Transcribed from TSL&A Microfilm Roll #51
Sumner County Clerk Minutes, Vol: January, 1853- April, 1866
Transcribed by Jan J. Barnes
State of Tennessee
Sumner County January Term 1861
The Honl. County Court of Sumner County met according to adjournment at the Court House in the town of Gallatin on the first Monday in January A. D. 1861, it being the 7th day of said month. Present Geo. W. Allen Judge etc.
Upon motion, John Belote is appointed overseer of the Road leading from Gallatin & Hartsville Turnpike Road in the direction of Hibbet's law yards with the hands heretofore assigned on said road.
William McMurray guardian of Julia Henley and Martha Henley, this day presented to the Court a statement exhibiting the amount of means that had come into his hand as guardian aforesaid. Was ordered to be recorded.
Ordered by the Court, the following Justices being present, and voting therefore to wit: J. D. Bennett, Thomas Stalker, J. W. Anthony, James R. Young, S. F. Schell, Thomas Gregory, James Alexander, James P. Taylor, High Joyner, W. H. Draper, James Crunk, James Taylor, Joseph Kirkpatrick, William Matthews, William Parker, William Dodd, B. N. Fleming, Geo. Trout, Patton Bell, Edward Duffer, John H. Turner; that the following Tax be assessed on the taxable property in Sumner County, for the support of the poor and county purposes for the year 1861, to wit: Seven cents on every hundred dollars worth of property, paying an ad valorem state tax, and that the tax on poles, privileges and other things be the same as last year. The same Justices being present and voting therefore, it was ordered by the Court, for the purpose of paying the interest upon the bonds, issued by the County of Sumner, to the Louisville and Nashville Rail Road, that there be assessed for the year 1861, a tax of twenty five cents in every hundred dollars worth of property, paying County and State tax; and that there be likewise levied and collected the same tax, on poles, privileges and other things that was levied for that purpose last year.
The same Justices as above being present, and voting therefor, it was
ordered by the Court that the Treasurer of Sumner County pay, upon the warrant
of the County Judge, the following amounts to the following persons, to
|To George Love, for waiting on Circuit Court 39 days||$58.50|
|To George Love, for waiting on Chancery Court 14 days||21.00|
|To George Love, for waiting on County Court 24 days||36.00|
|George Love boy to wait on Court House||$ 50.00|
|George Love ex officio services for 1860||50.00|
|George Love lock and candles for Court House||3.50|
|George Love cost in state cases||15.50|
|John L. Bugg ex officio for 1860||50.00|
|A. B. Dinning holding three elections||7.80|
|John C. Lovell summoning Jury of view||1.00|
|John C. Lovell holding pres. election||2.36|
|Joyner & Co. two pr. blankets for jail||6.00|
|Schell & Blakemore glass and putty for Court House||4.15|
|John H. Lattimer holding election||1.60|
|F. W. Thorp four pauper coffins||3.50|
|J. C. Armstrong||5.00|
|Lee Dunn shroud for pauper||3.50|
|D. P. Hart cost in state cases||309.31|
|S. McKoin cost in state cases||13.50|
|A. H. Guthrie cost in state cases||5.75|
|Henry Dobbins wood for Court House||20.00|
|W. A. Lauderdale holding 2 inquests||10.00|
|Dr. Davis services before jury of inquest||5.00|
|W. A. Lauderdale holding election as coroner||25.00|
|Cooper & Co. pauper coffin for L. Duffer||5.00|
|David Johnson holding election||1.00|
|Wm Parker Services holding Quorum Court||20.00|
|J. P. Taylor Services holding Quorum Court||20.00|
|L. B. Moncrief holding 3 elections||6.12|
|J. A. Coniers holding 1 election||2.38|
|R. M. White holding 2 elections||4.24|
|J. H. Malone articles for Court House||19.35|
|C. Lewis provisions furnished pauper||3.00|
|Commissioners of Poor House for the use of Martha
|Commissioners of Poor House for the use of B. Brown||30.00|
|Commissioners of Poor House for the use of E. Borders||20.00|
G. B. Wright Revenue Collector for Sumner County this day exhibited to the Court a Statement showing errors over charges and insolvencies in the State Tax assess? for said County for the year 1860 amounting to the sum of Two hundred and fifty dollars and the Court being satisfied of the correctness of the statement he is hereby decreed to have a credit for said $250 in the settlement with the Comptroller.
David Johnson was this day duly elected census taker for the County of Sumner under provision of the act for Sumner.
Thomas Puryear was this day duly elected collector of the Railroad tax for the County of Sumner for the year 1861.
Ordered by the Court, a majority of the magistrates being present and assenting thereto, that George W. Allen, in whose hands there will be during the present year certain railroad funds, heretofore directed to be vested in the bonds of Sumner County, be and he is hereby authorized, should it hereafter appear that the railroad tax levied for the present prove insufficient to pay off the interest of the County bonds, that he apply a sufficiency of said funds to meet said deficiency, and save the credit of the County and to preserve the same from unnecessary and heavy expenses.
