91

Monday 1^st Dec 1856.

This day Mary Butler & Henry Butler administrators of the Estate of Horatio B. Butler Decd. tendered to the court their resignation of the administration of said Estate which was accepted by the court

And thereupon William. H. Trotter was appointed administrator of the Estate of the said Horatio B. Butler Decd. who appeared in open court and gave bond in the sum of one thousand dollars with Isaac Ogle as his security and was duly sworn and thereupon the following letters of administration issued to him which is in the words and figures following towit,

State of Tennessee Sevier County

To W. H. Trotter. Whereas, It hath been represented unto us, in our said county court held for the county of Sevier at the courthouse in Sevierville on the 1^st Monday of December 1856 that Horatio. B. Butler 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 desireous 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 and credits which were of the said Horatio B. Butler 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 thereto required. Witness B M Chandler clerk of said court at office in Sevierville the 1^st Monday of December 1856 B M Chandler clk

This day the court appointed Henry Butler guardian to George Maloy a minor heir of Sarah Maloy Decd. who gave bond in the sum of eight hundred dollars with I Ogle W H Trotter & Jno Butler as his securities and was sworn accordingly

92

Monday 1^st Decr 1856.

This day the court appointed Henry Butler guardian to George Butler & William Butler

minor heirs of H. B. Butler decd. who gave bond in the sum of fifteen hundred dollars with W H Trotter Isaac Ogle & John Butler as he securities and was duly sworn accordingly

Wilson. L. Trundle Surviving )

Executor of the last Will and )

testament of James Trundle decd. )

vs ) Petition to Sell Slaves for distribution

David. L. Trundle & others )

heirs at law of Jas Trundle Decd. )

Came the plaintiff and filed his petition in this cause, and moved the court for an order of publication as to the defendants who are non residents, that a guardian ad litem be appointed for the minors who are defendants & that process issue. The court is therefore pleased to order that publication be made as to said non resident defendants for four successive weeks in the Knoxville Register previous to the next February Term of this court requiring said non resident defts to appear at the said next February Term of this court to answer the petition in this cause. That Ruel Birdwell be appointed guardian ad litem of Ann Elizabeth, William Rebecca & Winfield. S. Trundle minor heirs of John W Trundle Decd. and that subpoenas to answer issue, and that said Ruel Birdwell guardian ad litem be made a party deft in this case

B M Chandler clerk of this court presented a settlement made with A Lawson Admr of the Estate of Andrew Lawson Decd. which was confirmed by the court and ordered to be recorded

93

This day Thos Dunn Guardian to Jas H. Atchley appeared in open court and renued his bond in the sum of Five hundred dollars with William Felcker and Jas Newman as his securities

Monday 1^st Dec 1856.

This day M. W. McCown Deputy clerk of this court presented a settlement made with John S McNutt administrator of the Estate of John. F. Fowler decd. which was confirmed by the court and ordered to be recorded.

ibid Ordered by the court that Josiah Reagan be appointed overseer of the road from the Blount County line to the Knob Creek road near Andrew Rogers and he is hereby required to keep said road in lawful repair with the hands heretofore assigned

Road 3^rd Clap

ibid Ordered by the court that John Trotter of Amos be appointed overseer of the road from Pigeon Forge to Henry Butlers gate and he is hereby required to keep said road in lawful repair with the hands heretofore assigned

Road 2^nd Clap

Mary Butler & Others )

vs ) Petition for Dower & Sale of Land

Jas D Emert & others )

Came the plaintiffs and filed their petition in the

Court adjourned until tomorrow morning 9 o clock Saml Pickens

Tuesday 2^nd Decr 1856

Court met pursuant to adjournment present & presiding the Hon Saml Pickens Judge &c

Mary Butler Henry )

Butler & others )

vs ) Petition for Dower & Sale of land

Jas D Emert & others )

94

Came the plaintiffs and filed their petition in this cause and moved the court that a guardian ad litem be

Tuesday 2^nd Dec 1856

appointed for the defendants who are minors who when so appointed to be made a party deft to this petition, and that process issue. The court is therefore pleased to order that Isaac Trotter be appointed guardian ad litem for Micajah Butler, Caleb Robeson, Mary Robeson & Jemima Butler who are minors and that he be is hereby required to answer said petition and that process issue.

