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Sumner County Clerk Minutes
April Term, 1866

Transcribed from TSL&A Microfilm Roll  #51
Sumner County Clerk Minutes, Vol:  Jan 1853 - Apr 1866

Transcribed by Jan J. Barnes
©2002

Page 628

April 4, 1866

To the Honl. County Court of Sumner:

I hereby tender my resignation as Constable of the 12th Civil Dist. of Sumner County.
H. Culwell C. S. C
March 2nd 1866
which resignation is accepted by the Court and it is ordered by the Court that the Sheriff open and hold an election in said District to fill the vacancy first giving ten days notice.

Mary R. Lyles vs. G. L. Pierce - Dower

Upon Petition of Mrs. Mary R. Lyles. widow of R. J. Lyles dec'd, that Commissioners be appointed to assign her dower in the real estate of her said deceased husband and it appearing to the satisfaction of the Court that notice according to law has been served on the parties interested, it is ordered by the Court that Dr. James Franklin, James W. Rutherford, W. A. Whitworth, John K. Taylor and Jas. Edwards and Felix Talley special Surveyor be appointed Commissioners to set apart and assign to Mrs. M. R. Lyles aforesaid dower in the real estate of her said deceased husband R. J. Lyles.  The Surveyor and any two of the above named Commissioners can act.  They will report.

John Montgomery Admr. of Briant Montgomery dec'd
The settlement of the Administrator with the Clerk is in all things confirmed and the same is ordered to be recorded.  It further appearing to the Court that the Admr. during his administration has received some $245.00 of money consisting of notes on the Bank of Tennessee and other current notes of Banks and that he had made a tender of the same while current of the Guardian of the Smith children and he refused or failed to receive the same.  It is therefore ordered by the Court that the Administrator be allowed a credit for said amount with interest from the time he received it and that the guardians receive it.

Page 629

April 5, 1866

Jas. B. Locke vs. W. F. Summers
The Petition of James B. Locke this day filed in the County Court Clerk's office sets forth that one Levi E. Donnell, on the 28th Aug 1865, made & executed a Deed of Trust in which William T. Summers was appointed Trustee and that said Summers refused to act as such trustee and prays that a copy of his petition be served upon said W. F. Summers.  It is therefore ordered by the Court that William F. Summers aforesaid be served with a copy of said James B. Locke's petition and that he be summoned to appear before this Court on or before the 1st Monday in May 1866 to answer the same.

Wm. C. Simpson Admr. vs. Mary Ann Johnson et al
In this cause a reference is made to the clerk who will upon the amount of indebtedness against the intestate and the amount of the personal assets in the hands of the Administrator and whether it is necessary to sell the land to pay the debts of the intestate.  He will report to the current term.

Joshua Rickman having this day filed in Court the following proceedings had in the County Court of St. Clair County Missouri touching his appointment as Guardian of James D. Rickman, minor child of Marcus Rickman dec'd to wit:
State of Missouri     }
County of St. Clair   }  S.S.
I Lindsey Barnes, Clerk of the County Court of St. Clair County Missouri hereby certify that I am well acquainted with Joshua Rickman of this County and State, that on the 9th day of February 1866 the said County Court having Probate jurisdiction did appoint the said Joshua Rickman Guardian of the person and curator of the Estate of James D. Rickman, minor heir of Marcus Rickman dec'd; that the said Joshua Rickman did give bond as such Guardian and Curator in the penal sum of Ten Thousand dollars ($10,000) that the said bond is now on file in my office, the same having been properly approved before being filed; that it has in it all the conditions the statutes of Mo. require (so far as my knowledge extends; that among