J. H. Angel this day produced to the Count an inventory and account of the sales of Wylie Bracken dec'd which was received by the Court in order to be recorded
William McMurry together with John J. Hibbet and William Parker this day appeared in Open Court and renewed his bond as guardian of Martha and Julia Henley, in the sum of Forty thousand dollars conditioned as the law directs.
Bushrod W. Thompson together with Joseph Harlin his security this day appeared in Open Court and renewed his bond as guardian of Agnes, Isaac and John Walsh in the sum of forty five hundred dollars conditioned as the law directs.
Ordered by the Court that Robert B. Douglass be appointed guardian of Virginia M., Henry L., Mary A., Eliza A. and Martha B. Abston, and thereupon the said Robert B. Douglass together with Charles E. Boddie and A. G. Douglass, his securities, appeared in Open Court and entered into and acknowledged their bond to the state of Tennessee in the sum of fifteen thousand dollars conditioned as the law directs.
Ordered by the Court that William G. Pond be appointed Guardian of John H., Nancy J., Docia T. and Amanda Thornton, and thereupon the said W. G. Pond together with Richard Pond and R. G. Thornton, his securities, appeared in Open Court and entered into and acknowledged their bond to the state of Tennessee in the sum of six hundred dollars conditioned as the law directs.
Ordered by the Court that James J. Turner be appointed guardian of William Henley; and thereupon the said James J. Turner together with John H. Turner and A. G. Douglass, his securities, appeared in Open Court and entered into and acknowledged their bond to the state of Tennessee in the sum of eight thousand dollars conditioned as the law directs.
Ordered by the Court that Alexander Matthews be appointed guardian of Margaret J., Martha E., and Eliza T. Matthews; and thereupon the said Alexander Matthews together with Wm. H. McGinnis and Harvey Shannon, his securities, appeared in open Court and entered into and acknowledged their bond to the state of Tennessee in the sum of Twenty five hundred dollars conditioned as the law directs.
Ordered by the Court that W. S. Scoggins be appointed guardian of John W., Alice, Caroline and Marcus Robertson, and thereupon the said W. S. Scoggins together with J. T. Bunton and W. F. Andrews, his securities, appeared in open Court and entered into and acknowledged their bond to the state of Tennessee in the sum of four hundred dollars conditioned as the law directs.
Ordered by the Court that W. B. Rice be appointed administrator of Thomas J. Jones; and thereupon the said W. B. Rice appeared together with Joseph H. Gilmore, his security, in open Court and entered into and acknowledged their bond to the state of Tennessee in the sum of Five hundred dollars, and was duly qualified as Administrator.
Ordered by the Court that W. T. Saunders be appointed Administrator of Mary Saunders; and thereupon the said W. T. Saunders together with J. H. Gilmore his security, appeared in open Court and entered into and acknowledged their bond to the state of Tennessee in the sum of seven hundred dollars, and was duly qualified as Administrator.
The last will and testament of James Saunders deceased was this day produced in open Court for probate and was duly proved by the oaths of J. R. Cary and T. Horsely, the subscribing witnesses thereto and is ordered to be recorded, and thereupon Richard C. Saunders, the executor named in said will together with H. F. Andrews and Edward Lewis the securities, appeared in Open Court and entered into and acknowledged their bond to the state in the sum of Twelve Thousand dollars. And the said Richard C. Saunders was duly qualified as Executor.
The Jury heretofore appointed to report upon the propriety to change that
part of the road leading from the ford on the creek below Shackle Island,
William Hutchinson's old house, this day made the following report to wit:
The undersigned freeholders, having been summoned by the Sheriff of Sumner County and duly sworn as a jury of review to lay out the road described in the annexed order, have proceeded to perform the duty assigned them and do agree upon and make the following report to wit: The said road shall begin at the ford of the creek below Shackle Island and running along the foot of the hill to near the mouth of the branch above the house that S. McKoin now lives in. They have thus laid out said road to the greatest advantage of the inhabitants and as little as may be to the prejudice of enclosures to the best of their knowledge and skill.
All which they respectfully submit to the consideration of the worshipful Court! This 13th day of December 1860.
Jefferson T. Montgomery (Seal)
James Watkins (Seal)
John E. Turner (Seal)
F. A. Taylor (Seal)
L. M. Perry (Seal)
Which report being unexcepted to, a competent Court being present, is confirmed and the change in said road as recommended in said report is hereby ordered.
It is ordered by the Court that Reubin Satterfield and Jno. D. Bass have the privilege to put up a gate on the road leading from Hartsville in District No. 1 Sumner Cty. to James Puryear's ferry; the gate to be a large one so as not to obstruct the road.
Ordered by the Court, a competent Court being present, that B. H. Brackin be appointed overseer on the road leading from the Scottsville and Gallatin road to the Turnpike at Martin's gate commencing at the middle Fork and ending at Martin's gate and that the hands and the lands of William Graves, Verty Brackins, Alfred Graves, Bird Troutts, Benjamin Maberry, George Graves, Michael Graves, Willis Shelton, Anderson Rippy, and Richmond Heath, work said road.
