Court in April 1851

Monday, April 7th 1851.

State of Tennessee Wayne County§ Be it remembered that a quarterly County Court was began and held for the County of Wayne at the Court house in the town of Waynesboro on the 7th day it being the first Monday in April in the year of our Lord one thousand Eight hundred and fifty one Where and when the following Justices present and presiding to wit David J JONES Chairman LAFFERTY CARTER CURTIS BARKER MONTAGUE YOUNG WILSON VOORHIES A B GANT CYPERT L B GANT BREWER HAM DIXON & HUCKABY

Came Rial BREWER Sheriff and Collector of the public taxes for Wayne County for the year 1851 and entered into the following bonds To with [here follows the standard bond. Bondsmen were Rial BREWER, Isaac MORRIS, George T. FREDEKING, John McDOUGAL, C B McLEAN, & G. W. BARKER. The bond was signed as follows //s// Rial BREWER, Isaac MORRIS, George Th FREDEKING John McDOUGAL G W BARKER C B McLEAN]

And the said Rial BREWER and each of his securities came into Court and acknowledged the execution of said bond for the purposes there specified which was received by the Court and ordered to be ordered

Monday April 7th 1851

State of Tennessee [Tennessee – crossed out] Wayne County

[here follows a second bond for Rial BREWER with the same securities for the same offices]

Ordered by the Court that William JAMES be appointed overseer of the road of 2d Class in the place of William FOWLER and that he have the hands in the same bounds to work under his direction. Isued April 9th 1851

Upon the petition of M B FOWLER & others it is ordered by the Court that the Sheriff of Wayne County summons a Jury to consist of not less than five nor more than twelve freeholders to view and [marked – crossed out] and report the expedience of desannuling the new road and opening the old road from Baker CYPERTs to John McGLAMERYs and that they report the same to the July term of this Court Isued April 9, 1851

A settlement between William JONES Clerk of this Court and Ibby G. GALLAHER Guar. of the minor heirs of John GALLAHER Dec’d was this day submitted to the Court which as confirmed by the Court and ordered to be recorded

Monday April 7th 1851

Upon motion to appropriate to W CARTER the sum of four 50/100 dollars for making Coffin & c for U STAGGS a pauper who died at the poorhouse in said County those who voted in the affirmative D J JONES Chr. LAFFERTY YOUNG BARKER L B GANT DIXON & HUCKABY(7) Noes none So said appropriation was made to be paid out of [the – crossed out] any monies in the hands of the County trustee not otherwise appropriated Isued April 9, 1851

Ordered by the Court that Lewis DICUS be appointed overseer of the Road of 2d Class in the place of [Lewis DICUS – crossed out] Larkin GRIMES and that he have the hands in the same bounds to work under his direction

Upon the petition of King PRATER and Henson RAY it is ordered by the Court that the line dividing the first & second Districts of Wayne County be so changed as to run with Morrison [Creek – crossed out] Branch of Beech Creek attaching the said King PRATER and Henson RAY to the first district

Ordered by the Court that Abraham MONTAGUE & Jonathan MORRIS be appointed Commissioners to settle with the County officers of Wayne County for the year 1851 in the place of A MONTAGUE and James ANDERSON

Upon motion to appropriate to Jonathan MORRIS the sum of three 40/100 dollars for furnishing articles for paupers for Wayne County Thos who voted in the affirmative were D J JONES Chr LAFFERTY CARTER YOUNG BARKER VOORHIES CYPERT L B GANT DIXON & HUCKABY 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 Isued April 9, 1851

Upon motion to appropriate to R BREWER the sum of 4 15/100 for Wood Broom &c furnished the Court Room for 1851 those who voted in the affirmative were D J JONES Chr. LAFFERTY CARTER YOUNG BARKER VOORHIES CYPERT L B GANT DIXON & HUCKABY 10 Noes none So said appropriation was made to be paid out of any monies in the hands of the County trustee not other wise appropriated Isued April 9 1851

