Monday 5th Oct 1857

be appointed overseer of the road from S Andes to Gists Creek and he is hereby required to keep said road in lawful repairs with the hands heretofore assigned

                                    Road 2nd Clap

ibid       It appearing to the satisfaction of the court that John Keeler was improperly taxed with 175 acres of Land in the 1st district valued at two hundred and fifty Dollars

            It is therefore ordered by the court that the said John Keeler be released from paying the taxes on said land for the year 1857

ibid       It appearing to the satisfaction of this court that Wm Snapp is illegally charged with a poll tax for the year 1857

            It is therefore ordered by the court that he be released from the payment of said Poll tax for the year 1857

 

The jury of view appointed at the last July term of this court 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 with said road Lewis road until it reaches the land of Marion Clabough then with or near said line and Trotters line through their lands there with said Lewis Road or the most practicable rout to the end of A. A. Trotters lane, then through said lane so as to intersect the public road near A. A. Trotters

212

 
            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 practicable route until the line between the lands of said A Sharp and M Clabough and then with said line until it intersects the road

Monday 5th Oct 1857

first mentioned in this order then the most practicable route so as to intersect a public road on Middle creek and passing the house where Widow Butler formerly lived.

            This day presented the following report to wit

            We the undersigned after being first duly sworn proceeded to lay off and mark out both roads mentioned in the within order

            The first road 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 public Road passing said Nichols then south with said Lewis road until it reaches the lands of Marion Clabough & Trotters then south or nearly so with said Clabough & Trotters line until it reaches Claboughs southeastern corner near a marked Poplar sapling; then running East with Trotters line to or near a large hickory then with said Lewis Road so as to intersect A. A. Trotters line, then through said lane until it intersects the public road leading from A. A. Trotters to the west fork of Pigeon river.

            The second road mentioned commencing at the ford of the river below Jno Kears, then up the River passing Kears house until it reaches the field of A. Sharp then running on the west side of his field near the fence until it reaches a parallel line between said Sharp & Marion Clabough then as near a direct line as practicable to or near a Black Walnut a corner to said Sharp & Clabough then with their line until it reaches the first road mentioned then south with said road to or near the poplar saplin then Eastwardly to the end of the lane and through said land and the old road passing by the house where the Widow Butler formerly lived and intersecting the middle creek road below her barn lot this 30th day of Sept 1857

                                                                                                Jacob Huber

                                                                                                Jonathan Mize

                                                                                                J. M. Thomas

                                                                                                Philip Seaton

                                                                                                Jas P Catlett

213

 
 


Monday 5th Oct 1857

which report was in all things confirmed by the court.

ibid       Whereupon Isaac Trotter  Wm H Trotter and John Butler moved the court to appoint a jury of Twelve good and lawful men of Sevier County to assess the damage due them if any by the establishing of said roads as viewed & marked out by said jury & confirmed by this court

Ordered by the court J. W. Chambers  Wellington McMahan  H M Thomas  Jas McNelly  T B Hammer  James P Catlett  Wm Catlett  Houston Roberts  B. C. Andes  John McMahan (of James)  Abe McMahan & John Mitchell be appointed a jury to assess damage if any be in justice due the parties petitioning by reason of the establishment of the roads named in the report of said jury of view

This day personally appeared Wm J Hodges in open court and executed his bond with approved security to perform faithfully and fairly the duties of public ferryman on the south side of French Broad River in Sevier County at what is called Bryans Ferry

Issued              Ordered by the court that John Trotter (of Amos) and the hands on A A Trotters farm be assigned to work the road over which Wm H Trotter is overseer it being the lower part of Middle Creek road

The jury of view appointed at the present term of this court to view and mark out a road of the 3rd clap leading from J M Evans shop to James McMurrys Lane made the following report to wit

            We the undersigned jury of view after being duly sworn Report as follows

            Beginning at J M Evans shop thence with the present route until near the upper end of said Evans field where the present road passes along in the branch, at the above named place to pass on the left

214

 
Monday 5th Oct 1857

hand bank of said branch intersecting the present route so as to avoid said branch, thence with the said route intersecting the old Nob road near James McMurrys barn

                                                                                                            C. Johnson

                                                                                                            J. A. Pickens

                                                                                                            B. A. Sharp

                                                                                                            H M Baker

 

which report was in all things confirmed by the court & the road established accordingly

