a groupe and presented the same to the court Resolved by the Court that the thanks thereof be and are hereby tended to Missers FOULER & HUDSON for said present and that from this and other speciamns of their skill be recommend to the patronage of all who may [page 23] Monday Jan 1st 1849 wish work done in their line.
Resolved and that Col. C. B. McCLAIN be requested to forward the same to Misses FOULER & HUDSON.
Resolved that the said minature be delivered to the Clerk of this Court to be Kept in his office.

This day William POLLARD Administrator of Jacob A. KEATON produced in Court an inventory and account of sales of the property belonging to said estate which is confirmed by the court and ordered to be recorded.

Ordered by the court that William B. WALKER, Burrell WALKER and Nathan BIFFLE freeholders be appointed commissioners who after having been duly sworn for the said purpose shall a lot and set apart to Elizabeth KYLE widow of Alexander KYLE deceased so much of the crop stock provisions money and other property on hands belonging to the estate of said Alexander KYLE as shall be sufficient for the support and maintenance of herself and family for one year next after the death of her said husband and report to the next term of this court. Isued Jan 9, 1849.

Upon motion of Wm SINCLAIR Executor [administrator crossed out] of John SINCLAIR dec’d it is ordered by the Court that he have leave to correct his inventory heretofore returned into Court so as to charge himself with only the half of the value of a Jack the whole value having been inventory through mistake.

On motion to appropriate to Jesse S. ROSS the sum of ten dollars for his services rendered Running the Line between the Counties of Wayne and Perry those who voted in the affirmative are W. CARTER, Chairman HAYNES, LAFFERTY, JOBE, POPE, JONES, MONTAGUE, WALKER, WILSON, WATKINS, GANT, A. GRAY, HOPSON, T. GRAY, SHEPARD, BREWER, and GRIMES 17 Noes none So said appropriation was made to be paid out of any monies in the hands of the County trustee not otherwise appropriated. isued Jan 9 1849

upon application it is ordered by the Court that Andrew WILLIAMS, Joseph PITTS, Samuel RILEY, Jess RILEY & Charles PARKER be appointed a Jury of View to View and mark out [a road crossed out] so as to [to crossed out] change the road running down Green River [and crossed out] leaving said road at the Baptist Church at the upper end of Alm[?] S. [said crossed out] BURNS field.

State of Tennessee vs Thomas McBRIDE:
Justice w. CARTER $ .25
Shff Wm. JONES $3.25. Isued Jan 9, 1849

Monday January 1at 1849
and intersect the same at or near Joseph PITTS Plantation and that they report the same to the next term of this Court.

A majority of the Justice Present and presiding the Court proceeded to Levy a County Tax for Wayne County for the present year 1849 [And upon motion to Lay a Tax of ?? crossed out] it was ordered by the Court that a Tax of fifteen cents on the one hundred dollars worth of taxable property and Thirty five cents on each Poll be Leved.

On application of George WHITTEN & Thomas SHEPARD to Disannul a certain portion of the road leading down little Cypress to the State line of Alabama that part of said road that leads from or near Mason WHITTENs to the State line below A.T. PHILIP, It is therefore ordered by the Court that said Portion of road be diannuled.

Ordered by the Court that John VOORHIES be appointed overseer of the road in place of George W. PEERY and that he have the hands in the same bounds to work under his direction. Isued Jan 9, 1849

Ordered by the Court that King H. ABLES be appointed overseer of the road in the place of Isaac MORRIS and that he have the hands in the same bounds to work under his directions. Isued Jan 9, 1849

On application it is ordered by the Court that Henry MARTIN, Thomas LAWSON, David BERRY, John KELLEY and Henry PIGG be appointed a Jury of View to view and mark out so as to change the road so as to runn above Thomas GRAYs house & that they report the same to the next term of this court. Isued Jan 9, 1849

On application it is ordered by the court that Wm. C. McBAIN[?], Wm. RICKETTS, James E. McKNIGHT, John G. HILL, and W. B. SKILLERN be appointed a Jury of View to view and mark out so as to change the road running by Moses RAYs to Ashland leaving said road near said RAYs Lane and intersect the same before it reaches Ashland and that they report the same to the next term of this Court. Isued Jan 9, 1849

A settlement between Wm. JONES Clerk of this Court and Wm. THORNTON Guardian of Wm. R. DUNCAN was this day submitted to the court for their consideration and was rec’d and ordered to be recorded.

Ordered by the court that Abraham MONTAGUE and James ANDERSON be appointed Commissioner for Wayne County for the present year 1849

Monday Jan 1st 1849

On motion to appropriate to W. CARTER and others the sum of Thirteen 25/100 Dollars being the amount of three bills of cost against Wayne County and allowed by this Court.

