State of
Sevier County ) Be
it remembered that at a county court began and held for the county of Sevier at
the court house in Sevierville on the First Monday of May, 1857, it being the 4th
day of said month present and presiding the Honl. Saml.
Pickens
This day Benjamin Tipton Administrator of the estate of Jacob Tipton came into open court and renewed his bond as said Administrator in the sum of Three hundred dollars with Jesse Hill as his security the former bond having been destroyed by fire
This day Wm Felker one of the Securities of Thas. Dunn guardian to James H. Atchley petitioned the court to require the said Thas. Dunn to give other Security for said guardianship.
It is therefore ordered by the court that a summons issue to summon the said Thomas Dunn to appear at the next term of this court to be held at the court house in Sevierville on the first Monday of June next then and there to give other security for said guardianship or to deliver over the estate of said James H. Atchley to such other person as the court may direct
ibid It appearing to the satisfaction of the court from the petition of R. B. Brabson guardian to Elizabeth Jane Shields minor heir of David Shields Decd. that he has on hands a lot of paper and books. It is therefore ordered by the court said guardian be authorized to sell said paper and books either at public auction or private sale as he may think best.
ibid Ordered by the court that W C Pickens be appointed overseer of the road from the forks of the road near the creek at Waylands mill to the East bank of the branch at the end of Layfords land and he is hereby required to keep said road in lawful repair with the hands heretofore assigned
162
Road
3rd Clap
Monday 4th May 1857.
This day the court binds out Solomon Stephens to William Jones until he is twenty one years of age he being now nine years of age after the manner of an apprentice upon the following terms to wit, The said William Jones is to give him when the said boy becomes of age and he is to give him Two and one half years of scholling (sic) one of said years after he is fifteen years of age and he is to give him a good horse bridle and saddle and Twenty five dollars in money when he comes of age, and bond was given with Jesse Hill as his security
This day the court binds out Samuel Thompson to Benjamin Atchley until he is twenty one years of age he being now 14 years of age after the manner of an apprentice upon the following terms to wit, the said Benjamin Atchley is to give him one horse bridle and saddle worth one hundred and twenty five dollars and sixteen dollars in money and he is to give him fifteen months scholling (sic) and he is to give him a suit of out going clothing after he is twenty one years of age and bond was given with R M. Creswell as his security
ibid Ordered
by the court that the road which Adam Creswell is overseer of be extended to
the
C. & L. M Dennis )
vs ) Petition for Dower & partition
Wm James & others )
This day the commissioners heretofore appointed to lay off dower and make partition of the lands mentioned in the petition made their report which is filed.
W. L. Trundle Exr. &C )
vs ) Petition for the Sale of Slaves
D L Trundle & others )
This day the clerk of this court filed his report of the sale of the slaves mentioned in the petition
163
Monday 4th May 1857.
Mary
& others
vs ) Petition
for Dower and
Jas. D. Emert & others )
This day B M Chandler clk of this court filed his report of the sale of the lands, mentioned in the petition
This day B M Chandler clerk of this court presented to the court a settlement made with Lewis Wayland Guardian to W P Burn and a settlement made with William Henderson guardian to the minor heirs of James Henderson Decd. both of which is confirmed by the court and ordered to be recorded.
ibid Upon information and for sufficient cause appearing to the court that Penelope Scruggs is probably an Idiot and that she is a resident of Sevier County it is therefore ordered by the court that the Sheriff summon a Jury consisting of twelve free holders of said county to ascertain by inquisition such Idiocy and that they report to the next term of this court.
The jury summoned by order of this court at the April Term by the Sheriff to inquire into the mental condition of Mariah Clark otherwise called Mariah Ogle make the following report to wit,
The undersigned free holders of
Sevier County having been duly summoned and sworn as a Jury to inquire into the
mental condition of Mariah Clark commonly called Mariah Ogle after diligently
investigating the matter do find that the said Mariah Clark commonly called
Mariah Ogle is a lunatic and utterly incapable of managing her own affairs with
safety to herself and others, we also find that she owns no property except her
wearing apparrel (sic) and we further find that there is great danger of her
doing violence to the property of others those persons who live in her
neighborhood and perhaps to persons R
H Hodsden
April 25th 1857. J W Chambers
G B Hogan
D M J Emert
Jas McNelly
George Roberts Eli Roberts
164
J
Monday 4th day of May 1857.
Court adjourned until court in course
Saml. Pickens
State of
Sevier County ) Be
it remembered that at a County Court began and held for the county of Sevier at
the court house in Sevierville on the first Monday of June 1857, it being the 1st
day of said month present and presiding the Honl.
C & L M Dennis )
vs ) Decree
Wm James & others )
Be it remembered that this cause coming on to be heard & finally determined on this 1st day of June 1857, before the Honorable Saml. Pickens County Judge &c upon the report of the Jury summoned in obedience to a writ issued for that purpose and the decretal (sic) order of a former term of this court and said report being unexcepted to is in all things confirmed and is as follows to wit,
map needs to be put in here
165
Monday 1st June 1857.
