291
Tuesday 6th April 1858.
ibid This day R S Clark presented to
the court a wild cat scalp and it appearing to the satisfaction of the court
that it was killed in be released receive a certificate which
shall be received in payment of a poll tax
ibid Ordered by the court that Wiley
Jones be appointed an overseer of the road from the forks of the road at George
Russells to the
Road 3rd Clap
This day the court appointed Robert S Clark guardian to William W Clark who is an idiot, the said R S Clark appeared in court gave bond in the sum of Twelve hundred & fifty dollars with D B McMahan & John Whaley as his securities and was duly sworn
ibid Upon the verbal petition of Wm M Bryan it is ordered by the court that E Johnson, S. H. Ellis H H Whaley, John Kelly Danl. Kelly & Thas Furgerson be appointed a jury of view to view and mark out an alteration in the road between Bryans ferry & Henrys X Roads and that they make report to the next quarterly term of this court.
On motion it is ordered by the court that the allowances of delinquencies & insolvencies allowed to J. T. Shields Revenue Collector for 1857 on yesterday be rescinded, and that said Shields be allowed to file his delinquencies and insolvencies according to law at the next quarterly Term of this court
ibid Ordered by the court that Henry
Smith be appointed overseer of the road from Underdowns
Ferry to the
Road 2nd Clap
292
Tuesday 6th April 1858
ibid Ordered by the court that M P Thomas be appointed overseer of the road from the bridge at the end of the X Street at Sevierville to the ford of the river above George McCowns 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 N B Mount be appointed overseer of the road from the mouth of Dumplin Creek to the hill below Underwoods 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 James D Seritt be appointed assigned to work on the road over which James Proffit has been appointed overseer of.
The jury of view heretofore
appointed to mark out an alteration in the road beg the alteration to
begin near Berry Williams and running up the creek to the 2nd ford
of the creek above Berry Williams made their report which is confirmed
The jury of view heretofore appointed to view and mark out an alteration in the flat creek road near Wm Ethertons who made their report which is confirmed
The jury of view heretofore appointed to view and mark out alteration in the road from Flat creek to Wm Atchleys made the following report to wit,
293
We
the undersigned jury of view after being sworn proceeded to mark the alteration
in the road leading from Flat creek to Wm Atchleys as
specified in the above order said alteration commencing and leaving the old
road on the above said petitioners land near John Lindseys
house and running round petitioners new field and intersecting the old road
below the filed near Millican creek all of which
Tuesday 6th Apl 1858
is respectfully submitted to the worshipful county court this 27th March 1858 P M Atchley John Lindsey Jesse Hill
Thas Atchley
John Lewalling
which report is confirmed by the court.
The jury of view heretofore
appointed to mark out an alterations in the public road below Madison
Howard intersecting the old road at the mouth of Wilhite
creek made their report which is confirmed
ibid Upon the petition of Henry Newman & others it is ordered by the court that Jas Proffitt, Henry Thomas Wm Henry, Henry Newman, Able Romines, Wm R Flinn John Leatherwood, John Newman & John Reece be appointed a jury of view to view and mark out a public road leading from James Newmans on the Sevierville & Flat creek road to Wm R Flinn, and that they report to the next quarterly term of this court
ibid Upon the petition of J B. Seaton it is ordered by the court that A C B Nichols John Nichols Jr. Alex Andes H B Baker Edward Loveday Wm Fox P L Duggan Adempsy Maples & Charles Walker be appointed a Jury of view to view and mark out alterations in the road from Henry Bakers to the land of Danl. F Murphys and that they report to the next quarterly term of this court.
On motion it is ordered by the court that the allowance made to R K Graham for clearing of the public square be issued in two different certificates.
A Legal number of the justices of the peace being present and
voting therefore it is ordered by the court the following costs in the suit the
State vs. Thas Ogle Levi Ogle upon a charge of arson be
allowed payable out of any money in the hands of the Trustee not otherwise
appropriated to wit
P S Shults Justice 4 days at $1 4 00
Isaac Trotter " 4 " $1 4 00
D M J Emert Constable 8 days $1 8 00
Hiram Franklin guard 5 days 50 2 50
Henry Franklin " 5 " 50 2 50
Thas J Ogle " 3 " 50 1 50
294
Tuesday 6th Apl 1858
Ordered by the court that the
sheriff of
ibid 1st Dist Pleasant Proffitt Bryant Breeden Jr.
