Court in January 1852

Monday Jan. 5, 1852
State of Tennessee Wayne County§ Be it remembered that a Quarterly County Court was begun & 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 January AD one thousand Eight hundred and fifty Two when and where the following Justices were present and presiding. To wit D J JONES Chairman HAYNES LAFFERTY JOBE CARTER A MONTAGUE BARKER WILSON VOORHIES A.B. GANT WATKINS L B GANT CURTIS HOPSON BREWER HAM HUCKABY PHILIPS WHITTEN J MONTAGUE & HERRAN

A Settlement between William JONES Clerk of said Court and S L BURNS Adm’r with the Will annexed of the estate of Lemual POPE dec’d was this day submitted to the Court which was confirmed and ordered to be recorded

A settlement between Wm JONES Clerk of this Court and Solomon JOBE Guardian to the minor heirs of A MELSON decreased 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 William THORNTON Guardian to Wm R DUNCAN was this day submitted to the Court which was received by the Court and ordered to be recorded

A settlement between Wm JONES Clerk of this Court and John PHILIPS Guardian to the minor heirs of John WHITTEN decd was this day submitted to the court which was confirmed by the Court which was received [by the c – crossed out]

A settlement between Wm JONES Clerk of this Court and Isaac W HORTON Guardian to Mary A minor heir of Wm HORTON Dec’d was this day submitted to the Court which was confirmed and ordered to be recorded
[page 213 – Monday Jan’ 5 1852]

Washington CARTER et al§ Ex Parte Petition to Sell Slaves
Be it remembered that this cause came on for a further hearing before the worshipful county Court of Wayne County Tennessee on this 5th day of January 1852 upon the report of the Special Commissioner appointed [by – crossed out] at a former term of this Court which said report is in the words and figures following to wit
“The undersigned who was appointed to sell the slaves belonging to the Estate of Robert N MACK deceased (mentioned in the pleadings in this cause) by a decreetal order of your worshipful Court would submit the following Report
That on the first day of January 1852 he proceeded to sell said negroes pursuant to notice previously given as be said decretal order directed when said slaves were struck off and sold to Bennet COLE at the following prices the same being the highest and best bids to wit Lucy [or Levy/] at the price of $700.50 Hannah at the price of $476.50 and Lewis? at the price of 334.50 $1511.50 making in the agregate the sum of fiften hundred and eleven dollars and 50 cents and said Benet COLE executed his bond for the sum payable twelve months after this date thereof with James ARNETT as his security who is deemed good and sufficient All which is Respectfully submitted Jany 5 1852 //s// John McDOUGAL Comm’r”
Which being in no wise excepted to it is considered by the Court that said report be and the same is hereby in all things confirmed all other matters being reserved &c.

This day came John C. BLACKBURN Jesse S. ROSS Solomon JOBE Eli BYNUM James GRANT King PRATER and Elijah WARRINGTON who were appointed a jury of view at the December Term 1851 of this Court to view and mark out a second class road from the Turnpike road at or near the head of Eagle Creek to Carrollville in Wayne County and reported a road found as directed in the order issued from this Court whereupon the petition of Jonathan C ELLIOTT and thirty six others were presented in opposition of said road and proof being also heard by the Court as to the practicality and utility of said Road [It was considered by the Court that it is not practical to establish said Road – crossed out] Whereupon on motion to concur in the report of the Jury of view and establish the Road those who voted in the affirmative are David J JONES Chairman Solomon JOBE & W CARTER 3 those who voted in the negative are W HAYES W M LAFFERTY
[page 214 – Monday January 5, 1852]

A MONTAGUE J. C. G. WILSON J. P. VOORHIES J MONTAGUE & G HERRAN Noes 7 so said motion [road – crossed out] was lost Whereupon on motion it is ordered by the Court that Eli BYNUM John C. BLACKBURN and Solomon JOBE be made parties to this suit whereupon the said Eli BYNUM John C. BLACKBURN and Solomon JOBE pray an appeal to the next term of the Circuit Court of Wayne County Tennessee which is granted them they having entered into bond and security according to law.

