231
State of
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 of January in the year of our Lord One thousand Eight hundred and fifty Eight being the fourth day of said month, present and presiding the following justices of the peace of said county of Sevier to wit, P. S. Shults, F. L. Emert, N M Baker, L Bogart, Isaac Trotter, Thas. Maples, C Mills, W J Trotter, J T Havis, J W Chambers, R W Crowson, J B Seaton, M Davis, J Gaut, E Underwood, S W Randles, R M Creswell, J M Evans, C Johnson, E Ogle, Jno Whaley, N J Huffaker & John H Cate when the following proceedings where had
This day the court proceeded to the election of a Chairman of the county court of Sevier county and after voting and counting out the votes it appeared that Isaac Trotter had received Sixteen votes that John T Havis received Six votes and J W Chambers one vote it was thereupon declared by the court that Isaac Trotter was duly elected chairman of this court, who entered upon the duties of said office.
ibid Ordered by the court that
William Stinnet be appointed overseer of the road
from the forks of the road below G W Catons on Birds
Creek to Aron Whaleys
William Stinnets 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 Annias James be appointed overseer of the road from B. M. Chandler to Rawley Romines and he is hereby required to keep said road in lawful repair with the hands heretofore assigned
Road 3 clap
232
Monday 4th January 1858.
A Legal number of the justices of
the peace being present and voting in the affirmative it is ordered by the
court that the following bills of costs be allowed payable out of any moneys in
the hands of the
ibid The State )
vs ) Retailing
William Ingle ) No 1 Acquitted
M. W. McCown clerk $3.05
Lem Duggan shff 1 65
Jas A Moore witness 2.25
ibid The State )
vs ) Retailing
William Ingle ) No 2 Acquitted
M. W. McCown clerk $3 05
Lem Duggan shff 1 65
John.
ibid The State )
vs ) Peace Warrant
Mariah Ogle ) Dismissed
M. W. McCown clerk $1 40
Lem Duggan shff 8 75
P. B. Nichols D Shff 3 60
Marcas Graham Guard 3 60
C A Clementson Guard 1 80
Henry J Dick jailor 35 40
J. T. Havis J P. 1 95
Geo Roberts witness 4 25
Rachel Roberts " 3 50
M. Thornburgh atty Genl. 5 00
ibid The State )
vs ) Extortion
John. T. Shields ) Acquitted
M
Lem Duggan shff 2 15
Wm T. Manis witness 2 75
I M Evans J P " 45
M
233
Monday
4th January 1858.
ibid The State )
vs ) Sci Fa
William Godwin )
A J Fletcher atty Genl protem $2 50
M. W McCown clerk 4 77 1/2
A Donalson shff " 62 1/2
ibid The State )
vs ) Lewdness
Barbara Gibson ) Acquitted
M. W. McCown clk $1 70
Lem Duggan shff 1 65
ibid The State )
vs ) Lewdness
Thas Weeks )
M. Thornburgh atty Genl $2 50
M. W. McCown clk 3 70
Lem Duggan shff 14 75
Thas Maples gr witness 1 50
Charlotta Low " 1 50
ibid The State )
vs ) Lewdness
Joseph Hall ) Acquitted
M. W. McCown clk $2.80
Lem Duggan shff 2 15
Wm Baker witness 1 50
David Gibson " 2 25
Henry Baker " " 75
ibid The State )
vs ) A & B
Ben Atchley Jr. ) Acquitted
M. W. McCown clerk $3.30
Lem Duggan shff " 15
L. C. Roberts D shff 2 25
William R. Flinn witness 1 50
Saml. Catlett " 1 50
Jane Richards " 1 50
M C Murphy " 1 50
234
Monday 4th January 1858
A Legal number of the justices of the peace being present and voting therefore it is ordered by the court that the following allowances be made payable out of any money in the hands of the Trustee not otherwise appropriated to wit,
David Robertson for bringing 4 children to court to be bound out $4.00
Arch France 1 Red fox scalp 1 00
Marion Tipton 1 Red Fox scalp 1 00
William Hurst 1 Red Fox scalp 1.00
Wellington McMahan for 5 1/2 loads of wood for court 5.50
John Linallen 1 Red Fox scalp 1.00
A Legal number of the justices of the peace being present and voting therefore it is ordered by the court that the following taxes be assessed and levied for the year 1858 to wit
For county purposes Twenty six & a half on the hundred dollars worth of taxable property
For Poor purposes five cents on the hundred dollars worth of Taxable property.