State of Tennessee vs James COPELAND & Richard STAGGS:
Justice W. CARTER $. 50
Cons. C. ACKLIN $1.50. Isued Jan 9 1849

State of Tennessee vs Thomas McBRIDE: Justice W. CARTER $ .25
Shiff Wm. JONES $3.25. Isued Jan 9, 1849

State of Tennessee vs Jefferson JACKSON:
W. CARTER $ .25
I. HUBBER $ .50
R.CHURCHWELL $ .50
Shff E.H. PUGH $5.00
James BRUCE $ .25
H. KERLEY $ .25
Joseph SOUTHERLAND $ .25
J. N. FOREHAND $ .25
Dilila MORTON $ .50. Isued Jan. 9, 1849

Those who voted in the affirmative was HAYNES, LAFFERTY, JOBE, ROBERTS, WILSON, T. GRAY, and LEE Ayes 7. Noes POPE MONTAGUE and SHEPARD 3 so said appropriation was made to be paid out of the monies in the hands of the county Trustee not otherwise appropriated.

On motion to appropriate to W. CARTER the sum of six dollars for his services rendered as Commissioner selling the Town lots on the west Square of Waynesboro Those that Voted in the affirmative were HAYNES, LAFFERTY, JOBE, POPE, ROBERTS, MONTAGUE, WILSON, WATKINS, T. GRAY, SHEPARD and LEE Ayes 12 noes none So said appropriation was made to be paid out of any monies in the hands of the Trustee of [said crossed out] Wayne County not otherwise appropriated.

William THORNTON Tax Collector of the public taxes of Wayne County for 1848 prodced[sic] in Court the following list of insolvencies &c to wit:

District No. 2 Jacob BURNS Removed Poll .77 1/2 Wm. BROWN Removed Poll .77 1/2,

W. C. GAMBELL overage .77 1/2, S. F. LANEAR Removed Poll 77 1/2, Author MORRIS Removed Poll .77 1/2, Ann WESTLOKE Removed Poll .77 1/2. District No. 3 Jesse BOND overage Poll 77 1/2, Wm C. HASSELL Removed Poll .77 1/2, John H. PARKER overage Poll .77 1/2 Abner SMITH Removed Poll .77 1/2.

