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January Term, 1859

TSL&A Microfilm #51
Sumner County Clerk Minutes

Transcribed by Jan Johnson Barnes

©2002

 
January 3, 1859

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State of Tennessee, Sumner County Court
The Worshipful County Court of Sumner County met according to adjournment at the court room in the town of Gallatin on the 1st Monday in January A. D. 1859 it being the 3rd day of said month present
Thos. C. Douglass, Wm. Parker, & Chas. E. Boddie Esqurs.

Robert  H. Latamer Guardian of John F. Latamer  this day produced in open court his report showing the amount that has come into his hands as Guardian aforesaid which report is received by the Court and ordered to be recorded.

An inventory and account of Sales of the personal property of Nath'l Crenshaw dec'd was this day produced in open court by the Admst. Joel R. Crenshaw which is received by the court and ordered to be recorded.

John L. Bugg Clerk of the County Court of Sumner produced in Court the following settlements to wit:
One with Malichi Fikes as Guardian of Josiah, John W., Elizabeth C., Jesse C., Isaac M., Caroline F., and Alletta F. Cline
One with Henry B. Vaughan as treasurer of Transmon? Academy,
One with A. G. Sarver as Administrator of James Durham, Dec'd
The above settlements are confirmed by the court and ordered to be recorded.

Ordered by the court that Nelson B. Turner be appointed Trustee of John Henley and therefore the said Nelson B. Turner together with John W. Head and John T. Carter his securities appeared in open court and entered into and acknowledged their bond to the State of Tennessee in the sum of Twenty Thousand dollars conditioned as the law directs and so are duly qualified.

N. B. Harrison, Edward Duffer and James H. Angel who were appointed commissioners at the January Term 1858 to assign dower to Lydia Durham, this day  returned into court this report, which is confirmed by the court, this  Jany. being unexcepted and is ordered to be entered ____ ___ which is as follows:

Ordered by the court that Thomas H. Winn be appointed administrator of all and singular the goods and chattels, rights and credits that are of the estate of Elizabeth Winn Dec'd, and thereupon the said Thomas H. Winn together with John W. Head and W. L. Malone his securities appeared in open court and entered into and acknowledged their

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bond to the state of Tennessee in the penal sum of five thousand dollars, conditioned as the law directs and was duly qualified.

It is ordered by the court that a writ of election issue to the Sheriff of Sumner County directing him to give notice, open and hold an election in District No. 6 for the election of a constable to fill the vacancy occasion by the death of Thomas P. Horn; and also in District No. 19 for the election of constable to fill the vacancy occasion by the resignation of Jas. Bell.  He will make return thereof to the next term of this court.

In motion it is ordered by the court that Edward Duffer, Andrew Cline, James H. Anglea, Benjamin Grant and _____ be appointed commissioners to make report to this court of the amount of advancement made by James Durham in his life time to his several children, in order to enable the administrator to properly distribute the estate on his hands ____ the children and representatives of his intestate.

Ordered by the court that John W. Durham & George G. Durham be appointed guardians of John W. Durham and thereupon the said John W. Durham & George G. Durham together with John W. Durham their securities appeared in open court, entered into and acknowledged their bond to the state of Tennessee in the sum of two hundred dollars, conditioned as the law directs.

To the worshipful County Court of Sumner Co.
I hereby resign my commission as a Justice of the Peace for Sumner County, District No. 2.
Ransom S. Winn

Ordered by the Court that William House, Sam Barr, E. Penn, J. Wright, J. Sanford, R. Parker, R. Durham, R. C. Ellis, F. Rogan be appointed a jury of view to alter and change Hartsville and Mitchelville road lying east of the turnpike commencing at the ford below R. C. Ellis and thence until it intersects the road if the change was necessary and practicable and report to the next quarterly term of this court.

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Ordered by the court that E. A. Ramsey be appointed overseer of the road leading from dry fork creek at the widow Malone's to the turnpike leading to Gallatin - and that Richard Parker furnish him the old list.

Ordered by the court that Archibald Gregory be appointed overseer of the road from John Sweeny's barn to where it intersects the Baloats ferry road leading from the lick.  And that John L. Sweeny furnish him with a list of hands to work said road.

Ordered that Moses Walker be appointed overseer of the road leading from F. L. McDonald's pond to where the Sweeny road intersects the Baloat ferry road.  And that John L. Sweeny furnish him with a list of hands.

Ordered by the Court that William Fulgum be appointed overseer of the road leading from the top of the ridge at Dobbins gap by C. M. Blackmore's to the ford of the creek above Dempsy Ashford's.  And R. B. Brizandine furnish a list of hands.