                                    Road 3rd Clap

Court adjourned until tomorrow morning 9 o clock

                                                                                                Saml Pickens county judge

                                                                                                C. Johnson

                                                                                                F. L. Emert

                                                                                                J. M. Evans

                                                                                                S W Randles

                                                                                                James W Chambers

                                                                                                Lemuel Bogart

                                                                                                Jno. T. Havis

                                                                                                Philip S. Shults

                                                                                                T. Maples

                                                                                                M. Davis

 

Tuesday 6th Oct 1857

Court met pursuant to adjournment

            Present and presiding the Honl. Samuel Pickens County Judge &c also the following Gentlemen & justices of the peace for Sevier County to wit

            Calvin Johnson  J M Evans  P. S. Shults  J W Chambers  F. L. Emert  L Bogart  S W Randles  J. T. Havis  M Davis  T. Maples

ibid       It appearing to the satisfaction of the court that Alex Lowasser was illegally charged with a poll tax for the year 1857

215

 
            It is therefore ordered by the court that he be released from the payment of said poll tax for the year 1857

Tuesday 6th Oct 1857

The jury of view appointed at the last September term of this court to view and mark out a public road from the Greenbriar road at the head of Maples Mill race to the East bank of the river or R M Evans land

            This day made the following report to wit We the undersigned jurors of view being duly summoned & sworn proceeded on the 25th October 1857 to view and mark out a road from the Greenbriar Cove road at the head of Maples mill road according to the order of the court to the East bank of the River.

                                                                                                Geo Evans

                                                                                                John Ownby

                                                                                                E W Partain

                                                                                                W H Keener

                                                                                                Geo Ownby

 

which report was in all things confirmed and the road established accordingly.

 

C Johnson moved the court to rescind the order made on yesterday allowing Elijah Cate the amount of Twenty-three Dollars & thirty cents for services & ferriages claimed by him as a commissioners of the public buildings at Sevierville.  Those who voted to reconsider and rescind said appropriation were C Johnson  T Maples  M Davis  J M Evans, L Bogart  P. S. Shults  J W Chambers  F. L. Emert  S W Randles  Jno. T. Havis & there being no number present voting against said motion

            It is therefore ordered by the court that the allowance of Twenty three Dollars and thirty cents are yesterday be, and is hereby rescinded.

216

 
It appearing to the court that the Sheriff had complied with the previous order of this court in bringing to this term of the court 4 children of color from the 7th District & he having performed that duty & during the session of this court said children escaped custody the sheriff is therefore released from all responsibility on account of said children

Tuesday 6th Oct 1857

A legal number of the justices of the peace for Sevier County being present and voting in the affirmative the following allowances were made out of any money in the hands of the Trustee not otherwise appropriated

P. B. Nichol

            For guarding Mariah Ogle 2 days & 1 night                                           $1.50

 

James Henry

            For summoning & swearing a jury of view                                             1.00

 

 

Issued              Ordered by the court that Wm Haggard be appointed overseer of the road from the Nob Road at J M Evans to the old road near James McMurrys barn & he is hereby required to make said road as viewed & marked out with the following hands the hands on Wm Lewellings farm hands on Thomas Manis farm hands on the farm where Noah Greene lives & one hand on J. M. Evans farm

Ordered by the court that a certificate to pay one poll tax be issued to Benjamin Clark for killing one wild cat in Sevier County

Issued              Ordered by the court that A J Reed be assigned to work the road over which Henry Henderson is overseer

Issued              Ordered by the court that D. O. McCroskey be allowed from the present date to the first of March next to open & put in lawful repairs the road over which he is overseer

217

 
A legal number of the justices of the peace for Sevier County being present and voting in the affirmative it is ordered by the court that the following bills of cost be allowed out of any monies in the hands of the Trustee not otherwise appropriated

State                            )           M W McCown                                                1.60

vs                                 )           T A Howard                                                     1.25

Cam Breeden               )           Saml McMahan                                                1.92

                                    )           Thos Mathis                                                     2.34

 

State                            )           M W McCown                                                2.15

vs                                 )           L Duggan                                                         1.25

Patrick Henry &           )           J N Underwood                                                .25

Wm Putnam                 )           Wm R Underwood                                           3.29

 

A legal number of the justices of the peace for Sevier County being present and voting in the affirmative it was ordered by the court that the following named jurors be allowed One Dollar Each for holding the last August Elections in Sevier County

1st        Dist      James Henry                                                                             1.00

