131
Monday 2nd March 1857
the petition and answer and it
appearing that this cause has been regularly brought to hearing, and it further
appearing that several years since Martin Shults departed this life in Sevier County
seized and possessed of a tract of land in said county supposed to contain
about three thousand acres leaving petitioners heirs at law and Martin Shults
who is a minor & who is here represented by P. S. Shults as his guardian ad
litem, and Sarah his widow who has since intermarried with Wm James, from all
which it appears that the said Sarah James is entitled to be endowed out of
said land and that the above named heirs are entitled to a partition of the remainder
of said land. The court is
therefore pleased to order adjudge and decree that John Mullendore Surveyor of
Sevier County James Proffitt, James
Williams Archibald Rowland &
William Inman be appointed commissioners to allot as dower one third part of
the above named land having regard to quality and quantity including the
mansion House & out buildings, and also to make partition of the remainder
of said lands amongst said
heirs, and that they make report to the next term of this court and that they
return a true plat of the same.
Wilson L Trundle Exr. &c )
vs ) Decree
David L Trundle & others )
On this 2nd day of March 1857 came on the above cause for hearing before the Honorable Samuel Pickens county Judge upon the pleadings proofs and report of the clerk of the court made in pursuance to a decree of the present term of this court which said report is in the words and figures following to wit,
"Wilson L Trundle Exr. &c )
vs ) Petition for sale of slaves
David L Trundle & others )
132
the
clerk to whom the above cause stands referred to hear proof and take and state
an account and ascertain First,
whether the negros mentioned in the petition can be equitably divided between
all the parties
Monday 2nd March 1857.
interested, and whether it would be to the interest of all the parties concerned to have the slaves sold and the proceeds divided and secondly what is the value and description of the said slaves, reports that the slaves mentioned in the petition could not be equitably divided between the parties as they are respectively thereto entitled, and that it would be to the interest of all the parties to have said slaves sold and the proceeds divided.
That Rachel is a likely Negro woman aged about 23 years and is worth about one thousand dollars, that the four children are children of Rachel aged and valued as follows
Ann aged about 8 years and worth about seven hundred dollars
Mary aged about 5 years and is worth about five hundred dollars
Caroline aged about 3 years and worth about three hundred dollars
Adaline aged about one year and worth about two hundred and twenty five dollars
That Juda is an old Negro woman aged about 65 years and worth about $50.
All of which is respectfully submitted 2nd March 1857. See deposition of Wm A McNutt.
B
M
And said report not being excepted to is in all things affirmed.
133
The court is therefore pleased to order adjudge and decree
that the clerk of this court after he shall have advertised and given notice
according to law shall proceed to sell the slaves mentioned in the petition to
the highest bidder at the residence of L. W Burns in Sevier County upon a
credit of six months the purchasers giving bond and good security for the
purchase money, that the said slaves Rachel and her four children Ann, Mary, Caroline
and Adaline be sold together for not less than two thousand seven hundred and
twenty five dollars, and that the Negro woman Juda be sold for not less than
Monday 2nd March 1857.
fifty dollars, and that he report to the next May term of this court.
Court adjourned until tomorrow morning 8 o clock Saml. Pickens
Tuesday 3rd March 1857.
Court met pursuant to adjournment
present & presiding the Honl.
This day B M Chandler clerk of this court presented to the court a settlement made with Margaret Baker admr. of the estate of John Baker decd. which settlement was confirmed by the court, and ordered to be recorded
This day B M Chandler clerk of this court presented to the court a settlement made with Cornelius Fox guardian of the minor heirs of Nelson Mitchell be which settlement was confirmed by the court, and ordered to be recorded.
This day Wm. J. Chambers constable of the seventh district presented to the court his resignation which was accepted by the court, and the sheriff ordered to hold an election in said district to fill the vacancy occasioned by said resignation.
ibid Ordered by the court that G W
Caton be appointed overseer of the road from the
134
Road
2 Clap.
Tuesday 3rd March 1857.