Ordered by the Court a competent Court being present that J. W. Durham be appointed overseer on the road leading from the Nashville and Scottsville road intersecting the Bowling Green road near the Kentucky line, Beginning at the Gallatin road and ending at the Kentucky line and that the hands of Matterson Dinning, Price Lambert, John Lambert, King Witte, Jefferson Borders, Pasley Graves, M. V. Dowel, Elvin Dowel, B. P.
Brackin, Aaron Carrh,Wright work said road.
Ordered by the Court, a competent court being present, that C. A. Peddicord be appointed as overseer on the old stage road leading from Gallatin to Scottsville, beginning at the ford of the Sulphur fork creek and ending at the fork of the road near Fairfield church and that he have the hands and the lands of Wm. W. Ascew; Wm. J. Flemming, John Tucker, Ammon Mattox, Mary Sarver, William Keen, S. P. Hodges, A. G. Sarver, Jackson Bradly, Robert Anglea, George Anglea, John Bracken and Elvis Bracken, to work on the same.
Ordered by the Court, a competent Court being present, that Christopher Huffines be appointed overseer on the old Nashville road, beginning at the middle fork and ending where the road intersects the road leading to New Roe, and that the hands and the lands of E. Duffer, Jeremiah Sarver Jr., Preston Tucker, John Durham, Matterson Dinning, Marshel House, James House, Phillis Maberry, S. R. Boorin, John Charlton, Andy McDale, Widow Hills, and Henry House, to work on the same.
Ordered by the Court a competent Court being present, that Wiley Graves be appointed overseer on the Gallatin and Scottsville road commencing at the Kentucky line and that the hands on the lands of William Angel, James Angel, Alfred Cline, Widow Borders, George Bell, Henry Graves, Jesse Border, Reems Abshens, be worked on the same.
Ordered by the Court a competent Court being present, that D. W. Barber be appointed overseer on the road leading from Cany fork creek to Craffords and the hands of James Shanklin, Eli B. Meddor, A. B. Mattox, John Barber, Jacob and Henry Gaut, Eli Perdue, Mark Perdue to work on the same.
Ordered by the Court, a competent Court being present that J. N. Cartwright be appointed overseer on the road over which N. H. Stone was formerly overseer and the hands of Jo. M. Robb, John Chambers, J. W. Cartwright, J. A. Blackmore, H. A. Parrish; Frances Yourie, Mrs. Mary Calgy, W. B. Bate, Raymond Head, Mary Yourie and John Parker to work on said road.
Ordered by the Court, a competent Court being present, that John Baker be appointed overseer of the road from Balche's on the Franklin road and ceeding on the top of the ridge, and that he have the hands of Alfred Balch, William Balch, Alex Stone, H. Duke, Alex Ventress, Henderson Vaughan, Henry Garrett, Thomas C. Douglass, John Baker, Y. N. Douglass, Wm. Renfro, Bob May, Dock Ryan, Charles &
Henry Brazell, Mr. Patterson, Edward Forester, Wylie Brazell, Ed Jones & Z. W. Baker to work said road.
Ordered by the Court, a competent Court being present, that Thomas Miller be appointed overseer of the road commencing at the Pike at Jno. F. Cages and leading to Bender's Ferry, and that he have the hands residing on the lands of H. F. Anderson, Jno. F. Cage, R. Gillespie, John Soper, Burdy Bender, Burnice Bender, B. W. Ferrell, H. S. White, John A. Vaughan, B. F. Ferrell and Thomas Miller to work on said road.
Ordered by the Court, a competent Court being present that Carson Dobbins, C. N. Blackmore, Lee Huffman, Sam McGee, Joseph B. Wallace and F. B. Moore or any five of them be appointed a jury to view and report upon the propriety of establishing a road beginning at the South Tunnel station and running Northeast so as to intersect the old Russelville road, and follow said road to the end of the Pike on the ridge in Dobbins' gap. They will report to the next quarterly term of this Court.
This day the commissioners appointed at a previous term of this Court; To wit: D. W. Mentlow, H. W. Robb and J. B. Jameson to lay off a years provision to Mrs. Barton, widow of John Barton, presented in Open Court the following Report, which is in the words and figures following, to wit: We the Commissioners J. B. Jamison, Harvey Robb & D. W. Mentlo, appointed by the Honorable County Court of Sumner, state of Tennessee, for the purpose of allowing to the widow of John Barton dec'd, one year's provisions, do make and set apart the following article viz: 500 pounds of pork, 2 barrels of corn, 2 barrels of flour, 50 pounds of brown sugar, 25 pounds of loaf sugar, 30 pounds of Rio coffee; one barrel of salt, one pound black pepper, two gallons of vinegar, two pounds of soda; 52 pounds of washing soap, 100 pounds of beef and ten pounds of rice. All of which we submit to the honorable Court. This 13th November 1860.
D. W. Mentlo
H. W. Robb
J. B. Jamison
which being unexcepted is in all things confirmed; and the administrator is hereby ordered to furnish said widow said articles or pay over to her the value of them to her hands.