Ordered by the Court that John Henry be appointed overseer of the road from the head of Rocky creek to the Macon County line - And that James Stovall furnish him with a list of hands.

Ordered by the Court that Benjamin Johnson be appointed overseer of the road leading from Tilford's salt well to Page Stalkup's and that the following hands, D. Ashford, Jos. Ashford, Benj. Johnson, S. C. Hill, _____, Silas King, Jas. Denning, E. H. C. Sarver, Willis Hunter, Strother Suttle, Sherod Hunter, and Margaret Ritter.

Ordered by the court that Silvanus Herman's be appointed overseer of the road leading from Bennett Groves to Mitchelville and that Esquire McGlothlin furnish him with a list of hands.

On motion it appearing to the satisfaction of the Court that Fountain L. McDaniel, a Justice of the Peace of District No. 3 has departed this life, it is thereon ordered by the Court that the Sheriff of Sumner County will proceed and hold an election for a Justice of the Peace for said District in room of said McDaniel.  The legal notice to be given.

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Ordered by the court that J. W. Robertson be appointed overseer of the red river road from the old state road and that Benjamin Roaney furnish him a list of hands.

The last will and testament of John Carr dec'd was this day produced in open Court and was duly proved by the oaths of John G. Rickman and Jon D. Carr subscribing witnesses thereto and is ordered by the Court to be recorded; And John S. Carr and Lewis M. Woodson the executors named in said will appeared in open Court and took upon themselves the execution of the same.  And thereupon the said John S. Carr and Lewis M. Woodson together with R. C. Parker and G. B. Harris their securities and entered into and acknowledged their bond to the state of Tennessee in the penal sum of ten thousand dollars, conditioned as the law directs, and was duly qualified.

Ordered by the court that James Whitesides be appointed guardian of William Carr, and thereupon the said James Whitesides together with Wm McKamie and Wm. Whitesides his securities appeared in open court and entered into bond payable to the state of Tennessee in the sum of three thousand dollars conditioned as the law directs.

Ordered by the Court that Joseph Kelley be appointed guardian of Cynthia Kelley, and thereupon the said Joseph Kelley together with John A. Baskerville his security appeared in open court and entered into bond payable to the state of Tennessee in the sum of one hundred dollars conditioned as the law directs.

Ordered by the court that Major W. Mitchell be appointed guardian of the minor heirs of Marcus Bandy dec'd and thereupon the said Major W. Mitchell together with Benjamin Roaney his security appeared in open court and entered into bond payable to the state of Tennessee in the penal sum of five hundred dollars conditioned as the law directs.

Gideon V. Wright was this day duly elected Revenue Collector for the county of Sumner for the year 1859 by the Justices of Sumner County.

John Wiseman was this day duly elected railroad tax collector for the year 1859 by the Justices of Sumner County.

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Thomas C. Douglass, William Parker and James P. Taylor Esquires were this day duly elected quorum of the County Court for Sumner County for the year 1859; and Thomas C. Douglass was also elected chairman of the same.

John L. Bugg Clerk of the County Curt of Sumner County this day returned into Court a settlement made by him with John Wiseman Railroad tax collector which is received by the Court in order to be recorded.

Ordered by the Court that Y. P. Brizendine, Andrew Taylor, George J. McAdams and R. D. Moore be appointed a Jury of view to view and report upon the propriety of changing the county road leading from Gallatin to Mitchelville as follows:  Leaving the old road about 100 yards from where the railroad crosses, then to continue on the south side of the railroad through the plantation and intersect the old road at the East of Bartholomew Osburn's plantation, and report to the next quarterly term of this court.

James D. Bennett this day produced into Court his commission as Justice of the Peace in district No. 1 dated the 20th of December 1858, and was duly qualified.

Beverly N. Fleming this day produced into Court his commission as Justice of the Peace in district No. 13 dated the 27th of December 1858, and was duly qualified.

Ordered by the Court that Litle Ball, R. N. Dalton, W. Luster, R. W. Mills, W. Watson, Read Harrison and R. E. Dalton be appointed a Jury of view to view and report upon the propriety of locating a road into Hartsville from the West fork of Goose Creek, commencing at the mouth of Seays branch to where it intersects the Hartsville turnpike road and report to the next quarterly term of this court.

E. T. C., R. M. Potts, and James A. Andrews commissioners appointed at the December Term of this Court to divide the negroes belonging to the estate of Joseph Winston dec'd this day produced into court their report which is received by the court in order to be recorded.

