{"id":2273,"date":"2019-04-20T18:05:48","date_gmt":"2019-04-20T23:05:48","guid":{"rendered":"https:\/\/tngenweb.org\/wayne2\/?p=2273"},"modified":"2019-04-20T18:05:50","modified_gmt":"2019-04-20T23:05:50","slug":"court-in-march-1951","status":"publish","type":"post","link":"https:\/\/tngenweb.org\/wayne\/court-in-march-1951\/","title":{"rendered":"Court in March 1951"},"content":{"rendered":"\n

Upon the petition of James ELLIOTT<\/strong> it is ordered by the Court that the sheriff of Wayne County summons a Jury [not-crossed out] to consist of not less than five nor more than twelve free holders and unconnected with the said ELLIOTT <\/strong>to view and mark out so as to change the 2d Class road leading from Carrolville to Florence leaving the old road a few hundred yards south of the said ELLIOTT<\/strong>s [of my plantation – crossed out] and intersect the same near the upper end of his (my- crossed out] lane Isued March 6 1851<\/strong>
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[page 163]<\/p>\n\n\n\n

Monday March 3d 1851<\/strong>
and that they report the same to the next term of this court

Ordered by the Court that James GAMBRELL<\/strong> be appointed overseer of the road of 2d Class in the place of Henry HOLLIS and that he have the hands in the same bounds to work under his direction Isued March 5th 1851<\/strong>

Catherine MABRY<\/strong> vs Thomas T. MABRY<\/strong> et al Petition for Dower
Came the petitioner by her counsel and on motion of said petitioners Counsel It is ordered by the court that this cause be continued until the next term of this Court and that the commissioners be allowed until the next [Court – crossed out] term of this Court to make their report [this whole entry is crossed out]

Mary H SHIELDS<\/strong> vs James M RAMSEY<\/strong> et al petition for Dower
Came the petitioner by her counsel when upon an motion of said petitioners Counsel it is ordered by the Court that this Cause be continued until the next term of this Court and that the Commissioners be allowed until next term of this Court to report [this entire entry crossed out]

Ordered by the Court that Turner M WHITTEN <\/strong>be appointed overseer of the road of 2d Class in the place of Thomas P CASH<\/strong> and that he have the hands in the same bonds[sic] to work under his direction Isued Mar. 6, 1851<\/strong>

Ordered by the Court that Robert LACKEY<\/strong> be appointed overseer of the road of 2d Class in the place of Grant SIMMONS <\/strong>and removed and that he have the hands in the same bounds to work under his direction Isued March 6 1851<\/strong>

Came Andrew P DULIN<\/strong> & William J YOUNG<\/strong> and presented to the Court their Commissioners[sic] as Justices of the peace for Wayne County which was received by the Court whereupon the said DULIN<\/strong> and YOUNG <\/strong>took the necessary oaths for their qualification.

Upon the petition of B WATKINS<\/strong> and others 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 then[sic] twelve free holders to View and mark out so as to Change the road of 2d Class leading down Weatherford’s fork of Indian Creek leaving the old road near John C JOHNSON <\/strong>and run with the foot of the hill and intersect the same at some suitable place so as to [intersect the – crossed out] injure the settlers as little as possible and that they report the same to the April term of this Court. Isued March 6, 1851<\/strong>

Monday March 3d 1851<\/strong>
Upon the petition of William B WALKER <\/strong>it is ordered by the Court that the Sheriff of Wayne County summons a Jury not to consist of not less than five nor more than twelve freeholders to View and mark out so as to change the road of 2d Class leading up 48 mile Creek commencing near the Creek below said Walker’s and intersect the old Road near the Creek above Burrell WALKER<\/strong>s plantation and that they report the same to the April term of this Court Ishued March 6, 1851<\/strong>

Came Joseph N ROBNETT <\/strong>who was on the 18th day of Febr. 1851 duly elected Constable of Wayne County to fill the unexpired term of Robert E. MACK<\/strong> resigned and entered into the following bond to wit [here follows the standard bond. Bond was for $4000.00 and the securities were Joseph N. ROBNETT,<\/strong> James ARNETT<\/strong>, John McDOUGAL <\/strong>William J YOUNG <\/strong>& Claborn ACKLIN<\/strong>, Bond was signed as follows] Joseph N. ROBNETT<\/strong> James ARNETT <\/strong>Jon. McDOUGAL,<\/strong> W.J. YOUNG, C ACKLIN<\/strong>
and the said Joseph N ROBNETT<\/strong> and each of his said securities came into Court and acknowledged the execution of the said Bond and the Court approved of the same and ordered it to be recorded whereupon the said Joseph N ROBNETT<\/strong> took the necessary Oath for this qualification