Page 630

other conditions one reads thus "if Joshua Rickman, Guardian of the person and Curator of the Estate of James D. Rickman minor heir of Marcus Rickman deceased, shall account for and pay over to the said minor, according to the law of Missouri all money or property that may be received for said minor in the State of Tennessee or elsewhere by him the said Joshua Rickman, and perform all other acts and things touching said guardian and Curatorship required by law or the order or decree of any Court having jurisdiction then the above bond to be void otherwise to remain in full force"
County Court Seal                In testimony whereof I Lindsey Barnes,
St. Clair County                   Clerk of the St. Clair County Court of Mo. hereto sub-
Mo.
                                      subscribing name and affix my official Seal
                                              at office in Oseola Mo. the 23rd day of March
                                              A. D. 1866.
                                                                  Lindsey Barnes Clerk
                                                                  by J. Wade Gardner D. C.
I William A. Mitchell presiding Justice of the County Court of St. Clair County Mo, hereby certify that Joshua Rickman of the said County and State is the legal guardian of the person and Curator of the estate of James D. Rickman minor heir of Marcus Rickman, deceased, by reason of the said Joshua Rickman having been by said court on the 9th day of February 1866 appointed as the Statutes of Mo. require Guardian and Curator as aforesaid of the said minor heir, and because the said Joshua Rickman and his securities on his bond given as such Guardian and Curator are solvent and amply good for the penalty of said bond.
The said bond was, by said Court, on the 9th day of February A. D. 1866, approved the same being conditioned according to law.
In witness of which I hereto subscribe my name this the 19th day of March A. D. 1866.
                                                                  Wm. A. Mitchell
Test
J. Wade Gardner
D. C. St. Clair Co. Mo.
I Lindsey Barnes Clerk of the County Court of St. Clair County Mo. do hereby certify that William A. Mitchell is the presiding Judge of said Court.
Witness my name and official Seal hereto

Page 631

County Court             affixed at office in Oseola Mo. the 19th day
    Seal                        of March 1866
St. Clair County                                        Lindsey Barnes Clerk
    Mo.                                                        by J Wade Gardner D. C.
and the Court being satisfied that said Joshua Rickman has been regularly appointed guardian of the minor James D. Rickman in the County Court of St. Clair County, Missouri and has fully complied with the laws of this state regulating the removal of the estates of minors from this state and being further satisfied that it is to the interest of the said minor that his estate should be transferred to Missouri, the place of his domicile, doth order and direct the Clerk of this Court to pay over to the said Guardian Joshua Rickman any means that is or may come into his hands belonging to the said minor James D. Rickman and it is further ordered that the Administrator of Marcus Rickman, T. W. Browning pay over to the said guardian Joshua Rickman any monies or means that may be in his hans due and going to the said minor James D. receipts to be taken in both cases.

Friday morning April 6th 1866

Wm C. Simpson Admr. of R. E. Johnson dec'd. vs. Mary Ann Johnson et als.
Be it remembered that the above cause coming on for hearing at the present Term of the Court was heard on the 5th day of April, 1866, before his Honor S. Heermans Judge of the County Court of Sumner upon the petition, the confesso, the answer of the minors by their guardian ad litem the report of the Clerk and the proof in the cause.  And it appearing to the Court that R. E. Johnson departed this life intestate in the County of Sumner on the (left blank) day of 186(blank) leaving the defendant Mary Ann Johnson his widow and the other defendants, his children, his sole distributees and heirs at law and that the Complt. W. C. Simpson took out letters of administration upon his estate at the April Term 1862 of this Court, gave bond and was qualified in conformity with law.  That the intestate was possessed of but small personal estate, scarcely nothing

Page 632

except what the widow was entitled to by law, and that the real estate mentioned in the pleadings was the only land which he owned, at the time of his death, and that out of this the widow has been assigned dower, and that it is absolutely necessary that said land be sold in order to enable the administrator to pay the debts of the intestate as the personal assets are greatly insufficient for that purpose.
It is therefore ordered, adjudged and decreed by the Court that said tract of land be sold subject to the dower of the widow.  The Clerk after giving the usual notice by hand bill of the time and place of Sale will expose said land for sale at public auction and sell the entire tract subject to the widow's dower, upon the following terms - One Hundred dollars Cash and the balance in equal amounts upon a credit of twelve and eighteen months taking bond and security from the purchaser and retain a lien upon the land until the purchase money is all paid.  He will report to the next or some subsequent term of the Court, until when all other matters are resolved.

