350
Monday 4th Oct 1858
and coming into the present road
opposite an old cabin there with the present road to a wet weather branch where
it takes to the left and keeps to the left of the wet weather branch along the foot
of the hill as marked out to where it intersects the present road then with the
same to near the foot of a steep part of the present road where it takes to the
left and winds around the hill side as marked out till it reaches a gap on the
ridge with the present road and thence along the same to near its highest point
part on the ridge where it takes to the left around this high part and comes
into the present road as marked out on a level where it continues to wear
near the eleven mile post and then takes to the left and winds around the hill
till it comes to the present road in a low gap as marked out and along the same
to shortly after it makes its first curve, where it takes to the left and after
making a curve as marked out comes into the present road and continues with the
same to the first steep place on the whortleberry ridge where it takes to the
left and after winding around this steep place as marked out comes into the
present road at a chestnut stump thence with the same to the next material rise
on the same ridge where it takes to the left around a short rise as marked out
and comes into the present road at a short distance by a cluster of pines
thence with the same to within thirty steps to the twelve mile post and
intersects the present road at the post in a gap then leave it immediately
again to the right and takes the left hand side of the ridge and continues as
marked out to the gap called the chestnut flats thence with the old road a
short distance a little past its first curve where it runs to the left and
comes into the present road at a short distance as marked out thence with the
same but a short distance where it runs to the right lower down than the
present road and crosses the same on the first rise all as marked out and
intersects it again near a chestnut tree there with the present road a short
distance beyond its highest
351
Monday 4th Oct 1858
rise to its first curve where it runs to the right and marked out to the thirteen mile post on the present road then with the same to the second curve where it runs to left and marked out to the top of the next rise to the present road and with the same to near the top of the next elevation then runs to the left and makes various windings as marked out to a chestnut tree on the present road then with the same to the first level then runs to the left down to the first flat as marked out then with the old road to the first curve and runs to the left again at the foot of the ridge to the first little rise then with the present road to the point of the ridge near the river bank then runs to the right and up the right hand bank of the river where Preston Shults fence now stands to upper part of his field then takes along his fence where there was once an old road thence with this old road as marked out to F L Emerts field on the bank of the river and up along the bank of the river to the mouth of Hills creek then crosses the same and continues on the bank of the river to the lower corner of another field belonging to F. L. Emert, where it intersects an old road again and continues with the same to the present road Just after it has crossed the river then runs with the same to the big hill Just below Laurel branch when it runs between the present road and the river the most practable rout into the road nearest the laurel branch then with the same to the lower part of Thomas Jarnigans field where Tennessee Pate lives and runs with the old road an across the present road at the upper end of said field then running a little lower down the hill and winding more gradually as marked out to a large chestnut on the present road, all of which we ask this worshipful court to concur and appoint an overseer and a sufficient number of hands to open said road which we believe will prove of great benefit to the county than injury to the enclosiers (sic) duly sworn according to law 30th Sept 1858
J C Murphy R H Hodsden
Saml McMahan Jno S McNutt
G
352
said report is in all things confirmed by the court.
Monday 4th Oct 1858.
ibid It appearing to the satisfaction
of the court that Israel Wilson is improperly charged with a poll tax for the
year 1858 it appearing to the court that he had removed from
ibid It appearing to the satisfaction of the court that Elisha Cate 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 satisfaction of the court that Elijah Shelly is improperly charged with a poll tax for the year 1858, it is therefore ordered by the court that he be released from said poll tax.
Court adjourned until tomorrow morning 8 o clock.
Isaac Trotter Chairman
J. M. Evans
Joseph Gaut
C. Johnson
J. H. Cate
M. Davis
C. Mills
N. M. Baker
Elijah Ogle
Lemuel Bogart
D. B. McMahan
Samuel Mount
Wm J Trotter
Philip S Shults
R. M. Creswell
Jno. T. Havis
N. J. Huffaker
John Whaley
T. Maples
Thomas Matthews
S. W. Randles
353
Tuesday 5th Oct 1858.
Court met pursuant to adjournment present and presiding the following Justices of the peace to wit Isaac Trotter Chairman D B McMahan Thos Mathis P S. Shults Lem Bogart, N M Baker, Thos Maples, J T Havis W J. Trotter C Mills, M Davis Jo Gaut, Saml Mount, R M. Creswell, S W Randles C Johnson J M. Evans, E Ogle John Whaley, N J Huffaker & J H Cate.
Ordered by the court that the action of the court on yesterday in confirming the report of the Jury of view who viewed and marked out alterations in the road from near the foot of hill above Giles Catons to Greenbryor (sic) Cove be and the same is hereby recinded, and action upon said report is continued until the next quarterly term of this court.