The Jury heretofore appointed to view and report upon the propriety of
changing the road at the point where it crosses the railroad at Mitchelsville
depot this day made the following report to wit: We the undersigned
commissioners have this day viewed the premises herein described, and hereby
report the change of the old so as to place it upon a new cut road running
direct through said town; provided said road shall be first put in good traveling
which being unexcepted to, a competent Court present, the change in said road as recommended is hereby ordered.
The Jury heretofore appointed to view and report upon the propriety of
changing the road running up Dry Fork on the land of R. C. Ellis, commencing
at the mouth of the branch on Dry Fork running up the creek until it strikes
the ford near Lewis Green's, this day made the following report, viz: We
the undersigned commissioners report that we met upon the premises and changed
the road or laid out the same according to the within order and report the
change makes it a good road; and it is not against the interest of the public,
and it is to the benefit of R. C. Ellis. December 1860.
Lewis A. Green
John M. Wright
which report being unexcepted to the change in said road, as recommended is hereby ordered.
Ordered by the Court, a competent Court being present, that George T. Brown, Charles Malone, W. D. Austin, D. P. Burnes, S. H. Rickman be appointed a jury of view to report upon the propriety of changing the road from Buckeye School House to W. D. Austin's near the Macon County line. They will make their report to the next quarterly term of this Court.
Ordered by the Court, a competent Court being present, that the following persons be appointed to take a list of taxable property in Sumner County for the year 1861, to wit: District No. 1, Thomas Stalker, No. 2, John Badget, No. 3, J. R. Young, No. 4, John Patterson Jr., No. 5, Thomas Gregory, No. 6, James Alexander, No. 7, Hugh Joyner, No. 8 James Crunk, No. 9 Hugh Kirkpatrick, No. 10 Joseph Kirkpatrick, No. 11 William Matthews, No. 12 Wm. Dodd, No. 13 R. B. Durham, No. 14 C. W. Bonner, No. 15, George Trout, No. 16 B. J. Newal, No. 17 E. H. C. Sarver, No. 18 Jno. H. Turner, No. 19 Thomas Bunton.
Ordered by the Court, that the collector of the state and county tax, allow Lewis Green a credit of $1.40 on state tax for 1860 and 60 cents on his county tax.
Ordered by the Court that the Railroad tax collector allow Lewis Green a credit of $4.60 on his railroad tax for 1860.
John D. Allen & Others vs. Ella Allen
In this case, it appearing that the defendant Ella Allen is a minor, without regular guardian, etc. a process having been regularly served upon her. W. S. Munday was appointed guardian ad litem for said Ella Allen. Whereupon said Munday appeared in Open Court and accepted said appointment.
J. D. Allen & Others vs. Ella Allen
To the County Court.
The undersigned appointed commissioners to partition the negroes mentioned in the pleadings among the parties, have discharged that duty by assigning to John D. Allen, John and Letty; to Mrs. Kate Prince, Kate; to Mrs. Leatitia Cantrell, Rachel and Peggy; to Ella Allen, Cynthia and Frank. All of which is respectfully submitted.
S. M. Blythe
John G. Turner
Thos. G. Moss
which being unexcepted to is in all things confirmed. It is therefore decreed by the Court that the title to the slaves Letty and John be divested out of the other parties and be vested in John D. Allen. And that the title to the slave Kate be divested out of the other parties and be vested in Mrs. Kate Prince, to her sole and separate use free from the control or liabilities of her present or any future husband, she having power to dispose of said slave by will or in any
other way that she may think proper; and it is decreed that the title to Rachel and Peggy be divested out of the other parties and be vested in Mrs. Leatitia Cantrell to her sole and separate use free from the control or liabilities of her present or any future husband, and that she has power to dispose of said slaves by will or in any way that she may please. And it is decreed that the title to the slaves Cynthia and Frank be divested out of the other parties and be vested in Ella Allen to her sole and separate use, free from the debts, control or liabilities of any future husband that she may marry; and that she has power to dispose of said slaves by will or in any other way that she may please. It having appeared to the Court that no settlement had been made upon the above named married women; and that their husbands were before the Court and agreed that the title to the above slaves should be vested as above set forth.
The Commissioners heretofore appointed to lay off to Mary Ann C. Abston
widow of Merry C. Abston dec'd one year support out of the estate of her
deceased husband, this day made the following report.
We the undersigned commissioners appointed at the Decr. Term of the worshipful County Court of Sumner County to set apart to Mary Ann Abston, widow of Merry C. Abston dec'd, one year's allowance for self and family, after having been first sworn to set apart the following to wit: 175 bbls. corn; 4000 pounds pork, 1 large beef steer, and one smaller supposed to weigh 1500 lbs., 12 bbls. flour, 1000 lbs sugar, 1 bbl molasses, 300 lbs. coffee, 5 lb. imp. Tea, 4 kit mackerel, 50 lbs Alspice, 25 lbs. rice, 1 bbl. crushes sugar, 6 boxes candles, 30 lbs. soda, 2 bbls. soap, 1 box toilet soap, 50 lb. starch, 1 bbl. vinegar, $5.00 worth mustard, 5 bbls. salt, 50 lbs. table salt, 2 bbls. lard, all the poultry and vegetables, all the fodder, 3 stacks hay, all the shock fodder on hand, $20.00 wines & Liquors, $10.00 cheese, $10.00 raisins, almonds, nuts & $6. 4 mutton. Given under our hands and seals this Decr. 17th 1860.
