331
Monday
2nd August 1858.
7th James Maples, David McCroskey Hugh Goforth Jr.
8 Saml Mount Enoch Underwood, Saml H Ellis
9th Calvin
10th Jonathan Brown, Andrew Rogers, Cromwell Delozier
11th Elijah
Ogle, R Gallen George McCarter, Danl. W Reagan
12th J H. Cate, William Mills, John Douglass -
Ordered by the court that B M Chandler H W Thomas & M. W. McCown be appointed commissioners to addopt (sic) a plan & contract for the putting up vestibules & stairs out side of the court house and putting seats in the court house &c &c
ibid It appearing to the satisfaction of the court that Noah Loveday was improperly charged with a poll tax for the year 1858 it appearing to the court that he was under twenty one years it is ordered by the court that he be released from said poll tax
Court adjourned until court in course
Isaac Trotter Chairman
J. M. Evans
M. Davis
C. Johnson
D. B. McMahan
332
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 Sept 1858, it being the 6th day of said month present and presiding the following Justices of the peace to wit Isaac Trotter Chairman Thomas Maples & M Davis when the following proceedings were had to wit,
ibid Ordered by the court that Andrew
Ward Abel Romines & William Romines be
assigned to work and Vinyard Thomas be assigned
to work on the road which Jas Proffit is overseer of.
This day B M Chandler clerk of this court presented a settlement made with Adam Houk admr of Catharine Thomas Decd. which is confirmed by the court and ordered to be recorded
Isaac Trotter chairman of this
court retired from the bench, and John. T. Havis Esq.
a justice of the peace for
Henry Butler Jemima )
vs ) Petition to sell land
John Butler & others heirs at )
law of H. B. Butler decd. )
On this 6th day of Sept 1858 came on the above cause for hearing before the worshipful County Court of Sevier County upon the petition and answers filed from all which it appears that this is a proper cause fro an account. The court is therefore pleased to order adjudge and decree that the clerk of this court take and State an account from proof and ascertain
1st The value of the lands mentioned in the petition.
2nd Whether said lands can be partitioned
Monday 6th
Sept 1858
333
amongst the complainants and respondants as they are respectively entitled without
injury to the value of said lands.
3rd Whether it would be to the manifest of the heirs of said estate to have the lands sold and the proceeds divided.
4 Would it be best to sell the two tracts of land mentioned in the petition jointly or separate And that he report to the present term of this court.
John Wear admr &c )
vs )
P M Wear Wm Bradshaw ) Pt to sell land
& others )
Your commissioner Jno Wear heretofore appointed to sell the lands mentioned in the petition in this cause would submit to the court the following as his report. In pursuance of the order herefore made in this cause your commissioner has sold the lands mentioned in the petition to Andrew Henderson for the sum of one hundred dollars that being the minimum price fixed upon by the court forty dollars of which sum was paid into the hands of your commissioner the remaining sixty secured by note payable on the first of September 1858 all of which is respectfully submitted to the court for confirmation
John Wear Commissioner
which is confirmed by the court.
John Wear admr &c )
vs )
P M. Wear Wm Bradshaw )
the heirs of John Guthrie )
David Cumming and David )
Johnson )
334
On
this 6th day of September 1858 the report of John Wear as
commissioner to sell the lands mentioned in the petition in this cause having
been submitted to the court for confirmation is in all things confirmed by the
court
Monday 6th
Sept 1858
and it doth please the court to order and decree that all of the right title and interest of P M Wear Wm Bradshaw the heirs of John Guthrie David Johnson and David Cumming in and to said tract of land be and the same is hereby directed out of said heirs and vested absolutely in Andrew Henderson the purchaser, and it is further ordered by the court that the costs of this suit be paid out of the proceeds arising from the sale of said lands
ibid Ordered by the court that Benjamin Tipton be appointed overseer of the road from the forks of the road near Jas Maples to the ford of Millican Creek and he is hereby required to keep said road in lawful repair with the hands heretofore assigned
Road 2nd Clap
This day the court binds to Wm Breeden a girl child 11 years old by the name of Nancy Jane Breeden until she is 18 years of age and the said Wm Breeden agrees to give her two years schooling and a good bead stead bead & clothing and one cow & calf and a sufficient quantity of wearing apparel & a spinning wheel & cards as expressed in the indenture
Ordered by the court that the Trustee receive from revenue collector in payment of County revenue the county part of all releasements heretofore made
__________________
335
This day Thos Henry guardian to Samuel Henry came into court
and renewed his bond in the sum of Two Thousand five hundred dollars with
Ephraim Johnson & S H. Ellis as his security
Monday 6th
Sept 1858
Ordered by the court that Nelson Newman a poor and decripted (sic) person be exempted from paying poll tax and released from working on public roads
ibid It appearing to the court that Nelson Newman is charged with a poll tax for the year 1858 it appearing to the court that he is a poor and decreped person it is ordered by the court that he be released from said poll tax
ibid It
appearing to the satisfaction of the court that Joel Acuff
is improperly charged with a poll tax for the year 1858 it appearing to the
court he lives in
Henry
by her guardian & others ) Decree to sell land
vs )
John Butler & others heirs at )
Law of H B
On
this 6th day of September 1858 came on the above cause for further
hearing before the worshipful county court of
Henry
by her guardian & others ) Sept. Term 1858
vs ) Petition to Sell land
John Butler & others heirs at )
law of H B Butler decd. )
336
The
clerk to whom the above cause stands referred to hear proof and take and state
an account and ascertain
1st The
value of the lands mentioned in the petition, 2nd Whether said lands can be partitioned
amongst the complainants and respondants as they are
respectively entitled without injury to the value of said lands, 3 Whether it would be to the manifest
interest of the heirs of said
Monday 6th Sept 1858.