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Lucy A. Brackin vs. Joseph G. Meador and others - Application for Dower

In this cause it appearing to the satisfaction of the Court that the Petitioner Lucy A. Brackin is the widow and relic? of Granville Brackin dec'd and that as such she is entitled to Dower out of the real estate of which he died, seized and possessed, it further appearing to the court that the administrator and all the heirs of the said Granville Brackin have been served with notice of this application five days previous to the meeting of this Court.  It is therefore ordered by the Court that Alfred G. Sarver, and William A. Hurt in connection with N. B. Harrison the county surveyor be appointed commissioners to allot and set apart to the said Lucy A. Brackin dower and all the real estate of which her husband died seized being one third part thereof and including the dwelling and all appendant buildings thereunto belonging; they will make their report to the next term of this court.

David L. Goodall, Executor of Charles Goodall dec'd this day produced into Court his report showing the amount that has come into his hands as executor aforesaid which is received by the Court in order to be recorded.

David L. Goodall Executor of Patsy Goodall dec'd this day produced into Court his report showing the amount that has come into his hands as executor aforesaid which is received by the Court in order to be recorded.

Ordered by the Court that John Lovell, William Lovell, Isaac Ellis and Dr. Wm Moore and Thomas Osburn or any five of them, to view and report whether it is practicable and the public interest would be promoted by changing the road leading from Gallatin to Mitchelville, so as to depart form the old road about 100 yards from where it crosses the railroad on George Blain's land and keep through his field and intersect the old road at the East of B. Osburn's land; and report to the next quarterly term of this Court.

J. O. Harris & wife Amanda, L. V. Crenshaw by her guardian Mary Crenshaw - Expartee
Be it remembered this cause came on to be heard the 3rd day of January 1859 upon the pleadings and report of the commissioners dividing the negroes in which the parties were interested; which report

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is in the words and figures following to wit:  We the undersigned commissioners appointed by the County Court of Sumner County to value and assign to the respective heirs interested their share in the slaves mentioned in the pleadings in which they are equally interested, do allot to James O. Harris & wife Amanda the following negroes with their valuation annexed to wit:  Martha 35 years old $800; Sally 10 years old $720, Henry 8 years old $550; John 6 years old $500; Edmund 3 years $350.  To L. V. Crenshaw a minor Siller Aged 28 years, $850 Mally 8 years old $650; Jim 6 years $550; Stephen 3 years $400,  The whole amount of valuation of property $5,370.00, the value of each interest $2685.  The difference in the valuation of the slaves and assigned is $235 which is to be paid to L. V. Crenshaw or her guardian for her use.  Amanda, J. O. Harris's wife and L. V. Crenshaw agree that the girl Elisa may remain with their mother for her use and service and is not included in the above division and is the property of the two heirs jointly.  All of which is submitted, this the 28th of December 1858.
E. A. Ramsey   Commissioners
E. P. Tyree
William House

Charles D. Latamer, Caroline M. Latamer, W. F. R. Hamilton, Amanda Hamilton, R. H. Latamer, W. F. C. Clendenning, Mary A. Clendenning, John H. Latamer, John F. Latamer, Jane Latamer & John Clendenning Adm. - Ex Partee - Final Decree

Be it remembered that on this the 3rd day of January 1859, the above cause came on for final hearing before the worshipful County Court of Sumner County, upon the report of the clerk which is in words and figures as follows, viz:
C. D. Latimer & others
In this case I report that all the purchase money has been paid me for both the tracts of land mentioned in the pleadings and also for all the negroes mentioned in the pleadings.  In the small tract John Clendenning paid for 18 3/4 acres, and Finis A. Taylor the security of James B. Herrin the other joint purchaser paid for the remaining 12 Acres, and the said James B. Herrin in writing has assigned his purchase to said F. A. Taylor and desires the title of the 12 Acres to be decreed to him.  In the other tract R. H. Latimer paid for 60 Acres - Caroline M. Latimer paid for 24 3/4 Acres, and the other joint purchaser John H. Latimer having released in writing his interest to them and paying nothing, on the same, Respectfully submitted Jany 3rd 1859
John L. Bugg Clerk