Court adjourned until court in course

95

Saml Pickens

The State of Tennessee

Be it remembered that at a quarterly county court began and held for the county of Sevier in the town of Sevierville on the first Monday of January in the year of our Lord one thousand eight hundred and fifty Seven present The Hon Samuel Pickens County Judge, and the following Justices of the peace for said county to wit James Proffit John McMahan, F. L. Emert Wm Whaley, L Bogart, J W Baker, T Maples Isaac Trotter, J. Y. Havis C Mills W. J. Trotter, R W Crowson, J. B. Seaton, M Davis, J. Gaut, E Underwood, S. W. Randles R M Creswell C Johnson, I M Evans, E Ogle, John Whaley, J H Cate & N J Huffaker ------

Ordered by the court that the present term of this court be held at Academy in Sevierville there being no court house in a condition to hold court in.

A Legal number of the justices of the peace being present and voting in the affirmative it is ordered by the court that the following bills of costs be allowed payable out of any moneys in the hands of the Trustee not otherwise appropriated, said bills of costs being properly certified by the Judge & attorney General. To wit

The State )

vs ) Lewdness

Jane Gibson )

M. W. McCown clk $5.75

The State )

vs ) Lewdness

Nancy Melton )

M. W. McCown clk $8.00

The State )

vs ) overseer.

Jackson King )

M.W. McCown clk $4.00

Leml. Duggan shff. 2 41 1/2

Jas Drennon witness " 75

West Emert witness " 75

96

Monday 5^th January 1857.

The State )

vs ) overseer.

L W Burns )

M. W. McCown clk $2.87 1/2

Lem Duggan shff 1 66 1/2

John Kelly witness " 75

The State )

vs ) Bastardy

John Mcferson )

M. Thornburgh atty Genl $5.00

M. W. McCown clk 3 90

B M Chandler clk cty court 1.62 1/2

The State )

vs ) A & B.

Geo Breeden )

M. Thornburgh atty Genl $2.50

M. W. McCown clk 2 96

Lem Duggan shff 1 66 1/2

David Hurst 4.71

The State )

vs ) Sci Fa

Marvel McMahan )

M Thornburgh atty Genl $2.50

M. W. McCown clk. 2 25

Lem Duggan shff " 62 1/2

The State )

vs ) A & B.

Marvel McMahan )

M Thornburgh atty Genl $2.50

M. W. McCown clk 14 12 1/2

Lem Duggan shff 6 41 1/2

M A Rawlings D shff " 50

Jacob Blazer witness 9 00

Sandford Allen " 7 50

Cornelius Fox " 7 50

Jane Naugher " 6.75

Rebecca Naugher " 6 75

Cela Naugher " 5 25

John Howard " 6 00

Leml Bogart " 7.50

97

Monday 5^th January 1857.

The State )

vs ) Lewdness

Nancy Hasket )

M. W. McCown clk $2.50

The State )

vs ) Lewdness

Wiley Dotson & )

Jane Anderson )

M. W. McCown clk. $6 37 1/2

I N Underwood D shff " 75

ibid Ordered by the court that the Sheriff of Sevier county Summon the following good and lawful men of said county to attend as jurors at a circuit court to be held for the county of Sevier at the court house in Sevierville on the third Monday of March next, to wit.

Dist 1 John Shults Archibald McMahan Sr.

2 Beverage Branam Isaac Huskey

3 Adam Bird O P Jenkins John Bird

4 Thas Maples Jr. Geo Roberts Bejamin Lotspeich

5 Medy W Shields, Lowery McBath.

6 Brice Mcfalls Cyrus Compton.

7 Hugh Blair B M Atchley

8 Thas Furgerson Peter H Bryan

9 G W Johnson, W W Randles, John McCroskey Sr.

10 Andrew Rogers, William Baker

11 Nathaniel King

12 Humphry Hickman, Henry Randles

and that he summon David Keener a constable to attend on the court and Wm. McLaughlin a constable to attend on the grand jury.

98

A Legal number of the Justices of the peace being present and voting therefore, it is ordered by the court that the following taxes be assessed for the year 1857 to wit, For county purposes on the hundred dollars worth of taxable property & on each poll. For poor purposes on the hundred dollars worth of taxable property, and that a tax of twenty five cents on the hundred dollars worth of taxable property and twenty five cents on each poll be assessed to pay for the building of the court house & jail, and that a county tax be assessed of one half the state tax on all licensed privileges

Monday 5^th January 1857.

