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Sumner County Clerk Minutes
April Term, 1883

Abstracted from TSL&A Microfilm Roll  #54
Sumner County Clerk Minutes, Vol:  Oct. 1882- Jan 1892

Transcribed by Jan J. Barnes
©2005

Page 73

April 2, 1883

Lee Head, Chairman
List of Justices entitled to per diem; all per diem amounts - $1.50
G. W. Griffin J. N. Suddarth
J. W. Harrison W. C. Dismukes
J. A. Patterson G. N. Guthrie
D. C. Blakemore E. T. Bush
Jas. Anderson J. A. Moss
S. R. Doxey S. M. Utley
Jas. K. Taylor Jno. M. Guthrie
M. J. Hassell C. M. Sutton
Sol Love Milus Elliott
R. C. Parker W. C. Knight
R. B. Durham G. W. Chipman
E. W. Black H. F. Suttle
D. W. Barber R. C. Searcy
Alex Parham W. B. Read
J. T. Bumpus

Roll call of Justices,, a majority of whom voted aye that the following appropriations be made -
Martin Mayberry for benefit of idiotic son pauper   $30.00
Mr. & Mrs. Aldridge   Paupers   $30.00
Fanny Hobdy   Pauper   $30.00
John Hodges   Pauper   $40.00
Cloy Hodges   Pauper   $40.00
Record shows those Justices voting aye and those voting no.

Call of Justices, majority voting aye that an appropriation of $10 per month be made, commencing 1st January 1883 for the benefit of

Page 74

Amaziah Satterfield colored pauper.  Record shows those Justices who voted aye and those voting no.

Call of Justices, a majority voting aye that a pauper appropriation of $10.00 be made to Chas. Poston for expense incurred in burying Mrs. Killbuck.  Record shows each Justice's vote.

Call of Justices voting to appropriate Albert Lillard, colored, $50.00 in payment of a house that burned in October, 1883 (?)  All voted aye except S. M. Utley.

A majority of Justices voted aye to appropriate J. R. Barry $115.50 for furniture in C & M Office.

All Justices voted aye for the following appropriations:
O. B. Roney for pauper coffin child of Bill Dinning, Col.  $3
V. Gates for pauper coffin - Mrs. Henderson White  $3
C. B. Key for pauper coffin - Harriet Goodall Col. child  $3
J. H. McLaren a/c rendered  352.00
Albert B. Tarel a/c rendered   2.50
Marshall & Bruce a/c rendered   97.25
O. H. Foster, Clerk a/c rendered   85.18
O. H. Foster Clerk ex-officio services to Oct. 1st 1882   50.00

Ordered by Court that the following appropriations made at the January quarterly Court, 1883 were omitted;
Page 75
Renewed and ordered recorded:  Payment for pauper coffins (See Poor House Records, April, 1883)

Bill of costs from the docket of J. A. Moss Justice of the Peace amounting to $9.90 paid.

Ordered by the Court that R. F. Payne be permitted to exercise the privilege of peddling in Sumner County one year from date.

Ordered by the Court that two dollars be refunded R. A. Williams, of the 14th District, that was overcharged and collected on his property assessment for 1883.

Appointment of Jurors for the June Term, 1883, Circuit Court:
E. G. Walton and J. V. Wilkes  1st District
J. W. Harrison and Henry Dunn  2nd District
D. C. Blakemore and W. A. Chapman  3rd District
W. T. Reed and John P. Frakes  4th District
J. A. Moss and H. S. Wherry  5th District
Elisha Turpin and A. J. Templeton  6th District
James W. Rutherford and D. B. C. Montgomery  7th District
E. M. Hassell and W. M. Mitchell  8th District
Joab Horne and Cullen E. Love  9th District
R. C. Parker 10th District
J. G. Perdue 11th District
J. W. Perdue 12th District
Hampton Ray 13th District
J. M. Gant 14th District
John T. Link 15th District
Irby Hudson 16th District

Page 76

L. W. Walker and W. C. Keen appointed officers to wait on the Circuit Court of Sumner County at the June Term, 1883.

Majority of Justices voted that the road districts remain the same as the Civil Districts and one commissioner for each as follows:
1st District  G. W. O. Griffin
2nd District  Jas. N. Suddarth
3rd District  John A. Holbert
4th District  W. T. Reed
5th District  J. A. Moss
6th District  R. A. Cartwright
7th District  Jas. Watkins
8th District  C. W. Strother
9th District  T. D. Jones
10th District  Jno. W. Albright
11th District  B. N. Fleming
12th District  (Left Blank)
13th District  (Left Blank)
14th District  E. H. C. Sarver
15th District  Jese Turner
16th District  T. B. Moor

April 7, 1883

Frances Brewer and husband et al vs. Robert Short et al
Defendants:  Jane C. Austin & husband Thomas Austin

Page 77

duly served and failed to answer.  Hearing set for Ex-parte.