The Last Will & testament of Robert S CYPERT deceased was this proven in open Court by the oath of T M WHITTON & Osborn REEVES Subscribing witnesses thereto which was confirmed by the Court and ordered to be recorded Where upon came James B ANDERSON Executor appointed in said will and entered into bond in the sum of four hundred dollars with T.M. WHITTON his security which was approved of by the Court and ordered to be recorded whereupon the Court ordered Letters to Isue to the said James ANDERSON accordingly and where upon the said James ANDERSON took the necessary oath for his qualification

Monday April 7th 1851

Upon motion to appropriate to Henry MORRIS the sum of forty 75/100 dollars Chr. Bill for waiting on J J BOYD a pauper who died at the Poorhouse in said County Those who voted in the affirmative were D J JONES Chr. LAFFERTY CARTER YOUNG BARKER CYPERT L B GANT DIXON & HUCKABY 9 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 April 9, 1851

Ordered by the Court that Charles M THOMPSON be appointed overseer of the road of 2d Class in the place of Ed SHIPMAN removed and that he have the hands in the same bounds to work under his direction Isued April 9, 1851

Ordered by the Court that John MASSEY be appointed overseer of the road of 2 Class and that he work from the Cross roads near Esqr BREWERs to the County line and that he have John CANNENS[?] James BENNETT Nathan BENNETT James McGAW John BENNETT Hezakeah MASSEY Peter PRINCE and all the hands in that bounds to work under his direction Isued April 9, 1851

Ordered by the Court that Joseph G GALLAHER be appointed Overseer of the Road of 2d Class in the place of John LEE and that he have the hands in the same bounds to work under his direction Isued April 9, 1851

Ordered by the Court that Thompson M MORGAN 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 directions Isued April 9, 1851

Ordered by the Court that Henderson WHITE be appointed overseer of the road of 2d Class in the place of Henderson DICKERSON and that he have the hands in the same bounds to work under his directions Isued April 9, 1851

Came W W GRIMES Guardian to the minor heir of James GRIMES dec’d and renewed his bond in the sum of five hundred and fifty dollars with Wm. M LAFFERTY and Wm F CROMWELL his securities which was rec’d by the Court and ordered to be recorded

Ordered by the Court that Robert A ROBNETT be appointed overseer of the road of 2d Class in the place of Solomon PHILIPS and that he have the hands in the same bounds to work under his direction Isued April 9, 1851

Ordered by the Court that Elias BECKHAM be appointed overseer of the road of 2d Class in the place of Lemuel PANNEL removed and that he have the hands in the same bounds to work under his direction Isued April 9, 1851

Ordered by the Court that Green WILSON the overseer of the road of 1st Class open and keep open the road [of as – crossed out] Viewed and marked out by G W BARKER and others a Jury appointed to change the road at the head of the branch above Wm ARNOLDs Isued April 9 1851

Monday April 7th 1851

Came Geo. R. BIFFLE and others who at aformer term of this Court a Jury to view and mark our a change in the road of 2d Class reading dow[sic] Buffalo from Ashland and report a change found as directed in said order And if is [further – crossed out] ordered by the Court that A C RASBERRY be appointed overseer to open and keep up said in the place of J F STOWE and that he have the hands in the same bounds to work under his direction Isued April 9, 1851

Came James DICKEY and others a Jury of View summonds to view a change in the Waynesboro & Savannah road near Wm J GRIMES and report a change found as directed in said order

Came Nathan BIFFLE and others who was appointed a Jury to View and mark out a change in the road of 2d Class leading down 48 Mile Creek near Wm B WALKERs And report a road found as directed in said order

[Came into court T M WHITTON who was on the 27th Feb. 1851 duly elected Constable of Wayne County by the qualified Voters of the 10th Civil District to fill the unexpired term of Lasson HAYES removed and entered into the following bond to wit§ – this entire entry marked error]

James M RAMSEY et als Exparte§ Petition to sell land and for Dower

Be it remembered that this cause came on this day a further hearing before the Worshipful David I JONES William LAFFERTY W CARTER and others Justices &c. present and presiding upon the report of the Clerk & Master & special commissioner and report of the Surveyor & commissioners which reports being unexcepted to and in all things confirmed and are in the words and figures following to wit