State of
Sevier County ) The undersigned being unconnected with the parties either by affinity or consanguinity and entirely disinterested, having met upon the premises, and after being duly sworn as a Jury to allot & set off to Sarah Shults now Sarah James her dower out of the real estate of her deceased husband, and to make partition of the remainder of said real Estate among the legal heirs of the said Martin Shults after having duly & fully understood the whole matter, do hereby assign to the said Sarah for her dower the following described land with the erections & improvements thereon, to wit, a tract of land in said County, in Jones Cove, on Yellow Briches Creek containing by estimation three hundred and seventy acres and bounded as follows, Beginning at a stake on the old line & running with the same East 100 poles to a stake & chestnut S 45 E 200 poles to a stake & chestnut oak S 17 E 384 poles to a spruce pine & bush S 57 W 58 poles to a white oak stump on the old line & a corner to John Large, then with Large North 35 poles to a stake N 18 W 30 poles to a black oak N 48 W 58 poles to a pine on a ridge, a corner to the same thence with the dividing line N 30 W 512 poles to the beginning, which in our opinion constitutes one third of the real Estate of the said Martin Shults Decd., we have also made partition of the remainder of said real Estate among & between Cary Dennis & Amanda M Dennis, formerly Amanda M Shults his wife and Martin M Shults the heirs at law of the said Martin Shults Decd. with as much equality in our Judgment as is practicable, Lot No 1 drawn by Martin M Shults, containing by estimation nine hundred and thirty acres Bounded as follows, Beginning at a stake on the old line corner to the Dower, running with the old line W 180 poles to a stake in the same then with dividing line & lot No Two - S - 492 poles to a stake in a conditional line with Saml. Large, then with the same S 61 E 20 poles to a poplar a corner to the McKessick lands S 73 E 20 poles to a white oak S 84 E 70 poles to a chestnut oak on a ridge N 80 E 212 poles to a pine S 43 E 4 poles to a black oak N 69 E 116 poles to a pine on a ridge a corner to John Large & the Dower, thence with the Dower a direct line to the Beginning.
166
Monday 1st day of June
1857.
poles to a chestnut, S 35 W 94 poles to a white pine S 61 E 540 poles to a stake a corner to lot No 1 thence with the same N 492 poles to the Beginning, all of which is respectfully submitted given under our hands and seals this 30th day of April 1857.
John Mullendore (Seal)
surveyor
James Proffit (Seal)
his
James X Williams (Seal0
mark
A B Rolen (Seal)
William Inman (Seal)
The court doth therefore order adjudge and decree that the title in and to the lands laid off in said report for the widows dower be divested out of the heirs and each of them of the said Martin Shults Decd. and vested in the said Sarah James for the full term of her natural life as her dower out of the lands and tenements of her deceased husband and it is further ordered adjudged and decreed by the court Lot No 1 containing 930 Acres be divested out of the heirs of said Martin Shults Decd. and vested in M. M. Shults & that lot No 2 containing 930 be divested out of the heirs of the said Martin Shults Decd. and vested in the said Amanda M. Dennis and it is further ordered adjudged and decreed by the court that the petitioners and defendants Jointly pay the costs of proceeding for which an execution is awarded
ibid Ordered by the court that John H France be appointed overseer of the road from Joseph Rulens to John Furgasons and he is hereby required to keep said road in lawful repair with the hands heretofore assigned
Road 2nd Clap
167
Monday 1st day of June 1857.
Wilson L Trundle Exr. of the )
last will of James Trundle Decd. )
vs ) Decree
David L Trundle & others )
This cause coming on to be heard before the Honorable Saml.
Pickens County Judge &c on this 1st day of June 1857, upon the
report of the clerk & master made at the last term of this court and said
report being unexcepted to the same is in all things confirmed and because it
appears from said report that the clerk & master commissioner of
this court in pursuance of a former decree of this court did on the 16th
day of April 1857, sell the negroes mentioned in the pleadings at the residence
L W Burns on a credit of six months.
The negroes Rachel and her four children Ann
Mary Caroline & Adline mentioned in the pleadings were sold to William H
Camron for the sum of three thousand dollars he being the last highest and best
bidder for which sum the said Wm H Camron gave his note due in six months from
said sale with R Birdwell as his security.
