Court in October 1851

Monday October 6th 1851
Be it remembered that a Quarterly County Court was began & held for the County of Wayne at the Court House in the Town of Waynesboro on the sixth day it being the first Monday in October in the year of our Lord one thousand Eight hundred and fifty one When and where the following Justices were present and presiding to wit D J JONES Chairman LAFFERTY BARKER HAM HAYNES A B GANTT [B HAM – crossed out] Solomon JOBE, John MONTAGUE, George G HERRON, L B GANT, A J BREWER C W POPE PHILIP & CARTER

It appearing to the Court that Elizabeth DICKSON [WARREN – crossed out] wife of Samuel DICKSON has died in [this – crossed out] Wayne County intestate And the said Samuel DICKSON having this day come into open Court and renounced his right to administer upon the separate estate of his said wife and Thomas WARREN [having – crossed out] son of the said Elizabeth having applied to this Court for Letters of Administration upon the separate estate of said Elizabeth WARREN It is therefore ordered by the Court that Letters of Administration upon the goods and chattles rights and credits of said Elizabeth WARREN upon his entering into bond and security as required by law and came into Court said Thomas WARREN and William POLLARD and John M McDOUGAL his securities and entered into bond in the [sum – crossed out] the penal sum of four thousand dollars conditioned for his faithful administration of said estate which bond was duly acknowledged in open Court by said Thomas WARREN William POLLARD and John McDOUGAL and approved by the Court And thereupon the said Thomas WARREN was duly sworn in open Court Faithfully to discharge his duty as such Administrator as prescribed by law

James ARNETT Guardian to A P KINDEL minor heir of Guston KINDEL deceased came into Court and renewed his Bond in the sum of four hundred dollars with G W BARKER his security which was approved of by the court and ordered to be recorded

Ordered by the Court that John HARDIN be appointed Overseer of the road of Second Class in the place of Daniel BRYSON removed and that he have the hands in the same bounds to work under his direction Isued Oct 7, 1851
Ordered by the Court that William KEATON be appointed overseer of the road of second [road – crossed out] Class in the place of Luke LEE and that he have the hands in the same bounds to work under his direction Isued Oct. 7, 1851

[page 197] Monday Oct 6, 1851
Ordered by the Court that Henry HOLT be appointed overseer of the road of second Class in the place of Jesse HALFORD and that he have the hands in the same bounds to work under his direction Iused Oct 1851

A settlement between Wm JONES Clerk of this Court and Josiah ROBINSON Guardian to the minor heirs of Enoch JAMES Dec’d was this day submitted to the Court which was rec’d by the Court and ordered to be recorded

A settlement between William JONES Clerk of this Court and D J JONES Guardian to Giles VANSANT 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 James ARNETT Guardian to Alfred P KINDEL minor heir of Guston KINDEL dec’d was this day submitted to the Court which was confirmed and ordered to be recorded

Upon the petition of Wm POLLARD Administrator of the estate of Jacob A KEATON deceased [amend – crossed out] it is ordered by the Court that said Administrator amend his settlement with the Clerk of this Court

Came Wm M LAFFERTY and others who was at a former term of this Court appointed Commissioners to allot and set apart to the widow of John ALTOM deceased one years support and reported accordingly which was received by the Court and ordered to be recorded

Came D J JONES Administrator of the estate of Cynthia STOCKARD 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

Came D K HOOD and others who was at a former term of this Court appointed to lay off to Samuel STOCKARD minor heir of Cynthia STOCKARD deceased a support for one year and reported accordingly which was received and ordered to be recorded

Came Wm BENHAM Administrator of the estate of John ALTOM deceased and returned into Court and Inventory and Accounts of sales verified by his Oath which was received by the Court and ordered to be recorded

Came C B McLEAN Administrator of the estate of Henry GRIMES deceased and returned into Court an Act. of second sale of said estate verified by his Oath which was received by the Court and ordered to be recorded

Came John McDOUGAL and other who was at a former term of this Court appointed Commissioners to lay off to the widow of Lemuel ASKEW deceased one years support for herself & family and reported accordingly which was received by the Court and ordered to be recorded

