251
Wednesday 6th Jan 1858
This day Samuel Chance and H M. Thomas was sworn as commissioners of the poor house
Ordered by the court that Isaac Trotter Saml Pickens & B M Chandler be appointed to make settlement with J T Shields revenue collector as to insolvencies and taxes improperly charged and that they meet for said purpose on next Saturday week
A Legal number of the Justices
being present and voting in the affirmative it is ordered by the court that the
following and allowances be made to the Justices of the peace of Sevier
County of one dollar per day for holding the quarterly courts for the year
1857, payable out of any moneys in the hands of the Trustee not otherwise
appropriated and that the clerk make out said allowances from the received
ibid It appearing to the satisfaction of the court that Zachariah Thomas was improperly charged with a poll tax for 1856 it is therefore ordered by the court that he be released from said poll tax
Ordered by the court that the sheriff be required to cut up and put in the grand Jury room what public wood he procures for the court house
ibid It appearing to the satisfaction of the court that N J Ellis is improperly charged with a poll tax for the year 1857 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.
Court adjourned until court in course
Isaac Trotter Chairman
J M. Evans C. Johnson
T. Maples Elijah Ogle
Thomas Cate N. M. Baker
John Whaley Lemuel Bogart
R. M. Creswell Joseph Gaut
M
James W. Chambers J H Cate
N. J. Huffaker
252
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 1st Monday of February 1858 being the first day of said month present and presiding the following justices of the peace of said county to wit, Isaac Trotter chairman, M Davis & Thas Maples when the following proceedings were had to wit,
This day M. W McCown Deputy Clerk of this court presented the following settlements to wit a settlement with T C Brabson one of the Executors of the last Will of John Brabson decd. a settlement with Hiram Bogle Guardian of Joseph B Davis & Pricilla J Davis minor heirs of R J Davis Decd. which settlements were confirmed by the court and be recorded.
This day B. M Chandler clerk of this court presented to the court the following settlements to wit, a settlement with W. A. McNutt guardian to Berry S. Davis minor heir of R J Davis Decd., a settlement with Mary M McCroskey Guardian to the minor heirs of Robt. McCroskey decd.
A settlement with Shannon Felker admr. of Saint Clair Shannon Decd.
A Settlement with Berry Atchley Guardian to the minor heirs of Thas Atchley decd.
A settlement Cornelius Fox Guardian to the minor heirs of Nelson Mitchell decd.
A settlement with Cornelius Fox Guardian to the minor heirs of John Tunis Decd.
A settlement with Berry J. Tipton Guardian to Nancy C. Lawson Decd.
253
A
settlement with B. D. Brabson Guardian to Ann E.
& John E Davis minor heirs of R J Davis decd. all of which settlements were confirmed
by the court and ordered to be recorded.
Monday 1st February 1858.
Ordered by the court that Margaret Stofle who the shff was ordered
to be brought bring to this court to be bound out was discharged
Wilson L Trundle Exr &C )
vs )
David L. Trundle & others )
On this 1st day of February 1858 B. M. Chandler Clerk of this court moved the court for Judgment against Aletha E Ellis Wilson L Trundle & Ansalum Graham for the sum of one hundred and sixty dollars with the further sum of Two dollars seventy five cents the interest thereon, as the amount of the purchase price of a slave named Judy mentioned in the pleadings reports and decrees of this cause, and sold by a decree of this court, and it appearing to the court that on the 16th day of April 1857 the said B. M. Chandler clerk of this court under and by a decree thereof sold at public auction the salve above named, and at said sale the said Aletha E Ellis became the purchaser at and for the sum of one hundred and sixty dollars due and payable to the said Chandler six months after the said 16th day of April 1857, and for the payment of said sum at that time, the said Aletha E Ellis executed her bill single with the said Wilson L Trundle & Ansalem Graham her securities for the payment of said sum due six months after the said 16th day of April 1857. And it further appearing to the court that said bills ingle is due and unpaid and that no part of said bill single has been paid. It is therefore considered by the court that the said B. M Chandler clerk of this court recover of the said Aletha E. Ellis Wilson L Trundle & Ansalum Graham the said sum of one hundred and sixty dollars together with the sum of Two dollars & seventy five cents the interest accrued thereon and all costs of this motion for which execution is awarded
254
Monday 1st Feby 1858.
ibid It appearing to the satisfaction
of the court that Benjamin Atchley is was
improperly charged with the taxes on a tract of land for 1857 valued at $200.
it is therefore ordered by the court that he be released from said tax.