A. J. West vs. Mary E. West - Final Decree
This cause came on to be heard finally on the report of the Commissioners which is as follows, viz:
The undersigned Commissioners, appointed by the County Court of Sumner at its November Term, 1865, to partition between A. J. West and Mary E. West, tenants in common in and to a tract of land lying and being in Sumner County containing Three Hundred & thirty three acres, respectfully report that we have assigned to Mary E. West as follows, to wit;
Beginning on a rock in a line between this tract and that of William Rickman running South 21 degrees West, one hundred and nineteen poles to a rock, in or near Brush Fork Creek, thence South 69 degrees East thirty six poles to an old oak; thence South 48 degrees East, thirty poles to a Stake; Thence North 30 degrees East, fifty eight poles to the mouth of a gully; thence North One hundred & seventy six poles to an ash. Thence North 76 degrees West thirty poles to a Pig Nut Hickory; thence North 8 degrees West ninety four poles to a poplar thence West forty poles to a Beech; thence North one hundred & twenty poles to a Beech, thence

Page 633

West four poles to a stake, thence North twenty two poles to a Hickory, thence West forty seven poles to a Hickory thence West about seventeen poles to a small Hickory, thence South ninety three poles to a clift of rocks, thence West fifteen poles to a Cedar, thence South Seventy two poles to a Clift of rocks, thence South 79 degrees East, forty seven poles, thence South 30 degrees East, eight poles, thence East thirty six poles; thence South 8 degrees East, One hundred and twelve poles; thence South 74 degrees East twenty one poles; thence East thirty two poles, thence south 12 1/2 degrees West fifty nine poles to the beginning, containing about One hundred and sixty six acres, more or less, seventy seven and a half acres being entirely timbered land.
To A. J. West we have assigned land as follows, to wit; one tract bounded as follows, Beginning on three Small gums the Northwest corner of this tract running South ninety three poles, thence East thirty three poles, thence South 2 degrees East twenty one poles, thence East eighty four poles, passing a Cedar marked as a corner about fifteen poles to a clift of rocks; thence North ninety four poles to a small Hickory, Thence West to the beginning One hundred & thirty five poles, containing seventy seven & one half acres, timber land.
We have also assigned the said A. J. West the following tract to wit; Beginning on a rock known as the Northeast corner of the West home tract running west sixteen poles to a stake.  Thence north sixty-one poles; thence north 43 1/2 degrees West thirty poles to a rock; thence North 60 degrees West forty two poles to a beech, thence west ten poles to a poplar; thence South 8 degrees East ninety four poles to a Pig nut Hickory; thence South 76 degrees West thirty poles to an Ash; thence South one hundred and seventy six poles to a stake thence South 30 degrees East fifty-eight poles to the Creek; thence South 48 degrees East thirty two poles to an old Sycamore; thence South sixty six and a half degrees East thirty two poles to a beech; thence South 79 degrees East, twenty poles to the middle of the Creek; thence North 27 degrees East eighteen poles; thence North 30 degrees West twenty poles; thence North 36 degrees West, fourteen poles; thence North 9 degrees East twenty six poles; thence North 2 degrees West thirty poles; thence North 28 1/2 degrees West twenty two poles, thence North 21 1/2 degrees West twenty six poles; thence North one hundred & two poles to the beginning, containing ninety acres more or less.  This we consider an equal division of said tract of land between the parties in interest.
All of which is respectfully submitted this 2nd day of April, 1866.
Jas. N. Malone (Seal)
B. N. Fleming    (Seal)
G. M. Gillespie (Seal)

Page 634

Which report is in all things confirmed by the Court, and it is decreed that the title of the parties to the share of each as allotted in said report be divested out of them and vested in each respectively to the particular share so allotted to him and her.  It is further decreed that each of the parties pay an equal share of the costs for which let execution issue.  A copy of this decree will be certified for registration.

No court business for April 7, 1866.

April 9th, 1866

The County Court of Sumner having failed to organize on Monday last, the 2nd inst., the regular quarter term of the Court and there being much business of importance to be transacted, many necessary appropriations to be made, it was agreed that for the purpose of making appropriations and transacting such business as a majority of the magistrates alone can do, that the magistrates or a majority of them met at the Court House in Gallatin on Monday April 9th 1866.

