Tuesday 6th
July 1858
be made payable out of the
To Jas McNelly holding election for Justice of the peace $1.00
Jas W Chambers holding election for school commissioner 1.00
R W Crowson holding Election for school commissioner 1.00
Lem Bogart holding election for school commissioner 1.00
Jas Lindsey const holding election for school commissioner 1.00
R M Creswell for holding election for school commissioner 1.00
Ordered by the court that B M Chandler clerk of this court examine and report to the next quarterly term of this court what releasements insolvencies &C that appears of record, and that he also procure fastenings to the windows of the court house
Court adjourned until court in course
John Whaley Isaac Trotter Chairman
M. Davis Jno T Havis
T. Maples
Joseph Gaut
R. W. Crowson
W. J. Trotter
C. Mills
S. W. Randles
Elijah Ogle
C. Johnson
Lemuel Bogart
J. M. Evans
Philip S. Shultz
Thomas Matthews
James W. Chambers
R M Creswell
D. B. McMahan
322
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 August 1858 it being the 2nd day of said month present and presiding the following Justices of the peace for said county Isaac Trotter Chairman M. Davis & D B McMahan when the following proceedings were had to wit
ibid Ordered by the court that John T Toomey be appointed overseer of the road from the forks of the road above H M. Thomas to Fowlers X Roads 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 W J Chambers be appointed overseer of the road from Benjamin Atchleys to John Reeses shop and he is hereby required to keep said road in lawful repair with the hands heretofore assigned
Road 2nd Clap
This day B M Chandler clerk of this court presented a settlement made with Thos Dunn Guardian of Jas H Atchley a settlement made with Perry Cate Guardian to Geo P & Wm A Henderson which is confirmed by the court and ordered to be recorded
ibid Ordered by the court that the hands on the farm where M Davis lives be assigned to work on the road which Wm Roberts is overseer of
323
ibid It
appearing to the satisfaction of the court that A C B Nichols was improperly
charged with a pool (sic) 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 pool tax
Monday 2nd August 1858.
It appearing to the court that Mary
Butler late of said County had died intestate in
State of
To W H Trotter 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 August 1858 that Mary Butler late of said County had died intestate having whilst living and at the time of her 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 W H Trotter full power, by these presents well and truly to collect and to take into your possession all and singular the goods and chattels rights & credits which were of the said Mary Butler deceased at the time of her 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 August 1858
B
M
324
On this 2nd day of August 1858 A Lawson moved the
court to appoint a guardian for Andrew W. Lawson who is a minor under the age
of twenty one years with special power and authority to sell assign and
transfer the land warrant No 8,984 for Eighty acres of land dated 26th
day of October 1855 and issued to the said Andrew W Lawson
Monday 2nd August 1858.
for the services of Andrew Lawson as a Captain in the war of 1812 And it appearing to the court that it will be clearly and manifestly to the interest of the said Andrew W Lawson to have said land warrant sold assigned and transferred and to have the proceeds applied to his use and benefit and it further appearing to the court that the said A Lawson has executed bond with good security. It is ordered by the court that the said A Lawson be and he is hereby appointed a special guardian with special power and authority to sell assign and transfer the said land warrant No 8,984 for Eighty acres of land dated the 26th day of October 1855, and issued to the said Andrew W. Lawson and that he sell assign and transfer said warrant for the use and benefit of the said Andrew W. Lawson
ibid Upon the petition of D. M. J Emert it is ordered by the court that J C Murphy, John S McNutt R H Hodsden, F L Emert, Samuel McMahan & Giles Caton be appointed a Jury of view to view and mark out an alteration in the road leading to Greenbrier Cove through Emerts Cove beginning near the foot of the first hill beyond Giles Catons and terminate in Green brier Cove and that they report to the next quarterly term of this court.
ibid It appearing to the satisfaction of the court that James Hurst is improperly charged with a poll tax for the year 1858 it appearing to the court that he was over fifty years of age before the 10th day of Jan 1858 it is ordered by the court that he be released from said poll tax
325
This day Thos Bryan presented the certificate of Thos Cate
Sheriff of
Monday 2nd day of August 1858
Know all men by these presents that we Thomas Bryan A Lawson, Jno T Havis & Wm J Trotter 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 2nd day of August 1858. The condition of the above obligation is such that if the above bound Thomas Bryan who has been elected a Constable of Sevier County for the term of two years from the 31st day of August 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 8 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 by law, and in all other things will 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 ) Thas Bryan (Seal)
in open court this 2nd Aug ) A Lawson (Seal)
1858 ) Jno T Havis (Seal)
Isaac Trotter Chairman ) Wm J Trotter (Seal)
326
ibid It
appearing to the satisfaction of the court that Pinkney Keer is 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 pool tax.
Monday 2nd August 1858.
ibid Ordered by the court that Joseph Keener be appointed overseer of the road from the head of Morgans mill pond to the Knoxville road near Glasgo Snoddys and he is hereby required to make & keep said road in lawful repair with the hands on the following farms to wit, John Rose farm Joseph Keeners farm A Pitner farm, Wm Morgans upper farm
Road 2nd Clap
This day Caleb Robeson was appointed Guardian to Mary Robeson who came into court and gave bond and security as required by law and was duly sworn
This day M A. Rawlings Trustee of Sevier County came into court and gave his bond for the school money in the sum of four thousand five hundred dollars with J C Murphy, Wm Mitchell, Emanuel Fox & James W Chambers as his securities
Ordered by the court that the hands on Thas McCarters farm be assigned to work on the road which Jonas Maples is overseer of
ibid Upon the verbal petition of John Leatherwood it is ordered by the court that Saml Catlett John Henry, Joseph Flinn, Wm Flinn & Anderson Richards be appointed a Jury of view to view and mark out a road of the 3rd Clap from the Flat Creek road near Saml Catletts to near Anderson Richards and that they report to the next quarterly term of this court
John Wear )
vs )
P M Wear, Wm Bradshaw )
Heirs of John Guthrie ) Pt to sell land
David Johnson & David )
Cumming )
It appearing to the satisfaction of the court that P. M Wear, William Bradshaw
327
Monday 2nd August 1858.
