Monday 5th July 1858.
ibid Ordered by the court that Joel Barnes be appointed overseer of the road from Bryans Ferry to Henry X Roads 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 George Fox Jr. was improperly charged with a poll tax for the year 1858, he having served as an overseer of a public road for twelve months previous, it is ordered by the court that he be released from said poll Tax.
ibid It appearing to the satisfaction of the court that Thomas H Ogle was improperly charged with a poll tax for 1858 it appearing to the court that he was under Twenty one years of age it is ordered by the court that he be released from said poll tax.
ibid It appearing to the satisfaction of the court that Henry Newman is improperly charged with a tract of land for the year 1858 valued at $100. it is therefore ordered by the court that he be released from said land Taxes
ibid Upon the petition of Thos Lindsey it is ordered by the court that W F Nichols, J D. Seritt G M Maples, Jas Lindsey & Berry M Atchley be appointed a Jury of view to view and mark out a road commencing near P. M. Atchleys running through the Knobs intersecting the Sevierville and flat creek road near the Vance Cabin, and that they report to the next quarterly term of this court
312
This day an instrument of writing purporting to be the last
Will and testament of Henry Butler decd. was presented to the court for probate
and thereupon came Geo McCown the subscribing witness to said will who after
being duly sworn depose and say that the said Will was executed by the said
Henry Butler in his presence in Sevier County on the day it bears date, and
that at the time said will
Monday 5th July 1858.
will was executed the said Henry Butler was of sound mind, and also came William H Trotter who after being duly sworn depose and say that he was acquainted with the hand writing of Henry Butler decd. and that said Will is in the proper handwriting of the said Henry Butler, it is therefore considered by the court that said paper writing is the last will and testament of the said Henry Butler decd. and that the said will be admitted to record.
ibid Ordered by the court that Joseph M Hodges be appointed overseer of the road from the forks of the road near Waylands Mill to the East bank of the branch East of Langfords and he is hereby required to keep said road in lawful repair with the hands heretofore assigned
Road 3 Clap.
ibid Upon the verbal petition of Jas McMahan it is ordered by the court that Jacob Huber, A Lawson, Berry Mitchell, John Snapp & James A Smith be appointed a Jury of view to view and mark out an alteration in the road from Jas McMahans Bars to J C. Yetts line and that they report to the next quarterly term of this court
ibid Ordered by the court that John
Douglass be appointed overseer of the road from the
313
Road
1st Clap
Monday 5th
July 1858
ibid Ordered by the court that John Spurgins be appointed overseer of the road from the forks of the road below Catons to the forks of Birds Creek above A Maples and is hereby required to keep said road in lawful repair with the following hands to wit, the hands on Catons farm from the forks of the road up the creek the hands on David McMahans farm the hands on Arch McMahans farm
Road 3rd Clap
ibid Ordered by the court that
William Stinnett be appointed overseer of the road from the forks of Birds
Creek to Eli Williams and he is hereby required to keep said road in lawful
repair with the following hands to wit the hands on David McMahans upper farm
where H Franklin lives Nicholas the hands on Nicholas Ownsbys farm, the
hands on James Ownsbys farm & the hands on Wm Stinnett farm.
Road 3 Clap.
Ordered by the court that Jeremiah M Thomas be allowed to erect two gates across the road leading out from the river through his farm
ibid Ordered by the court that Daniel
McCarter be appointed overseer of the road from Eli Williams to Gatlins and he
is hereby required to keep said road in lawful repair with the following hands
to wit the hands on Henry Franklins farm the hands on Thomas McCarters farm,
the hands on Joseph McCarters farm, the hands on Eli Williams farm the hands on
the farm of Wm King, and the hands on the farm of Thomas I Ogle, and the
hands on the farm of Aaron Ownsby.
314
Road
3rd Clap.
Monday 5th July 1858.
This day the jury of view heretofore appointed to view and mark out a road of the 3rd clap from the public road at Jacob Evans on Birds Creek to Aron Whaleys made the following report
The undersigned jury after being duly summoned and sworn proceeded to law off and mark out a road from the public road near Jacob Evans to Aaron Whaleys according to law to the best of our Judgment this 26th June 1858
Aron Ownby
G B McCarter
Wm Stinnet
John Ogle
Jackson Proffit
Aaron Whaley
ibid Ordered by the court that Aaron Whaley be appointed overseer of the road from Jacob Evans to said Whaleys house and he is hereby required to keep said road in lawful repair with the hands on Aaron Whaleys farm the hands on Jackson Proffit farm and the hands on Wm H Ogle farm
Road 3rd Clap
This day the Jury of view heretofore appointed to view and mark out a road from Bascom Creek to Robt Conners made the following report to wit
We the Jury summoned and sworn to view out a third clap road from the present dwelling house of Robert Conner down Bascom Creek to the Smoky mountain road at the mouth of said Baskins
David L. Reagan
David Watson
Saml Watson
Wm R King
which said report is in all things confirmed by the court
315
Monday 5th July 1858.