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[page 165]<\/p>\n\n\n\n

Monday March 3d 1851<\/strong>
Upon the petition of Samuel MITCHELL <\/strong>and others it is ordered by the Court that Thos. H . MABRY <\/strong>John P VOORHIES<\/strong> Andrew C RASBERRY<\/strong> Lott RASBERRY<\/strong> David J JONES freeholders and [all of this entry is crossed out]

Samuel C. MITCHELL<\/strong> & et al vs Samuel L BURNS<\/strong> Petition to Condemn Mill site
Be it remembered that this cause came on this day for hearing before the Worshipful County Court now in session and it appearing to the Court that the petitioners therein named have a Claim thereto It is therefore ordered by the Court that T H MABRY<\/strong> John P VOORHIES<\/strong> A.C. RASBERRY <\/strong>L.G. RASBERRY<\/strong> and David J. JONES<\/strong> freeholders and unconnected with the parties by consanguinity or affinity be appointed Commissioners to examine a cite for a Mill on Buffalo River near Ashland in the Count of Wayne and that they report the same to the April term of this Court and that the Sheriff of said County summons and qualify each of said persons for the purposes aforesaid and that he Notify the defendants to this petition to appear at the April term of this Court and answer said petition and that an order issue accordingly returnable to said Court Isued Mar. 8th 1851<\/strong>

Came James T YOUNG<\/strong> into Court and resigned his Commission as Justice of the peace 1st civil district for Wayne County which was received by the court and ordered to be recorded

Came James HOLDAN<\/strong> Administrator of the estate of Biddy HOLDAN<\/strong> dec’d and returned into Court an Inventory and Accounts of sales of said estate verified by his Oath which was received by the court and ordered to be recorded

Upon the petition of John DOWNING<\/strong> 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 mark out so as to change the road of 2d Class running down Indian Creek through the lands of the said John DOWNING<\/strong> and that they report the same to the April term of this Court. Ishued 6th March 1851<\/strong>

Came in to the Court Allen ETHER AGE <\/strong>who was this day appointed Guardian to the minor heirs of John MARTIN<\/strong> dec’d and entered into bond in the sum of one hundred and fifty dollars with C.M. THOMPSON <\/strong>his security which was rec’d by the Court and ordered to be recorded

David J JONES <\/strong>Chairman of the County Court of Wayne County this day bound into Alen ETHERAGE<\/strong> Caroline MARTIN<\/strong> Ben. MARTIN<\/strong> and Mary MARTIN<\/strong> minor heirs of John MARTIN<\/strong> Dec’d
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[page 166]<\/p>\n\n\n\n

Monday March 3d 1851<\/strong>
and where upon the said D J JONES<\/strong> and Allen ETHERAGE <\/strong>entered into indentures accordingly

Ordered by the Court that Nicholas MOSER <\/strong>be appointed overseer of the road of 2d Class in the place of James HORTON<\/strong> and that he have the hands in the same bounds to work under his direction Ishued 6th March 1851<\/strong>

Ordered by the Court that Lewis BECKHAM<\/strong> be appointed overseer of the road of 2d Class in the place of Lemuel PANNEL<\/strong>[?] and that he have the hands in the same bounds to work under his direction Ishued 6th March 1851<\/strong>

Came D. H. MERRYMAN <\/strong>Admr. of the estate of Nancy HAM<\/strong> dec’d and returned into Court an Inventory and account of sales verified by his Oath which was received by the Court and ordered to be recorded

Catherine MABRY<\/strong> vs Thomas T MABRY <\/strong>et al petition for Dower
Be it Remembered that this cause came on this day for a final hearing before the Worshipful County Court of Wayne County David J JONES <\/strong>Esq George W BARKER<\/strong> Esq & William M LAFFERTY <\/strong>Esqr. Justices &c present and presiding upon the report of the Commissioner theretofore appointed to lay of the dower of the petitioner out of the lands of her deceased husband which said report is in the words and figures following to wit
[To the worshipful County Court – crossed out] The undersigned being unconnected with the parties either by affinity or consanguinity and entirely disinterested having been notified by the Surveyor for Wayne County have proceed to allot and set off to Catherine MABERRY<\/strong> her Dower out of the real estate of Daniel MABERRY <\/strong>her deceased husband after having duly consider and fully understood the whole matter do hereby assign to the said Catherine MABERRY<\/strong> for her Dower the following described land with the exctions[?] and improvements thereon to wit A tract of land in the County of Wayne on the waters of Beech Creek containing seventy eight acres and bounded as follows Beginning on a Sycamore the so west corner of entry No. 630 in the name of Daniel MABERRY<\/strong> for 77 acres runs south 40 poles to a chinguepin oak then South 10 (degrees) West 20 poles a small persimmon Chestnut oak pointers then East 15 (degrees) So 112 poles to a beech then North crossing Beech Creek at 26 poles in all 71 poles to a Hackberry then East 10 poles
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[page 167]<\/p>\n\n\n\n