the heirs of John Guthrie, David Johnson & David Cumming are non residents of the State of Tennessee and it further appearing to the satisfaction of the court that an order of publication was heretofore made and publication made through the Knoxville Register for four successive weeks requiring said parties to appear and make themselves parties defendants to this cause which order of publication was not made a matter of record It is therefore ordered by the court that said order of publication be made a matter of record now for the time it should have been done heretofore. And it is further ordered by the court that the said John Wear be appointed a commissioner to sell the lands mentioned in the petition in this cause, and that the court having taken and heard evidence of the value of the lands described in the petition, and it appearing to the court that the same ought not to be sold for a sum less than one hundred dollars, it is therefore ordered by the court that said commissioner Jno Wear sell the lands described in the petition to any individual at private sale who will give the sum of one hundred dollars for the same or any other sum over one hundred dollars. But if said commissioner fail to get a purchaser for one hundred dollars for said lands, it is then ordered by the court that said commissioner advertise the same for sale for forty days in the Knoxville Register or some other public paper having as wide a circulation in this county and also by four written advertisements in this county one at the court house door in Sevierville and the others at three most public places in this county
This day A Lawson was appointed
special guardian for A W. Lawson to sell a land warrant who appeared in open
court gave bond in the sum of three hundred dollars with J C Murphy C A Clementson, as his security and he
was duly sworn.
328
Monday 2nd August 1858.
This day D M J Emert presented the
certificate of Thas Cole Sheriff of
Know all men by these presents that we D M J Emert, N W Emert, E M Wynn & C A Clementson 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 2nd day of August 1858.
The
condition of the above obligation is such that if the above bound D M J Emert
who has been Elected a Constable of Sevier County for the term of two years
from the first thirty first day of July 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 2nd 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 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 ) D M J Emert (Seal)
in open court this 2nd ) C A Clementson (Seal)
Aug 1858 ) N
Isaac Trotter Chairman ) E M Wynn (Seal)
329
Monday 2nd August 1858.
ibid It is ordered by the court that
the following Gentlemen good and lawful men of
1 Arch McMahan Jr. Jas Williford
2 John Lindsey
3 Branson Fox Daniel Duggan
4 John C Yett, Jas D Emert
5 John. T. Havis, E. M. Wynn, Jas. H. Yett
6 Riley Powell, A. C. Andes
7 William
Atchley, L. H. Atchley Catlett
8 Thomas Furgerson, Saml Huffaker
9 Wm.
C. Pickens Calvin
10 Jonathan Wyson, John Rule
11 Robert Conner, Richard Evans
12
and that he summon Berry Williams a Constable to attend on the grand jury and Jas McMurry a Constable to attend upon the court.
ibid Ordered by the court that J W
Robertson be appointed overseer of the road from near J. W. Robertsons to the
Dandridge Road near Rebecca Atchleys at the mouth of the lain (sic)
between Rebecca Atchleys and Polly Atchleys and he is hereby required to open and
keep said road in lawful repair with the following hands to wit William
Flinn Vinyard Thomas Thas. Lindsey Thas Atchley, William Low, and John
Stover, Jacob Flinn Anderson
Richards Jas Branom Joshua Road 3 Clap Lindsey,
Joshua Atchley William Jones, Moses
Brock Andrew Ward William Romines, Joseph Flinn
Road 3 Clap -
Henry Butler & others )
vs ) Petition
to sell Land
John Butler & others )
Heirs at Law of Horatio )
B
330
Monday 2nd
August 1858.
On motion Morgan Davis Esq. was appointed Chairman protem and Isaac Trotter retired, and Calvin Johnson & J M Evans Esqs. justices of the peace took their seats as members of this court when the following proceedings were had
Henry Butler & others )
vs ) petition to sell land
John Butler & others heirs )
at Law of H B
Came
the plaintiffs by attorney and filed their petition for the sale of real
Estate, it is therefore ordered by the court that Jas D Emert Asa Emert Martha Rambo John Rambo, Micajah Butler John Butler Marion Clabough Anna Clabough & William H Trotter
admr &C citizens of this county and J M Rambo & Martha Rambo of Knox
County be made defendants to said petition and that process issue
ibid Upon the verbal petition of Morgan Davis it is ordered by the court that J M Evans, W A Palmer Wm Roberts Jr., Nathan Reed G Galyan Joseph Reed & Henry Baker be appointed a jury of view to view and mark out an alteration in the road from Hugh Blairs to Morgan Davis, and that they make report to the next quarterly term of this court.
ibid Ordered by the court that the following persons be appointed Judges of the Election to be held on the 1st Thursday of Sept for the amendment of the constitution
1st Dis. Thos Denton, Jas Williams, Wm T Ogle
2nd Dis. P
3rd Dis. Nelson Fox Manson Baker O P Jenkins
4 " J. C. Murphy, Jas Ferguson & J B Clark
5th Jas McNelly M A Rawlings J W Chambers
6 R W. Crowson George Rymal D C Ghormby