[page 198] Monday Oct. 6 1851
George G HERRON who was duly elected a Justice of the Peace for Wayne County by the qualified voters of the fourteenth Civil District thereof came into Court and presented to the Court his Commission And Whereupon the said George G HERRON Took the necessary oaths for his qualification and took his seat on the bench

On motion to appropriate to John McDOUGAL Clerk of the Circuit Court and others their fee respectively in certain bills of Cost against Wayne County which are duly certified to wit
State of Tennessee vs                                                                                            Peter PRINCE§                                                                                                         John McDOUGAL $7.81½                                                                                           R A HILL $5.00                                                                                                          Rial BREWER $2.75                                                                                                  L[or S] I DAVIS $4.01

Isued Oct 10, 1851
State of Tennessee vs                                                                                             John STRICKLIN§                                                                                                    John McDOUGAL $7.81¼                                                                                            R A HILL $5.00                                                                                                          Rial BREWER $3.16½                                                                                               Wm B ROSS $19.87                                                                                                       C A ACKLIN $ .75                                                                                                    Thos. S CURTIS $1.50                                                                                                     I H STRICKLIN $2.46                                                                                                     James MARTIN $3.50                                                                                                  John HAYES $3.50

Isued Oct 10, 1851
State of Tennessee vs                                                                                         Robert MACKEY§                                                                                                       John McDOUGAL $6.25                                                                                                R A HILL $5.00                                                                                                                E H PUGH $ .50

State of Tennessee vs                                                                                                     Adam GREENFIELD§                                                                                                    John McDOUGAL $6.25                                                                                                R A HILL $5.00                                                                                                              E H PUGH $ .50

State of Tennessee vs                                                                                            Wiley HALE§                                                                                                              John McDOUGAL $7.25

Isued Oct 10, 1851
State of Tennessee vs                                                                                            Wiley HALE§                                                                                                           John McDOUGAL $7.25

Isued Oct 10, 1851
State of Tennessee vs                                                                                                     Gray BRYANT§                                                                                                         John McDOUGAL $5.25                                                                                                R J CYPERT $1.25                                                                                                          R. BREWER $ .25

Iss’d Oct 10, 1851
State of Tennessee vs                                                                                                   Gray BRYANT§                                                                                                                J McDOUGAL $5.50                                                                                                       R J CYPERT $2.50                                                                                                           R BREWER $ .25

Iss’d Oct 10, 1851
State of Tennessee vs                                                                                                   Gray BRYANT§                                                                                                                J McDOUGAL $5.25                                                                                                      L L MACK $1.25                                                                                                             R BREWER $ .25

Iss’d Oct 10, 1851
State of Tennessee vs                                                                                                 Gray BRYANT§                                                                                                                J McDOUGAL $5.25                                                                                                       L L MACK $1.25                                                                                                           R. BREWER $ .25

Iss’d Oct. 10, 1851
State of Tennessee vs                                                                                                     Gray BRYANT§ & A I SNOW§                                                                                       J McDOUGAL $5.25                                                                                                      R J CYPERT $2.50                                                                                                            R. BREWER $ .25

Iss’d Oct. 10, 1851
[page 199] Monday Oct. 6th 1851
State of Tennessee vs                                                                                                  Gray BRYANT§                                                                                                                J McDOUGAL $5.25                                                                                                       R J CYPERT $1.25                                                                                                     BREWER $ .25

Iss’d Oct 10, 1851
State of Tennessee vs                                                                                                     Henry G MORRIS§                                                                                                         J McDOUGAL $17.30                                                                                               Wm. POLLARD $1.00                                                                                                   E H PUGH $ .50                                                                                                      Jasper N. FOREHAND $9.05                                                                                  John GRIMES $2.25

Iss’d April 13, 1852
State of Tennessee vs                                                                                          Henry G. MORRIS§                                                                                                        J McDOUGAL $14.43¾                                                                                       POLLARD $1.75                                                                                                             E H PUGH $ .25                                                                                                        John GRIMES $ .25                                                                                                 Jesse G GRIMES $1.50

Iss’d Oct. 10, 1851
State of Tennessee vs                                                                                              Wm SCOTT§                                                                                                             John McDOUGAL $8.12½                                                                                           E H PUGH $ .50

Iss’d Oct 10, 1851
State of Tennessee vs                                                                                       William DIXON§                                                                                                            J McDOUGAL $4.25                                                                                                       R BREWER $ .25