James L. McKoin (Seal)
Jno. W. Franklin (Seal)
Thomas Miller (Seal)
James Alexander (Seal)
which being unexcepted to is in all things confirmed.
Mary A. Abston, Charles C. Abston, Frances L. Bostick & husband, James
C. Ann E. Cantrell & husband John M., Jane C. Abston, Sarah D. Abston
and Virginia M., Henry L., Mary A., Eliza L., and Martha D. Abston, the last
five minors by their regular guardian Robert B. Douglass. Ex parte.
This cause came on to be heard before Judge Allen Jany.
7, 1861, when it satisfactorily appeared to the Court that M. C. Abston departed this life intestate leaving the petitioners his widow and heirs at law. And further appearing to the Court that the deceased was possessed and seized of some five hundred acres of land in one body and that the widow Mary A. is desirous of having dower assigned and that the other heirs desire the land divided, and that the five adults desire their part of said land laid off in one body. It is therefore ordered, adjudged and decreed by the Court that the following commissioners be appointed to meet upon the premises and set aside the widow her dower interest and divide the remainder of the land into two equal shares if practicable assigning one half to the adults and the other half to the minors. If the land after the dower is assigned cannot be divided into two equal shares without injury to the parties they will divide the same into ten equal shares. The Court appoints Joseph B. Wallace as special surveyor to run out the land, and J. N. Guthrie, Jas. Alexander, Tom Miller & Burnace Bender as commissioners, any three to act; they will report to the next term.
Y. N. Douglass et als. vs. H. C. Cook & others
In this cause it appearing that Mattie Farmer is a minor without regular guardian and that legal process has been served upon - it is ordered that W. S. Munday be appointed guardian ad litem for said minor, whereupon W. S. Munday appeared in Open Court and accepted said appointment.
Inquisition of lunacy at to William Hutchison.
This cause came on to be heard before his honor George W. Allen on the 7th day of January 1861, when it appeared that at a former term of the Court it was suggested to this Court that William Hutchison a person living within Sumner County Tenn was a lunatic without any guardian, and it further appearing that the sheriff was ordered to summons a jury to inquire into his said lunacy and the amount of his estate, and the jury having been summoned met on the 13th of December 1860 and after having borne proof as to said Hutchison's lunacy and property have made the following report, viz:
The undersigned freeholders of Sumner County having been duly summoned and sworn as a jury to inquire into the mental condition of William W. Hutchison after diligently investigating the matter do find that the said Wm. W. Hutchison is a lunatic and utterly incapable of managing his own
affairs with the safety to himself and others and has been so since June
1859 and is at this time an inmate of the Tennessee Asylum for the insane.
We also find that the said William W. Hutchison has a wife and five
children. To wit: Margaret Hutchison 32 years, Sary Ann 8, Wm.
W. 6, Harry S., 5; Isaac W. 2, and F. J. Hutchison 1 year old. We also
find that the said Wm. W. Hutchison has about 325 acres of land, about 160
acres cleared, worth about $1 per acre per year. Also the following
slaves, to wit; Albert 50 years, old Jacob 31, John 24, Ransom 35, Milly
36, Sophia 40, Puss 16, Judy 15, Joseph 12, Sam 18, Angeline 10, Charles
9, Robert 7, Richard 5, Tennessee 2, and Jim 35, worth about $800 per year.
We also find that the said Hutchison has a stock of horses, cattle,
hogs, and property annually kept in a farm. There is also to the amount
of $1800 worth of cash, notes, & accts. We also find that the said
Hutchison has not disposed of any of his property since the 1st June 1859.
All of which is respectfully submitted, this the 13th December 1860.
A. G. Dugger
G. W. Boone
L. W. Perry
F. A. Taylor
James K. Taylor
Jefferson T. Montgomery
which being seen and understood by the Court is in all things confirmed, and the same is made the decree of this Court and he is declared a lunatic and entirely incapable of managing his property or contracting; and that a guardian should be appointed for said William Hutchison and thereas and thereupon the court was pleased to appoint F. E. P. Shannon as guardian for said lunatic to take charge of and manage his said estate; and thereupon came into open court said F. E. P. Shannon together with Harvey Shannon, A. Matthews and W. H. McGinnis, his securities, who acknowledged their bond in the sum of twenty thousand dollars payable to the state of Tennessee, conditioned as the law directs for guardian.
The costs of this cause will be paid by the guardian out of any moneys coming into his hands.
Court adjourned to meet Tuesday morning the 8th at 9 o'clock A. M.
Geo. W. Allen
Court met according to adjournment Tuesday morning January the 8th at 9 o'clock A. M., present George W. Allen Judge etc.
