Tuesday 6th January 1857.

A Legal number of the justices of the peace being present and voting in the affirmative it is ordered by the court that the following allowances be made payable out of any of the Poor tax in the hands of the Treasurer of the poor house not otherwise appropriated to wit,

ibid       Gilbert Galyan for keeping two children )

            of Jane Wells from 19 Oct 1856 to this day       )                       $15.00

 

ibid       M. W. McCown to be applied to the                )

            support of John Stofle Sr. & family                    )                       $24.00

 

ibid       B. J. Tipton to be applied to the support of        )

            two children of Miss Finny for the present         )

            quarter                                                             )                       $10.00

 

ibid       M. W. Porter late superintendent of the poor     )

            house for Extra attention on Nancy                    )

            Robeson in sickness $4 and repairing                )

            done on Poor house $2                         )                          6.00

 

112
 
A Legal number of the justices of the peace being present and voting in the affirmative it is ordered by the court that Lemuel Duggan shff be allowed thirty five dollars for Exoficio Services from the 1st Apl 1856 to 1 Jany 1857 payable out of any money in the hands of the Trustee not otherwise appropriated the vote on said allowance those who voted in the affirmative to wit Cate  Evans, W Whaley, J Whaley, Creswell, Proffit, Gaut, Randles, Baker  Davis, & Huffaker, those voting in the negative were Havis  McMahan  I Trotter & Johnson.

Tuesday 6th January 1857.

ibid       It appearing to the court that Jr. A Cate was charged with a poll tax for for the year 1856 and that he served said year as an overseer of a public road it is therefore ordered by the court that that he be released from said poll tax.

ibid       It appearing to the court that James Snider was charged with a poll tax for the year 1856 and that he served said year as an overseer of a public road, it is therefore ordered by the court that he be released from said poll tax.

ibid       It appearing to the court that Geo McCarter was charged with a poll tax for the year 1856 and that he served said year as an overseer of a public road, it is therefore ordered by the court that he be released from said poll tax.

Court adjourned until tomorrow morning 8 o clock

                                                                                    Saml Pickens

                                                                                    M. Davis

                                                                                    James Proffitt

                                                                                    John McMahan

                                                                                    I H Cate

                                                                                    N. J. Huffaker

                                                                                    N. M. Baker

                                                                                    Isaac Trotter

                                                                                    J. M. Evans

                                                                                    C. Johnson

                                                                                    Wm Whaley

                                                                                    S W Randles

                                                                                    R M Creswell

                                                                                    John Whaley

                                                                                    Joseph Gaut

                                                                                    Jno. T. Havis

 

113
 
Wednesday 7th January

Court met pursuant to adjournment present and presiding the Honl Saml Pickens county Judge and the following Justices of the peace to wit  James Proffit  John McMahan  Wm Whaley  N M Baker, I Trotter, J T Havis, M Davis, J Gaut, R M Creswell, J M Evans, C Johnson, John Whaley  N J Huffaker, S W Randles  J H Cate

 

ibid       Upon the verbal petition of M Davis it is ordered by the court that Enoch Underwood  Thos. Henry  Saml Ellis, Ephraim Johnson, William Roberts, Ruel Birdwell, L. M. Burns be appointed a jury of view to view and mark out a public road from Sevierville to the Bridge on Dumplin Creek and that they or any five or more of them to make report to the next quarterly term of this court and that they also inquire and report whether there will be any damages claimed by persons through whose lands said road may run.

A Legal number of the justices of the peace being present and voting in the affirmative it is ordered by the court that the following allowances be made out of any of the Poor taxes in the hands of the Treasurer of the poor house not otherwise appropriated to wit

ibid       Dr. J M Hammer Medical Bill at Poor house                             $ 8.00

ibid       Isaac Trotter commission of Poor house 1856 Services 10.00

ibid       A Lawson services as commissioner of Poor house 1856          10.00

ibid       Thas. Maples services as commissioner of Poor house 1856         2.00

114
 
 


Wednesday 7th January 1857.

ibid       Ordered by the court that the hands on the farms of Arch A Trotter, Amos. R. Trotter be assigned to work on the road from the forks of the road below Geo McCowns to H Butlers gate over which W H Trotter is overseer.

ibid       Ordered by the court Robert Rambo be appointed overseer of the road from Henry Butlers gate to Pidgeon (sic) forge and he is hereby required to keep said road in lawful repair with the hands heretofore assigned and Allen McDaniel & Benj Dackey Jr.

                                    Road 2 Clap.