A Legal number of the Justices being present and voting therefore it is ordered by the court that the following allowances be made payable out of the poor tax in the hands of the Treasurer of the poor house not otherwise appropriated to wit,
To A J Bradley for coffin & Grave for )
Mrs. Wilkinson ) $4.00
Trotter & Co for medicines & Linen for poor house 4.25
W T Dowell goods furnished for Lowasser & )
child of Hariet Rogers ) 3.45
A H Shamblin coffin for Martha Rogers 3.00
This day B M. Chandler clerk of this court presented to the court a settlement made with John S McNutt guardian to Reps A Davis a settlement made with T Chandler guardian to the minor heirs of Wm Chandler Decd. which said settlements are confirmed by the court and ordered to be recorded
354
Tuesday 5th Oct 1858
This day M. W. McCown Deputy Clerk of this court presented to the court a settlement with William Bohanan administrator of the Estate of Harcolas Ogle decd. which settlement is confirmed by the court & ordered to be recorded.
A Legal number of the justices of the peace being present and voting therefore it is ordered by the court that the following allowances be paid out of any moneys in the hands of the Trustee not otherwise appropriated to wit
To Jas McMurry Taxes over paid " 25
To Reuben L Sims 1 Red fox scalp 1.00
Vance Newman Taxes over paid " 75 cts
Holding Elections for Convention &C to wit
Berry Williams 1.00
D M J Emert 1 00
Lem Bogart 1 00
R
R M Creswell 1.00
J M Chambers
David Keener 1.00
Saml Pickens 2nd Powder on road 1.00
Jas Lindsey summoning 2 Jury of view - 2.00
Langston Cunningham " " 1.00
T D Wynn Taxes over paid Taxes " 25
John Robeson over paid Taxes 5.59
Lem Duggan late Sheriff for Ex of Services
for 1 year & three months 62.50
Lem Duggan for holding courts 67 days for
one year and three months at $1.50 per day 100.50
To B M. Chandler clerk for Road orders Jurys
of view Revenue Settlmts & scholastic
population to Oct 1858 $40.45
John T Shields over paid Taxes John B Shults " 25
355
Tuesday 5th Oct 1858
A Legal number of the justices of
the peace being present, the commissioners appointed at the last August term of
this court made a verbal report of a contract with James McNelly
to build vestibules to the courthouse which report and contract was confirmed
by the court, it was therefore ordered by the court
A Legal number of the justices of the peace being present and voting in the affirmative it is ordered by the court that an allowance be made to B M Chandler H M Thomas & M W McCown of six hundred dollars payable out of the county taxes of 1859 for the purpose of paying for the vestibules to be built to the courthouse and that said amount issue in three separate certificates of two hundred dollars each
Ordered by the court that the Trustee of Sevier County pay to Saml Pickens out of the court house tax levied for the present year the amount that may be due him for building the court house and Jail upon the same being settled by the building committee and reported to him
This day James B Seaton a Justice
of the peace for
ibid Ordered by the court that the hands on Sharps home farm the hands on A H Keeners farm the hands on D L Trundle farm the hands on W T Dowds lots the hands on J C Ellis lots the hands on Aletha E Ellis farm the hands on J J Wade farm the hands on the Scruggs farm the hands on G W Johnsons farm the hands on J S McCroskey farm the hands on Sharps lower farm north of the main road be assigned to work on the road over which A H Keener is overseer of
356
Tuesday 5th Oct 1858.
ibid Upon the verbal petition of A H
Keener it is ordered by the court that Wm Wayland John S McCroskey,
G W Johnson, John Whittle Lewis
Wayland, John Robeson R K Whittle
be appointed a Jury of view to view and mark out a road of the 3rd
Clap from Keeners bars with or near the line of Sharp & Trundle thence with
or near the old road to Meniss road line on
Knob Creek and that they report to the next quarterly term of this court
ibid Upon the petition of David Hurst it is ordered by the court that Josiah Breeden, George Hurst Campbell Breeden Amerel Breeden, Geo Loveday & Noah Hurst be appointed a Jury of view to view and mark out an alteration in the road beginning at the lower end of David Hursts field on Wilhites Creek running up Wilhites Creek to David Hursts house and that they report to the next quarterly term of this court.
ibid Ordered by the court that Conard Blazer be appointed overseer of the road from Wm Naughers to Widow Layfollets 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 the hands on Anderson Seatons farm be assigned to work on the road which Calvin Fox is overseer of
ibid Ordered by the court that
Anderson Keer in be assigned to work on the road
which John W
ibid Ordered by the court that the hands on the Randle Hill farm be assigned to work on the road which G A Atchley is overseer of
357
Ordered by the court that M. W McCown
& B M Chandler be appointed to ascertain what is due to G. T. Shields former
revenue collector of county tax on land offered for sale and bid off by the
state
Tuesday 5th Oct 1858.
ibid Upon the petition of J H Atchley & others it is ordered by the court that Ruel Birdwell Jas Maples David McCroskey, Harrison Blair B.C. Andes, & W A McNutt be appointed a Jury of view to view and mark out a road of the 3rd Clap commencing at the ford of little Gists Creek below Wm Roberts by Nathan Reeds to where it intersects the road leading from Wm Cannons to J H Atchleys and that they report to the next quarterly term of this court.
