221
the Dower interest of Martha Rambo formerly Martha Butler and
widow of James Butler as directed at the last term of this court
It is therefore ordered and Decreed by the court that the said Clerk and Master Report to the next term of this court according to the Decretal Order made at the September term 1857 of this court in this cause
Court adjourned until the court in course
222
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 November 1857 being the 2nd day of said month present and presiding the Honl. Samuel Pickens county judge when the following proceedings were had
ibid Ordered by the court that John Rambo be appointed overseer of the road from the ford of the river above Geo McCowns to the ford of the river above Wm Henderson and he is hereby required to keep said road in lawful repair pair (sic) with the hands heretofore assigned
Road 2 Clap.
ibid It appearing to the satisfaction
of the court that Andrew Elijah Henderson has been improperly charged
with a poll tax for the year 1857 he being an overseer of a public road and
having served as such for twelve months, it is therefore ordered by the court
that he be released from said poll tax
ibid It appearing to the satisfaction
of the court that William Patterson has been improperly charged with a poll tax
for the year 1856 he being an overseer of a public road and It is
therefore ordered by the court that he be released from said poll tax
ibid It appearing to the satisfaction of the court that William Patterson has been improperly charged with a poll tax for the year 1857 he being an overseer of a public road, it is therefore ordered by the court that he be released from said poll tax.
This day Rhoda Douglass tendered to the court her resignation as guardian of the minor heirs of Alexr. Douglass Decd. which was accepted by the court.
223
Monday 2nd Nov 1857.
Sarah Cagle )
vs ) Petition for Dower
Isam Cagle & others )
Heirs of Wm Cagle Decd. )
This day the petition of Sarah Cagle widow of Wm Cagle Decd. for dower was filed in court by her attorney, it is therefore ordered by the court that process issue to the heirs of the said William Cagle decd.
ibid It appearing to the satisfaction of the court that Henry Newman is improperly taxed for the year 1857 with a tract of land valued at one hundred dollars, it is therefore ordered by the court that he be released from said tax.
ibid It appearing to the satisfaction of the court that Jackson King was improperly charged with a poll tax for the year 1855 he having served as an overseer of a public road for twelve months, it is therefore ordered by the court that he be released from said poll tax.
ibid Ordered by the court William McMahan be appointed overseer of the road from Sanford Allens to Adam Houks and he is hereby required to keep said road in lawful repair with the hands heretofore assigned
Road 2nd clap.
A Female child of Jane Wells having been heretofore sent to the poor house, and it appearing to the satisfaction of the court that the said Jane Wells is now in a situation to take care of said child, it is therefore ordered by the court that she be allowed to take said child from the poor house
Court adjourned until tomorrow morning 8 o clock
224
Saml. Pickens
Tuesday 3rd November 1857.
Court met pursuant to adjournment
present the Honl. Saml.
Pickens
Mary
vs ) Decree
Jas D Emert & others )
Came
on the above cause for further to be heard before the Honorable Samuel
Pickens County Judge &c on this 3rd day of November 1857 and
because it appears to the court from 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 Seventy five dollars is a
reasonable fee for the services of M. W. McCown as
counsel for the complainants in this cause and drawing petition Decrees
&c. The court is therefore
pleased to order adjudge and decree that the clerk of this court of the
proceeds of the sale of the lands mentioned in the petition pay to the said M.
W McCown the sum of Seventy five dollars for the
above named services
And because it further appears to the court from the report of the clerk made in pursuance to an order of this court which report is unexcepted to is in all things confirmed that the dower interest of Martha Rambo formerly Martha Butler in one share of the lands mentioned in the petition is of the value of one hundred dollars. The court is therefore pleased to order adjudge and decree that the clerk of this court pay to the said Martha Rambo the sum of one hundred out of the proceeds of the sale of said lands as full satisfaction of her dower interest in said lands, that he pay all costs of this cause out of the proceeds of the sale of said lands and that he pay the balance of the proceeds of said sale to the heirs of Horatio B. Butler decd. or to their guardians or assigns as they are respectively thereto entitled.
Court adjourned until court in course
Saml. Pickens
225
The State of
Be it remembered that at a county court began & held for the county of Sevier at the court house in Sevierville on the first Monday of December 1857 being the seventh day of said month The Honorable Samuel Pickens county judge failing to attend court is adjourned until tomorrow morning 10 o clock.
B. M. Chandler clk
Tuesday 8th Decr. 1857
Court met pursuant to adjournment
present and presiding the Honorable Samuel Pickens county Judge of said
ibid Ordered by the court that McNulty McMahan be appointed overseer of the road from the Tally place to David McMahans mill 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 West Emert be appointed overseer of the road from the ford of the river below the forge to the middle of the long ford 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 Wm R Underwood be appointed overseer of the road from Dumplin Creek to Tuckho Creek 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 the hands on Anderson Bowers farm and George Brown be assigned to work on the road which William Haggard is overseer of.
226
This day M W McCown Deputy clerk of
this court presented to the court a settlement made with Thomas G. Douglass
Guardian of the minor heirs of Albert Henry Decd. which was confirmed by the
court and ordered to be recorded
Tuesday 8th Decr. 1857.
ibid It appearing to the satisfaction of the court that Ephraim Johnson had been appointed overseer of the road from the bridge on Dumplin Creek to the river at John Kellys and that he had served as overseer in less than five years and it is ordered by the court that John Kelly be appointed overseer of said road and that he have until the April Term of this court to open out said road with the hands heretofore assigned
Road 2nd Clap
This day B M Chandler clerk of this court presented a settlement made with M Davis Exec. of the estate of Charles Reed Decd. which is in all things confirmed by the court and ordered to be recorded
This day C A. Clementson presented the certificate of Lem Duggan Sheriff of Sevier County of his Election to the office of Constable in the 5th District of Sevier County who gave bond and security as required by law and who took the necessary oath of office which bond is in the following words and figures to wit.
