181
Monday 6 July 1857.
being duly summoned & sworn have proceeded according to the above order make the following report. That is leaving the old road near the bases West of Davis branch thence running a strait course through E Burns N ground field tot he point of the ridge as marked by us, thence keeping the top of S ridge to a branch East of L W Burns still house thence a direct line to the old road leaving the still house to the right, We the undersigned believe when the new road is opened it will be an advantage to the public and when so done the old road may be closed all of which we respectfully submit to your Hon. body
Ruel Birdwell
E Hodges C M Hodges
Hugh Thomas R Gillent
which report is in all things confirmed by the court
ibid Ordered by the court that Ephraim Johnson be appointed overseer of the road from the Bridge on Dumplin creek to French Broad river at John Kellys and he is hereby required to open said road within three months and keep the same in lawful repair with the following hands to wit, the hands on Widow Talbotts farm, the hands on the Kelly farm the hands on Joel Hudsons farm, the hands on Saml. Huffakers farm, the hands on James Underwoods farm and Thomas Henry
Road 2 Clap.
ibid Ordered by the court that D. O. McCroskey be appointed overseer of the road from French Broad river opposite Kellys to where it intersects the Knoxville road and he is hereby required open said road within three months and keep the same in lawful repair with the following hands to wit, S C McCroskey, W McPherson, Saml. Reed, the hands on Hugh Goforth farm, Ruel Birdwell, James Brock, the hand son John Cannons farm and E Hodges.
182
Road
2 Clap.
Monday 6 July 1857.
Court adjourned until court in course.
Saml. Pickens
Lemuel Bogart
C. Johnson
T. Maples
M. Davis
Isaac Trotter
R. W. Crowson
Joseph Gaut
Wm Trotter
J B Seaton
James Proffitt
J. W. Evans
P T Shults
John Whaley
Jno. T. Havis
Be it remembered that on this 6 day
of July 1857 the Honl. Saml. Pickens county Judge proceeded to open the county
court for
It appearing to the satisfaction of the court that John Heatwall had died intestate and having whilst living goods and chattels rights and credits, the court therefore appointed Moses Russell administrator of the Estate of the said John Heatwall Decd. who appeared in open court and gave bond in the sum of one thousand with William Adcock as his security and thereupon he was duly sworn and letters of administration issued to him in the words and figures following to wit,
State
of
183
To Moses Russell, Whereas It hath been represented unto us in
our county court held for the county of Sevier at the court house in
Sevierville on the 1st Monday of July 1857 that John Heatwall late
of said county had died intestate having whilst living and at the time of his
death goods
Monday 6 July 1857.
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 Moses 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 John Heatwall deceased at the time of his death wheresoever the same may be found hereby requiring you to make or cause 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 where there to required
Witness B M Chandler Clerk of said court at office in Sevierville the 1st Monday of July 1857.
B. M. Chandler clk
By his Dept M. W. McCown
Court adjourned until tomorrow morning 9 o clock
Saml. Pickens
Tuesday 7th July 1857.
Court met pursuant to adjournment
present and presiding the Honorable Saml. Pickens
184
ibid Upon
the petition of G. W. Seaton & others the following Gentlemen to wit
Jonathan Mize, Philip Seaton, Jas P Catlett, Jacob Huber, William Henderson,
Jeremiah Thomas & John Mullendore are appointed a jury of view to view and
mark out a road of the 3rd Clap commencing at the top of the second
hill south of where Flayl Nichols lives and at the place where the old Lewis
Road intersects the road passing said Nichols, then south with said Lewis road
until it reaches the land of Marion Clabough, then with or near said line and
Trotters line through their lands, then with said Lewis road or the most
practable rout to the end of A A Trotters lane
Tuesday 7th
July 1857
then through said lane so as to intersect the public road near A A Trotters, also to lay off and mark out a road of the 3rd Clap commencing at the ford of the river below John Kears then up the river passing Kears house until it reaches the land of A. Sharp then the most practable rout until it reaches the line between the lands of said A Sharp & M Clabough and then with said line until it intersects the road first mentioned in this order, then the most practable rout so as to intersect a public road on Middle Creek and passing the house of where the widow Butler formerly lived and that they report to the next quarterly term of this court.
This day B M Chandler Clerk of this court presented to the court a settlement made with Morgan Davis Executor of the last will and testament of Charles Reed Decd. which was confirmed by the court and ordered to be recorded.