Monday Jan. 1st 1849
District No. 4 John J. BOYD Removed Poll .77 1/2, James C. BRIDGES overage .77 1/2, Calvin EDINS Removed Poll .77 1/2, John McCORMACK Removed Poll .77 1/2, JOHN OVERTON removed Poll .77 1/2 Peter WHITEHEAD removed Poll .77 1/2, Wm. C. WARREN[?] listed in 2 Districts .77 1/2 Wm. H. CARTWRIGHT 1 Town lot $1.17 Wm. P. KENDRICK & Mrs. KEA 1 Black $1.17. District No. 5 Wm. TILLY removed Poll .77 1/2 Richard TILLY Removed Poll 77 1/2 Miner WHITE listed in 2 Districts 77 1/2 District No. 6 David BREWER removed (Poll) .77 1/2 R. C. BATEMAN Removed Poll .77 1/2 John N. BREWER no such man to be found .77 1/2 Joseph MABRY removed .77 1/2 Samuel P. McCLANE Removed Poll 77 1/2 George STAGGS removed Poll 77 1/2 Alexander STAGGS removed Poll 77 1/2 Wm. SCOTT removed Poll .77 1/2 Barnabas SCOTT removed (Poll) .77 1/2 District No. 7 Not to be found .77 1/2 Wm. BROWN Insolvent .77 1/2 J.E.C. WALKER Insolvent .77 1/2 District No. 8 James BANKS removed (poll) 77 1/2 Robert FOX removed (Poll) 77 1/2 D. W. MOSIER under age .77 1/2 Henry MARTIN removed (poll) .77 1/2 George H. TALLY removed (Poll) .77 1/2 Thomas MIDDLETON removed (Poll) 77 1/2 James MORRIS removed (Poll) 77 1/2 Livi SAILS no such a man to be found 77 1/2 District No. 9 James BROWN or BRANNON removed (Poll) .77 1/2
James BLACKWOOD listed in 2 Districts .77 1/2 Daniel WATSON (Poll) removed .77 1/2 Bennet POWEL listed in 2 districts Black Poll $2.34 John SOUTH removed (Poll) .77 1/2 Isaac TALLY removed Poll (77 1/2) James McFALL removed (Poll) 77 1/2 Thos. PRUET Insolvent 77 1/2 Wilburn WEST _________77 1/2 DISTRICT NO. 10 Stephen COPPER overage (Poll) 77 1/2 Lewis H. JONES removed (Poll) 77 1/2 Wm. B. EDWARDS Insolvent (Poll) 77 1/2 Richard BALENTINE (Poll) 77 1/2 District No. 11 Carroll TUCKER removed (Poll) 77 1/2 David BRIGGS removed (Poll) 77 1/2 Hardy SAUNDER listed in 2 Districts (Poll) 77 1/2 Arch TILLY Listed in 2 Districts (Poll) 77 1/2 Wm. DABBS (Poll) 77 1/2 Arch TILLEY Listed in 2 Districts 1.55 & Isolvent Samuel MOTON removed (Poll) 77 1/2 District No. 12 Adam LUTTS overage (Poll) 77 1/2 overage (Poll) 77 1/2 George W. WALLIS removed (Poll) 77 1/2 Merdeth MORRISON (Poll) 77 1/2 Andrew SCOT (Poll) 77 1/2 Nathaniel LANCASTER 77 1/2 Wm. HOLLIS 389 1/2 Wm. BROADSTREET 77 1/2 Joseph HUNT 77 1/2 George A. BROWN 77 1/2 Jackson KILBURN 77 1/2 District No. 13 Thomas L. LOONEY (Poll) Wm. LACKY insolvent Poll 77 1/2 D.C. WHITTEN removed (Poll) 77 1/2 Mason WHITTEN overage Poll) 77 1/2 James PHILIPS overage Poll 77 1/2 David PHILIPS overage (Poll) 77 1/2 Owen BRIANT removed Poll 77 1/2 [State Tax $13] William VERRANT no such man to be found 77 1/2 Making $66.78
State of Tennessee Wayne County: Personally appeared in open Court William (?) Collector of the Public Tax of Said County for the year 1884 Who made oath in due form that the list of Insolvents by him exhibited is Just and true to the best of his Knowledge and that said list fully sits forth the name of each delinquent in his County the amount of Tax he owes and the nature and kind of Taxable subjects from which derived.
Monday Jan 1st 1849
for said year and that he has used all real[?] ways and means in his power to collect the Taxes contained in said list from the time he rec’d the tax list from the Clerk there of and that he could not find any property to enable him to collect said taxes sworn to and subscribed in open Court January 1st 1849 [which crossed out] //s// Wm. THORNTON T. C. Text Wm. JONES Clerk
[Ordered that Court adjourn till tomorrow morrow morning 9 OClock – crossed out]
It is therefore ordered by the Court that said Collector be allowed a credit for the sum of Thirteen Dollars State Tax & fifty three 47/100 Dollars County Tax in his settlement as provided by law and that the same be certified by the Clerk.
Court adjourned until tomorrow morning at 9 Oclock. //s// W. CARTER, A. MONTAGUE, H. ROBERTS
Tuesday Morning January 2nd, 1849
Court met according to adjournment
The report of the commissioners appointed to allot and set apart to Lucinda KEATON widow of Jacob A. KEATON deceased a years provisions for herself and family is produced in Court confirmed by the Court and ordered to be recorded.
[ordered by the Court that the Clerk Cert – crossed out]

William THORNTON Revenue Collector for Wayne County for 1848 having applied at the Oct. Term of this court for a credit for Insolvencies Removals &c and there not being a sufficient number of Justices present as required by Law and the said THORNTON having applied to this Term and the Court having made him the allowance aforesaid it is therefore ordered by the Court that the Clerk of this Court certify the facts to the Comptroller.
Ordered that Court Adjourn tell Court in course. //s// W. CARTER , A. MONTAGUE, H. ROBERTS.

Court December 1848

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State of Tennessee) Be it remembered that a Corum County Court was began and Wayne County) held for the County of Wayne at the Court House in the Town of Waynesboro on the 4th day [of December A.D. as crossed out] it being the first Monday in December A.D. One thousand Eight hundred and forty eight. The following Justice of the peace present and presiding W. CARTER, Chairman, LAFFERTY and MONTAGUE his associates.

Ordered by the Court that King PRATER be appointed overseer of the road of 2nd class in the place of Wm. BATTLES and that he have the hands in the same bounds to work under his direction. Issued Dec’r 11 1848

Ordered by the Court that John W. HULL be appointed overseer of the road of 2nd class in the place of Thomas P. CYPERT and that he have the hands in the same bounds to work under his direction. Isued Dec’r 11, 1848

December Term 1848

Came John McDOUGAL who was appointed Guardian of William L., Joseph H. and Andrew W. KING, minor heirs of John D. KING, decd And report the following came into his hands as such Guar.

One note on Andrew WILLIAMS Due the 25th Dec’r 1848 for eighteen dollars $18.00

One note on Joseph PITTS 21st Oct 1848 for fifty three dollars and 53.00

One note or Due bill on Solomon PHILLIPS due Nov’6, 1848 for eight Dollars & 40 cents 8.40

79.40

Came E.S. HAMM who was appointed Adm’ of the estate of Sam’ HAMM dec’d at a former term of this Court and returned in Court on Oath an Inventory & Accpt of sale

Ordered by the Court that John S. BURNS be appointed overseer of the road of 2nd class in place of Joseph SUTHERLAND and have the hands in the same bounds to work under his direction. Isued Dec’r 11, 1848

A settlement between Wm. JONES Clerk of this Court and James M. STANFIELD and John N. GILLIS Adm’s of the Estate of Nathaniel MARTIN dec’d was this day submitted to the court for their consideration and was confirmed and ordered to be recorded.