Page 635

Thursday morning, April 9th 1866
Court met according to adjournment.
Honl. Thos C. Douglass, Judge Presiding
Present the following named Magistrates, to wit:

S. W. Lesueur, J. W. Anthony, J. N. Mitchiner, J. W. Haynes, S. F. Schell, Thos. G. Moss, Burnice Bender, Hugh Joyner, James Cain, J. B. Crunk, C. F. Clendening, J. G. Binkley, Wm Matthews, James Gwinn, D. L. Johnson, J. N. Malone, R. B. Durham, Geo. T. Brown, Saml. W. Hodges, John Roney, W. G. Lanier, Benj. Roney, M. Cummins, Jo. B. Hobdy.

The following has been abstracted from the remainder of this roll of film:

J. B. Crunk, District 8, Commissioned Magistrate on March 3, 1866.

Samuel W. Hodges, District 17,  Commissioned Magistrate March 3, 1866

Thomas S. Ellis, produced a certificate showing that he was elected Constable for Dist. No. 12 on March 3, 1866.  His securities - James J. Turner, Hilliary M. Hay, and J. M. Gardner.

John M. Durham produced a certificate stating that he was a duly elected Constable for Dist. No. 13 on March 3, 1866.  His securities John S. Carr, R. B. Durham, and Jonathan Durham.

Page 636

H. M. Austin produced a certificate from the Sheriff stating that he was an elected Trustee on March 3, 1866.  His securities:  John A. Baskerville, Thomas M. Hunter, William A. Lovell and B. N. Fleming.

George D. Roberts was appointed administrator of the estate of William Martin Senr., dec'd.  His securities:  W. G. Lanier and John Wilkerson.

W. C. Blue was appointed administrator of Stephen Bugg, dec'd.  His securities:  William Henley and J. B. Parsons.

R. C. Brizendine resigned as one of the Poor House Commissioners.

William C. Knight, C. B. King, and James Alexander appointed as Commissioners to contract for the building of the County Jail by Judge S. Heermans.  The appointment was ratified by the magistrates.

Page 637

William Legg was appointed Overseer of the Red River Road.

List of appropriations by the County Court of Sumner:

Miss Lucy Kirk overcharged in Tax List 1860 & 61.

S. Heermans overcharged in Tax List 1865.

Louis Hill overcharged Poll Tax 1865.

Alexander Benson Juror in place of Esquire Jno. N. Smart, Dist. No. 16 asks for 5 days pay.

Alexander Gaines acct. for wood & sawdust for Court House.

Jesse Gwinn 2 loads wood for Court House.

John L. Bugg Clerk Ex. Officio Services - $50.00

John L. Bugg Clerk Cash paid for Minute Book - $28.00

J. A. Bowman overcharged in Poll Tax.

John Matthews overcharged in Poll Tax.

A. G. Simmons overcharged in Poll Tax.

D. L. Johnson paid for 2 loads wood for Court House, Feb 1866.

W. G. Lanier overcharged Tax List 1866.

Solomon Bearden  Pauper

R. Pond paid for  holding 2 elections.

W. Lanier, holding 1 election.

Examiner Office - $27.00

Chancery Court Clerk for books, etc.  $63.25

J. A. Littleton - holding elections, etc.

Thos. Gregory cost for Jury inquest on body of Samuel Gourley

William Matthews paid for holding election.

John Matthews overcharged Tax List.

J. G. Binkley holding 2 elections Dist. 10.

Jas. A. Durning holding 2 elections Dist. 18.

J. H. House 2 Pauper coffins.

Schell & Blakemore Sunday articles for Court House.

Wm. Matthews for provisions etc. furnished soldiers wires.

Tolliver & Booker clothing furnished pauper Elizabeth Minor.

J. N. Mitchiner holding 2 elections.

Page 638

James Gwinn holding 2 elections.

Daniel Boone not allowed.

J. D. Staler holding 3 elections.

J. N. Malone holding 1 election.

F. W. Thorp coffin & care for pauper T. Stalker

Mrs. H. L. Towson boarding jurors.