This day came William H. Cowan into open court and gave bond as Executor of the last Will and testament of Thomas Tolbert deceased in the sum of Ten thousand dollars with L. W. Burns Wm A McNutt J. M. Cowan & David Keener as his securities and he was thereupon duly sworn as such when the following letters testamentary issued to wit,
State
of
To all persons Greetings
Whereas at a county court held for the county of Sevier at the courthouse in Sevierville heretofore it appeared to the court that Thomas Tolbert late of said county had died having first made his last will and testament in which William H Cowan is appointed Executor, and the said Will having been proven and admitted to record, and the said William. H. Cowan is qualified as Executor. It was ordered that letters Testamentary issued &C, We therefore empower the said William. H. Cowan to take into his possession all and singular the goods and chattels rights and credits of the said testator wheresoever the same may be found, and all just debts of said Testator and all the legacies specified in said will well and truly to pay so far as the said goods and chattels rights and credits may extend and in all things to administer said goods and chattels rights and credits according to the tenor of said will and the law of the land
Witness B M Chandler clerk of said court at office in Sevierville the 1st Monday of February 1858 B M Chandler Clk
By M. W. McCown D Clk
255
Monday 1st Feby 1858.
It appearing to the satisfaction of the court that Sarah Tolbert late of said county had died intestate in this county and having whilst living goods and chattels rights and credits,
The court therefore appointed William. H. Cowan administrator of said estate who appeared in open court gave bond in the sum of two thousand dollars with L W Burns Wm. A. McNutt, J M Cowan & David Keener as his security and was duly sworn according to law and thereupon letters of administration issued to the said William. H. Cowan which are as follows
State of
To William. H. Cowan Greeting
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 February 1858 that Sarah Tolbert 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 desirous that the said goods and chattels rights and credits may be well and faithfully administered do grant unto you the said William H Cowan full power by these presents well and truly to collect and to take unto your possession all and singular the goods and chattels rights and credits which were of the said Sarah Tolbert 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 required. Witness B M. Chandler clerk of said court at office in Sevierville the 1st Monday of Feby 1858 B. M. Chandler Clk
By M. W. McCown D Clk
256
Monday 1st Feby 1858.
ibid Ordered by the court that Joel Hudson be appointed overseer of the road from Brabsons ferry to Henrys X Roads and he is hereby required to keep said road in lawful repair with the hands heretofore assigned
Road 2 clap.
This day David McMahan Jr.
presented to the court a commission us from the Governor as a justice of
the peace for Sevier County dated 11th January 1858, thereupon the
said David McMahan Jr. was duly sworn according to law as a justice of the
peace.
It appearing to the satisfaction of the court that Catharine Palmer is a person of weak mind and not in a condition to transact her business, the court therefore appointed R M Creswell Guardian to the said Catharine Palmer, who appeared in open court gave bond in the sum of four hundred Dollars with David Keener & L W Burns as his securities and he was thereupon duly sworn
ibid Ordered by the court that Joseph
Flinn & William Flinn are
be assigned to work on the road over which Annias
James is overseer from B. M Chandlers to Rawley Romines.
257
ibid Upon
the verbal petition of J B Seaton it is ordered by the court that A C B.