This day the court appointed Isaac Trotter  A Lawson & Saml Chance commissioners of the Poor house for the year 1857, and the court also appointed Isaac Trotter Treasurer of the poor house for said year who appeared and gave bond in the sum of one thousand dollars with Wm H Trotter as his security and the said Isaac Trotter was duly sworn.

ibid       Upon the verbal petition of John Leak it is ordered by the court that Colen Warren, Marion Cowan, Wm H Cowan, T Chandler, P C Rawlings & R M Creswell be appointed a jury of view to view and mark out an alteration in the public road from Wm A McNutts will to the Maryville road, and that they report to the next quarterly term of this court.

This day the court appointed John McMahan & R M Creswell as commissioners of the state revinue to settle with the clerks

 

115
 
Wednesday 7th January 1857.

This day John McMahan one of the members of this court moved the court to make an allowance of one dollar per day to each one of the justices of the peace who held the July 1856 & October 1856 quarterly terms of this court and the present term of this court for their services in holding said courts which motion was allowed the following being the vote on said motion to wit  Those voting in the affirmative were Wm Whaley, John Whaley, Joseph Gaut, Jas. Proffit, M Davis, N J Huffaker, S W Randles, N M Baker, John McMahan, I M Evans, R M Creswell, J H Cate & C Johnson those voting in the negative were Isaac Trotter & J. T. Havis

It is there fore ordered by the court that said allowances be made as follows to wit

F L Emert         for        one day                                                            $1.00

Isaac Trotter     for        7 days                                                                7 00

T Maples                      2 days                                                                2 00

J M Evans                    7 days                                                                7 00

Lem Bogart                  2 days                                                                2 00

C Johnson                    7 days                                                                7 00

M Davis                       7 days                                                                7 00

Wm Whaley                 5 days                                                                5 00

J B Seaton                    2 days                                                                2 00

S W Randles                5 days                                                                5 00

J H Cate                       5 days                                                                5 00

Elijah Ogle                    2 days                                                                2 00

I. T. Havis                    4 days                                                                4 00

Jas. Proffitt                   5 days                                                                5 00

Joseph Gaut                 4 days                                                                4 00

John McMahan            3 days                                                                3 00

N J Huffaker                3 days                                                                3 00

W J Trotter                  1 day                                                                  1 00

John Whaley                 3 days                                                                3 00

N M Baker                  3 days                                                                3 00

R M Creswell               3 days                                                                3 00

 

payable out of any moneys in the hands of the county Trustee not otherwise appropriated

 

116
 
Wednesday 7th January 1857

A Legal number of Justices of the peace being present and voting in the affirmative it is ordered by the court that the following allowances be made payable out of any county moneys in the hands of the Trustee not otherwise appropriated to wit,

William Whaley for finding steel making )

Drills & Tempering stone hammer                     )                                   $  " 75

 

S. B. Henderson for bal on Sledge Hammer                                              " 75

 

A Legal number of the Justices of the peace being present and voting in the affirmative it is ordered by the court that Saml B Henderson be allowed fifty dollars for an additional allowance for a lot of ground deeded to the county for part of the public square payable out of any moneys in the hands of the Trustee not otherwise appropriated to wit the following being the vote upon said allowance to wit those voting in the affirmative were John Whaley, I T Havis Wm Whaley, Joseph Gaut, M Davis, S W Randles N M Baker, J M Evans, R M Creswell, Jno McMahan, N J Huffaker & J H Cate, those voting in the negative were Proffit, Johnson & I Trotter.

Court adjourned until court in course

R M Creswell                                                   John Whaley

J. M. Evans                                                      Saml Pickens

Joseph Gaut                                                     Jno. T. Havis

John McMahan                                                N J Huffaker

Wm Whaley                                                     C. Johnson

James Proffitt                                                    N. M. Baker

M. Davis                                                          John H. Cate

Isaac Trotter                                                     S W Randles

 

 

 

 

 

 

117
 
Wednesday 7th January 1857.

                        Be it remembered that This day the Honorable Saml Pickens County Judge proceeded to open the county court for Sevier County to transact such business as is proper to come before his court the quarterly term of the county court being through and adjourned, this being the 7th day of January 1857

It is ordered by the court that this term of the court be held at the Academy the courthouse being unfinished and not in a condition to hold court in.

A Lawson one of the commissioners of the Poor house for Sevier County for 1857 appeared in open court and was sworn.

This day B M Chandler clerk of this court presented to the court a settlement with Thomas Henry Guardian to Saml Henry which was confirmed by the court and ordered to be recorded.

This day James Ogle & Henry Ogle Executors of the last Will & testament of William Ogle Dec. appeared in open court and renewed their bond in the sum of five hundred dollars with Danl W Regan as their security, the old bond being destroyed by fire.

This day John Bird adm. of the estate of John Fox Decd. appeared in open court and renewed his bond in the sum of two hundred & fifty dollars with C Fox as his security the original bond having been distroyed by fire.