James M RAMSEY et als Exparte§ The undersigned Clerk & Master and special commissioner in this cause would respectfully report to your Worships that in obedience to a decretal order made at your February term 1851 after having given the notice and upon the terms therein mentioned he on the 8th day of March 1851 [after having given the notice and upon the terms therein mentioned – crossed out] sold the lands mentioned in said order when Mary H. SHIELDS being the highest and best bidder therefor became the purchaser of all the said lands lying upon Green River and described in the petition in this cause in exhibits A & C subject to the dower of the said Mary H SHILDS[sic] at the sum of $50-00 [$50.00?] who executed her bond with Samuel R LAIRD security thereto payable twelve months

Monday April 7th 1851

after date And Henry H HUNTER at the same time being the highest and best bidder therefor became the purchaser of the lands mentioned in said petition lying on Chalk Creek and described in exhibits B & D at the price of $214-00 who executed his bond for the same payable twelve months after date with John McDOUGAL security thereto both of which securities are decreed good and sufficient a lien being retained upon said lands until said purchase money is paid. All of which is respectfully submitted this April 7 1851 //s// William JONES Clk

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State of Tennessee, Wayne County§ By order of the Court Court of Wayne County February term 1851 We Jesse S ROSS Surveyor Joseph EAST and John R HELTON Commissioners to allot and set apart to Mary H SHIELDS her dower out of the lands of John N SHIELDS her deceased husband after having understood the whole matter have proceeded to run and mark off 132½ acres as her dower beginning at the South West corner of James HELTONs 155 acres Entry Running South passing TURNERs So East corner at 2 poles in all 25 poles to a large poplar Thence East 32º South 32 poles to a Rock hickory and sweet gum pointers, Thence South 40 poles to a chesnut[sic] Thence east 10º south 126 poles to a stake Thence north 110 poles to the S B lines of A G McDOUGAL Entry Thence West on McDOUGAL & HELTON S B 175 poles to the beginning including the improvements lots dwelling houses &c being in our Judgement the one third part in value of the real estate of John N SHIELDS deceased died seized and possessed of Given under our hands this Feb 27th 1851 //s// Jesse S ROSS Surveyor Joseph EAST John R HELTON

It is therefore ordered and decreed by the Court that all the right and title to the use and occupation of in and to said land above laid out and allotted to said Mary H. SHIELDS be divested out of the said petitioners heirs at law of said John N SHIELDS be

[divested out of them – crossed out]

and that the same be vested in said Mary H SHIELDS and her assigns for and during her natural life It is further ordered and decreed by the Court that [all other matters be reserved until said purch – crossed out] and all other matters be reserved until said purchase money is paid

Monday April 7th 1851

T M WHITTON who was on the 27th Febr. 1851 duly and legally elected Constable of Wayne County by the qualified voters of the 10th Civil District thereof to fill the unexpired term of Lawson HAYS removed came into Court and entered into the following bond to wit

[standard bond follows. Securities were T H MABRY James B ANDERSON and Wm B ROSS. Bond was
for $4000.00]

And the said T M WHITTON T H MABRY and Wm B ROSS came into Court and acknowledged the execution of said Bond and the Court approved of the same and ordered it to be recorded Whereupon the said WHITTEN took the necessary Oaths for his qualification

Upon motion to appropriate to Rial BREWER Sheriff of Wayne County the Sum thirty dollars for exaficious services for the year 1850 Those who voted in the affirmative were D J JONES Chr. LAFFERTY YOUNG MONTAGUE BARKER VOORHIES CYPERT L B GANT & DIXON 9 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 Isued April 9, 1851

Upon motion it is ordered by the Court that Wm B ROSS be appointed a Commissioner to have a Pessery built in the North west corner of the Court yard for the Convenience of the Citizens of the County

Monday April 7th 1851

Upon motion to appropriate Geo. W BARKER A B GANT T P CYPERT Wm. R CURTIS B HOPSON A J BREWER John DIXON David WHITTEN the sum of five dollars [Revenue commissioners – crossed out] each W. CARTER Wm M LAFFERTY & John P VOORHIES the sum of six dollars each to John T YOUNG the sum of Four dollars and to James C WHITAKER the sum of two dollars for their services as revenue commissioners for their respective Districts the year 1851 Those who voted in the affirmative were D J JONES Chr. LAFFERTY YOUNG MONTAGUE BARKER WILSON VOORHIES A B GANT CYPERT BREWER HAM & HUCKABY 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 Isued April 9, 1851