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which being unexcepted to is in all things confirmed.  It is therefore ordered and decreed by this court that all right and title of the above named complainants, in and to the following described tract of land viz:  Beginning in the middle of the turnpike road - running North with Sally Frazor's East boundary line 134 Poles to a planted rock Sally Frazor's North East corner, thence S. 52 1/2 E 36 Poles to a stake F. A. Taylor's line, thence South with said Taylor's line 75 poles to the center of Turnpike road, thence S 39 1/2 W with said turnpike 47 1/4 poles to the beginning, containing 18 3/4 Acres, be divested out of them and the title to the said land be vested in John Clendenning.  And it is also decreed that all the right and title of the above named complainants in and to the following described land, viz:  Beginning in the middle of the turnpike road running South 46 1/2 poles to a planted rock in James B. Herrin's North boundary, thence E 29 1/4 Poles to an Ash & Popular stump, thence N. 82 Poles with R. & F. A. Taylor's line to the center of turnpike road, thence S 39 1/2 W with said turnpike 47 1/4 poles to the beginning, containing 12 Acres  be divested out of them and the title to said land be vested in Finis A. Taylor.  It is also decreed that all the right and title of the above named complainants in ___ the following described land, viz:  Beginning at a planted rock in Samuel Kirkpatrick's East boundary, then N. 1 degree W 72 poles to a stake, thence S 89 degrees E 135 4/10 poles to a stake in Geo E. Dismukes' West boundary, thence South 72 poles to a Beech & Hickory, then N. 89 1/4 degrees W 133 8/10 poles to the beginning, containing 60 acres, be divested out of them and the title to the same be vested in Robert H. Latimer.
It is also decreed that all the right and title of said complainants in and to the following described land, viz; Beginning at the North West corner to the tract above decreed to Caroline M. Latimer, thence N 1 degree W 29 1/2 poles to a stake in Samuel Kirkpatricks East boundary line, thence S. 89 degrees E with T. B. Clendenning's line 135 4/10 poles to a stake in Geo. E. Dismukes' West boundary line, thence N. 89 1/4 degrees W 133 8/10 poles to the beginning, containing, 24 3/4 acres be divested out of them

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and that the title to the same be vested in Jane Latimer.  It is also decreed that all the right and title of the said complainants in and to the boy Tom mentioned in the pleadings be divested out of them and the title to said negro be vested in Anderson Wicks - the title to the other slaves have been vested in the purchasers by a former decree of this Court.  It appearing that Charles D. Latimer had sold his interest in all the lands mentioned in the pleadings to John Clendenning, it is ordered that the clerk pay to John Clendenning the part of Charles D. Latimer in the money arising from the sale of said lands.  After paying all the costs the clerk will pay out the fund arising from the sale of the land & negroes to those who are entitled in law to receive the same.  A copy of this decree may issue for registration.

The next section of this page was most difficult to read, and was a proposal for a county tax for the purpose of support of the Poor and collected for the year 1859, proposal to keep the same poll tax as last year for County purposes and to keep the same property poll tax as last year.

Ordered by the Court that the Trustees of Sumner County pay the following Allowances a competent Court being present and ___ thereto ____
To William Hampton for patrolling dist. No. 9  5 days - $3.75
To Francis Woodson for pauper burial deaths - $2.50
To James House for the use of Jesse Martin - $40.00
To James Johnson _____ for poor house - $2.45
To Sam'l Franklin for 5 pauper coffins - $25.00
James House for the use of Nancy Black - $40.00
John L. Bugg ____ ____ $50. Making & recording ___  -$20.00
John Parker hauling sand for Court house - $7.00
James House for the use of Patience Killbuck - $80.00

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Thos Blakemore ___ for Court house - $?
James House for the use of Watson Bell - $20.00
Thos. Boyers holding inquest on the body of H. Calgy - $8.50
George Love for waiting on different county - $78.00
George Love Exe? Overseer - $50.00
George Love boy to wait on court house - $50.00
B. J. Neal holding election in distr. No 11 - $2.44
Geo? W. Baker tin plate for covering court house - $448.40
H. L. Justice? for three pauper coffins - $15.00
S. P. Slaughter boarding Wm Clanton - $30.00
L. W. Gilliam for holding election dist. No 13? - $2.00

Wm. Lauderdale holding inquest on body of Jane Ellis - $11.00
D. P. Hart for Minute book for County Court - $8.50
D. D. Slate? cases in Circuit Court - $103.65
Robt. A. Wright for bad money - 8

Ordered by the Court that the Sheriff of Sumner County open & hold & election in district No. 2 to fill the vacancy occasion by the resignation of Ransom S. Winn resigned, he will give the notice required by law.

Ordered by the court that the Sheriff of Sumner County open & hold an election in district No. 5 for the purpose of electing a Justice of the Peace in said district, he will give the usual notice required by law.

Court Adjourned until tomorrow morning 11 O'clock.
Thos. C. Douglass
William Parker
James P. Taylor

  



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