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Sumner County Clerk Minutes
March 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 607

March 5, 1866 - Judge S. Heermans residing

Ordered by the court that David P. Bullock be appointed administrator of all and singular the rights and credits, goods and chattels of the state of Samuel Gourley deceased.  Thereupon said D. P. Bullock and his securities E. B. Smith, J. T. Blakemore and James W. Bullock appeared in Open Court and entered into and acknowledged their bond to the State of Tennessee in the penalty of Three Thousand dollars conditioned according to law and said D. P. Bullock was duly qualified.

Ordered by the Court that Benjamin Roney be appointed administrator of all and singular the goods and chattels, rights and credits of the estate of A. T. Cawthorn deceased.  Thereupon said Benj. Roney and his securities H. B. Griffin and A. H. Brinkley appeared in Open Court and entered into and acknowledged their bond to the state of Tennessee in the penalty of One Thousand dollars, conditioned according to law and said Benj. Roney was duly qualified.

Ordered by the Court that Wm. H. Hall be appointed administrator of all and singular the goods and chattels, rights and credits of the estate of Jo. P. Young deceased.  Thereupon said Wm H. Hall and his securities James R. Young and B. F. Jameson appeared in Open Court and entered into and acknowledged their bond to the state of Tennessee in the penalty of Five Hundred dollars conditioned according to law and said Wm. H. Hall was duly qualified.

Upon recommendation of T. C. Trimble Agent Freedmans' Bureau Sumner County, it is ordered by the Court that George, an orphan negro boy aged nine years, be apprenticed to A. M. Durham; whereupon said Durham appeared in Open Court and entered into and acknowledged his bond to the state of Tenn. in the penalty of Two hundred and fifty dollars, conditions according

Page 608

to law with W. C. Simpson as his security.

Upon recommendation of T. C. Trimble, Agent Freedman's Bureau Sumner County, it is ordered by the Court that Levinia and Charity, orphan negro girls aged respectively ten and twelve years, be apprenticed to W. C. Simpson until they attain the age each of eighteen years. Thereupon said W. C. Simpson and his security A. M. Durham appeared in Open Court and entered into and acknowledged their bond to the State of Tennessee in the penalty of Five Hundred dollars conditioned according to law.

Upon recommendation of T. C. Trimble Agent Freedman's Bureau of Sumner County, it is ordered by the Court that Tennessee, a minor negro girl aged eight years be apprenticed to W. J. Frazor until she attains the age of eighteen years.  Thereupon said W. J. Frazor and his security Wesley Savely appeared in Open Court and entered into and acknowledged their bond to the State of Tennessee in the penalty of Two hundred and fifty dollars conditioned according to law.

An Inventory & Account of Sale of the personal property of Joseph Robb deceased was this day presented to the Court by Joseph M. Robb Executor, received by the Court and ordered to be recorded.

An Inventory & Account of Sale of the personal property of F. G. Haynes dec'd was this day presented to the Court by the Administrator M. E. Haynes, received by the Court and ordered to be recorded.

An Inventory & Account of Sale of the personal property of Joseph Williams deceased was this day presented to the Court by the Administratrix Jane Williams, received by the Court and ordered to be recorded.

J. G. Durham this day tendered his resignation as Constable of District No. 13 which is accepted by the Court to take effect from and after the first Monday in April next.

Page 609

Thomas C. Douglass this day appeared in Open Court and tendered his resignation as Justice of the Peace of Dist. No. 11 which is accepted, and it is ordered by the Court that the Sheriff proceed to open and hold an election to fill said vacancy.

Ordered by the Court that E. B. Smith, M. R. Moore, Joseph Miller, William Chapman, and Clinton Blakemore be appointed Commissioners to set apart one years support for Rebecca Gourley widow of Samuel Gourley deceased.  Any three of them can act.  They will report under oath to the next or some subsequent term of this Court.