Mary
vs ) Decree
James D. Emert & others )
This cause coming on to be heard and determined on this 7th day of July 1857 before the honorable Samuel Pickens County Judge upon the pleadings proofs Judgments pro confesso regularly entered, answer the interlocutory & decretal orders heretofore made and pronounced the different reports of the clerk & master heretofore made and confirmed and the report of the sales made under the decree pronounced at the last March term of this court which being unexcepted to is in all things confirmed and which is in the words and figures following to wit
Mary Butler Henry
vs ) Report
of
Jas D Emert & others )
185
Tuesday 7th July 1857.
In obedience to a decree pronounced at the last March term of the County Court for Sevier County in this cause after having advertised the time & place of Sale according to law, the undersigned sold the lands mentioned in the pleadings report and decrees in this cause at the late residence of Horatio B. Butler Decd. in Sevier County on the 22nd day of April 1857 at public auction on a credit of twelve months as follows,
The 1st Tract. Where Samuel Chance now lives containing 178 acres and lying on Middle Creek adjoining Jacob Huber & others in the 4th & 5th Districts of Sevier County was sold to Henry Butler he being the last highest and best bidder for the sum of Thirteen hundred dollars. The said Henry Butler executed his note for the same due in 12 months from the day of sale with P. R. Emert as his security.
The 4th Tract mentioned in the pleadings containing 80 Acres on the waters of Middle Creek and lying in the 4th District and known as the Thurman tract was sold to Isaac Ogle for the sum of eight hundred & eighty five dollars he being the last best & highest bidder. The said Isaac Ogle executed his note for the same due in twelve months with A. R. Trotter & G. W. Seaton as his securities.
The
5th 6th 7th & 14th Tracts
mentioned in the petition on middle creek adjoining the lands of Henry
Butler A R Trotter & others
containing together about Seventy nine acres was sold together to John Butler
for the sum of Seven hundred and thirty dollars he being the last & highest
bidder at and for the above named sum.
Also the 13th Tract mentioned in the petition containing
fifty acres on the waters of the west fork of little pigeon river in the 5
District of Sevier County was sold to the said John Butler for the sum of two
hundred and one dollars. The said
John Butler executed his note for the above named amounts due in twelve months
from the day of
186
The
11th Tract mentioned in the petition containing Sixty nine acres on
the waters of the West fork of little pigeon river in District No 5 adjoining
the lands of John Kear was sold
Tuesday 7th July 1857.
to John Kear agent for Alexander
Sharp at and for the sum of four hundred and two dollars he being the last
highest and best bidder. The said John
Kear executed his note for said amount due in twelve months from said sale with
John S. McNutt as his security. The
8th & 9th Tracts containing together about Eighty two
acres lying in the 5th District on the waters of the little
West fork of little pigeon river & known as the Cane Hollow was sold to
Marion Clabough for the sum of three hundred and fifty five dollars he being
the last highest & best bidder for the same. Also the 12th Tract mentioned
in the petition on the waters of the West fork of little pigeon river in
District No 5 containing 21 acres was also sold to the said Marion Clabough for
the sum of forty one dollars he being the last highest & best bidder. The said Marion Clabough executed his
note for the two last mentioned amounts due in twelve months from the day of
sale with Isaac Ogle as his security.
The 10th Tract mentioned in the petition containing about twenty three acres on the waters of the West fork of little pigeon river in the 5 District adjoining the lands of A A Trotter & others was sold to William H Trotter for the sum of fifty dollars he being the last & best bidder. The said William H Trotter executed his note for the same due in twelve months with A. R. Trotter as his security.
The 15th Tract mentioned in the petition containing about twenty acres on the waters of middle creek adjoining the lands of W H Trotter & A R Trotter was sold to A. R. Trotter for the sum of fifty seven dollars he being the last highest and best bidder. Also the 16 Tract mentioned in the petition containing 25 acres on the waters of middle creek adjoining the lands of W H Trotter & A. R. Trotter was sold to the said A R Trotter for the sum of one hundred dollars he being the last highest & best bidder for the same. The said A. R. Trotter executed his note for the two last mentioned sums due in twelve months from the day of sale with Wm H. Trotter as his security.