ibid Ordered by the court that J P Cole be appointed a overseer of the road from the Smoky mountain road to J P Coles and he is hereby required to keep said road in lawful repair himself
Road 3rd Clap
This day the Jury of view
heretofore appointed to view and mark out a public road from the gap of
We the undersigned after being duly sworn according to law did proceed to mark out & lay off the road described said road to commence at the head of Morgans mill dam running with the valley road near it crossing the Spring Branch Below Mordicai Morgans thence with or near the old road intersecting the public road near Glasgo Snoddys all of which is respectfully submitted to the court this 25th April 1858
George Wade
Joseph Delozier
Adam Creswell
Michael Fagala
Jas Cowden
which said report is in all things confirmed by the court.
_______________
On motion, it is ordered by the court that the clerk of this court sell to the highest bidder the farm owned by the county lying on Middle Creek in Sevier County known as the poor house farm for not less than thirteen hundred and fifty dollars upon a credit of one two & three years credit taking notes with approved security for the payment of the same and a lien retained on said land until the purchase money is paid possession to be given the 1st January 1859, the vote on said proposition was as follows those voting in the affirmative are
316
R M Creswell, J. B. Seaton, J M Evans, M Davis S W Randles J. W Chambers, Jo Gaut C Mills R W Crowson & C Johnson 10 votes those voting
Monday 5th July 1858.
in the negative were J H Cate, J H Havis P. S. Shults, W J Trotter E Ogle, L Bogart, T Maples, D B McMahan & T Mathis.
On motion it is ordered by the court that the clerk of this court sell to the highest bidder the upper end of the public lot purchased from Hodsden & others from the line of the public square to the lower end of R Lanning house for not less than two hundred dollars upon a credit of one and two years taking good security for the payment of the same
ibid This day John T Shields revenue
collector of it appearing to the satisfaction of the
court which report is as follows to wit
1st Dis. 1857. John H Williams 75
2 " " Joseph McCarter Jr. 75
" " Madison B Webb 75
3 " " Ephraim Allison 75
" " Noah Howard 75
" " Perry Loveday 75
" " William Langston 75
4 " Jonathan Allison 75
" " George Maples 75
" " John Meniss 75
" " Jas Thomas 75
5 " Wm Stofle 75
7 " Thas Stofle 75
" " John Ward 75
8 " John Lanning 75
" " David B Smith 75
9" " F L. Whittle 75
10 " Jacob Keller 75
" " Rufus
Davis 75
12 " John Smith 75
which report is endorsed with the affidavit required by law, it is therefore considered
317
Monday 5th July 1858
by the court that the said John T Shields revenue collector be released from said Taxes and that he be allowed a credit in his settlement for the same
The said Shields having been prevented from presenting the same at the April Term on account of sickness in his family
A Legal number of the Justices being present and voting in the affirmative it is ordered by the court that the Justices receive Two dollars and fifty cents for each Term for their services for holding the January, April & July quarterly courts where their names appears in the caption and signing the minutes payable out of the County Tax in the hands of the Trustee not otherwise appropriated
ibid It appearing to the satisfaction of the court that Marion Tipton was improperly charged with a poll tax for the years 1854 & 1855 he having served as an overseer of a public road for twelve months previous to that time it is ordered by the court that he be released from said poll Taxes
It appearing to the satisfaction of the court that Will M Bryan is improperly charged with the Taxes on $100 Loaned money for the years 1855 & 1856, he having collected said money previous it is ordered by the court that he be released from said Taxes
ibid Ordered by the court that the
road over which William Catlett is overseer of be extended to the two mile post
above Isaac McMahans and the hands on his farm and the hands on Samuel &
Isaac McMahans farm the hands on John Poindexters farm and Allen Alfred
McDaniel be assigned to work on said road
ibid Ordered by the court that Marion Petty A J. Cowan Jesse C Underwood & Lewis Underwood be assigned to work on the road over which Isaac Keener is overseer of
318
Monday 5th July 1858.