A settlement between Wm. JONES, Clerk of this Court & Elizabeth CARTER, Administratrix of the estate of David CARTER, dec’d was this day submitted to the court for their consideration and was confirmed ordered to be recorded.

A settlement between Wm. JONES, Clerk of this Court and Elizabeth CARTER [Guardian of crossed out] and William B. WALKER Guardian of the minor heirs of David CARTER dec’d was this day submitted to the court for their consideration and was confirmed and ordered to be recorded.

A settlement between Wm. JONES Clerk of this Court and William G. GALLAHER Guardian of the minor heirs of John GALLAHER, dec’d was this day submitted to the Court for their consideration and was confirmed and ordered to be recorded.

Ordered by the Court that Benjamine KING be appointed overseer of the road of 1st class in place of Felix WEST and have the hands in the same bounds to work under his direction and that he extend his road from the 6 mile post to the forks of the road on the top of the ridge.

Court November 1848

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State of Tennessee) Be it remembered that a Corum County Court was begun and held Wayne County) for the County of Wayne at the Court House in the Town of Waynesboro on the first Monday It being the 6th day of November in the year of our Lord One Thousand Eight Hundred and forty eight. The following Justices of the Peace present and presiding to wit) Washington CARTER, Chairman, William M. LAFFERTY and Abraham MONTAGUE

Ordered by the Court that Allen FOX be appointed be appointed overseer of the road beginning at Isaac HORTONs lane and work to Daniel MOSIER [??] and that he have Wm. M. HORTON, Wm. J. HENRY , John HENRY & Nathan HORTON to work on said road under his direction.

William M. GRIMES who was appointed at a former Term of this Court Guardian of John T.S. GRIMES Reports to the Court on oath that nothing has come unto his hands as such Guardian.

John McDOUGAL who was appointed at a former Term of this Court Guardian of William L., Joseph H. and Andrew W. KING, minor heirs of John D. KING deceased came into court and Entered into Bond in the sum of one hundred and fifty dollars with Solomon PHILLIPS as his security which was approved by the court and ordered to be recorded and the said McDOUGAL took the necessary oath for his qualification.

A settlement between the Clerk of this Court and A. P. PHILIPS Guardian of the minor heirs of John D. KING, dec’d was this day presented and confirmed by the court and ordered to be recorded.

The Last will and testament of Isaac HASSELL late of said county Deceased was this day Presented and duly proven in open court by the oaths of E. WARRINGTON and W. C. GAMBERL both subscribing witnesses thereto in which it appears the said HASSELL has appointed Jesse J. ROSS Executor to carry out said will and The said Jesse S. ROSS appeared in court and entered Into Bond the sum of Eight Thousand dollars with E. WARRINGTON and Jonathan MORRIS who was approved by the court as his securities and the said Jesse S. ROSS took the necessary oath for his qualification whereupon the court ordered that the following Letters Testamentary Isue to the said ROSS. State of Tennessee Wayne County Whereas it appears to the court here that Isaac.

HASSELL late of said county is dead and made his last will in writing in which he hath appointed Jesse S. ROSS Executor to the same which will has been exhibited in open court and proved as the law directs. it is therefore ordered that by the court that letters Testamentary of all and singular the goods and chattels rights and credits of the said Isaac HASSELL Deceased issue to the said Jesse S. ROSS having been qualified agreeable to law to enter into and upon all and singular the goods and chattels Rights and credits of the said Isaac HASSELL Deceased and the same unto your possessions take wheresoever the same may be found and a true and perfect Inventory thereof make and return to our Insuing County Court and all Just debts to the said Isaac HASSELL to pay and also well and truly to pay and deliver all the legacies contained and specified in the said Testament as the law charge you. Witness William JONES, clerk of our said Court at Office the 1st Monday in November 1848. William JONES, Clerk

William SINCLEAR Jr. Ex’r and Resign SINCLEAR Ex’rx of the Last Will and testament of John SINCLIR Deceased this day returned into Court an Inventory and Account of sale which was received by the Court and ordered to be recorded.

Ordered that Court adjourn until tomorrow morning 9 Oclock W. CARTER, Wm. M. LAFFERTY, A. MONTAGUE Tuesday Nov. 7th 1848
Court met according to adjournment Present and presiding W. CARTER Chairman, YOUNG and JONES. Ordered that Court adjourn tell to morning 9 Oclock W. CARTER, C. J. JONES

Wednesday, Nov. 8th 1848
Court met according to adjournment present and presiding W. CARTER, Chairman, JONES & ROBERTS his associates.