187
Tuesday 7th July 1857.
all of which said notes are here in court. All of which is respectfully submitted 4th May 1857 B. M. Chandler Clk
From all which it appears that said lands have been sold for their full value, the court is therefore pleased to order adjudge and decree that said sales be confirmed. And that all the right & title to the tract of land first mentioned and described in the report of the clerk & master where Saml. Chance now lives containing one hundred and seventy eight acres be the same more or less and lying on Middle creek adjoining the lands of Jacob Huber & others in the 4th & 5th Districts of Sevier County and bounded as follows to wit, Beginning at a stake & Sycamore with Jacob Huber and running with his line North 59 West 125 poles to a stake, West 9 1/2 poles to an Ash, South 22 1/2 West 113 poles to a post oak, South 15 West 30 poles to a post oak on the south west side of the road leading to Sevierville, running thence with the road South 89 East 5 poles & 17 links to a pine, South 45 East 42 poles to a white oak, South 32 East 19 poles & 17 links to a post oak & sugar tree on the old line, thence with the same, North 38 East 62 poles & 8 links to a black oak, south 65 East 74 poles to an Elm, South 58 East 64 poles to a stake, South 70 East 63 poles to a stake & white oak, North 88 East 60 poles to a stake, north 64 West with the line of Huber 81 poles to a stake, north 45 West one hundred & sixty two poles to the beginning, be and the same is hereby divested out of the said Mary Butler, Micajah Butler, George Butler, William Butler, Marion Clabough, Anna Clabough, George Meloy, Caleb Robeson, Mary Robeson, Jemima Butler, James D Emert & Asa Emert and vested in Henry Butler and his heirs forever.
And the court is further pleased to order adjudge and decree that all the right and title to the 4th tract mentioned in the petition lying on the waters of Middle Creek and lying in the 4th District of Sevier County and known as the Thurman farm and which is bounded as follows, Beginning on a stake & Six white oak bushes near the well running thence through the center of said well North 40 East 8 poles to a stake, north 50 East 184 poles to a stake, on the original line, with the same north 50 West 30 poles to a stake & post oak
188
Tuesday 7th July 1857.
North 11 West 71 poles to a stake, South 87 West 50 poles to a white oak, South 22 poles to a stake and White oak, south 7 East 102 poles to a stake, south 19 West 21 poles to a post oak, South 15 West a direct line to a white oak the original beginning corner south 65 East 9 poles to the beginning containing eighty acres be the same more or less be and the same is hereby divested out of the said Mary Butler, Henry Butler, Nancy Ogle, John Butler, Martha Butler, Micajah Butler, George Butler, William Butler, Marion Clabough, Anna Clabough, George Meloy, Caleb Robeson, Mary Robeson, Jemima Butler, James D Emert & Asa Emert and vested in the said Isaac Ogle and his heirs forever.
The court is further pleased to order adjudge and decree that all the right & title to the fifth, Sixth, Seventh, thirteenth & fourteenth Tracts mentioned in the petition lying on the waters of middle creek adjoining the lands of Henry Butler, A. R. Trotter and others in the 4th & 5 Districts of Sevier County which tracts are bounded as follows. The first of the above named tracts being the fourth tract mentioned in the petition is bounded as follows beginning at an Elm near the creek South 81 West 30 poles to a stake, South 58 West 16 poles to a stake, South 42 West 13 poles to a stake, South 64 West 8 poles to a stake, South 13 East 54 poles to a stake on the original line, North 70 East 175 1/2 poles to a stake, North 78 1/2 West 90 poles to a walnut, at the creek then up the meanders of the creek to the beginning containing forty six acres more or less.
The second of the above named tracts being the sixth tract mentioned in the petition is bounded as follows, Beginning at a stake on Henry Butlers old line on a road leading up the hollow north 74 West 19 poles to a stake, South 37 West 39 poles to a pine, south 16 East 60 poles to a stake, South 74 East 51 poles to a stake, North 25 West 42 poles to a pine, then a direct line to the beginning containing seventeen acres more or less.
189
The
third Tract above mentioned being the Seventh tract mentioned in the petition
is bounded as follows. Beginning at
a stake at a corner of A. Trotter running with his line East 39 poles & 12
links to a small pine on J Trotters
Tuesday 7th July 1857.
old line, North 25 West 4 1/2 poles to a stake a corner to H B Butler, then with the same & said Trotter north 78 West 51 poles to a stake, north 16 West 30 poles to a stake, South 70 West 31 poles to a black oak, then a direct line to the beginning containing eleven acres more or less.