Y. N. Douglass et als. vs. H. C. Cook et als.
This cause coming on to be heard on the bill and answers, and it appearing to the court that complainants and Deft. Mattie Farmer, are entitled to equal shares in the slaves described in the bill, Y. N. Douglass having purchased H. C. Cook's interest. It is therefore ordered that James L. McKoin, James House, and John Baker divide said slaves into four equal parts and allot to each of the parties entitled of said parts, and report their allotment to this term of the Court.
Y. N. Douglass et als vs. H. C. Cook et als. This cause came on
to be finally heard on the report of the commissioners which is as follows:
Y. N. Douglass et als. vs. H. C. Cook et als - Report of commissioners.
To the County Court.
The undersigned appointed commissioners to partition the slaves mentioned in the pleadings among the parties have divided the slaves into four lots viz:
|Lot No. 1||Henry aged 45 years value
Arter aged 17 years value
|Lot No. 2||Mary age 35 years value
Jim age 2 years value
Ned age 15 1/2 value
|Lot No. 3||Caroline age 17 value
Coleman age 8 value
Fanny age 6 value
|Lot No. 4||Howard age 12 1/2 value
Hasty age 10 value
Jason age 4 value
Each lot being equal in value, when they were assigned by lot, Lot no.
1 was assigned to Y. N. Douglass; Lot No. 2 to E. D. WAlker & wife; Lot
No. 3 was assigned to Marcus Cook and Lot No. 4 to Mattie Farmer.
Jas. L. McKoin
which report being unexcepted to, 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 or her; the title of Mrs. Mary Catharine Walker to the share allotted to her is vested in her to her sole and separate use free from the control or liabilities of her present or any future husband; and the title of mattie Farmer to the share allotted to her is vested in her to her sole and separate use free from control and liabilities of any future husband, it appearing to the Court that this was in conformity to the will of James Douglas dec'd., from whom said parties derive their title to said negroes. It is decreed further that the parties pay the costs of this proceeding; for which let execution issue.
Aaron S. Simpson et als
Be it remembered that the above cause coming January 1861, before Hon. George W. Allen, Judge, upon the petition in the cause. And it appearing to the satisfaction of the Court that Enoch Simpson departed this life in the month of August last, without will, leaving the Petitioner, Martha J. Simpson, his widow and the other petitioner his heirs at law, and that at the time of his death he was possessed of the tracts of land mentioned in the petition, and minutely set forth and described in the exhibits made in the petition, amounting in all to twelve hundred, nine and three quarter acres, which descended to his heirs at law, the petitioners upon the death of the intestate subject to the right of dower of the widow, Martha J. Simpson, that said dower has not yet been assigned her, but that she is now entitled to have the same allotted her in conformity with law and that after said dower is assigned, the other petitioners and entitled to partition of the remainder of said lands.
It is therefore ordered, adjudged and decreed by the Court that dower in said lands be assigned to the said Martha J. Simpson and that the remainder of the lands be divided between the other petitioners as they are respectively entitled by law. It is further ordered that N. B. Harrison, the county surveyor, James Gwin and E. D. H. Reddick be appointed commissioners, who after being qualified will proceed to allot and assign to the widow, Martha J. Simpson one third in value of the whole of said lands, including the late dwelling or mansion house of the intestate. After which they will proceed to making partition of the remainder of said lands between the other petitioners, by allotting to the petitioners Aaron S. Simpson, William C. Simpson, Mary Ann Johnson, Nancy West, Thomas B. Simpson, Penelop E. Simpson, M. F. Simpson, Joseph Simpson each one tenth in value of the whole remainder of said lands, and one tenth thereof
to Amanda F. West, Sarah A. West, Emily J. West and John W. West in common and one tenth thereof to Sarah Stewart and Amanda Stewart in common. The commissioners will, if any the parties desire it, provided the same can be done without doing injustice to the other parties, in allotting said interest do the same so as to throw their lots together, this is not to be done however if it should work injustice or injury to any of the other parties. They will make their report to the next term of the Court, until which time all other matters are reserved.
Mary E. Brown vs. Wm. C. Moore, Adm. of Phil Brown dec'd et als.
On the petition of the plff. it appearing that Philip Brown died on the ___(left blank) day of Feby. 1857 seized in fee of a tract of three hundred & 42 acres of land, lying on the West Station Camp Creek, in Sumner County, on which he resided at the time of his death; it appearing further that the plff was his lawful wife & is entitled to dower in said land, it appearing also that the plff had given the defendants Wm. C. Moore Adm. of sd. estate & Wm., Philip Jr., John B., Benjamin and Tul Brown, the only heirs of said deceased, five days notice of this application; it is therefore ordered by the Court that James Soper & James Alexander freeholders of sd. county be appointed commissioners in conjunction with N. B. Harrison, the county surveyor of sd. county, to allot and set off to the plff. the one third part in value of sd. land for her dower, and report to the next term of this Court.
John L. Bugg, Clerk of the County Court of Sumner County, this day presented to the Court the following settlements made by him as clerk aforesaid to wit; one with H. B. Vaughan as Treasurer of Transmontania Academy; one with D. L. Goodall as guardian of Tabitha C. Winston; one with Simpson C. Brown as guardian of William G. and Nancy E. Bennett; one with W. C. Moore as administrator of Philip Brown, all of which are confirmed by the court and ordered to be recorded.