Ordered by the Court that John STOCKARD be appointed overseer of the road of 2 Class in the place of William CRAIG and that he have the hands in the same bounds to work under his direction Isued April 9, 1851

Upon motion to appropriate to John McDOUGAL Clerk of the Circuit Court and other their fees respectively in certain bills of Cost against Wayne County which are duly certified to wit

State of Tennessee vs James McCLANAHAN§ John McDOUGAL Clerk $5.50 R. A. HILL $5.00 Rial BREWER $1.00 Isued April 11, 1851

State of Tennessee vs John GILL§ Clerk J. McDOUGAL $5.75 R.A. HILL $5.00 R. BREWER $ .29 J F HALL $1.00 A. MONTAGUE $ .50 Wm. T HELTON $ .50 Isued April 10, 1851

State of Tennessee vs Frank STOWE§ [ACKLIN $ .25 T. MEREDITH $5. – crossed out] C. ACKLIN $ .25 T. MEREDITH $ .50 A. M. FALLER[?] $1.63 H. PRATER $ .75 Isued April 12, 1851

State of Tennessee vs William STAGGS§ C. ACKLIN $ .25 John JACKSON $ .25 Wm. WALKER $2.25 James KYLE $2.25 R. BREWER $ .25 Isued April 9, 1851

State of Tennessee vs A G NUMAN§ R BREWER fifty cents J B HURST $5.00 [Milus TRAMEL $2.00 – crossed out] A J SHAW $3.37 Isued April 9, 1851

State of Tennessee vs A G NUMAN§ R. BREWER $ .50 Isued April 9, 1851

State of Tennessee vs Sol PHILLIPS§ R. BREWER $ .25 C. ACKLIN $ .25 G. BUSH $5.34 R. STAGGS $7.89 Isued April 14, 1851

State of Tennessee vs Sol PHILLIPS§ R. BREWER $ .50 J N STAGGS $3.00 Isued April 11, 1851

State of Tennessee vs J A LAWSON & Sarah REEVES§ R. BREWER $1.50 J. HAYES $ .50 Thomas ALLEN $2.19

State of Tennessee vs F. CORBORN[?]§ E. H. PUGH $ .25 Stephen PARSLEY $2.25

Monday April 7th 1851

State of Tennessee vs T CARTER§ E. PUGH $ .25 John CARTER $5.00 Isued April 10, 1851

State of Tennessee vs C. ACKLIN§ E. H. PUGH $ .75 Mark F EDWARDS $6.00 B F THOMAS $5.38 Isued April 10, 1851

State of Tennessee vs J W TACKETT & I DICKESON§ James GRAY $1.71 R. J. CYPERT $1.00 E. H. PUGH $ .75 Oran MABRY $3.26 John Q TACKETT $6.26 Phillip TACKETT $6.42 Isued April 10, 1851

State of Tennessee vs Gray BRYANT & A SNOW§ R. BREWER $ .25 J. B. HURST $2.25 Isued April 10, 1851

State of Tennessee vs G. BRYANT & A SNOW§ J. McDOUGAL $5.75 R. J. CYPERT $1.25 R. BREWER $ .29 Isued April 10, 1851

State of Tennessee vs Gray BRYANT§ Indict in ten cases R. BREWER $ .25 in cash $2.50 Isued April 10, 1851

State of Tennessee vs Robert MORRIS§ R. BREWER $ .25 M WILSON $2.50 J. N. STAGGS $ .50 Jonath[??] Issued April 10, 1851

State of Tennessee vs James HARRIS§ J McDOUGAL $17.50 Wm. BENHAM $ .50 N. B. EAKIN $ .50 W. D. DAVIS $ .50 N. Y. BROWN $ .75 Isued April 10, 1851

State of Tennessee vs James LACKEY§ J. McDOUGAL $11.25 Wm. BENHAM $ .50 Jonathan MORRIS $ .75 Isued April 10, 1851

