Tuesday 7th July 1857.
running with the line of the land formerly owned by Moses Seaton South 56 East 30 poles to a stake, South 80 East 76 poles to a stake & hickory grub on said line, South 83 West 184 poles to a stake on or near the line of said Lawson, then with or near said Lawsons line 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, Anna Clabough, George Meloy, Caleb Robeson, Mary Robeson, Jemima Butler, James D. Emert & Asa Emert and vested in the said Marion Clabough and his heirs forever.
The court is further pleased to order adjudge and decree that all the right & title to the tenth tract mentioned in the petition and lying in the 5th District of Sevier County & on the waters of the West fork of little pigeon river and middle creek adjoining the lands of A A Trotter & others containing twenty three acres more or less and being part of a grant from the State to H. B. Butler for 52 Acres being No 22449 it being all that part of said grant not covered by older grants or conveyed by said H B. Butler in his life time, the said fifty two acre grant is bounded as follows beginning at a stake a corner to the land formerly owned by Moses Seaton then with said line South 64 West 40 poles to a stake & two post oaks on said line, then with the line of the land formerly owned by W Seaton South 9 West 61 poles to a stake, and black oak corner to the same, South 45 East 100 poles to a stake & sourwood on the line of A A Trotter, then with the same north 31 East 147 poles to a stake, South 80 West 38 poles to a pine, north 10 West 100 poles to a black oak, North 80 East 37 poles to a stake & post oak on W H Trotters line, then with his line North 5 West 26 poles to a black oak, on W H Trotters line, North 72 1/2 West 77 poles to a stake South 9 poles to a pine, then 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 and Asa Emert and vested in William H Trotter and his heirs forever.
192
Tuesday 7th July 1857
The court is further pleased to order adjudge and decree that all the right and title to the fifteenth and sixteenth tracts mentioned in the petition lying on the waters of Middle creek in Sevier County adjoining the lands of Wm. H. Trotter and A. R. Trotter and bounded as follows,
The first of the above named tracts containing twenty acres more or less and bounded as follows Beginning at a stake on W. H. Trotters line then with John Trotters line North 59 East 47 poles to a sugar tree, on said line a corner to said Butler, then with his line South 38 East 18 poles to a black oak, South 17 West 53 poles to a black oak, South 81 West 57 poles to two black oaks on or near the line of W. H. Trotter, with the same North 17 West 39 poles to the beginning, and the other tract containing twenty five acres more or less, beginning on a white oak on the line of John Trotter, thence South 71 West 55 poles to a stake on the bank of the creek, north 13 West 8 poles to a stake and white oak South 57 West 21 poles to a stake & sugar tree on said line, south 38 East 18 poles to a black oak corner to the land formerly owned by N. Floyd, then with said line south 73 East 76 poles to a stake & hickory, South 17 West 34 poles & 20 links to a chestnut, then East 31 poles to a red oak, North 39 East 40 poles to a stake near the line of the land formerly owned by James Seaton then 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 Amos. R. Trotter and his heirs forever.
193
But the lien heretofore reserved upon said lands to secure the
payment of the purchase money is not discharged but is in all things continued
and retained until said purchase money shall first having been fully paid and
satisfied by said purchasers, a copy of this decree may be registered as
evidence of title and the clerk may make to the purchasers deeds for said lands
on the payment of the
Tuesday 7th
July 1857
purchase money and the costs of making said deeds and because it appears to the court that a part of the parties interested are minors the clerk is required to hear proof and report what amount should be a reasonable fee to be allowed to M. W McCown for drawing the petition decrees &c in this cause and that he report the same to the next term of this court
This day James W Chambers produced to the court a commissioner from the Governor of the State commissioning him as a justice of the peace for said county and thereupon the said James W Chambers took the necessary oaths of office.
Court adjourned until court in course
Saml. Pickens
194
State of
Sevier County ) 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 in August 1857, it being the
3rd day of said month present and presiding the Honl. Saml.