A majority of the Justices of the peace of Wayne County present the Court proceeded to Levy a County Tax for said County and on motion of Lay said Tax of ten cents on [the evry – crossed out] each hundred dollars worth of Tax able property and twenty five cents on each Poll and fifty percent on the State Tax for all privileges for said County purposes and [A majority of – crossed out] the Justices aforesaid voting in the affirmative the motion carried and said Tax was Layed

A Settlement between William JONES Clerk of this Court and John LAMB guardian to the minor heirs of Washington JOHNSON Dec’d was this day submitted to the Court which was received and ordered to be recorded
Settlement between Wm JONES Clerk of this Court and A P PHILIPS Guardian to the minor heirs of John D KING deceased was this day submitted to the Court which was received by the Court and ordered to be recorded

A Settlement between Wm JONES Clerk of this Court and Leonard H GRIMES Executor of the estate of Wm W GRIMES Dec’d was this day submitted to the Court which was received by the Court and ordered to be recorded

Came William THORNTON Guardian to Wm R DUNCAN minor heir of William DUNCAN Dec’d into Court and renewed his bond in the sum of two thousand dollars with Brinkley HOPSON his security which was approved of by the Court and ordered to be recorded

Upon motion to appropriate to HOOD & ANDERSON and other the sum of fifty six dollars and sixty cents for Painting and Repairs &c on the Courthouse To Wit                                                                                                  Wm F LYNCH for HOOD & ANDERSON $28.70                                              HOOD & ANDERSON $12.20                                                                           GRIGGS & GRIMES $ .85                                                                                              A T HASSELL $12.80                                                                                               Wm LYNCH $ .75                                                                                                          A A FARRINGTON $1.37

Those who voted in the affirmative were D J JONES Chr. HAYNES JOBE LAFFERTY CARTER A MONTAGUE BARKER WILSON VOORHIES [A B GANT – crossed out] CURTIS WATKINS L B GANT HOPSON BREWER HUCKABY PHILIPS WHITTEN J MONTAGUE & HERRON 19 Noes none so said appropriation
[page 215 – Monday January 5, 1852]
was made to be paid our of any monies in the hands of the County Trustee not otherwise appropriated Issued

Upon the petition of Nathan BIFFLE it is ordered by the Court that A C RASBERRY James DURHAM John G HILL James E McKNIGHT William HILL John STOCKARD or any five of them be appointed a Jury of View and mark out a change in the road leading from Waynesboro to Ashland so as to [and – crossed out] run on the left hand side [so as to leave – crossed out] of the farm on which Joshua MATHENY now lives on and that they report the same to the April term of this Court Issued Febr 2, 1852

Ordered by the Court that W CARTER and Jesse S ROSS Commissioners appointed by this Court the sell certain Lots in the Town of Waynesboro pay the proceeds of said lots to the Treasurer of the Poorhouse Commissioners
Came Solomon JOBE Guardian to the minor heirs of A MELSON Dec’d into Court and renewed his bond in the sum of two hundreds with Elijah WARRINGTON his security which was received by the Court and ordered to be recorded

Ordered by the Court that John CHURCHWELL Jr be appointed overseer of the Road of second Class in the place of Wm. HOLLOWAY and that he have the [bounds in his d – crossed out] hands in the same bounds to work under his direction Issued Jan 21, 1852

Ordered by the Court that John H GRAVES be appointed overseer of the road of second Class in the place of Robert A ROBNETT and that he have the hands in the same bounds to work under his direction Issued Jan 8, 1852

Ordered by the Court that Wade H DEAN be appointed overseer of the road of first Class in the place of Isaac McGLAMERY removed and that he have the hands in the same bounds to work under his direction Issued Jan 8, 1852

Came Nathan C. DAVID into Court who was this day chosen and appointed Guardian to Isaac A. James and Pocahontas [ROBINSON – crossed out] the minor heirs of James ROBINSON Deceased and entered into Court in the sum of Thirteen thousand dollars with John S BURNS and Thomas H MABRY his securities which was approved of by the Court and ordered to be recorded Whereupon the said N C DAVID took the necessary oath for his qualification [in margin: Issued March]