Mary
vs ) Decree
Jas. D. Emert & others )
On
this 3rd day of March 1857 came on the above cause for hearing
before the Honl. Samuel Pickens county judge for
"Mary
vs ) Petition for sale of land
Jas D Emert & others )
The clerk to whom the above cause stands referred to hear proof and take and state an account and ascertain 1st The value of the lands mentioned in the petition except the two tracts set apart as dower to the widow, 2nd Whether said lands can be divided and partitioned amongst the complainants and defendants as they are respectively entitled thereto without manifest injury to the value of the said lands or to the respective shares and whether it will be clearly and manifestly to the interest of the parties to have said lands sold instead of partitioned, & 3rd Whether it would be to the manifest interest of the heirs to have the remainder interest in the lands laid off as dower to the widow, sold or not Reports that Tract No 1 containing 178 acres being the place where Saml. Chance now lives is worth about eleven hundred dollars.
The fourth Tract containing 80 acres and known as the Thurman place is worth about Six hundred dollars.
That the 5th Tract containing 46 acres known as the home farm and 6 Tract containing 17 acres 7 Tract containing 11 acres & the 14 tract containing 5 acres should be sold together & they are jointly worth about Six hundred dollars.
That the 8th & 9th Tracts containing together 82 acres should be sold together and they are worth about three hundred and fifty dollars and they are
135
Tuesday 3rd March 1857.
Known as the cave hollow farm
That the 10th Tract containing 25 acres is worth about forty dollars.
That the 11th Tract containing 69 acres is worth about two hundred and seventy five dollars.
That the 12th Tract containing 21 acres is worth about forty dollars.
That the 13th Tract containing 50 acres is worth about one hundred dollars.
That the 15th Tract containing 20 acres is worth about twenty dollars.
That the 16 Tract containing 25 acres is worth about twenty five dollars.
That the lands above mentioned cannot be divided and partitioned amongst all the heirs without manifest injury to the value of the whole, and that it would be to the manifest interest of all the parties concerned to have the lands sold and the proceeds divided except the remainder interest in the widows dower.
See Depositions of A R Trotter & Jno Mullendore
All of which is respectfully submitted
3rd March 1857. B. M. Chandler Clk.
And said report being unexcepted to is in all things confirmed. The court is therefore pleased to order adjudge and decree that the clerk of this court after he shall have advertised the time and place of sale according to law shall proceed to sell the lands mentioned in the petition (except the two tracts set apart as dower) to the highest bidder at the late residence of Horatio B. Butler decd. in Sevier county upon a credit of one year the purchasers giving bond and good security for the payment of the purchase money and that a lien be retained upon said lands until the purchase money is paid. That said lands shall not be sold for a less amount than as follows to wit
First Tract containing 178 acres and being the place where Saml. Chance now lives not to be sold for less than $1100.
The 4 Tract containing 80 acres and known as the Thurman place not to be sold for less than Six hundred dollars.
That the 5th Tract containing 46 acres known as
136
Tuesday 3rd March 1857.
the home tract, 6 tract containing 17 acres the 7th tract containing 11 acres & the 14th Tract containing 5 acres be sold together for a sum not less than Six hundred dollars.
That the 8th & 9th Tracts containing together 82 acres and known as the cane hollow farm be sold together for not less than three hundred and fifty dollars.
That the 10th Tract containing 25 acres be sold for not less than forty dollars.
That the 11th Tract containing 69 acres be sold for not less than two hundred and seventy five dollars.
The 12th Tract containing 21 acres be sold for not less than forty dollars.
That the 13th Tract containing 50 acres be sold for not less than one hundred dollars.
That the 15th Tract containing 20 acres be sold for not less than twenty dollars.
That the 16th Tract containing 25 acres be sold for not less than twenty five dollars.
And that he report to the next May term of this court.
Court adjourned until court in course.
