81

Tuesday 7^th Oct 1856

Ordered by the court that the building committee of the court house be appointed to contract for and superintend the repairing of two wills and for cleaning off the public square of such rubbish as is not contracted for

ibid A Legal number of the justices of the peace being present and voting in the affirmative it is ordered by the court that the Treasurer of the poor house pay to M. W. Porter such sums of money as may be due him for improvement of the poor house farm upon a settlement.

ibid Upon the verbal petition of H S Catlett it is ordered by the court that Wellington McMahan Mathew Tarwater Joseph Anderson John Rule and Samuel Rule be appointed a Jury of view to view and mark out an alteration in the road commencing at Gists Creek so as to intersect the old road on the to of the between said Catletts house and the top of the first hill between Catletts and Solomon Andes and that they report the expediency of changing said road to the next quarterly term of this court

It is ordered by the court that John T. Shields revenue collection of Sevier County

ibid to Trustee a copy On motion it is ordered by the court that the Trustee of Sevier County pay to the contractor for the building of a court house & Jail upon the order of the building committee out of the court house & jail tax that may be in his hands.

82

Tuesday 7^th Oct 1856

ibid Ordered by the court that the sheriff bring to the January Term of this court two children of James Wills to be bound out

Court adjourned until court in course

Saml. Pickens

Isaac Trotter

J. M. Evans

C. Johnson

S. W. Randles

J H Cate

M. Davis

Joseph Gaut

Elijah Ogle

Wm Whaley

James Proffitt

Tuesday 7 Oct 1856.

This day the Honorable Samuel Pickens County Judge proceeded to open the the court to transact such business as is proper to come before his court when the following proceedings were had to wit

83

This day Lucinda Lawson guardian to Nancy Lawson a minor heir of A. P. Lawson decd. appeared in open court and resigned said guardianship, and thereupon B J Tipton was appointed guardian to said minor heir who appeared in open court gave bond in the sum of five hundred dollars with E Hodges as his security and was duly quallified (sic)

Tuesday 8^th October

This day a paper writing purporting to be the last will and testament of Asa Delozier Decd. was presented to the court for probate, and thereupon came Andrew Kirkpatrick & David Vaugtt (sic) the subscribing witness to said will who after being duly sworn says that said will was executed by the said Asa Delozier in his life time in their presence & that at the time he executed said will he was of sound mind and that said will was executed upon the day it bears date, it is therefore ordered by the court that said will be admitted to record. And thereupon came Cromwell Delozier & Andrew Delozier the executors appointed in said will and gave bond in the sum of one thousand dollars with Benjamin Tipton & B J Tipton as their securities, and thereupon the said Cromwell Delozier and Andrew Delozier was duly sworn as said Executors where upon the following letters testamentary issued to wit,

State of Tennessee )

Sevier County ) To all persons Greeting

Whereas, at our county court held for the county of Sevier at the court house in Sevierville on the first Monday of Oct 1856 it appeared to the court that Asa Delozier late of said county had died having first made his last will and testament in which Cromwell Delozier and Asa Delozier are appointed executors and the said will having been proven and admitted to record and the said Cromwell Delozier and Andrew Delozier quallified as executors it was ordered that letters testamentary issue &C. We therefore empower the said Cromwell Delozier and Andrew Delozier to take into their 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 expend, 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 1^st Monday of October 1856

B. M. Chandler Clk

84

Tuesday 7^th Oct 1856

This day Thas G. Douglass Guardian to Ephraim Jane & Elizabeth Henry minor heirs of Albert Henry Decd. appeared in open court and renewed his bond as such guardian in the sum of Fifteen hundred dollars with Edward M Douglass and Jesse Douglass is his securities

This day B. K. Mynatt guardian to St Paul & Marusa Gist minor heirs of A F Gist Decd appeared in open court and renewed his bond in the sum of one thousand dollars with David McCroskey as his security.

This day Mary M. McCroskey guardian to William R and Jas M McCroskey minor heirs of Robert McCroskey Decd. appeared in open court and renewed his bond in the sum of Four thousand dollars with James M Sharp and John S McCroskey as her securities

This day Benjamin Atchley Sr. guardian to Martha Atchley Minty Atchley Patience Atchley and McCampbell Atchley minor heirs of Thas Atchley Decd. appeared in open court and renewed his bond in the sum of one thousand dollars with John C Atchley as his security

This day Sarah Hodges Guardian to Martha R and Nancy S and Mary J. Hodges minor heirs of William Hodges Decd. appeared in open court and renewed her bond in the sum of one thousand dollars with Wm E Hodges and E Hodges as her securities

This day John C. Atchley Administrator of the estate of Thas Atchley Decd. appeared in open court and renewed his bond in the sum of one thousand dollars with Benjamin Atchley as his security

Court adjourned until tomorrow morning at 10 o clock Saml Pickens

85

Wednesday 8^th Oct 1856

Court met pursuant to adjournment present and presiding the Hon Saml Pickens County Judge

This day B M Chandler clerk of this court presented the following settlements to wit, a settlement made with William Atchley Guardian to the minor heirs of Isaac Atchley Decd. a settlement made with John Russell Admr. of the Estate of Isaac Atchley Decd. a settlement made with Hiram Boyle Guardian to Joseph B & Priscilla J Davis minor heirs of Reps J Davis Decd. all of which is confirmed by the court and ordered to be recorded.

It appearing to the satisfaction of the court from the testimony of S W Randles that Alexander Lowasser, is an overseer of a public road in Sevier County and been one for more than twelve months, and that said Alexander Lowasser has been made chargable with a poll tax for the year 1856 which in the opinion of the court is wrongfully taxed it is therefore considered by the court that he be released from the payment of said poll tax.