This day John Bird guardian to Robert Loveday  Perry Loveday  Rhoton Loveday & Carroll Loveday minor orphans appeared in open court and renewed his bond in the sum of three hundred dollars with C Fox as his security the original bond having been destroyed by fire.

118
 
This day John Bird guardian to Eliza Ann Shrader  Christopher Shrader  Saml Shrader, Jane Shrader, and William Shrader minor orphans appeared in open court and renewed his bond in the sum of two hundred dollars with Christopher Shrader & C Fox as his security the original bond having been destroyed.

Wednesday 7th January 1857.

This day Thomas McMahan guardian of Jane McMahan minor heir of Wm McMahan Decd. appeared in open court with Robert H Hodsden as his security and renewed their bond in the sum of five hundred dollars

This day a paper writing perporting to be the last Will and testament of Thomas Atchley deceased was presented to the court for probate and thereupon came William Atchley and John Lindsey the subscribing witnesses to said Will who after being duly sworn says that said will was executed by the said Thomas Atchley in his life time in their presence in Sevier County, that at the time said Thomas Atchley Decd. executed said Will he was of sound mind and that it was executed upon the day it bears date.  It is therefore ordered by the court that said Will be admitted to record.

Cary Dennis & Wife                             )           Petition for Dower &

Heirs at law of Martin Shults Decd.       )           partition of real Estate

                        vs                                 )

William James & wife               )

& others                                               )

 

                        This day came the plaintiffs and filed their petition in this cause and moved the court that a guardian ad litem be appointed for Martin Shults a minor heir of Martin Shults decd. the court is therefore pleased to order that Philip S Shults be appointed guardian ad litem for said Martin Shults be being present and accepting said trust and he is hereby required to answer said petition on oath and it is further ordered that process issue against all the defendants, returnable to the next term of this court.

Mary Butler   Henry Butler        )

and others                                )           Petition for Dower &

                        vs                     )           Sale of land

Jas. D. Emert & others )

 

119
 
                        In this case it appearing to the

Wednesday 7th January 1857.

court that all of the defendants have been served with process requiring them to appear and answer the petition in this cause at the present term of this court and Martha Butler one of the defts and W H Trotter admr. of H. B. Butler decd. having failed to appear and answer it is therefore ordered by the court that Judgment pro confesso be entered and the same is hereby entered against them in this cause, and this cause as to them are taken as confessed and set down for hearing.

This day Caroline Delozier widow of Asa Delozier Deceased filed in court her written decent from the last Will and testament of her Asa Delozier deceased husband which are in the following words & figures to wit

            "This day Caroline Delozier widow of Asa Delozier decd. appeared in open court and asks that this her decent to the last Will and testament of Asa Delozier Decd. be spread on the records of this court this 7th January 1857 and she also asks the court to appoint commissioners to lay off for her out of her late husbands estate a years support

                                                                                                            her

Test M W. McCown                                                                Caroline X Delozier

                                                                                                            mark

 

Court adjourned until tomorrow morning 8 o clock

                                                                                                Saml Pickens

Thursday 8th January 1857

Court met pursuant to adjournment present & presiding the Honl. Saml. Pickens Judge &c

Mary Butler   Henry Butler        )

& others                                   )           Petition for Dower &

                        vs                     )           Sale of land

Jas. D. Emert & others )

 

120
 
                        Be it remembered that this cause coming on to be further heard before the Honorable Samuel Pickens county Judge &c on this 8th day of

Thursday 8th January 1857.

January 1857 upon the petition answers and Judgment pro confesso, and it appearing to the court that Horatio B Butler departed this life several years since in Sevier County seized and possessed of certain lands mentioned in the petition leaving Mary Butler his widow one of said petitioners and the other persons named in the petition as heirs, and that Wm H Trotter has been appointed administrator upon said estate, from all which it appears that the said Mary Butler one of said petitioners is entitled to be endowed of the said lands of which the said Horatio B Butler died seized and possessed as aforesaid.

The court doth therefore order adjudge and decree that John Mullendore the county surveyor and Ashley Wynne and George W Seaton (they being unconnected with any of the parties either by affinity or consanguinity) be appointed to allot dower who after being duly sworn shall proceed to designate and set apart by meets and bounds the one third part of all the lands and tenements which were of the said Horatio B. Butler Decd. reguard being had to quality and quantity so as to include the mansion house and out buildings connected therewith unless with the consent of the widow some other portion of said lands should be selected and that they make return here into court a fair plat and report of the same at the next term of this court.

ibid       It appearing to the court that the bond given by James Toomey guardian to Sarah E Hill minor orphan has been destroyed it is therefore ordered by the court that the said James Toomey be notified to appear at the next term of this court, and renew his bond with security.

ibid       It appearing to the court that the bond given by John Reece guardian to Randal