Upon petition of Wm. H. Barksdale, attorney, it is ordered by the Court that Thomas Stalker, E. T. Seay and S. W. Lesueur be appointed Commissioners to set apart one years support for Mrs. Tabitha Puryear, widow of Thomas Puryear dec'd out of such provisions as may be on hand, or a sufficient amount of the means belonging to said estate for said purpose.

It appearing to the Court by proof that A. F. Estes is a man of good moral character and has attained the age of twenty one years it is ordered that the same be entered of record and duly certified to preparatory to his obtaining license to practice law.  The entry should have been made about the 1st of February as Mr. Estes made application for a certificate as to his character about that time.

The Clerk this day presented to the Court a Settlement made with R. B. Durham as guardian of Frances E. Senter, which is received by the Court and ordered to be recorded.

Tuesday, March 6, 1866
S. Heermans, Judge

M. E. Haynes vs. J. W. Hanes et als - Partition of lands
The Petition of Maria E. Haynes for a partition and division of the real estate of her late husband F. G. Haynes was this day filed in the County Court Clerk's office, and

Page 610

it is ordered by the Court that the same be entered on the treal? docket and notice be given to the parties as directed by the law.

Patsy H. Griffin et als vs. Felix Z. Griffin - Dower
The undersigned being unconnected with the parties either by affinity or consanguinity and entirely disinterested having been summoned and duly sworn by the Sheriff of Sumner County as a Jury to allot and set off to Patsy H. Griffin her dower out of the real estate of John L. Griffin her deceased husband, after having duly considered and fully understood the matter, do hereby assign to the said Patsy H. Griffin for her dower the following described land with the erections and improvements thereon, to wit;  a tract of land in the County of Sumner on the waters of West Station Camp Creek containing 110 1/2 acres and bounded as follows:  Beginning on a Sugar tree and Black Walnut South East corner Britton Rogers tract, thence West 50 poles to two Small Dogwoods N. 35 degrees W. 30 poles to a Dogwood, thence South 77 degrees W. 124 poles to a Sugar tree, thence N. 35 degrees W. 30 poles to a White Oak, thence W. 24 poles to a stake, thence S. 82 poles to a stake, thence East 226 poles to a stake, thence North 82 poles to the beginning.  Also one tract containing 6 1/2 acres 20 1/2 poles and bounded as follows;  Beginning on a rock adjoining the above described tract and running N. 24 poles to a stake thence S. 63 1/2 degrees W 58 poles to a stake, then with turnpike road E. 18 poles to a stake, thence E. 43 poles to the beginning.  Also one other tract lying near the ridge adjoining the lands of Mrs. Cummings and Mrs. Harrison containing 24 A 2 R 18 poles and bounded as follows:  Beginning on a rock running N. 86 degrees W 30 poles to a rock and pointer, thence N. 8 poles to a rock, thence W. 30 poles to a hickory, thence S. 1 degree W 76 poles to a White Oak, thence E. 42 poles to a Hickory, thence N. 25 poles to a Sugartree, thence N. 88 degrees E. 20 1/4 poles to a rock, thence N. 4/12 degrees W. 38 poles to the beginning; which we consider to be one third in value of the real estate of John L. Griffin dec'd.
This 5th March 1866
J. W. Harris        )
R. M. Hobday     )   Commissioners
Miles J. Hassell  )
W. N. Warren  Dpdy. Cty. Svyr.
which being seen and understood by the Court and being unexcepted to is in all things confirmed.  It also appearing to the satisfaction of the Court that notice according to law was given to all parties interested.  It is therefore ordered

Page 611

adjudged and decreed by the Court that all right, title and interest in and to the above described land be divested out of the defendants and be vested in the widow, the complainant, Patsy H. Griffin, for life as her dower.  It is further ordered by the Court that a copy of this decree be certified by the Clerk for registration and that Complainant pay the costs of these proceedings, for which execution may issue.