It appearing to the court that Jacob A. KEATON late of said County is dead came Lucindy KEATON widow of the said Jacob A. KEATON & requested that Wm. POLLARD administer and having made no last will and Testament in writing and application being made by William POLLARD to have letters of Administration granted him upon all and singular the goods & Chattels rights & Credits of the said Jacob A. KEATON where upon the said William POLLARD entered into bond of [crossed out] in the sum of three thousand dollars with D. J. JONES and Hiram ROBERTS his securities which was approved of by the court where upon the Court ordered that the following letters of administration isue to the said William POLLARD. State of Tennessee) County Court November Session.

Wayne County ) Where as it appears to the court that Jacob A. KEATON is dead and having made no last will and testament in writing [crossed out] and application being made by William POLLARD to have letters of Administration granted him upon all and singular the goods and Chattels rights and Credits of the said deceased and having given bond and security as is by law in such cases required where upon the court ordered that he have letter accordingly. There are therefore to authorize you the said William POLLARD to enter into and upon all and singular the goods and Chattels rights and Credits of the said Jacob A. KEATON dec’d and the same in your possession take when and where to be found in this state and a true and perfect Inventory thereof take and return to our ensuing County court on oath and all the just debts of the intestate pay so far as the estate will amount or extend and the residue thereof deliver to those who have a right there to by law herein fail not. Witness William JONES Clerk of the County Court of the County of Wayne at office the first Wednesday after the first Monday in November 1848. Wm. JONES, Clk. Where upon the said William POLLARD came into Court and took the necessary Oath for his qualification.

Ordered by the Court that Wilson GRIMES, James ARNET and L. D. McMAHON be appointed commissioners to lay off and set apart to Lucinda KEATON, relect of Jacob A. KEATON dec’d who are free holders and unconnected with the parties either by affinity or consanguinity who being duly sworn for said purpose shall proceed and set apart to said Lucinda out of the estate of said Jacob an [this order is circled and incomplete, see below].

Ordered by the Court that Wilson GRIME, L D. McMAHAN and James ARNET, [William BENHAM crossed out] free holders unconnected by the parties either by affinity or consanguinity be appoint commissioner who after having been duly sworn for said purpose shall proceed to allot and set apart to Lucinda KEATON, widow of Jacob A. KEATON dec’d so much of the provisions, stock, monies or other assets on hands belong to said estate as will be sufficient for the support and maintenance of said [said crossed out] Lucinda and her family for one year next after the decease of her said husband and report to the next term of this court.

Ordered that Court adjourn till Court in Course W. CARTER, D. J. JONES, H. ROBERTS.

Court September 1848

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State of Tennessee) Be it remembered that Corum [sic] County Court was begun and Wayne County) held for the County of Wayne at the court house in the town of Waynesboro on the 4th day it being the first Monday in Sept in the year of our Lord one thousand eight hundred and forty eight the following Justice of the peace present and presiding W. CARTER Chairman MONTAGUE and LAFFERTY his associates.

A settlement Between Wm JONES Clerk of this Court and G W BARKER adm of the Estate of Labam & Martha BARKER decd was this day submitted to the Court and confirmed and ordered to be recorded.

Ordered by the Court that George DAVIS be appointed overseer of the 1st class road in the place of John R HELLON[?] and that he have the hands in the same bounds to work under his directions.

Ordered by the Court that Jackson ARNOLD to appointed overseer of the road of 1st class in place of John CARTER removed and that he have the hands in the same bounds to work under his directions.

Ordered by the Court that John D HINKLE be appointed overseer of the road of 2nd class in place of David COOK and that he have the hands in the same bounds to work under his direction.

Ordered by the Court that John COOK be appointed overseer of the road of 1st class in place of Isam KEATON and that he have the following hands (viz) John CORBAN, S.C. GRIMES, D. KEATON, W.A. KEATON, J. N. BLACKSHEAR, J. F. CARR, F. HALE, James HALL, Edward BROWN, Burris WHITE and Humphary M. GOFORTH to work under his direction and all hands in the said bounds or may come into said bounds.

Came into Court M. H. BURKS who has this day been appointed Guardian of Lewis TILLMAN, John P. TILLMAN and Daniel TILLMAN, minor heirs of Daniel TILLMAN., decd,, and entered into bound of Five hundred dollars with Thomas J. MONTAGUE and Wm. m. LAFFERTY, his securities, which was approved of by the Court and ordered to be recorded.

Came Rial BREWER, Executor of the Estate of Nathaniel HORTON, decd, and returned into Court an account of sales and of Notes & Acct came that has come in to this hands as the law directs which was rec’d by the Court and ordered to be recorded.