A Legal number of the justices of the peace being present and voting therefore it is ordered by the court that John. T. Shields former revenue collector be allowed forty two dollars seven cents being the court part on releasements lifted by him which he could not get a credit for payable out of any money in the hands of the Trustee not otherwise appropriated
A Legal number of the Justices
being present and voting therefore it is ordered by the court that the Justices
holding this term of the court be allowed two dollars fifty cents each for
their services out of the
John T Shields late revenue
collector moved the court to rescind the several ordered of releasing
the person who had been improperly taxed so far as the State Tax is concerned
which the court refused to do
Court adjourned until court in course
Elijah Ogle Isaac Trotter Chairman
John Whaley Jno T Havis
Samuel Mount R M Creswell
Thomas Matthews Lemuel Bogart
N J Huffaker J H Cate
N M Baker
D B McMahan
Joseph Gaut
S W. Randles
T. Maples
C. Mills
M. Davis
J M Evans
C. Johnson
P
358
State of
Sevier County ) Be it remembered that at a County Court began and held for the County of Sevier at the courthouse in Sevierville on the first Monday of November 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 & D B McMahan when the following proceedings were had to wit,
Jesse Stafford Admr of the Estate of John Walker Decd. Returned into court an inventory and list of sales of said Estate.
Henry Butler & others )
vs ) Petition to Sell lands
John Butler & others heirs )
of H. B. Butler decd. )
This day the clerk of this court made and filed his report of the sale of the land mentioned in the petition in this cause which report is unexcepted to and is in all things confirmed by the court
____________________
Henry Butler & others )
vs ) Decree
John Butler & others heirs )
of H B
Be
it remembered that on this 1st day of November 1858 came on the above
cause for further hearing before the worshipful County Court of Sevier County,
and because it does not appear what would be the value of the dower interest of
Martha Rambo formerly Martha Butler and widow of Jas Butler decd. in one share
of the lands mentioned in the petition.
The court is therefore pleased to order adjudge and decree that the
clerk of this court hear proof and ascertain what would be the value of the
dower interest of the said Martha Rambo formerly Martha Butler in one share of
in the above named land and that he make report to the next term of this court.
359
And also that he ascertain and report what would be a
reasonable fee to be paid to M W McCown in this cause
for his services in drawing petition decrees &c
Monday 1st
Nov 1858
ibid Ordered by the court that Aaron Thomas be appointed overseer of the road from the Underdown Ferry road to the top of Bays Mountain 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 Solomon Williams be appointed overseer of the road from above Y. G. Morris to the point of the ridge above Berry Williams and he is hereby required to keeps said road in lawful repair with the hands heretofore assigned
Road 3rd Clap
This day B M Chandler clerk of this court presented to the court a settlement made with Henry Butler guardian to George Muloy a settlement made with Henry Butler guardian to George & William Butler and a settlement made with Isaac Trotter guardian to Jemima Butler, all of which is confirmed by the court and ordered to be recorded
ibid Ordered by the court that Noah Green & William T. Evans be assigned to work on the road which William Haggard is overseer of
ibid Information being made to the court that James Huskey a citizen of this court 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 report thereof to the next term of this court and that they also ascertain and report what lands or goods and chattels may be owned by said James Huskey.
360
Ordered by the court that Payne McClary David Keener & Thos Henry be
appointed commissioners to lay off one years provisions for (this sentence has
a large X ove Monday 1st day of Nov
1858
Elizabeth Cunningham )
widow of Jesse Cunningham Decd. )
vs ) Petition for Sale of Town Lot
Henry S Smith & others heirs )
at law of Jesse Cunningham )
This day Elizabeth Cunningham widow of Jesse Cunningham Decd. filed her petition in this court for the sale of a town lot in Sevierville, and it appearing that Ephraim Cunningham & Elizabeth Cunningham heirs of the said Jesse Cunningham decd. are minors it is therefore ordered by the court that Elizabeth Cunningham Sr. be appointed guardian ad litem for said minors and that process issue returnable to the next term of this court.
ibid Ordered by the court that Emanuel Hurst be appointed overseer of the road from the upper end of the Wilhite road to the long branch next Y J Morris 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 H. S
Catlett be appointed overseer of the road from the ford of the river above
George McCowns tot he ford of the river at Wm Hendersons and he is hereby required to keep said road in
lawful repair with the hands on the following farms to wit the
heretofore assigned
Road 2nd Clap
ibid Ordered by the court that John S
Roberts be appointed overseer of the road from Henrys X Roads to the
Road 2nd Clap
ibid Ordered by the court that
William Henderson be appointed overseer of the road from the ford of the river
at John Catletts mill out to the
Road 2nd Clap