Court adjourned until court in course

86

Saml Pickens

Monday 3^rd day of Nov 1856.

State of Tennessee ) Be it remembered that at a county court Began and held

Sevier County ) for the county of Sevier at the court house in Sevierville on the first Monday of November 1856 being the 3^rd day of said month and the Judge failing to attend Court adjourned until tomorrow morning

Tuesday 4^th day of Nov 1856

Court met pursuant to adjournment and there being no Judge court adjourned until tomorrow morning

Wednesday 5^th day of Nov 1856

Court met pursuant to adjournment present the Hon Saml Pickens Judge &c when the following proceedings were had to wit,

This day Wilson L Trundle came into court and renewed his bond as Executor of the last will and Testament of James Trundle Deceased in the sum of five thousand dollars with L W Burns and David L Trundle as his securities. the original bond having been destroyed by the burning of the clerks office

This day John B Clark Executor of the last will and testament of J. P. H Clark Decd. came into court and renued (sic) his bond as such Executor in the sum of Two thousand dollars with Emanuel Fox as his security the original bond having been destroyed by the burning of the clerks office

This day John Andes guardian to Mary H. Langston formerly Mary H Atchley resigned said guardianship.

87

Wednesday 5^th November 1856.

This day the court appointed Benjamin Langston guardian to Mary H. Langston formerly Mary H. Atchley who appeared in court and gave bond in the sum of one hundred dollars with McCajah Atchley as his security, and was sworn accordingly

It appearing to the satisfaction of the court that Richard U Nichols a free child of color aged five years is in a destitute and suffering condition and that it would be to the advantage of said child to bind it as an apprentice, The court therefore binds said Richard U Nichols after the manner of an apprentice to Sanders McMahan until the said Richard U Nichols shall attain the age of twenty one years upon the following terms to wit, The said McMahan is to educate said Richard U Nichols until so that he can read and write and understand the arithmatic (sic) to the Double rule of three, and at the end of said term of service the said McMahan is to give said Richard U Nichols a horse bridle and saddle to be worth one hundred dollars and three suits of every day wearing apparrel (sic) and one suit of decent out going clothes.

It appearing to the satisfaction of the court that Alfred Nichols a free child of color aged seven years is in a destitute and suffering condition and that it would be to advantage of said child to bind it as an apprentice. The court therefore binds said Alfred Nichols after the manner of an apprentice to Sanders McMahan until the said Alfred Nichols shall attain the age of twenty one years upon the following terms to wit, The said McMahan is to educate said Alfred Nichols so that he can read and write and understand the arithmatic to the double rule of three, and at the end of said term of service the said McMahan is to give said Alfred Nichols a horse bridle and saddle worth one hundred dollars three suits of every day wearing apparrel (sic) and one suit of decent out going clothes.

88

Wednesday 5^th November 1856.

It appearing to the satisfaction of the court that Ellen Trundle had died intestate and having whilst living goods & chattels rights & credits. The court therefore appointed Wilson L. Trundle administrator of the Estate of the said Ellen Trundle decd. who appeared in open court and gave bond in the sum of one thousand dollars with L W Burns & Danl L Trundle as securities and was duly sworn whereupon letters of administration issued to him in the following words to wit

"State of Tennessee Sevier County.

To Wilson L Trundle Greeting.

Whereas, It hath been represented to us in our county court held for the county of Sevier, at the court house in Sevierville on the 1^st Monday of Nov 1856 that Ellen Trundle 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 desireous that the said goods and chattels writes rights and credits may be well and faithfully administered, do grant unto you the said Wilson L Trundle full power, by these presents well and truly to collect and to take into your possession all and singular the goods and chattels rights and credits which were of the said Ellen Trundle 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 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 1^st Monday of Nov 1856

B M Chandler Clk

89

Wednesday 5^th Nov 1856.

B. M. Chandler clerk of this court presented to court a settlement made with Benjamin Atchley Guardian to the minor heirs of Thas. Atchley Decd. and also a settlement with Thomas G. Douglass Guardian to the minor heirs of Albert Henry Decd. which settlements were confirmed by the court and ordered to be recorded.

M. W. McCown Dept Clerk of this court presented to the court a Settlement with B D Brabson Guardian to Ann. E. Davis Reps. A. Davis & John E Davis minor heirs of Reps J Davis Decd. which was confirmed by the court and ordered to be recorded.

Court adjourned until court in course

Saml Pickens

90

Monday 1^st Dec 1856

State of Tennessee ) Be it remembered that at a county court began and held

Sevier County ) for the county of Sevier at the court house in Sevierville on the first Monday of said of December 1856 it being the 1^st day of said month present and presiding the Hon Saml Pickens Judge &c

ibid Ordered by the court that Amos Clark be appointed overseer of the road from Shin bone to Buck horn and he is hereby required to keep said road in lawful repair with the hands heretofore assigned.

Road 2^nd Clap

ibid Ordered by the court that James Bird be appointed overseer of the road from the mouth of the lane near Wm Thomas to the Gap Creek road near Saml Creswells and he is hereby required to keep said road in lawful repair with the hands heretofore assigned

Road 3^rd Clap

ibid Upon the verbal petition of J T Havis it is ordered by the court that John Mullendore Morgan Davis Joel Hudson, Saml Ellis, Thas Henry Ephraim Johnson Hugh Goforth Sr. N M Thomas, Robert Bales and Payne McClary be appointed a Jury of view to view and mark out a road of the 1^st Clap from Sevierville to the Strawberry plains if they should think such road practible and that in laying out said road that they be required to make inquiry as to whether damages will be claimed by any person or persons over whose land said road may be laid out and that they or a majority of them report to the next quarterly term of this court.