Issued Oct 10, 1851
State of Tennessee vs                                                                                                     David LITTLETON§                                                                                                       J McDOUGAL $8.37

Isued Oct 10, 1851
Those who voted in the affirmative were D J JONES Chr, LAFFERTY, BARKER, HAYNES, JOBE POPE CARTER A B GANT BREWER HAM J. MONTAGUE & HERRON 12 Noes none so said appropriation was made to be paid out of any monies in the hands of the County Trustee not otherwise appropriated

This day the non cupative will of James W STANDFIELD was produced in Court and proven to be the last will and testament of said James W STANDFIELD by John W SHULL Robinson TALLY and P. S STANDFIELD who after having been duly sworn deposed and said that they were acquainted with said James W STANDFIELD on the 22d day of August 1851 during his last sickness and in his own dwelling house in said County and in their presence they being be him called upon [by – crossed out] them and particularly the said John W. SHULL made the following deposition of his property to wit that it was his will and desire that his father and John W SHULL should administer upon his effects and take care of his children and keep them together on his plantation and that all his household property should be kept for their benefit also two cows to wit one called pink and the one called the Gillis cow also one filly to be kept with the children for their use & benefit the ballance sold and
[page 200] Monday Oct 6th 1851
his matters settled up and all his debts paid off The children to be kept on his place if they could be satisfied if not the land to be rented our until the youngest child come of age that he died the same day that it was made that at the time said testator was of disposing mind and memory and not under any undue influence that the said non cupative will was reduced to writing by them and signed by them on the 30th day of August 1851 It is therefore ordered by the Court that the noncupative will be established and that the same as committed to writing by said witnesses be recorded and thereupon William STANDFIELD and John W SHULL the executors nominated in said will applied for Letters testamentary upon said Will and they having entered into bond in the penal sum of fifteen hundred dollars with John A STANDFIELD William WEST T H DICKERSON and Robinson TALLY as their securities conditioned for their faithful execution of the trusts in said will which bond was acknowledged in open Court and which was duly approved by the Court It was therefore ordered by the Court that Letters Testamentary issue to said Executors accordingly And thereupon the said John W. SHULL and William STANDFIELD were duly sworn [to – crossed out] faithfully to execute the trusts of said will

Came Wm BENHAM and others who was at a former term of this Court appointed a Jury to View and mark out so as to change the road of 2d Class through the lands of N F JOHNSON and report a road found as directed in said order which was received by the Court and ordered to be recorded
On motion to appropriate to A C McDOUGAL the sum of Twenty five dollars for his services as one of the commissioners appointed to superintend the building of the Court house Those who voted in the affirmative were D J JONES Chr LAFFERTY BARKER HAYNES JOBE POPE CARTER BREWER J MONTAGUE HAM & HERRON 11 Noes A B GANT 1 So said appropriation was made to be paid out of any monies in the hands of the County Trustee not otherwise appropriated Iss’d Oct 20

Upon petition of M J SIMS and others it is ordered by the Court that Bennett COLE James ARNET Daniel HELTON S L SHIELDS Joseph EAST D K HOOD & Cyrus TYREE be appointed a Jury to View and mark out a change in the Road leading from Waynesboro to Gibbs Wool Factory so as to go down the left hand side of the
[page 201] Monday Oct 6, 1851
ridge north of John L FOWLERs Residence and that the[sic] report to the January Term of this Court and that order isue [from page 200 Isued Oct 8, 1851]

Upon the petition of Wm Melton & others it is ordered by the Court that A J BREWER Jefferson BREWER Wilie BREWER Jr G W BREWER Lewis BREWER A J RISNER or any five of them be appointed a Jury to View and mark out so as to change the road of 2d Class leading down Butlers Creek so as to leave the Florence Road between P W HENSLEYs house and the house of William MELTON and run on the west sid[sic] of said MELTONs plantation and intersect the old road below Wm MELTONs plantation And that they report they same to the January term of this Court and that order Issued Oct 8, 1851

Open motion to appropriate to William JONES Clerk of this Court the sum of forty three dollars Eight one cents for services rendered making Tax book &c the 1851 Those who voted in the affirmative were D J JONES Chr LAFFERTY BARKER HAYNES JOBE A B GANT BREWER PHILIPS J MONTAGUE HAM & HERRON 11 Noes none So said appropriation was made to be paid out of any monies in the hands of the County Trustee not otherwise appropriated Issued Oct 13, 1851