The fifth tract above mentioned being the thirteenth tract mentioned in the petition is bounded as follows beginning at a post oak a corner to Roberts line, thence South 80 West 26 poles to a pine, north 10 West 100 poles to a black oak, north 80 East 37 poles to a stake on W Whites line, with the same south 5 East 14 poles to a pine, south 59 East 82 poles to a post oak, south 16 East 40 poles to a black oak, south 37 West 37 1/2 poles to a stake, north 65 West 67 poles to the beginning containing fifty acres more or less.
The fifth tract above mentioned being the fourteenth tract mentioned in the petition is bounded as follows beginning at a Sourwood on the line of A R Trotter thence with the same South 70 West 31 poles to a black oak corner to Trotter, North 9 East 60 poles to a pine, South 32 1/2 East 21 poles to a pine, then a direct line to the beginning, containing five acres more or less be and the same is divested out of the said Mary Butler, Henry Butler, Isaac Ogle, Nancy Ogle, John Butler, Martha Butler, Micajah Butler, George Butler, William Butler, Marion Clabough, Anna Clabough, George Meloy, Caleb Robeson, Mary Robeson, Jemima Butler, Jas D Emert & Asa Emert and vested in John Butler and his heirs forever.
190
The court is further pleased to order adjudge and decree that all
the right and title to the Eleventh tract mentioned in the petition containing
sixty nine acres more or less on the waters of the West fork of little pigeon
river in the fifth District of Sevier County adjoining the lands of John Kear
and bounded as follows, beginning on a black walnut running East 92 poles to a
stake & post oak on the old line, with the same north 22 West 72 poles to a
pine,
with the same North 80 1/2
poles to a post oak, South 51 West 58 poles to a white oak & black
walnut, thence with dividing line South 11 West 81 poles & 10 links to a
chestnut, South 80 West 44 poles to a stake, South 80 1/2 West 40 poles to a
beech, South 17 1/2 East 18 poles to a hickory, South 7 1/2 West 21 poles to a
pine, South 40 West 9 poles & 15
Tuesday 7th July 1857.
links to a stake & hickory, a corner to Lawson & Evans Entry, then with the same South 56 East 30 poles to a stake a corner to said Entry, thence a direct line to the beginning, be and the same is hereby divested out of the said Mary Butler, Henry Butler, Isaac Ogle, Nancy Ogle, John Butler, Martha Butler, Micajah Butler, George Butler, William Butler, Marion Clabough, Anna Clabough, George Meloy, Caleb Robeson, Mary Robeson, Jemima Butler, James D Emert & Asa Emert and vested in Alexander Sharp and his heirs forever.
The court is further pleased to order adjudge and decree that all the right and title to the eighth, ninth & twelfth tracts mentioned in the petition lying on the waters of the West fork of little Pigeon river in the fifth district of Sevier County and bounded as follows. The first of the above named tracts being the Eighth tract mentioned in the petition and containing thirty two acres more or less and known as the Cane hollow tract, beginning at a stake on the old line thence running the dividing line South 5 1/2 East 20 poles to a stake in the branch, South 83 1/2 East 6 poles & 18 links to a sugar tree, north 65 1/2 East 12 poles to a stake, South 79 1/2 East 12 poles to a black walnut, north 42 East 6 poles to a stake on the old line, then with the same East 19 poles and 5 links to a white oak, South 36 East 70 poles to a hickory, north 54 East 30 poles to a black oak, north 9 East 68 poles to a Red oak, a corner to the old survey, then with the same a direct line, to the beginning.
The ninth tract mentioned petition and containing fifty acres more or less is bounded as follows beginning at a stake a corner to an Entry made in the name of John Evans running with the same South 80 East 76 poles to a stake & hickory grub North 83 East 34 poles to a red oak, South 9 West 6 poles & 10 links to a stake & post oak, North 64 East 40 poles to a stake & hickory, North 22 West 72 poles to a stake & post oak, on the old line, thence with the conditional line West 92 poles & 18 links to a small black walnut thence a direct line to the beginning
191
The 12th Tract mentioned in the petition containing
twenty one acres more or less is bounded as follows Beginning at a stake on the
line of Anthony Lawson