Came S.L. BURNS, Adm., with the will annexed of the Estate of Lemuel POPE, dec’d, and returned in to Court an inventory and acpt [?] and acst [?] of many notes & accts of sales that has come to his hands as the law directs which was rec’d and ordered to be recorded. [Of notes, accts & money crossed out].

Came Joacim DUGGAR whose [sic] has been this day Chosen & appointed Guardian of William, Melinda and Sarah Ann, minor heirs of George CROSSNO, dec’d and entered in to bond in the sum of two thousand dollars with William BENHAM and Jacob SCOTT, his securities, which was approved of by the Court and ordered to be recorded. Where upon the said Joacim DUGGAR took the necessary oath for his qualification.

Ordered by the Court that Thomas MARTIN be appointed overseer of the road of 2nd class in place of Washington MARTIN be appointed overseer of the road of 2nd class in place of Washington MARTIN and that he have the hands in the same bounds to work under his direction. Issued

Came William HAWK, adm of the Estate of Elihu C. RAYBURN, dec’d, and returned into court an inventory & acpt of sale of the said Estate which has come into his hands which was rec’d and ordered by the court to be recordered [sic].

Ordered that court adjourn till court in cause, W. CARTER, Wm. M. LAFFERTY, A. MONTAGUE.

County Court Minutes September 1848-June 1854

Posted on August 16, 2014 by

This County Court Minute book is the earliest surviving volume of the minutes of either the Pleas and Quarter Sessions Court and the County Court in Wayne County, Tennessee. No earlier minutes were found in a search of the 1905 courthouse attic prior to the January 1972 fire. It is therefore assumed that the earlier volumes of court minutes were either lost or destroyed during the War of Rebellion.

This first volume of County Court Minutes has been completely transcribed from the original by Edgar D. Byler, III (notes added by the transcriber) and previously published serially in the Wayne County Historian.

Special thanks to Barbara Warthen Wallace who volunteered to do the input on the first four installments (published in Volume 1, 1988).

Wayne County Cases From Tennessee Supreme Court Files

Posted on August 16, 2014 by

JAMES vs. STATE.
SUPREME COURT OF TENNESSEE, NASHVILLE
28 Tenn. 308; 9 Hum. 308

December, 1848, Decided

PRIOR HISTORY: McClendon said to his slave James, that he might go
and be free, and James, acting as a freeman, sold spirituous liquors
without license. For this he was indicted in the Circuit Court of Wayne
county, and on trial, Hardin, special judge, charged the jury, that upon
these facts he was indictable. He was found guilty by the jury, and
fined by the court. He appealed.

DISPOSITION: Reversed and remanded.

HEADNOTES: A verbal gift of freedom to a slave, by his master, does not
make him a freeman and as such subject him to the penalties of the law,
if he retail spirituous liquors without license. He cannot be indicted
till the State has given its assent to his emancipation according to the
forms of law.

COUNSEL: Tinnon, for the plaintiff in error.

There is error in the charge of the court to the jury. The proof shows
that the defendant is a slave, the property of Benjamin Morrow, who
purchased him August 19, 1843, of McClendon and Franks.

At common law, the owner of a slave might emancipate him at pleasure,
nor was it necessary to manumit the slave by deed or other writing, but
acts of the owner in pais, evincing an intention and wish to bestow
freedom on the slave, by the owner, would be sufficient. Greenlow vs.
Rawlings, 3 Hum. 90; Hartsell vs. George, 3 Hum., 255.

This common law right still exists in Tennessee, subject to the
restrictions and conditions of the statutes upon this subject. The act
of 1777 is in effect repealed by the act of 1801, ch. 27, which provides
that the owner shall prefer his petition to the County Court of the
county where they reside, setting forth an intention to manumit the
slave, as well as the reason, and the County Court is vested with full
power to emancipate the slave, upon the condition prescribed by the
acts; an additional restriction is added by the act of 1831, ch. 102,
sec. 2., C. & N. 277 and 279.

The legislature, by these several acts, has vested the power in the
County Court to give the assent of the State to the emancipation of a
slave, as between the slave and his owner or those claiming under him.
It may be sufficient that the owner has expressed an intention to
manumit his slave, by any paper writing, by deed or will as against the
heirs, or his personal representatives, or the maker of the deed. Hope
vs. Johnson, 2 Yer., 123; vide 557; McCullough vs. Moore, 9 Yer., 305;
Hinkle vs. Hamilton, 3 Hum., 569; Howard et als. vs. Clemons et als., 5
Hum., 368. But the assent of the owner does not make the slave free,
because the consent of the State must be given as required by the
statutes–until this is done the slave has but an imperfect right of
freedom, and to a full and complete emancipation, the assent of the
County Court, or by the Chancellor in the special cases provided for by
the act of 1828, ch. 29, sec. 1; vide 6 Yer., 119-128 and 116; 3 Hum.
569; 7 Hum., 388; Meigs, 574.