A Legal number of the Justices of the peace being present and voting in the affirmative, it is ordered by the court that the following allowances be made payable out of any county money in the hands of the Trustee not otherwise appropriated to wit,

officers for holding election of President & Vice President of the United States to wit,

1 Dist. James Henry $1.00

2 " D M J Emert 1 00

3 " Jacob Bird 1 00

5 " Jas W Chambers 1 00

6 " Wm McLaughlin 1 00

7 " Wm J. Chambers 1 00

8 " Saml Huffaker 1 00

4 " Robt S Clark 1 00

9 " Jacob Widener 1 00

10 " G Galyan 1 00

11 " Eli Williams 1 00

12 " David Keener 1.00

Sanders McMahan for 2 Red fox scalps 1.00

R S Clark for 1 Red fox scalp " 50

Robert Richards 1 Red fox scalp " 50

G W T Hill 1 Red fox scalp " 50

Henry Houk 1 Red fox scalp " 50

Thas M Low 1 Red fox scalp " 50

Henry Creswell 2 Red fox scalps 1.00

Madison Howard 2 Red fox scalps 1.00

John Lewalling 1 Red fox scalp " 50

James Williams 1 Red fox scalp " 50

Jacob Bird const for summoning & _________ )

a jury of view ) 1 00

ibid Ordered by the court that Madison Cate be appointed overseer of the road from Dumplin road near Joshua Cates to the Strawberry plains road near Jas Caldwells and he is hereby required to keep said road in lawful repair with the following hands to wit, James Snider, Thas. Hickman, Humphry Hickman, John Canelly, Francis Hancock, Alfred Koons & Iniard Cate.

99

Road 3 Clap

Monday 5^th January 1857.

A Legal number of the Justices of the peace being present and voting in the affirmative it is ordered by the court that the following allowances being present and voting in the affirmative it is ordered made payable out of any of the Poor tax in the hands of the Treasurer of the Poor house not otherwise appropriated to wit.

ibid M C Murphy to be paid to Elijah Maples

for keeping Rebecca Maples for 1857 $15.00

ibid Jourdan Houk for making

two coffins for Shade Cagles children 4 00

ibid Ordered by the court that Joseph McCarter Jr. be appointed overseer of the road from the forks of the road below G W Catons to the gap of the ridge at the powder mill fork and he is hereby required to keep said road in lawful repair with the hands heretofore assigned

Road 2^nd Clap.

The commissioners of the Poor house reported to the court a contract for the keeping of the paupers with John Kear giving him the privilege of taking the paupers to his own house at the sum of forty two dollars & fifty cents for each pauper which contract is accepted by the court, and thereupon said Kear appeared in court and gave bond as superintendent of the poor house in Sevier county with Geo McCown as his security and was sworn according to law

ibid Ordered by the court that John Douglass be appointed overseer of the road from Tuckacae creek to the stage road at Pawpaw hollow and he is hereby required to keep said road in lawful repair with the hands heretofore assigned

100

Road 2 Clap.

Monday 5^th January 1857.

ibid Upon the petition of Radford Gallin it is ordered by the court that John Mullendore Daniel Emert, John Whaley, Thomas McCarter John McMahan, James Ogle, & W D Maples be appointed a jury of view to view and mark out an alteration in that part of the mountain road in Sevier County from the north bank of Roaring fork to the fork of the road leading to the glades so that said change may cause the said road to run immediately from said north bank of Roaring fork up Pigeon river along the Eastern bank to the corner of Radford Gallins field opposite the farm occupied by Caleb Ogle thence along the south side of said Gallins field so as to intersect the old road again at the fork of the road which leads to the glades and that they report to the present term of this court.

ibid Ordered by the court that William Haines be appointed over seer of the road from the forks of the road at George Russells to the Jefferson county line near bridge on Dumplin creek and he is hereby required to keep said road in lawful repair with the hands heretofore assigned.

Road 3^rd Clap.

ibid Ordered by the court that Henry Thomas be appointed overseer of the road from Rawley Romines to the forks of the road near John Reces and he is hereby required to keep said road in lawful repair with the hands heretofore assigned

Road 3 Clap

This day M W Porter late superintendant of the Poor house for Sevier County made his report to the court of the condition of the poor establishment