ibid It appearing to the satisfaction of the court that A Lawson is improperly charged with three poll taxes for the years 1853 & 1854 it appearing to the court that he had served as an overseer of a public road for twelve months previous it is ordered by the court that he be released from said poll taxes
ibid It appearing to the satisfaction of the court that A Lawson was improperly charged with 2700 acres of land valued at $375 for the year 1854 it appearing to the court that it was more land than he owned at that time it is ordered by the court he be released from said Taxes
ibid It appearing to the satisfaction of the court that J E. Catlett was improperly charged with a poll tax for the year 1854 it appearing to the court that he was under twenty one years of age and that he be released from the Taxes on 100 Acres of Land valued at $100 for 1854 it appearing to the court that he owned no land at that time it is ordered by the court that he be released from said taxes
Court adjourned until tomorrow morning 9 o clock
Isaac Trotter Chairman
M. Davis
T. Maples
D B McMahan
R
Philip S Shultz
C. Johnson
Lemuel Bogart
Wm J Trotter
Joseph Gaut
James W Chambers
C. Mills
Thomas Matthews
Jno. T. Havis
S
R. M. Creswell
John Whaley
Elijah Ogle
319
Tuesday
6th July 1858.
Court met pursuant to adjournment present and presiding the following Justices to wit, Isaac Trotter Chairman, D B McMahan Thomas Mathis, P. S. Shults, Lem Bogart Thos Maples John T. Havis J W. Chambers W J Trotter, C Mills R W Crowson, M Davis, Joseph Gaut, S W Randles R M. Creswell, C Johnson, John Whaley E Ogle J M. Evans
when the following proceedings were had to wit,
"This day John. T. Shields Revenue Collector for Sevier County for the years 1850 1851 1852 1853 1854 1855, 1856 & 1857, presented to the court a statement of taxes on lands condemned for the taxes for said years which hands were struck off to the State, which statement was made out and certified by the clerk of the circuit court as follows
John Gamble 25 acres val $25 taxes for 1850 $ " 15
Jacob Line & G W Wright 1000 Acres val $200 taxes for 1850 1 20
Anthony Lawson 50 Acres val $50 taxes for 1850 " 30
Thomas Johnson 1000 acres val $200 taxes for 1851&2 2 40
Jacob Newman 5000 Acres val $200 taxes for 1852 1 20
Jacob Peck 20,000 val $500 for 1852)
val $400 for 1851) taxes for 1851&2 5 40
J M Peck &Co 5000 acres val $50 taxes for 1851 " 30
C Bogle & others 500 acres val $150 taxes for 1851 " 90
John Hill heirs 49 acres val $25 taxes for 1853 " 12 1/2
John Renfro 1750 acres val $100 taxes for 1853 " 50
Wm Rogers 5000 acres val $100 in 1855)
val $200 in 1856) taxes for 1855&6 2 00
Thomas Smith 40 acres val $150 taxes for 1857 " 97 1/2
Hetty Jenkins 15 acres val $50 taxes for 1857 " 32 1/2
John Reed 1 Town lot val $100 1 Poll tax taxes for 1856 1 50
Wallace & Gillaspy 8000 acres val $1000 taxes for 1857 6 50
Caleb Thurman 173 acres val $200 Poll tax taxes for 1857 2 05
Ben Keener 33 acres val $30 taxes for 1856 " 32 1/2
I Whaley & Peck 5000 acres val $100 taxes for 1856 " 75
Ben Peck 20,000 acres val $500 taxes for 1855 2 50
W L Rogers 5000 acres val $200 taxes for 1857 1 30
320
it
is therefore ordered by the court that the said John T Shields revenue
collector be released from said taxes and that he be allowed a credit in his
settlements for the same, the vote upon said releasement
Tuesday 6 July 1858.
was as follows Those voting in the affirmative McMahan, Gaut, Mills, Havis, Bogart, Whaley, W J Trotter, Mathis, Shults, & Johnson those voting in the negative were Chambers, Davis, Evans, Ogle, Crowson, & Maples.
ibid Ordered by the court that Robert Conner be appointed overseer of the road from the mouth of Baskins Creek to Robert Conners and he is hereby required to keep said road in lawful repair with the following hands to wit Andrew Conner
Road 3rd Clap
Ordered by the court that the releasements made to John T. Shields on to day for lands condemned and sold and bid off by the State by recinded
ibid It appearing to the satisfaction of the court that A W Bryan was improperly charged with a poll tax for the year 1857, he having served as an overseer of a public road for twelve months previous it is ordered by the court that he be released from said poll tax.
This day B M Chandler presented to the court his resignation as one of the commissioners of the court house & Jail
Ordered by the court that the Trustee pay to Saml Pickens the balance of the court house and Jail tax for the year 1857 in his hands
321
A Legal number of the Justices being present and voting
therefore it is ordered by the court that the following allowances