For
the purpose of paying off the debts balances owing by the county for the
building the old and new court houses & jail, Six cents on the hundred
That a county tax of the amount of the State Tax be levied for the privilege of Exhibiting Shows Hawking & Peddling and retailing spirituous Liquors, and on all other privileges one half of the State Tax.
235
and
it is further ordered by the court that should the
tax Lunatic Hospital
tax be continued that it be deducted from the county tax, and the county tax be
reduced that much
Monday 4th January 1858.
A Legal number of the Justices of the peace being present and voting therefore it is ordered by the court that the following allowances be made payable out of any money in hands of the Treasurer of poor house not otherwise appropriated to wit
John H Murphy for a coffin for )
Nancy Patty ) $3.00
To Dr. Hodsden for the use of Elijah Maples
for the support of his grand daughter 15.00
Sarah Cagle )
vs ) Petition for Dower
The Heirs of Wm Cagle )
Deceased )
This cause coming on to be heard before the county court on this 4th day of January 1858 upon the petition and answer of Benjamin Tipton one of the defendants, it is considered by the court that said petition be dismissed and that the petitioner pay the costs of this cause for which execution is awarded.
This day the petition of Thomas J Ogle was presented to the court asking that he be allowed to remove the bars from across the road running through his field and close up said road and it appearing to the court that the road as laid out by a jury of view around his field had been opened and in good order it is therefore ordered by the court that he be permitted to remove said bars and close the road through his field
__________
236
This day the commissioners of the poor house reported to court
that they had appointed John Kear superintendent of
the poor house for
Monday 4th
Jan 1858
ibid Upon the petition of Radford Gallin it is ordered by the court that West Emert Thas McCarter Amos Gobble, James Maples Maples Blaylock & Thas Helton be appointed a jury of view to view and mark out a road from the Roaring fork running with the river and the petitioners field so as to intersect the old road at the fork of the Sevierville and Glades roads and that they report to the next quarterly term of this court
ibid Ordered by the court that Jas D Surrett be appointed overseer of the road from the lower end of his plantation to the Dandridge road on Jesse Hills plantation and he is hereby required to keep said road in lawful repair with the hands on his own farm
Road 3rd clap
ibid Ordered by the court that Derias Robeson be appointed overseer of the road from Sanford Allens to Cleson Robesons and he is hereby required to keep said road in lawful repair with the hands heretofore assigned
Road 2nd clap
ibid Upon the verbal petition off Mathew Tarwater it is ordered by the court that John Rule Marion Tipton Laben Jenkins Saml Rule Caleb Jenkins Claborn Baker be appointed a jury of view to view and mark out an alteration in the road leading through the farm of said Tarwater leaving the old road East of his barn and intersecting the old road at the most practable point West of said barn and that they report to the next quarterly term of this court.
237
Monday 4th January 1858.
ibid Ordered by the court that John McMahan Jr., be appointed overseer of the road from Abraham McMahans to the upper end of Wm Cannons farm and he is hereby required to keep said road in lawful repair with the hands heretofore assigned
Road 2 clap.
ibid Ordered by the court John H
Coldwell Thomas Bryan Sr. & Wm
E Bryan be appointed commissioners to lay of a years provision support
for Joanna Wall widow of Edward Wall decd. out of said Estate and that they
make report to the next term of this court.
This day the court proceeded to the election of a Revenue Collector for the year 1858 and after voting and counting the votes it appeared that Jesse Stafford received fifteen votes and R. S. Clark seven votes the court therefore declared that Jesse Stafford was duly elected Revenue Collector for said year.
_____________
ibid This day Elisha
Ogle produced to the court a wild cat scalp which is proven to the satisfaction
of the court that is was killed in
ibid Ordered by the court that R B Henderson be appointed overseer of the road from the forks of Thackers creek to the ford of the river at Wm Hendersons and he is hereby required to keep said road in lawful repair with the hands heretofore assigned
Road 2nd Clap
ibid This day William Huskey produced to the court the scalps nine wild cats scalps
which is proven to the satisfaction of the court were killed in Sevier County
it is therefore considered by the court that he receive certificates which
shall be received as payment of a poll tax for each scalp.