to a a stake then North 15 (degrees) west 64 poles to a poplar then west 30 ( degrees) North 23 poles then North 26 poles to a Red Oak then west 60 pole to a stake then South 80 pole to beginning Which in our opinion Judgment constitutes one third part in value of the real estate of Daniel MABRY deceased died possessed of given under our hand this Febr. 22d 1851 \/\/ s \/\/ Josiah ROBINSON<\/strong> Henry CULP <\/strong>JR Jesse J ROSS.<\/strong>
Which not being in any wise excepted to is in all things confirmed it is therefore ordered adjudged and decreed by the Court that all the right title claim and interest of said defendants in and to the above described tract of land be divested out of them for and during the natural lifetime of said petitioner Catherine MABRY <\/strong>and that the same be vested in the said Catherine MABRY<\/strong> for and during her natural life it is further ordered and adjudged by the Court that said petitioner Catherine MABRY <\/strong>
pay the costs in this behalf expended and that execution issue

Mary N SHIELDS <\/strong>vs [crossed out] James M RAMSEY <\/strong>et al petition for Dower
Be it remembered that this cause coming on this day for a final hearing before the worshipful County court of Wayne County present David J JONES<\/strong> Esq William M LAFFERTY<\/strong> Esqr and George W BARKER<\/strong> Esqr Justices &c upon the report of the Commissioners heretofore appointed to lay off to petitioner her Dower out of the lands of which her dec’d husband died seized and possessed which report is in the words and figures following to wit
State of Tennessee Wayne County By order of the County court of Wayne County February Term 1851 We Jesse S ROSS Surveyor Joseph EAST<\/strong> & John R HELTON <\/strong>commissioners to allot and set apart Mary N SHIELDS<\/strong> her dower our of the real estate of John N SHIELDS<\/strong> her deceased husband after having understood the whole matter have proceeded to run and mark off 132 1\/2 acres as her dower beginning at the So. West corner of James HELTON<\/strong>s 155 acres Entry running South passing TURNER<\/strong>s So. East corner at 2 poles in all 25 poles to a small sweet Gum then east 5 (degrees) south 20 poles to a large poplar then East 32 degrees South 32 poles to a Rock hickory and sweet gum pointer thence South 40 poles to a chestnut then East 10 degrees South -? to a stake then North 110 poles to the S.B. of A.G. McDOUGAL<\/strong>s entry then West with McDOUGAL<\/strong> s & HELTON<\/strong>s S.B. 175 poles to beginning Including the improvements dwelling houses lots &c being in our judgement one third in value of the real estate of John N. SHIELDS<\/strong> deceased died seized and possessed of Given under our hands this Feby 27, 1851 \/\/ s \/\/ Jesse S. ROSS<\/strong> Suvor. Joseph EAST<\/strong> John R HELTON<\/strong>
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[page 169]<\/p>\n\n\n\n


Which said report being in no wise excepted to is in all things confirmed It is therefore ordered adjudged and decreed by the Court that all the right title claim and interest which the defendants have in and to the above described tract of land be divested out of them and that the same be vested in the said petitioner Mary N. SHIELDS <\/strong>for and during her natural life it is further ordered and decreeed by the Court that petitioner pay the cost in this behalf expended and that execution issue

State of Tennessee vs John L FOWLER<\/strong> Warrant for Bastardy
This day came the defendant by his attorney and by leave of the Court enters a motion to quash the warrant in this case whereupon It is considered by the Court that said motion be sustained and that said warrant be quashed and that the defendant be hereof discharged a go hence it is further considered by the Court that the County of Wayne pay the cost of the part of the State expended

Ordered by the Court that John F HALL <\/strong>be appointed overseer of the road of 1st class in the place of John M BENHAM<\/strong> removed and that he have the hands in the same bounds to work under his direction Isued Mar. 8th 1851<\/strong>

Where as at the Febr. term of this Court Thomas H MABRY<\/strong> Trustee of Wayne County reported to the Court the Condition of the revenue of said County which was received by the Court and ordered to be recorded And whereas said report does not appear on the minutes of said Court it is therefore ordered by the Court that it now be recorded as for then