Know all men by these presents that we C A Clementson, J C Murphy, W C Murphy & J M Hammer are held and firmly bound unto the State of Tennessee in the penal sum of Four thousand dollars for the payment of which well and truly to be made, we bind ourselves our heirs executors and administrators, Jointly and severally firmly by these presents, sealed with our seals and dated this 8th day of December 1857.
227
The conditions of the above obligations is such that if the
above bound C A Clementson who has been elected a
Constable of Sevier County for the term of two years from the 30th
day of Oct 1857, shall execute and due return make of all process and precepts
by him received in virtue of his said
office election and pay and
satisfy all fees and sums of money by him received or levied by virtue of any
process to the person or persons to whom the same may be due and shall well and
truly collect all specific taxes within Civil District No 5 of Sevier County
which by law he is required to collect and pay over to the proper officer
authorized by law to receive the same within the time prescribed
Tuesday 8th Decr. 1857.
by law, and in all other things well and truly and faithfully execute and discharge the several duties of Constable during his continuance in office then the above obligation to be void otherwise to be in full force
Signed sealed and C A Clementson (Seal)
acknowledged in open J C Murphy (Seal)
court W C Murphy (Seal)
Saml Pickens J M Hammer (Seal)
ibid Ordered by the court that C H Fox be appointed overseer of the road from the middle Creek road to intersect the public road running up the big east fork near Henry Butlers and he is hereby required to keep said road in lawful repair with the hands heretofore assigned
Road 2nd Clap
Rhoda Douglass widow )
of Alexr. Douglass Decd. )
vs ) Petition for Dower
The heirs at Law of )
Alexr. Douglass Decd. )
Be
it remembered that this cause coming on to be heard before the Honorable Samuel
Pickens County judge on this 8th day of December 1857 upon the
petition, and it appearing that all the proper parties are before the court,
and it appearing that all the several years since Alexander Douglass
departed this life intestate in Sevier County seized and possessed of certain
lands mentioned in the petition leaving petitioner his widow and the other
persons named in the petition as his heirs from all which it appears that the
said petitioner is well entitled to the endowed of the said lands of which the
intestate died seized and possessed as aforesaid. The court doth therefore order adjudge
and decree that John Mullendore county Surveyor David
Keener & John Farmer all of whom are free holders and unconnected with any
of the parties either by affinity or consanguinity who after being duly sworn
shall proceed to designate and set apart by meets and bounds the one third part
of all the lands
228
Tuesday 8th Decr. 1857.
and tenements which were of the said Alexr. Douglass decd. regard being had to quantity and quality, and that they make return here into court a fair plat of the same to the next term of this court
Sarah Cagle )
vs ) Petition for Dower
Ben Tipton & others )
This cause is continued by consent until the next term of this court and it is agreed that if Benjamin Tipton one of the respondents be allowed to answer at the next term
ibid It appears to the satisfaction
of the court that William. L. Scruggs a citizen of
Mary Romines Guardian &C )
vs ) Petition
to
The heirs of Laten Romines Decd. )
Be it remembered that this cause coming on to be heard before the Honorable Saml. Pickens County Judge &C on this 8th day of Decr. 1857, and it appearing to the court that this is a proper cause for an account The court is therefore pleased to order that the clerk of this court hear proof and ascertain
1st Whether it would be clearly and manifestly to the interest of the parties concerned to have said land mentioned in the petition sold instead of partitioned and the proceeds divided. 2nd What is the value of the lands mentioned in the petition and also the value of the interest of petitioners and that he report to the present term of this court.
229
Tuesday 8th Decr. 1857
Mary Romines Guardian &C )
vs )
The heirs of Laten Romines )
This cause coming on further to be heard before the Honorable Saml. Pickens county judge &C on this 8 Decr. 1857, and the report of the clerk made in this cause 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 according to law of the time and place of sale shall proceed to sell the tract of land mentioned in the petition to the highest bidder at the courthouse door in Sevierville upon a credit of twelve months, the purchasers giving bond and good security for the purchase money and a lien retained upon said land until the purchase money is well and truly paid, and that said land shall not be sold for a less sum than Two hundred dollars and that he report to the April term of this court
This day B M Chandler clerk of this court presented to the court a settlement made with James & Henry Ogle Executors of the Estate of William Ogle Sr. Decd. with the exceptions it was continued until the next term of this court
ibid Ordered by the court that the
Sheriff of Sevier County summon the following good and lawful men of said
County to attend as Jurors at a Circuit Court to be held for the
1st Dis. Joab Rolen, Isaac Breeden
2 " John Ownby
3 " Nelson Fox Danl. Inman
4 " Cleson Robeson, Geo Flinn
5 " S B Hammer, John Mullendore, Winston Carter
6 " John
7 " G
W T Hill,
8 " Olliver Henry, Joel Hudson
9 " Geo
Wade, John S
10 " Zachariah Thomas Sr., John Latham
11 " Henry Ogle, Thos. McCarter
12 " Moses Russell, Thos. Hickman Jr.
230
Tuesday 8th Decr. 1857.
and that C A Clementson be summoned to attend on the court and D M J Emert to wait on the Grand Jury
Court adjourned until court in course
Saml. Pickens