Mrs. Georgia Malone, guardian of Jo M. Tomkins, Jr. joined by her husband, J. W. Malone, petition the court to sell her ward's stock in the Bledsoes Creek Turnpike Company, said stock being nine & 36/100 shares in the amount of $233.97.  Court orders guardian to sell said stock and is directed to transfer said shares of stock to the purchaser; Guardian will pay the costs of the application out of the estate taking receipt for the same.

J. R. Dorris appointed Administrator of William Dorris, Sr.  Sureties J. F. Gray and F. M. Dorris.  Bond - four hundred dollars.

Page 78

April 9, 1883

R. B. Durham, Chairman pro tem and the following Justices who are entitled to per diem viz:  W. H. Hall, J N. Suddarth, J. W. Harrison, W. C. Dismukes, Jno. A. Patterson, G. N. Guthrie, D. C. Blackemore, E. T. Bush, Jas. Anderson, J. A. Moss, S. R. Doxey, Jno. M. Guthrie, M. J. Hassell, C. M. Sutton, Sol Love, Milus Elliott, W. C. Knight, G. W. Chipman, H. F. Suttle, D. W. Barber, Alex Parham, W. B. Read.  Per Diem - $1.50.

Justices vote that W. C. Dismukes, W. C. Knight, and E. T. Bush be appointed a committee with authority and power to purchase a tract or lot of land and erect a County Pest House and that the committee be empowered to make contracts for the building of said Pest House, and have it erected as soon as practicable and to employ competent Physicians, Nurses, Guards, purchase all supplies and perform all the duties of a Sanitary Committee in case an epidemic occurs in the county.

Page 79

April 17, 1883

Lee Head, Chairman presiding.

The last Will and Testament of J. H. Duke, deceased produced in Court.  Proven by Thos. M. Woodson and C. E. Douglas.  Z. F. Green, Executor named in will; Sureties:  C. E. Douglass and W. A. Holder; bond of Twenty five thousand dollars.

Francis Brewer & husband et al
vs.
Robert Short et al
Proof filed by Clerk:
1st  There was originally five equal shares in the land mentioned in the pleadings; Defendants Robt. & John Short purchased jointly the 1/5 interest of Jane C. Austin, which makes the entire tract belonging to the four tenants in common.  To the Complainants, Fanny Brewer & Mary Ann Short, 1/5 each; Robert Short & John Short by inheritance 1/5 each & by purchase 1/2 of 1/5 each.
2nd  The tract of land is susceptible of partition in the above properties without injury to the rights of any of the parties.

Page 80

Francis Brewer, Mary Ann Short, and the defendants Robert Short, John Short and Jane C. Austin are the heirs of Drury Short, deceased and at the death of their Father were entitled to equal shares of a tract of land, lying in Sumner County on what is known as the North side of the ridge in Civil District No. 16, containing two hundred acres, bounded on the North by Nettie Short, East by John A. Austin, South by James Crafton, West by Capt. Buntin.  Ordered by the Court that W. T. McGlothlin, Watson Goosetree, Eugene Crafton, W.D. Corkran, Frances Harper (any of whom may act) are appointed commissioners to divide said land amongst Fannie Brewer and Mary Ann Short one fifth each, and to Robert Short and John Short, each one fifth and one half of one fifth thereof in value of tract.

G. A. and J. P. Kirk Administrators of Mrs. V. E. Kirk, deceased presented an account of sale of the personal property which was ordered recorded.

I. N. Guthrie, Sr., Administrator of Lucius D. Taylor, deceased presented an inventory of the personal estate of deceased which was ordered recorded.

J. M. Durham, Administrator of J. L. Perry deceased, presented an account of sale of the personal property of intestate; Ordered recorded.

Page 81

J. A. Stratton, Guardian of S. K. and Charles B. Barnes, minor heirs of Saml Barnes presented an inventory of the property of said minors which was ordered recorded.

Final Settlement with F. M. Defrees, Guardian of Georgie Etta Harper formerly Georgie Defrees but married to S. A. Harper.  Amount paid to Georgie Harper and husband - $616. 58/100; Guardian released from liability as guardian.

Bills of Cost ordered recorded having been certified by the Circuit Court of Sumner County:
Names and cases listed.  
(Amts. are not listed.  There is no information on these cases. Details would be found in the Circuit Court Minutes.)
State of Tennessee vs. Bud Foster, Dave Summers
B. D. Bell, Atty. Gen.
Thos. H. King Clerk
W. E. Cantrell DS
J. M. Cantrell Shff.