A majority of the Justices of the peace present Came Rial BREWER Collector of the public Taxes of Wayne County the present year 1851 and reported to the Court the amount of Removals and insolvencies to the amount of ten 51/100 [Eight – crossed out] dollars [and thirty two and one fourth cent – crossed out] State and [Eighteen 81/100 dollars – crossed out] Twenty 76/100 dollars County Tax which report was received and ordered to be recorded Iss’d Dec 1, 1851

Came C F DIXON into Court and resigned his office as Constable of the Twelfth Civil district of Wayne County which was received by the Court and ordered to be recorded

Upon motion to appropriate to A T HASSELL the sum of Eleven dollars and ninety five cents for 116 llbs Bacon and Tobacco furnished the poorhouse commissioners July the 15th and 25th 1851 Those who voted in the affirmative were D J JONES Chr LAFFERTY BARKER HAYNES JOBE CARTER GANT L B GANT J. MONTAGUE & HERRON 10 Noes none so said appropriation was made to be paid out of any monies in the hands of the County Trustee not otherwise appropriated Issued Oct 20, 1851


Upon motion it is ordered by the Court that David COOK Wm HAWK and A B GANT be appointed Commissioners to allot and set apart to the minor heirs of James W STANFIELD deceased under the age of fifteen [fourteen – crossed out] years old so much of the stock crop provisions and moneys as shall be sufficient for the support of said heirs one year from the death of their said father and that they report the same to the next term of this Court Issued Oct 13 1851

[page 202] Monday Oct. 6, 1851
It appearing to the Court that John S STANFIELD who is a citizen of the County of Wayne is unable to procure the means of living by manual labor from bodily infirmity and it further appearing to the Court that said STANFIELD is in indigent circumstances and has no other means of support Is it therefore ordered by the Court a majority of all the Justices present [and – crossed out] that the said John S STANFIELD is hereby authorized and empowered to hawk and peddle or Merchandize without License in the said County of Wayne and State of Tennessee provided said STANFIELD shall take an oath before the Clerk of this Court that he will not retail the Goods of any other persons directly nor indirectly but that the goods sold by him shall be exclusively his own and provided further that this shall be no authority to said STANFIELD to sell Spiritous Liquors or Clocks without obtaining a License therefore Isued Jan 17, 1852


Personally appeared in open Court Buckly HAM Administrator of the estate of William HEFFINGTON deceased and suggested the insolvency of said estate It is therefore ordered by the Court that said administrator give notice in the Nashville Weekly Union a public Newspaper published in the Town of Nashville in said State for three successive weeks and also by a written notice on the Court house door in the Town of Waynesboro for all those creditors of said estate to come forward and file their claims on or before the first Monday in October 1852 with the Clerk of this Court properly authenticated or they will be for ever barred


On motion it is ordered by the Court that George W BROWN J C ELLIOTT and S[?] H GRIMES be appointed Commissioners to allot and set apart to Mahuldah Maranda and Jincy Minor heirs of Dilly GOFORTH deceased and under the age of fifteen [fourteen – crossed out] years so much of the stock crop provision and money as will be sufficient for one year support for said minors from the death of their said Mother and that they report the same to the same to the November term of this Court that Order Isue accordinly Isued Oct 13, 1851

Came Wm BENHAM into Court who was this day appointed Admr. of the estate of Dilly GOFORTH deceased and entered into bond in the sum of Eight hundred dollars with Jacob BENHAM AND Rial BREWER his securities which was received by the Court and ordered to be recorded Whereupon the said Wm BENHAM took the necessary oath for this qualification

A settlement between Wm JONES Clerk of this Court and David TACKETT Guardian to the minor heirs of Wiley B TACKETT deceased was this day submitted to the Court which was confirmed by the Court and ordered to be recorded
[page 203] Monday Oct. 6, 1851