Came D J JONES Administrator of the estate of John N. STAGGS Dec’d and returned into Court an Inventory and account of sales of said estate verified by his oath which was received by the Court and ordered to be recorded
[page 216 Monday January 5, 1852]

A majority of the Justices of the peace present the court proceeded to elect a Tax Collector for the present year 1852 Whereupon Thomas H MABRY was duly and lawfully elected

Came William RAY who was this day appointed administrator of the Estate of Stephen S RAY deceased and entered into bond in the sum of two hundred dollars with Albert G CLAY and George E. HUCKABY his securities which was approved of by the Court and ordered to be recorded Whereupon the said Wm RAY took the necessary oath for his qualification

A majority of the Justices present the Court proceeded to elect a Quorum for the present year 1852 and Whereupon David J JONES was duly Elected Chairman of said Court and Abraham MONTAGUE and Lewis B. GANT his associates to hold the Quorum County Courts for the twelve months next ensuing

Came Leonard H GRIMES who was this day appointed Guardian to the minor heirs of Elihu S GRIMES deceased and entered into bond in the sum of one hundred dollars with Bennet HALE and Isaac W ROSS his securities conditioned for the faithful performance of said Guardianship whereupon the said L H GRIMES took the necessary oath for his qualification

Upon the petition of John JACKSON it is ordered by the Court that the Sheriff of Wayne County summons a Jury not to consist of less than five nor more than twelve freeholders and unconnected with the parties therein Concerned to View and mark out a change in the road of second Class leading down forty eight mile Creek so as to leave the old road oposite John JACKSONs Jr field near the rock quarry and intersect the same about one fourth mile below and that they report the same to the April term of this Court Issued Febr 2, 1852

Ordered by the Court that Wm BURRIS be appointed overseer of the road of second Class in the place of Litle CHOAT and that he have the hands in the same bounds to work under his direction Iss. Jan. 8, 1852

Ordered by the Court that John RUTLEDGE be appointed overseer of the road of second Class in the place of Marcus COOK removed and that he have the hands in the same bounds to work under his direction. Iss’d Jan 8, 1852


Upon motion it is ordered by the Court that David MITCHELL and all the hands above him on Mitchells branch be released from working on the Waynesboro and Savannah road and that said hands and all in that bounds work on the road [under – crossed out] from the Turnpike road on Eagle Creek to the Stage road on Hardins Creek under George H REA

Ordered by the Court that John FUSON be appointed overseer of the road of first class in the place of Bethel FUSON and that he have the hands in the same bounds to work under his direction Issued Jan 8, 1852

Ordered by the Court that John H. EAST be appointed overseer of the road of first Class in the place of Isaac MORRIS and that he have the hands in the same bounds to work under his direction Issued Jan 8, 1852

Upon motion it is ordered by the Court that Abraham MONTAGUE and James ANDERSON be appointed County Commissioners for Wayne County to settle with the revenue officers for the year 1852

Ordered by the Court that Wm H HILL be appointed overseer of the road of second Class in the place of Elijah MATHENY and that he have the hands in the same bounds to work under his direction Issued Jan 21, 1852

Came James HOLLIS Administrator of the estate of Thomas GIST deceased and suggested to the Court in writing the Insolvency of said estate alledging that there has been more claims presented against said estate than there are means to pay [the Court – crossed out] and prays the court to make such orders in the case as is required by the laws in such cases It is therefore ordered by the Court that the said James HOLLIS Administrator as aforesaid give notice by advertisement in the Messenger a newspaper published in the town of Lawrenceburg in the State of Tennessee for 3 successive weeks the last of which shall be three months before the first Monday in January 1853 and also at the Courthouse door in the town of Waynesboro in County of Wayne in said state notifying all persons having claims against said estate to appear and file their claims with the Clerk of the County Court of Wayne County Tennessee duly authenticated on or before the first Monday in January 1853 or the same will be forever barred
[page 218 Monday January 5, 1852]