Page 82
State of Tennessee vs. C. G. Jameson
B. D. Bell  Atty Gen
Thos. H. King Clerk
J. M. Cantrell Shff
A. H. McMurtry DS
A. H. McMurtry Wit.
James Suiter  Wit.
R. H. Cantrell  Wit.
J. Payne  Wit.
R. H. Wells  Wit.

State of Tennessee vs. Bailey Harrison
B. D. Bell  Atty Gen
Thos. H. King  Clerk
J. M. Cantrell Shff.
T. E. Moore  Shff
W. E. Chardwell Shff.
A. Allen Shff.
John Carney Wit.

State of Tennessee vs. John Cook Col'd.
Thos H. King Clerk
W. C. Dismukes JP
T. R. Love DS

State of Tennessee vs. Henry Clay Lyles, Abram Oglesby
B. D. Bell  Atty Gen
Thos. H King Clerk
J. M. Cantrell Shff.
W. E. Cantrell Shff.

Page 83

State of Tennessee vs. William Halloran
B. D. Bell Atty Gen
Thomas H. King Clerk
W. E. Cantrell Shff.
J. M. Cantrell Shff.
Sy Love Wit.
Jack Ward Wit.

State of Tennessee vs. Frank Bell col'd
Thos. H. King Clerk
W. C. Dismukes JP
T. R. Love D. S.

State of Tennessee vs. Frank McKinley
Thos. H. King, Clerk
W. C. Dismukes JP
T. R. Love DS

Page 84

State of Tennessee vs. Sam Baker col'd.
B. D. Bell Atty Gen
Thos. H. King Clerk
J. M Cantrell Sheriff

State of Tennessee vs. Ed Bryant col'd.
B. D. Bell Atty Gen.
Thos. H. King Clerk
J. M. Cantell Sheriff

State of Tennessee vs. G. W. Sarver
B. D. Bell Atty Gen.
Thos. H. King Clerk
J. M. Cantrell Sheriff

State of Tennessee vs. J. C. Clark
Thos. H. King Clerk
W. C. Dismukes J.P.
W. E. Cantrell D. Shff.

Officers for summoning witnesses before Grand Jury:
William Franklin, W. E. Cantrell, M. V. Troutt, W. C. Keen, W. W. Hutchison, J. M. Cantrell, Jerry Turner, W. J. White, H. A. Morris,

Page 85

Jo Sanders, J. P. Askew, A. H. McMurtry, Wm. Bentle, B. H. Defrees, J. G. Wynn, Larry Walker, B. H. Gillespie, J. A. Suddarth, J. S. Ramsey, W. M. Briggance, W. H. Brizendine.

Witnesses before Grand Jury:
W. D. J. Anderson, C. S. Alexander, A. V. Brown, J. L. Brown, J. A. Bandy, R. L. Basham, D. C. Callis, J. T. Carter, G. W. Chipman, W. B. Cockran, Rachiel Cage, C. D. Dunn, H. S. Dunn, J. G. Dunn, W. M. Dismukes, F. W. Durham, J. W. Ellis, Robt. Frazier, Same Fite, Jno. Freeland, David Garrett, H. C. Gowen, Jacob Gant, J. R. Gilliam, J. N. Haw,

Page 86

Elijah Hearn, John Hood, E. D. F. Hester, Peter Hale, Gran Haynes, M. B. Henley, C. L. Hassell, Blunt Hassell, J. J. Hassell, Walter Hassell, D. M. Jackson, Jno. L. Jones, W. B. Kirkpatrick, W. N. Link, James Martin, Dave McDonald, col'd., Arch Miller, col'd, T. H. Meadow, R. M. Pierce, A. D. Payne, Seaton Perdue, Seaton Robertson, Joseph Rayle, Rufus Shute, col'd, Jimmie Smith, col'd, R. E. Sanders, Peyton Smith, Jno. P. Watson, H. S. Wherry, T. W. Wright, Thos. B. Webb, E. L. Wise, W. A. Weisiger, Whit White, H. J. Wells, Beauty Young.

Page 87

Costs examined and ordered paid. (Amounts not included here)

State of Tennessee vs. W. B. Duval   U. S. Circuit Court
Clerk and sheriff fees listed.

State of Tennessee vs. R. M. Hester  U. S. Circuit Court
Clerk and marshall's fees listed

State of Tennessee vs. Jno. Creasey
N. Baxter Clk. Supreme Court
B. D. Bell Atty Gen.
Thomas H. King Clerk
J. M. Cantrell Sheff.
W. A. Escue D. Shff.
W. V. Trout D. Shff.
W. H. Durham D. Shff.
Wm. Harrison Witness for state
L. Harrison Witness for state
M. V. Trout Witness for state
G. A. Trout Witness for state
W. A. Escue Witness for state
W. G. Morris Witness for state
J. W. Harrison Witness for state
W. G. Harrison Witness for state
Eli Rippy Witness for state
D. M. S. Gilliam Witness for state

Page 88

W. R. Tomkins, et al vs. Mary V. Rayl et al
W. R. Tomkins, Administrator of Joel M. Tomkins dec'd, in compliance with court order turned over one diamond ring to the Clerk.  Diamond ring was advertised and struck off at public auction to Mary V. Rayl for $135.00, paid in cash.  W. R. Tomkins as Admin. & Guardian of Joel M. Tomkins, Sr. decd. was released and discharged from responsibility for said ring.  Clerk paid out the fund from sale of ring to W. R. Tomkins, Jno. A. Tomkins, Joe M. Tomkins, Jr. (or his Guardian), and Mary V. Rayl.