An Inventory and account of sales of the personal estate of Mary Martin and James Howson was this day returned into open Court by the respective administrators and ordered to be recorded.
Eli G. McKoin, guardian of Ann M., Cynthia J., Amanda L. and Susan L. S. McKoin this day returned into open Court a statement, showing the assets that has come
into his hands as guardian aforesaid, and was ordered to be recorded.
Court adjourned until tomorrow morning 9 o'clock.
Geo. W. Allen
Wednesday morning, Jany. 9th 1860 (1861) Present
Hon Geo. W. Allen Judge etc.
Wm. H. Blackmore, who was appointed Trustee under the conveyance made by James A. Blackmore on the 3rd day of November 1859 for the purpose of securing the payment of debts therein mentioned to Eli Perdue, having never accepted said appointment and having also appeared in open court and resigned his nomination under said conveyance, which is accepted by the said Eli Perdue, the beneficiary under said deed all of which is allowed by the Court. And it is therefore ordered by the Court that John Roney be appointed Trustee in the name and stead of the said Wm. H. Blackmore, with all the powers and authorities conferred upon the said Blackmore for the execution of said trust. It is further ordered that the title of the property mentioned in said conveyance is divested out of the said Wm. H. Blackmore and vested in the said John Roney for the trusts and purposes mentioned in the deed. The said John Roney will give bond and qualify as Trustee in conformity with law, be proceeding in the execution of said trust. The said Eli Perdue will pay the costs of this proceeding for which fi fee may issue.
James W. Guthrie et als.
Be it remembered that the above cause coming on the hearing at the present term of this Court, was heard on this 9th day of January 1861 before Judge Allen, upon the pleadings in the cause and the report of the commissioners, to wit, "To Hon. George W. Allen, Judge etc. of the County Court of Sumner, after being sworn we make the following report of the division of the slaves between the children of Thomas H. Johnson. Frank 65 years old at $300. Dina 45 years at $500. William age five years at $600. Fred age three years $400. Betty 5 years at extra fancy at $600 making $2400 excess over and above their share of $200. Those negroes assigned to Mrs. J. W. Guthrie
Marshall 18 years $1000 - Mariah 16 years $900. Cash to equalize share $300 - all making $2200 - These negroes assigned to Catharine Johnson. Judy 21 years at $1000. James aged 14 years at $900 and Anna 3 years old $400 making $2300. This lot is charged with $100 in or to equalize. Those negros are assigned to Mrs. H. H. Hardy. We the following commissioners make the above report this 27th December 1860.
Jos. M. Robb
which being unexcepted to is in all things confirmed by the Court but owing to the fact that the oldest child of the said Thomas
H. Johnson has not yet attained her majority, the time at which under the will of Mary B. Weaver said slaves were to be divided, the court orders that no divestures and vestures of title be made until the petitioner Mary Guthrie arrives at the age of twenty one years, when if parties stand in the same relation to each other vesture of title will be made according to said division. It is further ordered that upon the parties entering into bond in double the amount of the value of this respective shares of said slaves, conditioned to return said slaves to this Court in the event any of said parties should die or otherwise change their conditions so as to change the right of the parties under said will at the time when the said Mary Guthrie shall arrive at the age of twenty one years, said slaves will be delivered over to the parties in conformity with said division. But it is further ordered that the petitioner, Thos. H. Johnson, the guardian of the said Kate Johnson must produce a properly certified copy of his appointment by this proper authority of the state of Mississippi before the slaves assigned his ward are delivered to him. The Petitioners will pay the costs of this proceeding.
Court adjourned until tomorrow morning 9 o'clock.
Geo. W. Allen
Thursday morning January the 10th 1861
Court met according to adjournment present G. W. Allen Judge
Sarah White & others vs. Thos. Key & others
In this cause it appearing that Nancy Ann Key, Thos. Key, Lucinda Key, Mary D. West, John O. McNeil and Sarah McNeil are minors without regular Guardian and that process has been regularly served upon, it is ordered that B. F. Allen be appointed Guardian ad litem for said minors, and thereupon said Allen appeared in Open Court and accepted said appointment.
Sarah White and others vs. Thomas Key and others
Be it remembered that this cause came on to be heard before Judge Allen upon this 10th of Jany 1861 and it appearing that process has been regularly served upon Nancy Carter and Amanda Key and that legal publication had been made in the Examiner a newspaper published in the town of Gallatin as to Mahala Bledsoe Jefferson Bledsoe James Holloway
Mildred Holloway, John White and Nelson White non resident defendants and all of said defendants had failed to plead answer or demur to complainants bill during the first three days of the Term said bill is taken for confessed against said defendants and set for hearing Exparte as to them.