Estate to have the lands sold and the proceeds divided 4th Would it be best to sell the two tracts of lands mentioned in the petition jointly or separately
Would report that the 175 acre tract of land mentioned in the petition are worth fifteen
hundred dollars and the 20 acre tract worth $200. That said lands cannot be partitioned
amongst the heirs as they are thereto respectively entitled without injury to
the whole value of the lands.
That it would be to the manifest interest of the heirs of said estate to have the lands sold and the proceeds divided
And that it would be best to sell said two tracts of land separate, see depositions of John Mullendore Jas McNelly & J C Murphy - All of which is respectfully submitted
B. M. Chandler Clk.
And said report being unexcepted to is in all things confirmed. The court is therefore pleased to order adjudge and decree that the clerk of this court after he shall have advertised the time and place of sale according to law shall proceed to sell the lands mentioned in the petition at the courthouse door in Sevierville upon a credit of one year the purchaser giving note with good security for the purchase money and that a lien be retained upon said lands until the purchase money is paid and that the lands be sold separate for an amount not less than fifteen hundred dollars for the 175 acres tract and two hundred dollars for the 20 acre tract and that he report to the next November term of this court.
337
This day B M Chandler clerk reported to court that he had sold
according to the order of this court a part of the lot known as the Brabson lot to Shannon Felker for
two hundred dollars that he has taken his notes & security for the same
Monday 6th
Sept 1858
ibid Ordered
by the court that Charley Rafter be appointed overseer of the road from the 12
mile post to the
Road 2nd Clap
It appearing to the court that John Walker late of said County had died intestate in Sevier County and having whilst living goods and chattels rights and credits the court therefore appoints Jesse Stafford administrator of said Estate who appeared in open court and gave bond in the sum of Six thousand dollars with R Birchfield, Wm Thurman Mark Keeler, N M Baker John Walker Jas Walker & John S McNutt as his security and was duly sworn according to law and therefore letters of administration issued to the said Jesse Stafford which are in the following letters & figures to wit
Know
all men by these presents that we Jesse Stafford R Birchfield Wm Thurman Mark Keeler N M Baker Jas Walker John Walker Jr. & John S McNutt are
held and firmly bound unto the State of Tennessee in the sum of Six thousand
dollars for the payment of which we bind ourselves our heirs our executors or
administrators Jointly and severally firmly by these presents sealed with our
seals and dated this 6th day of Sept 1858. The condition of the above obligation is
such that if the above
State of
338
To
Jesse Stafford 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 first Monday of Sept
1858
that John Walker 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 grand unto you the said Jesse Stafford full power by these
presents well and truly to collect and to take into your possession
Monday 6th Sept 1858.
all and singular the goods and chattels rights and credits which were of the said John Walker 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 thereunto required.
Witness B M Chandler clerk of said court at office in Sevierville the 1st Monday of Sept 1858 B M Chandler Clk
ibid It appearing to the court that Mark Keeler 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 poll tax
ibid It appearing to the court that Alexander Lowasser 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 poll tax
ibid It appearing
to the court that John England Ingle is improperly charged with a poll
tax for the year 1858, it appearing to the court that he is over fifty years of
age it is ordered by the court that he be released from said poll tax
ibid It appearing to the court that Wm Johnson 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 poll tax.
339
X
X X
Monday 6th Sept 1858.
ibid Upon the petition of W E Hodges it is ordered by the court that Andrew Pitner Glasgo Snoddy, Geo Wade, W T. Dowell Jas M. Sharp, Jas Cowden & Wm Thomas be appointed a Jury of view to view and mark out a road of the 3rd Clap commencing at or near the School house on the Underdown road thence running with or near the old road to French Broad river thence down the river with or near the old road to intersect the public road that leads to Knoxville across Bays Mountain near the head of Williams meadow and that they report to the next quarterly term of this court.
ibid Upon the verbal petition of A H
Keener it is ordered by the court that John Whittle Lewis Wayland, William Wayland, John S McCroskey & G W. Johnson be appointed a jury of view to
view and mark out a road of the 3rd Clap beginning at A H Keeners bars thence running with the
line of Sharp and Trundle thence with or near the old road to Joseph Manes line
near Knob Creek and he is hereby required to keep said road in lawful with
the that they report to the next quarterly term of this court.
ibid Upon the verbal petition of G W. Brooks it is ordered by the court that John Whittle G W Johnson William Wayland Andrew Tipton & S. W. Randles be appointed a Jury of view to view and mark out an alteration in the road leading from Waylands mill to Layfords near said Brook house near where the old road formerly was and that they report to the next quarterly term of this court.
Ordered by the court that the
road over which R H Hodsden be extended to the mouth
of the lain between Hodsden and McNutt and that the
hands on his home farm be assigned to work on said road.
340
Monday 6th Sept 1858
ibid Ordered by the court that the hands on Jas. W. Ellis home farm be assigned to work on the road over which Reece B Ellis is overseer.
ibid Ordered by the court that John K. Tedford and the hands on George M Hendersons farm be assigned to work on the road over which Wm Catlett is overseer of
Court adjourned until court in course
Isaac Trotter Chairman
M. Davis
T. Maples