Came David TACKETT Guardian to the minor heirs of W B TACKETT Deceased and renewed his bond in the sum of Two hundred dollars with R BREWER and C ACKLIN his securities which was received by the Court [which was rec – crossed out] and ordered to be recorded
On Motion [Came D J JONES – crossed out] it is ordered by the Court that James ANDERSON D. J. JONES and John McDOUGAL by appointed Commissioners to allot and set apart to Rachel MERRYMAN widow of Eli MERRYMAN deceased so much of the stock crop [stock – crossed out] provision and money as shall be sufficient for the support of herself and family for the term of one year from the death of her said husband and that they report the same to the November term of this Court and that Order Isue accordingly
Rachel MERRYMAN Widow of Eli MERRYMAN deceased this day relinquished her right of Administration on said estate in writing to the Court and request the Court to appoint Joacim DUGGER adm’r on said Estate And Whereupon the said Joacim DUGGER came in to Court and entered into bond in the sum of Twenty five hundred dollars with John McDOUGAL and Stephen BIVENS his securities and whereupon the said DUGGER and each of his securities came into Court and acknowledged the execution of said Bond which was received by the Court and ordered to be recorded And whereupon the said Joacim DUGGER took the necessary Oath for his qualification

Ordered by the Court that the commissioners appointed at a former term of this Court to superintend the painting of the Court house also have the windows of said house [the Entry Takers Office in said house – crossed out] repaired [in said – crossed out] except the offices occupied by the Clerks & Register

Ordered by the Court that George W CABB be appointed overseer of the road of first Class [in the place of – crossed out] leading from Waynesboro to Savannah in the place of Green WILSON and John L. FOWLER [and Issac MORRIS – crossed out] that he work from [the – crossed out] Waynesboro to the four mile post and that he have the hands in the same bounds of the said WILSON & FOWLER to work under his direction Isued Oct 7, 1871

Ordered by the Court that Alison HUGHLING be appointed overseer of the road of second Class in the place of C H HUGHLING and that he have the hands in the same bounds to work under his direction Isued Oct 7, 1851

Ordered by the Court that Pleasant MORGAN be appointed overseer of the road of 2d Class in the place of Andrew CASTEEL and that he have the hands in the same bounds to work under his direction Isued Oct 7, 1851

Ordered that Court adjourn till to morrow [morning – crossed out] at one O’clock //s// D J JONES Chair G W BARKER W. CARTER

[page 204] Tuesday Oct. 7, 1851
Court met according to adjournment Present D J JONES Ch’r CARTER & BARKER his associates

The Widow of Wm C McBRIDE deceased this day relinquished her right to administer on the said estate and request the Court to appoint James E. McKNIGHT in writing and Whereupon the said James E. McKNIGHT came into Court and entered into bond in the sum of six hundred dollars conditioned for the faithful performance of his Administration with D J JONES and C ACKLIN his securities and whereupon the said McKNIGHT and each of his said securities came into open Court and Acknowledged the execution of said bond which was received by the Court and ordered to be recorded Where upon the said McKNIGHT took the necessary oath for his qualification

Came into Court T G ALLEN who has been appointed deputy Sheriff of Wayne County by Rial BREWER Sheriff of said County and took the necessary Oaths for his qualification

Ordered by the Court that the following good and lawful men of the County of Wayne and State of Tennessee be appointed and summonds by the Sheriff of said County to be and attend at the next term of the Circuit Court to be held for the County of Wayne [and – crossed out] at the Court house in the Town of Waynesboro on the fourth Monday in January next (To wit) William HARDIN Spencer LOYD Edmund B THROGMARTIN Andrews WILLIAMS Thomas FRANKLIN Washington CARTER Stephen BIVENS George W BARKER William BENHAM Elijah D. BIFFLE George KYLE Samuel MARTIN C. C. COOK [James B ANDERSON – crossed out] Carroll H. HUGHLING A PHILIPS Thomas ADAMS Wallis HAYES Soloman BREWER Jr A. J. BREWER Micajah McGEE John B DIXON Josiah DARBY George G HERRON John SPEER King PRATER and that Jacob B BIFFLE and James B DAVIS be appointed and summonds to attend as Constables and wait on the Court and that Venirafacious Isue returnable to said Court Iss’d Oct. 27, 1851.

Came into Court John McDOUGAL who was appointed deputy Clerk of the County Court of Wayne County by William JONES Clerk and took the necessary Oath for his qualification


Ordered that Court adjourn till Court in Course //s// D J JONES Chair G W BARKER W. CARTER