Sarah White et als vs. Thos. Key et als - Decree
Be it remembered that this cause came on for final hearing before Judge Allen on this 10th day of Jany 1861 upon the pleadings and former orders in this cause and the report of the clerk of this court to whom the prayers of the complts. for the sale of the slaves mentioned in the petition so as refined and proof in this cause from all which it appears the satisfactorily that Thos. White died intestate in Sumner County in 1859 leaving ten heirs consisting of children & their representatives and leaving seven slaves the same mentioned in the pleadings and the debts of the intestate are paid by the Administrator. It further appears that five of said slaves are very old and are constantly depreciating in value and would soon be an incumbrance. It further appears that two of said slaves viz, Fountain & Judah are man and wife and should be sold together at a premium price of not less than $500. Rachel at $50. John at $400. Ned $500. Jack $800 and Caroline at $800 on a credit of twelve of 12 months except $100 to be paid in cash. It is therefore decreed by the Court that the Clerk of this Court as special commissioner after giving legal notice will proceed to sell said slaves on the premises of said Thos. White dec'd on the above terms. He will sell the old negroe man Fountain and his wife Judah together at the above minimum. The Clerk will report the sale to the next term of the Court.
It appearing to the Court that a sale of the negro woman Mary and three children made by the Clerk of this Court on the 31st day of December 1859 by a decree of the Court that W. H. Hail became the purchaser and executed his note to the Clerk for the use of the parties in part pay for said negroes for $1918 due in twelve months and dated the 31st December 1859 upon which note S. S. Harris & R. Averett are the securities, and further appearing to the Court that said note is unpaid and is now due. It is therefore considered by the Court that John L. Bugg commissioner for the use of the parties recover of the said W. H. Hail & S. S. Harris & R. Averett his securities on said note the sum of $1918 together with $4.75 interest on the same a/c to this time amounting together to the sum of $1922.75 and the cost of this Judgment for which execution may issue.
Court adjourned until tomorrow morning 9 o'clock.
Geo. W. Allen
Friday morning January 11th 1861
Court met according to adjournment present Geo. W. Allen Judge. There being no business before the Court, Court adjourned until Monday morning 9 o'clock.
Geo. W. Allen
Monday morning Jany 14th 1861
Court met pursuant to adjournment, present George W. Allen, Judge etc.
A. S. Simpson vs. Martha J. Simpson et als
In the cause a reference is made to the Clerk to take proof and report what fee should be allowed W. S. Munday attorney of Petitioners for obtaining decrees for division of slaves. He will report to the present term of the Court.
There being no further business before the Court, Court adjourned until
Geo. W. Allen
R. E. Johnson & A. S. Simpson Admr. vs. Martha J. Simpson and others
Be it remembered that the above cause coming on again to be heard at the present Term of the Court was heard on the 7th day of January 1861 before the Hon'l Geo. W. Allen Judge etc. upon the pleadings in the cause and the report of the Commissioners making division of the slaves which is in words and figures following (to wit)
Johnson & Simpson Admrs. of E. Simpson de'cd vs. Martha J. Simpson & others In pursuance of the interlocutory decree of the Sumner County Court in the above cause we have proceeded to divide the slaves belonging to said Estate, and report the following as the result of said partition, We value the slaves and place the same in eleven shares. Lot No. 1 Anthony valued at $1000. Lot No. 3 Horrace valued at $800. Lot No. 6 Harriett & child Dicy valued at $1000. Lot No. 7 Abigail Jesse & Doc valued at $1075. Lot No. 8 Rilla Alfred & Caroline valued at $1050 making in all lots said five lots of $4925.00 and said five shares were assigned to the Widow Martha J. and her four minor children Thos. B., P. E., M. F. and Joseph R. Lot No 2 Stephen valued at $900, was assigned to Mary Ann Johnson. Lot No. 4 Jim valued at $800 was assigned to Sarah and Amanda Stewart. Lot No. 5 Sally & old Habry valued at $850, were assigned to Amanda F., Sarah A., Emily J. and John W. West. Lot No 9 Mary & Johnny valued at $1050 drawn by A. S. Simpson. Lot No. 10 Charity & Son valued at $1000 assigned W. C. Simpson and Lot No. 11 Manerva & Emeline valued at $1025 assigned to Nancy E. West the whole being valued at $10550.00 all of which is respectfully submitted Decr 1st 1860.
William Parker (Seal)
James M. Whitesides (Seal)
David Chenault (Seal)
which being unexcepted to is in all things confirmed by the Court. It is therefore ordered adjudged and decreed by the Court that all the right title and interest of the heirs and representatives of Enoch Simpson in and to said slaves be and the same is hereby divested out of them and vested in the parties to whom they are assigned by said report and in the manner therein set forth; the boy Stephen assigned to Mrs. Mary Ann Johnson is settled upon the said Mary Ann Johnson the wife of the Complainant R. E. Johnson for and during life with remainder over in favor of her children by the Compt. R. E. Johnson & the deficiency in the valuation of said lots of slaves will be equalized and adjusted by the Administrators in distributing what funds remains in their hands after completing there administrations. The administrators will pay to Wm. S. Munday a fee of $50 and the cost of the proceeding for which they will be allowed a credit on settlements of these accounts with the Clerk of the County Court.
Court Adjourned until Court in course.
Geo. W. Allen