Hardy Caldwell holding elections.

John R. Barry, Chancery Court Clerk for repairs in office.

Nancy Brooks boarding of Paupers.

Frank K. Taylor overpaid Tax list.

Wm. Turner Pauper coffin.

Mariah Coleman for keeping her mother Mrs. Black, a pauper, from Jan 1st 1862 to Aug. 1864.

J. G. Durham holding 2 elections Dist. 13.

R. T. Warner Sheriff Services.

Benj. Gray repairs Circuit Court office.

W. C. Camp boarding Jury.

James Pearson keeping Brad Brown 3 days.

J. W. Brooks Commis. report examined.

J. W. Walton for holding 2 elections.

Wm Matthews for Eliza McCullough.

S. W. Lessueur for services as Juror Feb. Term 1860.

Wm Equels for boarding, lodging, & clothing two paupers (John & Chloe Hodges)

Wm. A. Payne holding 2 elections in '66 & 2 in '65.

W. W. Brizendine holding 3 elections in 65 & 6.

T. A. J. Hughes holding 3 elections in '66 in Dist. No. 7.

Benj. Roney & T. C. Douglass for services as Commrs. of Poor.

J. F. Joyner Circuit Court Clerk for record books.

A list of rates for ferriage passed by the County Court:
Four or Six Horse Wagon loaded - $1.00
Four or Six Horse Wagon empty -      .70
Two Horse Wagon loaded                   .50

Two Horse Wagon empty                    .25
Horse and Buggy                                 .25
Two Horse Carriage                            .50
Page 639
Man & Horse                                       .10
Man on foot                                          .05
Loose stock half price on each -          .02 1/2

Thomas C. Douglass and Benj. Roney tendered their resignation as Commissioners for the Poor.  Ordered by the Court that Charles E. Boddie, Cullen E. Douglass, and William Dodd be appointed Commissioners for the Poor.

Ordered by the Court that the following named persons be appointed Jurors for the next term of the Circuit Court of Sumner County.
Dist. 1 - R. C. Dalton, Benj. Mills
Dist. 2 - E. L. Payne, B. S. Martin
Dist. 3 - James Bryson, W. H. Hall
Dist. 4 - Harvey Robb, J. A. Bowman
Dist. 5 - Daniel Escue, Richard Brown
Dist. 6 - John A. Vaughan
Dist. 7 - T. W. Rutherford, Hubbard Saunders
Dist. 8 - J. B. Crunk, Wm McGinnis
Dist. 9 - John Clendening, James Frazier
Dist 10  J. W. Harris, Eli McKoin
Dist 11  Chas. E. Boddie, Wm Matthews
Dist 12  John T. Carter, Wm S. Whiteside
Dist 13  John S. Carr, Jonathan Durham
Dist 14  Geo. T. Brown, S. H. Rickman
Dist 15  James Brown, Malachi Fikes
Dist 16  Edward Duffer, Sanford Barnard
Dist 17  Saml. W. Hodges, E. H. C. Sarver
Dist 18  A. H. Guthrie, T. H. Warren
Dist 19  Alfred Groves, James Keath
Constables to wait on the Court - Wm H. Phillips and Thos. S. Ellis.

Resolved that the thanks of the people of Sumner County are eminently due to this Honor, S. Heermans for the very able and efficient manner that he has performed the duties of the Office of County Judge since he has held this position, and that we the representatives of the people hereby tender the same to him.
Resolved that a copy of this resolution be spread upon the minutes of the Court.

Page 640

William Equels duly elected State and County Revenue Collector for the County of Sumner for the period of two years entered into his bond to the State of Tennessee for Twenty one Thousand dollars.  His securities:  M. A. Hodges, S. W. Hodges, W. C. Ausbrooks, W. G. Durham, D. P. Ausbrooks, W. W. Brizendine, W. A. Payne, Thos. M. Hunter, B. N. Fleming, Jonathan Durham, James Talley,  Wm M. Durham and James G. Durham.

This roll of film ends with the April 9th, 1866 court date.


Sumner County, Tennessee Selected Court Records Index

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