2 " David McMahan Benjamin Parton
3 " David Mitchell J M Baker
4 " Robert Marshall Roadman Low
5 " N
W Emert H
M Thomas S. B.
6 " Arthur McFalls John Nichols
7 " Jas D Surrett John Lindsey Senr.
8 " Thas Bryan Ephraim Johnson
9 " G W Johnson R M Creswell
10 " William Lewalling Wm A Bowers Jas McCroskey
11 " Martin Clabough
12 " Marion Petty Wm Hickman Jr.
And that he summon Langston Cunningham a constable to attend on the court and Jas Lindsey a constable to attend on the grand jury
ibid Ordered by the court that Andrew Conner & Robt Conner be assigned to work on the road over which David Watson is overseer.
ibid Ordered by the court that Isaac Dockery be assigned to work on the road which M P Thomas is overseer of.
ibid Upon the verbal petition of Robert Conner it is ordered by the court that David Watson Preston Ogle David L Reagan Henry Ogle William R King & Saml Watson be appointed a Jury of view to view and mark out an alteration in the road from the mouth of Bascom Creek up to Robert Conners and that they make report to the next quarterly term of this court.
295
Tuesday 6th April 1858
ibid Ordered by the court that Daniel McCarter be appointed overseer of the road from the forks of the road at R Gatlins to Birds Creek and that he is hereby required to keep said road in lawful repair with the hands heretofore assigned
Road 3rd Clap
Ordered by the court that the clerk of this court issue to the Justices of the peace certificates upon the allowances made to them at the January Term 1857 for their services in holding the quarterly courts
to J T Shields all but T D Wynn
ibid It
appearing to the satisfaction of the court that the following poll taxes was
improperly charged for the years 1856 & 57 to wit,
R B Floyd 1 poll tax 1856 75
John Thomas 1 poll tax 1857. 75
John Spurgin 1 " " 1856 75
John Spurgin 1 " " 1857. 75
John Kear 1 " " 1856 75
John Romines 1 " " 1856 75
Joseph Huff 1 " " 1856 75
Joseph Huff 1 " " 1857 75
T D Wynn 1 " " 1857. 75
it is therefore ordered by the court the said Poll taxes be released.
Ordered by the court that B M Chandler & M W McCown be appointed to contract for putting horse racks on the public lots and repairing the well on the public square in the Town of Sevierville
ibid Ordered by the court that Richard Robertson be appointed to work on the road over which Robert Rambo is overseer from Henry Butlers to the Forge.
The jury ordered to be summoned to ascertain by inquisition the Lunacy of Malden Delozier made the following report to wit
296
"We the undersigned free holders of Sevier County having
been duly summoned and sworn as a jury to inquire into the mental condition of
Malden Delozier after diligently investigating the
matter do find the said Malden Delozier is a Lunatic
and that his insanity
Tuesday 6th Apl 1858
is of a less duration than two years, and utterly incapable of managing his own affairs with safety to himself and others We also find that there is danger to be apprehended by violence in the neighborhood to persons as well as well as his own family. We find the said Delozier to have some effects in real and personal property say from Two to five hundred dollars all of which is respectfully submitted April 6 1858
S B
R
J M Evans Joseph Gaut
C Mills J W Bean
J
Philip S Shults
which report is confirmed by the court.
The court could not get any person to enter into as guardian for the said Malden Delozier
Court adjourned until court in course
Isaac Trotter Chairman
T. Maples
D B McMahan
C. Mills
P
J M Evans
Joseph Gaut
Lemuel Bogart
W J Trotter
M. Davis
C. Johnson
S
R. M. Creswell
James W Chambers
297
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 3rd day of May 1858 on
the first Monday in May 1858 it being the 3rd day of said month
present and presiding the following Justices to wit Isaac Trotter Chairman M Davis & Thas
Maples when the following proceedings were had to wit,
This day B M Chandler clerk of this court presented to the court the following settlements to wit a settlement made with Saml Pickens admr of E Hodges Decd a settlement made with Eli Fox Guardian to Randle Reese both of which is confirmed by the court and ordered to be recorded
An instrument of writing purporting to be the last will and testament of Margaret Cunningham decd. having been presented tot he last term of this court which was then duly proven by Josias Gamble and of the subscribing witnesses. And this day appeared in open court Thomas S Harden the other subscribing witness to said will who after being duly sworn depose and say that said will was executed by the said Margaret Cunningham in his presence at her residence in Sevier County on the day it bears date in her life time and that at the time said Will was executed by the said Margaret Cunningham she was of sound mind, it is therefore ordered by the court that said will be admitted to record.