State of Tennessee vs Jacob TIPPER§ J. McDOUGAL $6.32 B. B. ALEXANDER $1.25 R. BREWER $ .25 Isued April 12, 1851

State of Tennessee vs John W. ROSS§ McDOUGAL John $6.87 [R. B. – crossed out] E. H PUGH $ .50 Isued April 10th 1851

State of Tennessee vs Hal PRATER§ J. McDOUGAL $4.74 R. BREWER $1.50 Isued April 10 1851

State of Tennessee vs Halloway PRATER§ J. McDOUGAL $5.62 T. MEREDITH $1.50 Isued April 12, 1851

State of Tennessee vs Gray BRYANT§ J. P. CLARK $5.75, John McDOUGAL $6.87, L. L. MACK $1.50, R. BREWER $ .25 Isued April 16, 1851.

Thos who voted in the affirmative were D J JONES Chr. LAFFERTY CARTER YOUNG BARKER VOORHIES CYPERT L B GANT DIXON & HUCKABY 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

Monday April 7th 1851

Samuel C MITCHELL et als vs Samuel L BURNS§ Bet[sic] remembered that this cause came on for hearing this day before the Worshipful David J JONES, W CARTER, W J YOUNG W. LAFFERTY, A MONTAGUE G W BARKER T. P. CYPERT L B GANT A B GANT, J P VOORIES, J C G WILSON, John DIXON Geo E HUCKABY A J BREWER B HAM & others Justices &c present and presiding upon the report of the Jury appointed and summoned and Sworn for the purpose of laying off and valuing the one acre land of said defendant oposite the lands of said petitioner Samuel C MITCHELL for the purpose of building a Grist Mill which report is in the words and figures following to wit§

The undersigned freeholders having be summoned by the Sheriff of Wayne County and Sworn as a Jury of View to lay off one acre of land on the Mill site near Ashland off the land of S L BURNS the defendant in the petition And learning that the defendant has no land on the opposite side of the River nearer than two hundred yards and believing that we have no right to lay off said land therefore we did not lay off said land. All of which is respectfully submitted to the consideration of the worshipful Court This the 22d day of March 1851 //s// D J JONES L G RASBURY A C RASBURY

Which report being unexcepted to is in all things confirmed It is therefore further ordered by the Court that the said Jurors be allowed one dollar each for their services to be taxed in the bill of costs in this cause that the petitioner herein be dismissed and that said defendant recover of said petitioners Samuel C MITCHELL John STOCKARD & J J KINKEAD costs of this cause and that execution issue for the same

Upon motion Thomas Young was this day appointed a commissioner & Treasurer of the poor house in said County for the year 1851

Ordered that Court adjour till tomorrow morning 9 Oclock //s// D J JONES Chair, Wm. M. LAFFERTY G. W. BARKER

Tuesday April 8th 1851

Court met according to adjournment

Present & presiding D J JONES Chr BARKER & LAFFERTY [YOUNG – crossed out] his Associates

A settlement Between William JONES Clerk of this Court and Joseph BREWER Guardian to Wasson minor heir of Mary ROBERTSON Dec’d was this day submitted to the Court which was [submitted – crossed out] Confirmed and ordered to be recorded

A settlement between William JONES Clerk of this Court and A J BREWER Guardian to the minor heirs of Mary HENSLEY Dec’d was this day submitted to the Court which was confirmed and ordered to be recorded

Ordered by the Court that Seth DABBS be appointed overseer of the road of 2d Class in the place of A M FALLEN removed and that he have the hands in the same bounds to work under his directions Isued April 9, 1851

Came Thomas YOUNG Jonathan MORRIS and W CARTER and took the necessary Oath for their qualification as poor house Commissioners [and the said – crossed out] for Wayne County the year 1851 And the said Thomas YOUNG who was appointed Treasurer of said board and entered into bond in the sum of one thousand dollars for the faithful performance of his duty as such Treasurer with Wm J YOUNG his security which was approved by the Court and ordered to be recorded

Ordered that Court adjourn till Court in Course //s// D J JONES (Chair Wm. M. LAFFERTY G. W. BARKER