2nd          "         D. M. J. Emert                                                                         1.00

3rd          "         Carroll Shrader                                                             1.00

4th          "         R. S. Clark                                                                               1.00

6th          "         R W Crowson                                                                          1.00

7th          "         W J Chambers                                                                         1.00

9th          "         Jacob Widner                                                                           1.00

10th        "         Gilbert Galyear                                                             1.00

11th        "         Eli Williams                                                                               1.00

12th        "         David Keener                                                                           1.00

218

 
 


Upon the Petition of Aaron Whaley  It is ordered by the court that Jacob Evans  James Ownby  Jackson Proffitt  Nicholas Ownby  Stephen Huskey  John B Ownby & Wm H Ogle be appointed a jury of view to lay off & mark out a road of the 3rd clap from his house to intersect the Birds Creek road at Jacob Evans house in the Glades and that they report to the next quarterly term of this court

ibid       It appearing to the satisfaction of the court that at the April term 1857 of this court Isaac Trentham proved the killing of a wild cat in Sevier County and no record being made thereof at that term of this court and a legal number of the justices of the peace for Sevier County being present and voting in the affirmative

            It is ordered by the court that a certificate issue to Isaac Trentham to pay one poll tax for killing one wild cat in Sevier County

Issued              Ordered by the court that John K Chandler be appointed overseer of the road from the forks of the road near Waylands mills to the Blount County line and that with the hands on James Chandlers farm & J. S. Tiptons farm he be required to keep said road in lawful repairs

                                    Road 3rd Clap

Ordered by the court that B M Chandler be appointed and authorized to receipt the county Trustee for the East Tennessee money now in his hands as county funds and that B M Chandler make such disposition of said East Tennessee Bank bills as he may deem best for the county

219

 
            And that he report to the next quarterly term of this court

Court adjourned until court in course

Issued              It appearing to the satisfaction of the court that at a previous term of this court a public road of the 2nd clap was legally altered and the alteration confirmed by this court which alteration commenced in the flat between Cromwell Deloziers and Andrew Rogers at or near a large marked beach then running with marks intersecting the old road at the nine mile tree and that the record of said alteration was burned up

            Therefore ordered by the court that Cromwell Delozier with the hands heretofore assigned complete said alteration and put the same in lawful repair by the next quarterly term of this court

                                    Road 3rd clap

Court adjourned until Court in course

                                                                                                Saml Pickens

                                                                                                Lemuel Bogart

                                                                                                M. Davis

                                                                                                Philip S Shults

                                                                                                S. W. Randles

                                                                                                C. Johnson

                                                                                                J. M. Evans

                                                                                                Jno. T. Havis

Tuesday 6th October 1857

Court met pursuant to adjournment

            Present and presiding the Honl Saml Pickens County Judge &C

220

 
            This day it pleased the Honorable court to appoint Mary Romines Guardian to Sarah Elizabeth Mary Jane & Samuel Romines minor heirs of David Romines deceased.  Whereupon the said Mary Romines in open court entered into bond with Wilson Duggan security in the sum of one hundred Dollars to perform truly and faithfully the duties of Guardian as aforesaid sworn in open court

Mary Romines              )           Petition

Guardian & c                )           For sale & partition of

            vs                     )           Land

Thomas Romines          )

            Et al                 )

 

In this cause it is ordered by the court that Henry Romines, John Romines, Noah Romines, Geo Romines, Thos Romines, Isaac Richards and his wife Jenny formerly Jenny Romines, Tabitha Abbott formerly Tabitha Romines, Elizabeth Romines and Abel Romines be made parties defendants to this suit and that process issue requiring said defendants to appear and answer said Petition at the next term of this court.

            Court adjourned until tomorrow morning 9 o clock

                                                                                                Saml. Pickens

Wednesday 7th October 1857

Court met pursuant to adjournment Present & presiding Honl. Saml. Pickens County Judge &c

            This day B. M. Chandler clerk of the county court of Sevier County by his deputy M. W. McCown presented in open court a settlement made the 10th day of September 1857 with John B. Clark Executor of the last Will and Testament of J. P. H. Clark, deceased made by said Clerk as commissioner which settlement was in all things confirmed by the court and ordered to be recorded

Mary Butler                  )           Petition to sell Land

Henry Butler & others   )

            vs                     )           In this cause, because the Clerk and Master has not

James D Emert )           reported as to the value of

& others                       )