238
Monday 4th January 1858.
ibid Ordered by the court that James
Cameron be appointed overseer of the road from George Fox Sr. to the
Road 2nd clap
It appearing to the satisfaction of the court that Edward Wall late of said county had died in this county intestate and having whilst living goods and chattels rights and credits, the court therefore appointed I. N. Underwood administrator of the Estate of the said Edward Wall deceased who appeared in open court and gave bond in the sum of one thousand dollars with Enoch Underwood as his security and was duly sworn as the law directs and thereupon letters of administration issued to the said I N Underwood which is in words and figures following to wit,
"State of
To
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 January 1858 that Edward Wall late of said county had died intestate having whilst living and at the time of his death, goods and chattels and credits, the ordering and granting administration whereof doth appertain unto us and we being desireous that the said goods and chattels rights and credits, may be well and faithfully administered, do grant unto you the said I. N. Underwood 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 Edward Wall 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 when thereto
239
Monday 4th January 1858.
required. Witness B. M. Chandler clerk of said court at office in Sevierville the 1st Monday of January 1858 B. M. Chandler clk
By his Dept M. W. McCown.
Rhoda Douglass )
vs ) Petition for Dower.
The heirs at Law of )
Alexander Douglass decd. )
On this 4th day of January 1858 came on the above cause for final hearing before the county court of Sevier County now setting upon the pleadings and the report of the jury appointed at the last term of this court to allot and set apart dower to the said Rhoda Douglass widow of the said Alexander Douglass decd. out of the real Estate of the said Alexander Douglass decd. which report is unexcepted to and is in all things confirmed, and is in the words and figures following to wit,
"We the undersigned commissioners being unconnected with the parties either by affinity or consanguinity and entirely disinterested. In obedience to an order of the county court at the December term 1857 have met upon the premises and after having been duly qualified and fully understood the matter have proceeded to assign and lay off Dower to Rhoda Douglass widow of Alexander Douglass Decd. out of the real Estate of the said Alexander Douglass decd.
240
Do assign for her dower the following described land To wit,
with the erection & improvements thereon one half of the tract known as the
home tract continuing in all two hundred and seventy five acres be the same
more or less which tract by the last Will and testament of Edward Routh decd. was bequeathed to the said Alexander Douglass
decd. and the said Rhoda Douglass, the one half of said tract in our opinion
belongs to the said Rhoda and not to be taken into the consideration in
assigning of said dower. The
boundaries of the whole tract of land is as follows: Beginning at a small hickory & post
oak near a pine & B. O. running East 181 poles to two post oaks S 184 poles
to two post oaks Hamiltons corner, E 36 poles to a
stake & white oak, S 100 poles to a post oak, W 27 poles to two post oaks,
N 21 poles to a pine Dotsons corner West 191 poles Monday 4th
January 1858.
to a large chestnut oak & dogwood thence north to the beginning. One other tract containing fourteen & one half acres be the same more or less and bounded as follows. Beginning at a stake & pine a corner to an entry made by said Rhoda Douglass & running with the same N 50 poles to a stake, East 26 poles to a stake a corner to said Entry & in the line of the old survey & the Hamilton line, then with the same N 46 poles to a pine in the same, W 20 poles to a stake near a blazed hickory, S 44 poles to a stake near a blazed pine, thence a direct line to the beginning also one other lot supposed to be between fifteen & twenty acres known as the Lot purchased by said A Douglass decd. from William Dotson Jr. lying joining the south West end of said dower, which in our opinion constitutes one third of the real estate of the said Alexander Douglass decd.
Given under our hands & seals this 31st day of December 1857.
John Mullendore (Seal)
David Keener (Seal)
John Farmer (Seal)
left blank for plat
Laid down 80 poles per inch
The above plat is a fair representation of the dower assigned to Rhoda Douglass Except the lot called the Dotson lot, Boundaries of which we could not obtain. Given under my hand & seal this 31st day of December 1857 John Mullendore (Seal)
Surveyor
It is therefore ordered adjudged and decreed by the court that the title of the heirs at law of the said Alexander Douglass decd. in and to the said tracts of lands be divested out of them