168
The Negro named Judy mentioned in the pleadings was sold to
Altha Ellis for the sum of one hundred and sixty dollars she being the last
highest and best bidder for which she gave her note with good security due in
six months from said sale, the court is therefore pleased to order adjudge and
decree that all the right title interest claim of the heirs and distributes of
James Trundle decd. in and to said negroes Rachel Ann Mary Caroline &
Adline be and the same is divested out of said heirs & distributors and the
same is hereby vested in the said William H Camron and his heirs forever, and
the court is further pleased to order adjudge and decree that all the right
title interest and claim of the heirs and distributes of James Trundle Decd. in
and to the slave Judy mentioned in the pleadings be and the same is divested
out of them and the same is vested in Altha Ellis and her heirs forever. It is further ordered adjudged and
decreed by the court when he collects the proceeds of said sales shall pay out
said proceeds all costs of this cause and also that he shall pay out of the
same a reasonable counsel fee to M W McCown for drawing the petition decrees
&c in this cause and that he distribute the remainder to those entitled
thereto as shown in the petition in this cause
Monday 1st June 1857.
or their assigns and that the clerk take and state an account & ascertain by proof what would be a reasonable fee for M W. McCown and that he report the same.
ibid Ordered by the court that John Murphy be appointed overseer of the road from the X roads near Cusicks to the X Roads near Danl. L Trundles and he is hereby required to keep said road in lawful repair with the hands heretofore assigned.
Road 3rd Clap
ibid Ordered by the court that Samuel
Atchley be appointed overseer of the road from the fork of Millican Creek to
the roads to the ford of Millican Creek near and he is hereby
required to keep said road in lawful repair with the hands heretofore assigned.
Road 2nd Clap
ibid Ordered by the court that A. J. Blair be appointed over seer of the road from Henry Thomas to Bryans Ferry and he is hereby required to keep said road in lawful repair with the hands heretofore assigned
Road 2nd Clap
ibid Ordered by the court that John Layman be appointed overseer of the road from Asa Laymans to William Felckers and he is hereby required to keep said road in lawful repair with the hands heretofore assigned
Road 2nd Clap
ibid Ordered by the court that
William Johnson be appointed overseer of the road from Brabsons Store to the
south west side of the branch at Mary Chandlers and he is hereby required to
keep said road in lawful repair with the hands heretofore assigned and also
that W H Cowan be also assigned
Road 2nd Clap
169
Monday 1st June 1857.
It appearing to the satisfaction of the court that Mary Patterson had died intestate and having whilst living goods and chattels rights and credits. The court therefore appointed John Russell administrator of the Estate of the said Mary Patterson decd. who appeared in open court gave bond in the sum of five hundred dollars with Eli Fox & Absolum Allen as his securities and were duly sworn and thereupon the following letters of administration issued to wit
State
of
To John Russell Greeting,
Whereas, It hath been represented to us in our county court held for the county of Sevier at the courthouse in Sevierville on the 1st Monday of June 1857 that Mary Patterson late of said County had died intestate having whilst living and at the time of her death goods and chattels and credits - the ordering and granting administration whereof doth appertain unto us, and we being desirous that the said goods and chattels rights and credits may be well and faithfully administered do grant unto you the said John Russell full power by these presents well and truly to collect and to take into your possession all and singular the goods and chattels rights and credits which were of the said Mary Patterson deceased at the time of her death wheresoever the same may be found hereby requiring you to make or cause you to be made and returned into our said court within ninety days a true and perfect inventory of said goods and chattels rights and credits and also to render a true and clear account of said administration when thereto required
Witness B M Chandler clerk of said court at office in Sevierville the 1st Monday of June 1857. B. M. Chandler Clk
ibid Ordered by the court that W H Cowan be assigned to work on the road which William Johnson is this day appointed overseer of
ibid Ordered by the court that Thomas Yearout be appointed overseer of the road from the Machine Branch to a pine stump below John Roberts and he is hereby required to keep said road in lawful repair with the hands heretofore assigned
Road 2nd Clap
170
Monday 1st June 1857.
ibid It appearing to the satisfaction of the court that Carroll Shrader was charged with a poll tax for the year 1857, and he having been overseer of a public road for more than twelve months before the assessment it is therefore considered by the court that he be released from said poll tax
ibid It
appearing to the satisfaction of the court that William Naugher was charged
with a poll tax for the year 1857 and he having served and that he had served
for twelve months as an overseer of a public road it is therefore considered by
the court that he be released form said poll tax.
ibid It appearing to the satisfaction of the court that H. S. Blair was charged with a poll tax for the year 1855 and that he had served as an overseer of a public road for twelve months it is therefore considered by the court that he be released from said poll tax
ibid It appearing to the satisfaction of the court by the affidavit of Elizabeth Brabson that she was improperly charged with $1200 loned (sic) money more than she had loned out for the year 1857 it is therefore ordered by the court that she be released from the payment of the taxes on said $1200 of loned money
This day M W McCown Treasurer of board of Trustees of Nancy Academy gave bond with security as such Treasurer.
171
ibid It appearing to the satisfaction of the court that Samuel
Pate was charged with the taxes for a negro woman for the year 1857 valued at
$400 and it also appearing that said Slave died in Decr. 1856, it is therefore
ordered by the court that he be released from said taxes