April 20, 1883

W. A. Chapman appointed Guardian of John F., Amanda E. and Sallie M. Chapman, minor heirs of Mildred Chapman, deceased.

Page 89

Chapman's sureties:  C. P. Wyllie and A. S. Wyllie.  Bond - five hundred dollars.

Mrs. S. E. Lane appointed Guardian of Edmonia, James W., Augustus Schell, Zach Green, and T. V. Allison, minor heirs of Elizabeth Allison, deceased.  Sureties:  Z. B. Lane and W. P. Wilson; bond of Sixty dollars.

April 28, 1883

Jo D. Turner appointed Administrator of Jno. F. Turner, deceased.  Sureties: S. F. Wilson and G. W. Chipman.  Bond amount - three thousand dollars.  Jo D. Turner qualified as guardian and issued Letters of Guardianship.

Thos. G. Moss, citizen of the 3rd Civil District, elected Notary Public at the April, 1882 session,

Page 90

appeared with his sureties, B. F. Allen and W. C. Dismukes and entered into a bond for five thousand dollars.

Final settlement with G. W. Chipman, Guardian of W. J. Chipman, who attained his majority.  Balance due W. J. Chipman of $547.25/100.  G. W. Chipman relieved of his trust.

W. R. Tomkins et al vs. Mary V. Rayl, et al.
Sale of lots and land belonging to Joel M. Tomkins, decd.  Residence (known as the Motley Lot) was purchased by W. R. Tomkins for $290.00.  Next offered was the Henderson Lot No. 2, purchased by Jno. A. Tomkins for $150.00.

Page 91

Ridge tract of land in three tracts as per the plat and these as a whole were purchased by John A. Tomkins (241 1/2acres) at $2.00/acre making $483.00.   Written authority given by W. R. Tomkins to the Court to make the title to Lot No. 3 of the Henderson Lots to D. B. Anderson instead of himself.  Court ordered D. B. Anderson to take up the two notes of deferred payments on Lot No. 3 and Anderson paid the notes.  Reported that J. A. Tomkins the purchaser of the Transmontania Lot paid the entire purchase money; W. R. Tomkins, the purchaser of the Henderson Lot opposite Dr. Woodson paid all the purchase money as recited (in the report of sale to wit one half:  he being the owner of the other half)  All the right, title, claim and interest which Joel M. Tomkins, Sr. decd. had or that Jno. A. Tomkins, Joel M. Tomkins, Jr., and Mary V. Rayl and husband Jos.

Pages 92 and 93

Rayl as his heirs at law have in to Lot No. one of the Henderson lots, in District 3, East of Corporation line of Gallatin, bounded North by Main Street or Scottsville Pike, East by a Street, South by a street, and West by a street or alley, containing some eight acres be vested in W. R. Tompkins.  W. R. Tomkins, having fully paid for the Motley lot (purchased from Willis Motley by J. M. Tomkins, recorded in Book 33, page 119) with the house on it, fronting on street in town of Gallatin, running North and South from Main Street to Winchester Street, be vested in him. John A. Tomkins,having paid all of the purchase money for the lot known as the Transmontania Academy Lot, (on East Main Street bounded on the North by Main Street, East by T. H. King, South by a street and West by a street in the Town of Gallatin) Lot No. 2 of the Henderson Lots, (lying East of the corporate limits of Gallatin, bounded North by a street, a prolongation of Broad street, East by a street, South by a continuation of Winchester Street and West by Buchanan and the lots of several others) containing 3 acres more or less, and the ridge tract of land (241 1/2 acres), lying in District No. 9 bounded on the North by Brazzell and Sam Elliott, South by Crowder, Prior and Lindsey, East by F. Elliott, and others, and West by the lands of the L & N RR, Elliott, and Wallace.  Lot No. 3 of the Henderson Lots (lying in Dist. 3, bounded on the North by Winchester Street, East by Mrs. Branch Donaldson, South by Mrs. D. M. Robb, West by Jo Parker & others, containing about four acres be vested in D. B. Anderson.

Page 94

Discussion of fees for Tomkins and Rayl lawyers.

Court adjourned until the 5th of May 1883.


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