Ordered by the Court that the following good and lawful men of the County of Wayne be appointed and summoned by the Sheriff of Wayne County to be and attend at the next term of the Circuit Court to be held for the County of Wayne at the court house in the town of Waynesboro on the fourth Monday in May next To wit, Isham TURNBOUGH <\/strong>William BOWDEN <\/strong>William M GALLEGLY<\/strong> Mathew H BURKS<\/strong> Richard H WHITAKER<\/strong> Samuel L BURNS<\/strong> John S BURNS<\/strong> Joacim DUGGAR<\/strong> James ARNETT <\/strong>Nathaniel F JOHNSON<\/strong> James E . McKNIGHT<\/strong> Andrew JACKSON <\/strong>John DOWING<\/strong> John MARTIN<\/strong> Mathew J SIMS <\/strong>Lewis B GANT <\/strong>Daniel Mc PHAUL <\/strong>Silvester B LINDSEY <\/strong>Samuel BRUMLEY<\/strong> Alexander G McDOUGAL <\/strong>William RAY <\/strong>William THORNTON<\/strong> Sr. Amos HARDIN <\/strong>Gideon B HUGHS <\/strong>[David ROACH<\/strong> – crossed out] and that Joseph N ROBNET<\/strong>T and Robert H COOPER<\/strong> be appointed and summond to attend and serve as constables to wait on the Court Isued Mar. 7th 1851<\/strong>
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[page 169]<\/p>\n\n\n\n


and the vinerafacius Isue returnable to said Court

Ordered by the Court that he sheriff of Wayne County summons and qualify a Jury not to consist of not less than five or more than twelve free holders to view and mark out so as to chage[sic] the road of 2d Class running from Ashland down Buffalo to commence at 48 mile Creek ___? by L G RASBERRY <\/strong>and intersect the old road at some suitable point and that they report the same at the next term of this court Isued Mar. 8, 1851<\/strong>

Ordered that Court adjourn til’ Court in Course \/\/ s \/\/ D J JONES <\/strong>(Chair Wm. M LAFFERTY<\/strong> G. W. BARKER<\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"

Upon the petition of James ELLIOTT it is ordered by the Court that the sheriff of Wayne County summons a Jury [not-crossed out] to consist of not less than five nor more than twelve free holders and unconnected with the said ELLIOTT to view and mark out so as to change the 2d Class road […]<\/p>\n","protected":false},"author":65,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"categories":[2034],"tags":[286,2230,1035,2233,104,2234,202,791,14,1046,142,256,2237,151,2236,2228,2043,491,2232,68,2235,731,189,662,516,61,323,2229,81,145,1838,220,13,218,122,2059,144,228,2069,1664,2220,619,890,2102,595,2173,559,629,397,946,30,1440,850,141,140,210,2046,1655,450,25,182,533,217,466],"class_list":["post-2273","post","type-post","status-publish","format-standard","hentry","category-court","tag-acklin","tag-age","tag-arnett","tag-beckahm","tag-benham","tag-bowden","tag-brumley","tag-burks","tag-burns","tag-cash","tag-cooper","tag-culp","tag-dowing","tag-downing","tag-dugga","tag-dulin","tag-east","tag-elliot","tag-etherage","tag-fowler","tag-gallegy","tag-gambrell","tag-gant","tag-hall","tag-ham","tag-hardin","tag-helton","tag-holdan","tag-hollis","tag-horton","tag-hughs","tag-jackson","tag-johnson","tag-lackey","tag-lindsey","tag-mabry","tag-martin","tag-mcdougal","tag-mcknight","tag-mcphaul","tag-merryman","tag-mitchell","tag-moser","tag-pannel","tag-ramsey","tag-rasberry","tag-ray","tag-roach","tag-robinson","tag-robnett","tag-ross","tag-shields","tag-simmons","tag-sims","tag-thompson","tag-thornton","tag-turnbough","tag-turner","tag-voorhies","tag-walker","tag-watkins","tag-whitaker","tag-whitten","tag-young"],"_links":{"self":[{"href":"https:\/\/tngenweb.org\/wayne\/wp-json\/wp\/v2\/posts\/2273","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/tngenweb.org\/wayne\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/tngenweb.org\/wayne\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/tngenweb.org\/wayne\/wp-json\/wp\/v2\/users\/65"}],"replies":[{"embeddable":true,"href":"https:\/\/tngenweb.org\/wayne\/wp-json\/wp\/v2\/comments?post=2273"}],"version-history":[{"count":1,"href":"https:\/\/tngenweb.org\/wayne\/wp-json\/wp\/v2\/posts\/2273\/revisions"}],"predecessor-version":[{"id":2274,"href":"https:\/\/tngenweb.org\/wayne\/wp-json\/wp\/v2\/posts\/2273\/revisions\/2274"}],"wp:attachment":[{"href":"https:\/\/tngenweb.org\/wayne\/wp-json\/wp\/v2\/media?parent=2273"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/tngenweb.org\/wayne\/wp-json\/wp\/v2\/categories?post=2273"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/tngenweb.org\/wayne\/wp-json\/wp\/v2\/tags?post=2273"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}