JUDGES: GREEN, J., delivered the opinion of the court.

OPINIONBY: GREEN

OPINION: GREEN, J. delivered the opinion of the court.

The plaintiff in error was indicted in the Circuit Court of Lawrence
county for selling spirituous liquors without license.

The fact of selling, as charged in the indictment, was proved. The
defendant then proved by Benjamin Morrow, that the defendant was a
negro, and was a slave of the witness,–having been purchased from
Nathan McClendon and George W. Franks, for the price of two hundred
dollars;–that after said purchase, and about twelve months before the
trial, witness had said to defendant that he might go and be free, and
from that time he had been acting as a freeman; but witness had executed
no writing securing to the defendant his freedom, nor had he made any
Application to the County Court for that purpose.

The court charged the jury, in substance, that if the master of the
defendant, had verbally consented that he should be free,–such consent
conferred such qualified right to freedom, [**4] as would make him
answerable for his misdemeanors by indictment; that no writing from his
master, conferring freedom, or application to the tribunals of the
State, for emancipation, were required in order to render him liable for
a misdemeanor, by indictment. The jury found the defendant guilty, and
he appealed to this court.

The only question here is, whether upon this proof, the plaintiff in
error is indictable for a misdemeanor, as a freeman. And we think he is
not. It is true, as his Honor told the jury, this negro has an
incomplete right to his freedom, so that his master could not re-assert
his dominion over him, so as to make him a slave; and if the master
refuse to apply to the County Court for his emancipation,–any other
person might petition in his behalf, but until this is done, and he is
emancipated according to the forms of the law, he does not become a free
member of society, so as to be proceeded against as a freeman.

The master, by failing to petition the County Court, and give bond
according to law, remains liable to all the penalties of the law, as
though he had never consented to his freedom. In view of the law, the
negro is not a freeman, until the [**5] State, through the proper
tribunal, consents to his freedom. Until that is done, the master may be
indicted for permitting him to act as a freeman, and is liable to all
the other consequences that would have existed, if he had not consented
to the defendant’s freedom.

The master cannot, by parting with his right to the slave, elude these
responsibilities, and turn the slave loose upon society, without those
guaranties the laws demand in such cases.

For all the acts punishable by law, a person situated as this negro is,
must be proceeded against as a slave, and punishable as such. Reverse
the judgment and remand the case.

Abstracted and submitted by Bill Page

HARBOUR v. RAYBURN and others.
SUPREME COURT OF TENNESSEE, NASHVILLE
15 Tenn. 432; 7 Yer. 432

March, 1835, Decided

PRIOR HISTORY: This was an action of detinue, brought by the plaintiff
against the defendants, in the circuit court of Wayne county; the plea
non detinet. The plaintiff claimed under a deed of trust executed to him
by his father, Elijah H. Harbour, for the benefit of Sally Kerlogue, the
daughter of said Elijah. The defendants insisted that, previous to the
execution of the deed of trust to plaintiff, said negroes in the deed
mentioned had been given by said Elijah to the husband of said Sally,
and that the property in said negroes was not in said Elijah at the time
the deed was executed, but was in the husband, Kerlogue, and, as such,
had been sold. The plaintiff insisted that the delivery of the negro to
Kerlogue, before the deed was executed, was by way of loan, declared at
the time, and not as a gift. There were several mistrials and
continuances, as appears by the record. Upon the last trial the
plaintiff introduced Elijah Harbour, the father of Mrs. Kerlogue, Elisha
Harbour, her brother, Mrs. Harbour, her mother, and Willoughby Pew, to
prove the manner in which the son-in-law, Kerlogue, came to be possessed
of the negro in dispute. The defendant introduced various witnesses, and
the record shows a great contrariety of evidence. The jury returned a
verdict for the defendants. The charge of the court was unexcepted to by
either party. The plaintiff moved for a new trial, on the ground that
since the trial he had discovered three material witnesses, by whom he
could prove the lending by Elijah Harbour to said Kerlogue, viz., Bell,
Allen, and Willougby Pew, who had been examined. The affidavit of
neither of the witnesses, except Pew, is produced, and he was examined
at the trial. The judge refused a new trial, from which opinion the
plaintiff appealed in error to this court.

DISPOSITION: Judgment affirmed.

HEADNOTES: NEW TRIAL–CONTRADICTORY EVIDENCE–NEW EVIDENCE. A new trial
will not be granted by the supreme court, after several mistrials, where
the evidence is very contradictory, on the ground that the verdict is
contrary to the evidence; nor upon the ground of material evidence
discovered after the trial, where the new proof relates to a fact
decisive of the cause, and which must have been within the knowledge of
a witness who was in attendance and interested in the success of the
person applying for a new trial, and where, in view of the
circumstances, the court must either come to the conclusion that there
is no truth in the affidavit, or that there has been unpardonable
negligence on the part of the applicant. [See Young v. Stringer, 5 Hay.
30; Luna v. Edmiston, 5 Sneed, 159.]