It appearing to the satisfaction of the court that Andrew Henderson was appointed overseer of a road at the last July Term of this court and it further appearing to the court that he had served as overseer within the last five years and that he be released as such overseer
ibid Ordered by the court that James Montgomery be appointed overseer of the road from the ford of the river at Wm Hendersons to Trotters Forge and he is hereby required to keep said road in lawful repair with the hands heretofore assigned
Road 2nd Clap
This day Cornelius Fox presented to
the court a certified copy of the last will and testament of John Fox
Decd. which copy was duly certified by P. H. Toomey clerk of this court which
was duly proven it is therefore ordered by the court that the clerk of this
court record said copy of said will.
Wilson L Trundle Surviving )
Executor of the last will and )
testament of Jas. Trundle Decd. )
vs ) Decree
David L. Trundle & others )
Came on the above cause to be heard before the Honorable Saml. Pickens county Judge of Sevier County on this 3rd day of August 1857 and because it appears to the court from the proof and the report of the clerk made in pursuance to a former order of this court and which report is unexcepted to and in all things confirmed, that the sum of fifty dollars is
195
Monday 3rd August 1857.
a reasonable fee for the services of M. W. McCown as counsel for the complainants in this cause, the court is therefore pleased to order adjudge and decree that the clerk out of the proceeds of the sale of the slaves mentioned in the pleadings and decrees in this cause pay to M. W. McCown the sum of fifty dollars for the above named service, that he pay all costs out of the proceeds of the sale of said slaves, and that he pay the balance of the proceeds of the sale of said slaves to the heirs of James Trundle Decd. as thereto respectively entitled under the last will and testament of James Trundle Decd. or to their guardians or assigns
ibid Ordered
by the court that William Snapp be appointed overseer of the road from Big
Millican to the
Road 2nd Clap
ibid Ordered
by the court that Carroll Martin be appointed overseer of the road from the 12
mile post to the
Road 2nd Clap
Ordered by the court that James
Baker be appointed overseer of the road from Adam Houks to the ford of the
river above Henry Hursts and he is hereby required to keep said road in lawful
repair with
196
ibid Ordered
by the court that James Baker be assigned to work on the road which Carroll
Shrader is overseer of
Monday 3rd August 1857.
This day the court binds out Perry Williams to James P McMahan until he is twenty one years of age after the manner of an apprentice upon the following terms to wit the said James P McMahan is to give him a horse bridle and saddle worth sixty five dollars and twenty months schooling and two suits of good out going cloths when he becomes of age, and bond was given with Robert McMahan as security.
This day B M Chandler clerk of this court presented the following settlements to wit, a settlement made with Timothy Chandler guardian to the minor heirs of Wm Chandler Decd. a settlement made with Perry Cate guardian to the minor heirs of Wm Henderson Decd. a settlement made with Rhoda Douglass Administratrix of Alex Douglass Decd. all of which was confirmed by the court & ordered to be recorded
Mary
& others )
vs )
James D. Emert & others )
The account made out and returned by the Clerk pursuance to an order of the last term of this court relative to the fee of M. W. McCown for his services in this cause being unexcepted to is in all things confirmed
This day B M Chandler clerk of this court presented a settlement made with Thas Dunn guardian to Jas H Atchley which was confirmed by the court and ordered to be recorded.
This day Thomas Dunn guardian to Jas H Atchley came into court and renewed his bond as said guardian with Daniel Keer and W J Chambers as his securities
197
Monday 3rd August 1857.
This day the court appointed Rufus
M Creswell guardian to Rhoda George, Nancy, Martha, Isaac, Hariet &
Frederick Scruggs minor heirs of Archabald Scruggs Decd. and thereupon the said
R M Creswell came into court and gave bond for said guardianship in the sum of
sixteen hundred dollars with George Wade & Henry Randles as his securities
and was duly qualified
ibid It appearing to the satisfaction of the court that Daniel Keer was improperly charged with the Taxes on two negro men valued at $1500 for 1857, and it further appearing to the court that said negroes was not owned nor employed by said Keer for said year, it is ordered by the court that he be released from said Taxes.
This day M A
Rawlings trustee of
ibid Ordered by the court that John Trotter Jr. of Amos be appointed overseer of the road from Amos Trotters to the ford of the river below John S. Trotters and he is hereby required to keep said road in lawful repair with the hands on the following farms to wit, the hands on Amos Trotters farm the hands on A R Trotters farm the hands on Anderson Keers farm and Alfred McDaniel
Road 3rd Clap
ibid Upon the verbal petition of James McMahan it is ordered by the court that, A Lawson, Thas Fowler, Jacob Huber, Anderson Chance, & Saml Chance be appointed a Jury of view to view and mark out an alteration in the road commencing near said petitioners barns and that they report to the next quarterly term of this court.