Upon motion to appropriate to Abraham HENRY the sum of seven Dollars for building a Chimney at the poorhouse in Wayne County Those who voted in the affirmative were D J JONES Chr HAYNES LAFFERTY CARTER A MONTAGUE BARKER WILSON VOORHIES A B GANT WATKINS L B GANT CURTIS HOPSON BREWER HUCKABY PHILIPS WHITTEN J MONTAGUE & HERRON 19 Noes none so said appropriation was made and ordered to be paid out of any monies in the hands of the Treasurer of the Poorhouse not otherwise appropriated. Iss’d Jan 1852

On motion to appropriate to [to – crossed out] Jonathan MORRIS the sum of thirteen dollars twelve & one half cents for goods furnished for Poorhouse purposes Those who voted in the affirmative were D J JONES Chr. HAYNES LAFFERTY CARTER A MONTAGUE BARKER WILSON VOORHIES A B GANT WATKINS L B GANT CURTIS HOPSON BREWER HUCKABY PHILIPS WHITTEN J MONTAGUE & HERRON 19 Noes none so said appropriation was made to be paid out of any monies in the hands of the Treasurer of the Poorhouse Commissioners not otherwise appropriated Iss’d Jan 27, 1852

On motion to appropriate to Henry MORRIS the sum of Eleven dollars and fifty cents for servis & medicine for the paupers of Wayne County Those who voted in the affirmative were D J JONES Chr HAYNES LAFFERTY JOBE CARTER A MONTAGUE BARKER WILSON VOORHIES A B GANT WATKINS L B GANT HOPSON CURTIS HUCKABY PHILIPS WHITTAN J MONTAGUE & HERRON 19 Noes none so said appropriation was made to be paid out of any monies in the hands of the Poorhouse Treasurer not otherwise appropriated Iss’d Jan 27, 1852

On motion to appropriate to D J JONES William M LAFFERTY and George W BARKER each the sum of twelve dollars for their services for holding the Quorum Courts for Wayne County the year 1851 Those who voted in the affirmative were D J JONES Chr HAYNES LAFFERTY CARTER A MONTAGUE BARKER VOORHIES L B GANT HOPSON J MONTAGUE & HERRON 11 Noes WILSON CURTIS HUCKABY PHILIPS & WHITTEN 5 So said appropriation was made to be paid out of any monies in the hands of the Trustee of said County not otherwise appropriated Iss’d Jan 1852

Upon motion it is ordered that Court adjourn till tomorrow morning 9 Oclock //s// D J JONES Chair A. MONTAGUE L. B. GANT


[page 219 Tuesday January 6, 1852]
Court met according to adjournment
Present and Presiding [to wit – crossed out] David J. JONES Chairman A. MONTAGUE and L B GANT his associates

A Settlement between Wm JONES Clerk of this Court and Joacim DUGGER Guardian to William M Malinda K and Sarah A minor heirs of George CROSSNO dec’d was this day submitted to the Court which was confirmed and ordered to be recorded

Upon the petition of Lewis B. GANT it is ordered by the Court that the Sheriff of Wayne County summons a Jury of View to consist of not less than five nor more than twelve freeholders & unconnected to the persons concerned to view and mark out so as to change the road of second Class leading up Indian Creek leaving the old road below said GANTs plantation and runn up on the west side of said Creek and intersect the same near the forks of the road above said GANTs plantation and that they report the same to the April term of this court Iss’d Febr 8, 1852

A Settlement between Wm Jones Clerk of this Court and James M RAMSEY Administrator of the estate of John N SHIELDS dec’d was this day submitted to the court which was confirmed by the Court and ordered to be recorded

Upon motion it is ordered by the Court that David J JONES Abraham MONTAGUE & George W BARKER be appointed Commissioners [to super – crossed out] to superintend the Poor house in [said – crossed out] Wayne County for the year 1852 and that David J JONES be appointed Treasurer of said board of Commissioners Whereupon the said D J JONES entered into bond in the sum of one thousand dollars with A MONTAGUE his security which was received by the Court and ordered to be recorded Whereupon the said D J JONES and A MONTAGUE took the necessary oaths for their qualifications

It is ordered that Court adjourn till Court in course //s// D J JONES Chair A. MONTAGUE L. B. GANT