COUNSEL: J. W. Combs, for plaintiff in error.

J. S. Yerger, for defendants in error.

1st. The evidence in this case warranted the jury in coming to the
conclusion they did in their verdict. At any rate the evidence does not
preponderate so strongly for the plaintiff as to justify a new trial in
this case, under the rule laid down by this court. 3 Yer. 442.

2d. The affidavits present no ground for granting a new trial. They do
not show any new evidence. The witnesses mentioned are only additional
or cumulative, designed to speak to a point which was principally in
dispute on [**3] all the trials, and, therefore, forms no ground for a
new trial. 4 Bibb, 563; 3 Marsh. 109, 110; 1 Lit. Rep. 39; 1 Bay, 263; 2
Bay, 267; 2 Cain, 129; 8 John. 84; 15 John. 210.

The fact of there having been several mistrials and continuances shows
conclusively that the plaintiff did not use due diligence in order to
procure the evidence of the witnesses, and for this the new trial must
be refused. 18 John. 489.

Applications for new trials upon these grounds are not favored, and are
looked at with suspicion. 5 Hay. 32.

The witness Pew was examined at the trial; his explanations afford no
ground for a new trial. 2 Cain, 129.

The plaintiff’s affidavit must be accompanied by that of the witnesses
themselves. 3 Hay. 164.

The plaintiff, from all the proceedings in the cause, will be seen to
have sworn, if not falsely, under such circumstances as do not entitle
his statement (that he discovered said witnesses since the trial) to any
credit. We see him surrounded by the parties interested, who are his
sister, the father, the mother, and the brother, and by them endeavoring
to prove a loan, the very fact in dispute; and, as the record shows, the
father caused the suit [**4] to be instituted, and yet he swears that
he was never informed until after the trial itself, and several
mistrials, that there had been any witnesses to the loan. The facts to
fix him with a previous knowledge are too abundant in the record, and
the enquiry too natural for him to make, whether there were witnesses to
the loan attempted to be set up, to induce any candid mind to believe
that he made the discovery after the trial. These facts were known, if
they existed, and the witnesses, too, by whom they could be proved, to
Mrs. Kerlogue, the party taking under the deed, and this was sufficient;
she was bound, and no doubt did, communicate them to the plaintiff. His
affidavit is not entitled to credit. 1 Bay, 263; 15 John. 210; 18 John.
489.

JUDGES: GREEN, J., delivered the opinion of the court.

OPINION BY: GREEN

OPINION: GREEN, J., delivered the opinion of the court.

This is an action of detinue for a negro girl. The plaintiff claims
under a deed of trust executed to him on the 28th day of September,
1826, by which the negro was conveyed, by Elijah Harbour, to the
plaintiffs, to be held in trust for the benefit of his daughter Sally
Kerlogue. The negro had been placed in possession of Kerlogue about a
year before the execution of the deed, and the only question was whether
she had been given to Kerlogue when thus placed in his possession, or
whether she had been loaned only. There were several mistrials, and at
last a verdict for the defendants. The plaintiff moved for a new trial
upon two grounds: First, that the verdict was contrary to the evidence;
second, that he had discovered material evidence after the trial.

Upon the first ground, it is enough to say that the evidence as to
whether Harbour gave the girl to Kerlogue or not is very contradictory.
The juries have found so much difficulty in determining this fact that
there have been several mistrials. It would be going much further than
this court has ever gone, to order a new trial under such
circumstances.

2d. The second ground of newly-discovered evidence is not sufficiently
made out, as set forth in the plaintiff’s affidavit, to authorize a new
trial for that cause. The affidavit states that since the trial the
plaintiff has discovered that, when Elijah Harbour (the father) put the
negro girl into the possession of Kerlogue, he called upon two witnesses
to take notice that it was only a loan, and that [**6] he can prove
this fact by these witnesses; that their residence is distant, and he
cannot get their affidavits. When we take into consideration that there
had been several trials, that Elijah Harbour was in attendance as a
witness, that this fact was decisive of the cause, and that, if
witnesses existed who could prove it, they must have been within the
knowledge of Elijah Harbour, whose feelings must be supposed to be
strongly interested in the success of the plaintiff’s action, we must
either come to the conclusion that there is no truth in the affidavit,
or that there has been unpardonable negligence on the part of the
plaintiff. We cannot, therefore, on this affidavit, give a new trial. 18
John. 489.

Judgment affirmed.

Abstracted and submitted by Bill Page

Wayne County, TNGenWeb

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Wayne County Cases From Tennessee Supreme Court Files