198
Monday 3rd Aug 1857.
It appearing to the satisfaction of the court from the report of a Jury of inquest that Penelope Scruggs is an Idiot and it also appearing to the satisfaction of the court that Rhoda Scruggs is a Lunatic and is now confined in the Lunatic asylum it is therefore ordered by the court that R M Creswell be appointed Guardian to the said Penelope & Rhoda Scruggs he having given bond and security in the sum of sixteen hundred dollars
Court adjourned until court in course
Saml. Pickens
The State of
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 September 1857, it being the 7th day of said month present and presiding the Honl Saml Pickens County Judge &C
ibid Ordered by the court that Thomas McMahan be appointed overseer of the road from the gap of the ridge at Joseph Huffs to the ford of the branch above the furnace down and he is hereby required to keep said road in lawful repair with the hands heretofore assigned
Road 2nd Clap
ibid It appearing to the satisfaction of the court from the examination of the Tax assessors books and from the report of the assessor that B D Brabson is improperly taxed with one Piano valued at $250 for the year 1857, and it is further ordered by the court that he be released from said taxes
199
Monday 7th Sept 1857.
ibid Upon the verbal petition of James B Seaton it is ordered by the court that Henry Baker Caleb Jenkins, D F Murphy, Cyrus Compton, A. C. Andes, & Jas B Seaton be appointed a Jury of view to view and mark out a road of the 3rd Clap from John H Murphys shop to the public road near Henry Bakers and that they report to the October term of this court.
ibid Upon the petition of W R Flinn & others it is ordered by the court that W R Flinn, John Stover, Micajah Atchley, James Lindsey, John Ruse, John Atchley & Wm. W. Flinn be appointed a Jury of view to view and mark out a road of the 3rd Clap from the head of Micajah Atchleys lane by W R Flinns to intersect the Dandridge road near Rebecca Atchleys and that they report to the October term of this court.
ibid Ordered
by the court that Clark Underwood be appointed overseer of the road from
Underdowns Ferry to the
Road 2nd Clap
Saml W Randles produced in open court a certified copy of the last will and testament of Edmond Hodges decd. which was proven by B M Chandler clerk of this court to be a true copy taken from the records of this court which records has since been destroyed by fire, it is therefore ordered by the court that the clerk record the same
On this 7th day of September 1857, W. W. Mullendore Esquire moved the court to appoint W W Montgomery a guardian for G W Montgomery who is a minor under the age of twenty one years with special power and authority to sell assign and transfer the interest of the said G W Montgomery in and to the Land warrant No 45506 for eighty acres of land dated the 2nd day of March 1857 and issued to the said G. W.
200
Monday 7th Sept 1857
Montgomery, B H Montgomery and W.
W. Mullendore Montgomery in consideration of the service of Wm
Montgomery decd. who served as a private in the war of 1812. And it appearing to the court that it
will be clearly and manifestly to the interest of the said G W Montgomery to
have his interest in said warrant sold assigned and transferred and to have the
proceeds applied to his use and benefit, and it appearing to the court that the
said W. W. Montgomery has executed bond with good security. It is therefore ordered by the court
that the said W. W. Montgomery be and he is hereby appointed a special guardian
with special power and authority to sell assign and transfer the interest of G
W Montgomery in and to said warrant land warrant No 45506 for eighty
acres of land dated the 2nd day of March 1857 and issued to the said
G W Montgomery, B H Montgomery and W. W. Montgomery and that he sell and
assign and transfer the interest of G W Montgomery in and to said land warrant for
the use and benefit of the said G. W. Montgomery.
ibid Upon the verbal petition of Isaac Breeden it is ordered by the court that Campbell Breeden, George Loveday, David Hurst, Emanuel Hurst, Merril Breeden, Bryant Breeden Jr. be appointed a Jury of view to view and mark out an alteration in the road leaving the old road at said petitioners house and passing on the East side of petitioners farm and intersecting the old road above petitioners field & that they report to the October Term of this court.