And thereupon came William McTeer the Executor appointed in said will into open court and gave bond for the faithful execution of said will in the sum of Three thousand dollars with M Davis & A. R. Trotter as his securities and was duly sworn, and thereupon letters Testamentary issued to the said William McTeer which is in the words & figures following to wit,
State
of
To all persons greeting Whereas at our County Court held for the county of Sevier at the courthouse in Sevierville on the 1st Monday of May 1858 it appeared to the court that Margaret Cunningham late of said county had died having first made her last will and testament in which William McTeer is appointed Executor
298
Monday 3rd May 1858.
and the said Will having been proved and admitted to record and the said William McTeer qualified as Executor. It was ordered that letters Testamentary issue &c. We therefore empower the said William McTeer 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 May 1858. B M Chandler clk
This day Brice McFall
presented the certificate of Lem Duggan Sheriff of
Know all men by these presents that we Brice McFall Thas S. Hardin & M W Shields 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 3rd day of May 1858.
The condition of the above obligation is such that if the above bound Brice McFall who has been elected a Constable of Sevier County for the term of two years from the first Saturday in March 1858 shall execute and due return make of all process and precepts by him received in virtue of his said 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 6 of Sevier County which by law he is required to collect and pay
299
Monday 3rd May 1858.
over to the proper office authorized by law to receive the same within the time prescribed 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 & acknowledged ) Brice McFall (Seal)
in open court ) Thas S Hardin (Seal)
Isaac Trotter Chairman M W Shields (Seal)
This day Thomas Mathes Jno T Havis Wm J
Trotter & Saml Mount presented to the court a
commission as Justices of the peace for said County from the Governor of the
State of
ibid Information being made to the court that Nancy Shields a citizen of Sevier County is a Lunatic, it is therefore ordered by the court that the sheriff of Sevier County summon a jury of twelve free holders of said County to ascertain by inquisition such Lunacy and that they make return thereof to the present term of this court, and that they also ascertain and report what lands or goods and chattels may be owned and possessed by the said Nancy Shields.
This day Perry Cate came into court and renewed his bond as guardian to the minor heirs of Wm Henderson Decd.
ibid Ordered by the court that Alex Andes, John Nichol Jr. & Jeremiah Compton be assigned to work on the road which Randle B Henders is overseer of
The Jury this day appointed
ordered to be summoned to inquire into the lunacy &c of Nancy Shields made
the following report to wit
300
The
undersigned free holders of Sevier County having been duly summoned and sworn as
a Jury to inquire into the mental condition of Nancy Shields after diligently
investigating the matter do find that the said Nancy Shields is a Lunatic and
utterly unable to manage her own affairs
Monday 3rd May 1858.
with safety to himself and others. We also find that Nancy Shields is the proprietor of a tract of land containing about forty acres and that she also has an interest in a negro girl and owns a two year old heifer and a considerable amount of household furniture and also a lot of corn
David McCroskey
John
R
B
John Ellis
E Ballard
Robt McMahan
Perry Cate
S. B Hammer
Thas Mathis
Eli Williams
S O Dickey
and thereupon came into open
court the court appointed M W. Shields and entered guardian to the
said Nancy Shields and he came into open court and gave bond with good security
and was duly sworn
ibid Ordered by the court that Isaac Keener be appointed overseer of the road from the Bridge on Tuckho Creek to the Stage road and he is hereby required to keep said road in lawful repair with the hands heretofore assigned
Road 2nd Clap
Ordered by the court that B M Chandler be appointed overseer of the road from the ford of the river at his house to the 1 mile post and he is hereby required to keep said road in lawful repair with the hands on his own farm
Road 3rd Clap
Court adjourned until court is course
Isaac Trotter Chairman
M. Davis
T. Maples