Nichols Wm. Fox Edward Loveday P. L Duggan & Laleen
Jenkins are appointed a jury of view to view and mark out an alteration in the
road from Henry Baker, to the Land of Daniel F Murphy and that they make report
to the next quarterly term of this court
Monday 1st Feby 1858.
ibid Upon the verbal petition of Bryant Breeden it is ordered by the court that Madison Howard, James Williams, John Keeler, James Baker & Carroll Shrader be appointed a jury of view to view and mark out alterations in the public road from below Madison Howards to intersect the old road at the mouth of Wilhite Creek and that they report to the next quarterly term of this court.
ibid Upon the verbal petition of Geo
Fox it is ordered by the court that John Walker Henry Houk,
George Fox Jr. Wm Fox Sr. &
George Ailey be appointed a jury of view to view and
mark out alterations in the road from the
ibid Ordered by the court that James Walker be appointed overseer of the road from the Seven mile post to John Walkers 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 that Henry Butler was improperly charged with the taxes for the year 1857 of a tract of land valued at $350. it is therefore ordered by the court that he be released from said taxes.
ibid It appearing to the satisfaction of the court that Elijah Cate was improperly charged with the taxes for 1857 of a tract of land valued at $350. it is therefore ordered by the court that he be released from said taxes.
ibid It appearing to the satisfaction of the court that Isaac Thomas was improperly charged with the taxes for the year 1856 of a tract of land valued at $750. it is therefore ordered by the court that he be released from said taxes
258
Monday 1st Feby 1858.
ibid It appearing to the satisfaction of the court that James Newman was improperly charged with the taxes for the year 1856 of a tract of land valued at $500. it is therefore ordered by the court that he be released from said taxes.
ibid It appearing to the court that John Reese was improperly charged with a poll tax for the year 1857 he having been an overseer of a public road, it is therefore ordered by the court that he be released from said poll tax.
Ordered by the court that James Manis be released from working on the Emerts Cove road.
This day the court proceeded to bind to Henry Houk a Girl by the name of Fanny C Manis aged nine years until she is eighteen years of age according to the contract set forth in the Indenture,
Robert H Hodsden & )
Redmon McMahan Exrs. )
vs ) Petition to sell Land
Thomas McMahan )
Sanders McMahan & others )
259
Be
it remembered that on this first day of February 1858 the following cause came
on for further on the petition and answer and parole proof of the Executors and
it appearing to the satisfaction of the court that said Executors have gone on
and fully administered all the personal assets into their hands as exrs. of the last will and testament of William McMahan decd.
and there are still bona fide debts and demands due and owing from said estate
to the amount of near four hundred dollars and that said William McMahan died
seized and possessed of real estate lying and being in Sevier County. It is therefore ordered adjudged and
decreed by the court that the said Exrs. sell that
portion
Monday 1st Feby 1858
of the real estate known as the Spencer Benson farm reserving two acres of the same off the lower end to the widow of said William McMahan as a devise to her and also reserving a portion of said land on the upper end to G N McMahan and all the right title and interest of said land which is not reserved is hereby directed out of the heirs of the said estate of Wm McMahan decd. and vested in his executors Robt. H. Hodsden & Redmon McMahan
This day the court appointed Isaac Trotter guardian to Jemima Butler minor heir of H. B. Butler decd. who gave bond in the sum of one thousand dollars with Henry Butler as his security and he was duly sworn
Court adjourned until court in course
Isaac Trotter Chairman
T. Maples
M. Davis
260
State of
Sevier County ) 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 March 1858 it being the 1st day of said month present and presiding the following Justices of the peace to wit, Isaac Trotter Chairman M Davis & Thas Maples when the following proceedings were had to wit,
ibid Upon the petition of R. H. Hodsden it is ordered by the court that John Ownsby, Preston Whaley, William Mays, Perry Whaley, & John Huskey be appointed a jury of view to view and mark out an alteration in the public road in Green brier Cove commencing at the hill at the lower end of the cove and running next to the hill till it gets nearly opposite the house where Wm Whaley Jr. formerly lived and then to the river, and that they report to the next term of this court.
ibid Ordered by the court that William Roberts be appointed overseer of the road from the forks of the road at Hugh Blairs to Morgan Davis and he is hereby required to keep said road in lawful repair with the hands on the farm of J H Atchley the hands on the farm where Nathan Reed lives the hands on the farm where A J Reed lives and the hands on Wm Roberts farm and the hands on C M Hardins farm
Road 2nd clap
ibid Ordered by the court that Abel Romines & Jacob Flinn be assigned to work on the road which Annomias James is overseer of
ibid Ordered by the court that William Flinn and Joseph Flinn be assigned to work on the road which Henry Thomas is overseer of.