Saml. Pickens
137
State of
Be it remembered that at a county court began and held for the county of Sevier at the courthouse in Sevierville on the first Monday of April in the year of our Lord one thousand eight hundred and fifty seven being the 6th day of said month present the Honl. Saml. Pickens Judge &c and the following Justices to wit, John McMahan, N M Baker Lem Bogart I Trotter J T Havis, J B Seaton M Davis J Gaut S W Randles R M Creswell C Johnson J M Evans John Whaley & N J Huffaker
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 bills of cost be allowed payable out of the county tax in the hands of the Trustee not otherwise appropriated said bills of costs being properly certified by the Judge and attorney general To wit
The State )
vs ) A & B
William Johnson )
M Thornburg atty Genl. $2.50
M
M C Rose D. Shff 1 75
Lem Duggan Shff 1 16 1/2
George Wade Witness 1 87 1/2
The State )
vs )
Archibald Maples )
M Thornburgh Atty Genl $2.50
M
Lem Duggan Shff 7 25
D M J Emert D Shff 1.00
138
Monday 6th
day of April 1857.
The State )
vs ) A & B
Wm Etherton & Jas Newman )
M Thornburgh Atty Genl $2.50
M
T A Howard D Shff 2 00
L Bogart J P 3 00
Wesley Blazer Witness 1 25
Conrad Blazer " 1 25
Elias Wingword " " 50
Geo Layfollett " " 50
The State )
vs ) Lewdness
Rachel Sizemore )
M Thornburgh Atty Genl. $2.50
M
Lem Duggan Shff 10.30
The State )
vs ) Peace Warrant
William Thomas )
M Thornburgh Atty Genl. $2.50
M
Gas Gaut J P 1.60
W J Chambers Const 1.25
Witnesses to go before grand Jury to testify relative to the retail of spirituous liquors
any gaming
M
Wm M Burnett D Shff 25
J N Underwood D Shff 1.50
T A Howard D Shff 2.00
Wm M Burnett Witness 75
Josiah Varnell " 75
Abram Smith " 2 32
Thas McMahan " 1.91
Sanders McMahan " 1.99
139
Monday 6 day of April 1857.
This day John T. Shields came into open court and having been duly elected revenue collector for Sevier County for the year 1857, by the county court at the January Term 1857, entered into bonds with good and sufficient securities and took the necessary oaths of office which bonds are in the following words and figures to wit,
State of
Sevier County ) Know all men by these presents that we John T. Shields R S Clark, J S Trotter, N W Emert, M W Shields, D M J Emert & John McMahan
all of the county and state aforesaid are held and firmly bound unto the State of Tennessee in the penal sum of Five thousand dollars for which payment well and truly to be made we bind ourselves our heirs Executors and administrators Jointly and severally firmly by these presents signed with our names and sealed with our seals and dated this 6th day of April 1857.
The condition of the above obligation is such that whereas the above bound John T. Shields was duly elected revenue collector for said county by the county court of said county on the 1st Monday of January 1857, for the collection of the State and county revenue for the year 1857. Now if the said John T. Shields shall well and truly collect all state revenue which he is authorized and bound by law to collect and pay the same into the Treasury of the State of Tennessee or into the hands of such person or persons as are authorized by law to receive the same, then this obligation to be void otherwise to remain in full force and virtue.
Signed sealed and acknowledged ) John T. Shields (Seal)
in open court and approved ) R S. Clark (Seal)
by the court April 6th 1857 ) J S. Trotter (Seal)
Saml
Pickens ) N
D M J Emert (Seal)
John McMahan (Seal)
140
Monday 6th day of April 1857.
State of
Sevier County ) Know all men by these presents that we John T Shields R S Clark, J S Trotter, N W Emert, M W Shields, D M J Emert, & John McMahan
all of the county of Sevier and state aforesaid are held and firmly bound unto the State of Tennessee in the penal sum of Ten thousand dollars for which payment well and truly to be made be bind our selves our heirs executors and administrators Jointly and severally firmly by these presents signed with our names and sealed with our seals and dated this 6th day of April 1857.
The condition of the above
obligation is such that whereas the above bound John T. Shields was duly
elected revenue collector for
Signed Sealed and acknowledged ) R S Clark (Seal)
in open court and approved ) J S Trotter (Seal)
by the court 6th April
1857. ) N
Saml Pickens ) M W Shields (Seal)
John McMahan (Seal)
141
and thereupon the said John T. Shields was duly sworn as the
law directs