March 7, 1866

It appearing to the satisfaction of the Court that notice according to law has been given to all parties concerned;  it is ordered that Bruce P. Dye and D. G. Perdue with Andrew Taylor as Special Surveyor be appointed Commissioners to lay off and set apart Dower to Mrs. Amine Sang, widow of Peter Sang deceased.  They will report at the next or some subsequent term of the Court.

W. G. Lanier, a Justice of the Peace in District No. 18, this day entered into bond with W. S. Webb as his security to the state of Tennessee in the sum of Five Hundred dollars, conditioned for the faithful paying over to the trustee all fines collected under the Act for the punishment of small offences.

March 9, 1866

Ordered by the Court that James Alexander, C. B. King and William C. Knight be & they are hereby appointed Commissioners to contract for and superintend the building of a County Jail in the town of Gallatin, and report their progress from time to time to this Court.

Page 612

Monday, March 12, 1866

Mrs. Eliza Kelly; Dower
State of Tennessee  )
Sumner County        )
 March 8, 1866
We the undersigned Commissioners having been appointed at the February Term of the County Court of Sumner County to set apart to Mrs. Eliza Kelly, widow of Samuel Kelly dec'd, dower in said deceased's lands, after having been duly sworn proceeded to do the same and set apart the lands as here shown in plot marked A H and made a part of this report.  Given under our hands and seals.
Benj. Roney  (Seal)
Wm. Wilkinson (Seal)
Thos. R. Warren  (Seal)
N. Warren Dpty Cty Survyr.

(Diagram shown of Dower lands - Section A contained 32 1/2 acres; Section H contained 10 acres)

The above is a true plot of the dower of Mrs. Eliza Kelly the portion containing 32 1/2 acres includes the dwelling, outhouses, etc., the portion containing 10 ares include the timber.
W. N. Warren Dpty. Cty. Svyr.
which being seen and understood by the Court and unexcepted to and it appearing that notice according to law was given to all parties concerned, is in all things confirmed.  It is therefore ordered, adjudged and decreed by the Court that all right, title and interest in and to the above described lands be divested out of the defendants and be

Page 613

vested in the widow, the complainant, Eliza Kelly, for life as her dower;  It is ordered by the Court that a copy of this decree be certified by the Clerk for registration and that the Complainant pay the costs of this proceeding for which execution may issue.

Tuesday, March 13, 1866

The Clerk this day presented to the Court a settlement, made with James M. Head as guardian of Thomas B., Penelope E., and Magnolia F. Simpson, minors which is received by the Court and ordered to be recorded.

The undersigned free holders of Sumner County, having been duly summoned and sworn as a jury to inquire into the mental condition of Martha and Green Barnes, after diligently investigating the matter do find that the said Martha and Green Barnes are partially idiotic and utterly incompetent and incapable of managing their own affairs with safety to themselves and others and incapacitated for the government of themselves and property.  We find they have made no transfer of property, bonds in tenements and that both are unmarried and have no children.  We further find that the said Martha and Green Barnes are entitled to one sixth part, each, of an undivided tract of land containing about two hundred acres and estimated to be worth about five dollars per acre which is all the means coming to or belonging to the said Martha and Green Barnes and that cannot be made available for some time to come.  We suggest Graham Gillespie as a suitable person for guardian.
J. W. Harris             A. W. Miller               James W. Garrett
E. G. McKoin          Albert G. Brigance     Robert Cunningham
G. T. Barrett            A. R. Hobday              L. C. Brigance
A. B. McKormack   Cullen Edwards          William Edwards

Page 614

March 14, 1866

Ordered by the Court that Jesse G. Turner be appointed guardian of Patrick Hubbard a minor.  Thereupon said J. G. Turner and his securities G. W. Frazor and Wm. J. Frazor appeared in Open Court and entered into and acknowledged their bond to the state of Tennessee in the penal sum of Nine Hundred dollars, conditioned according to law.

James Duke vs. John J. Hassell et als  Petition
Upon petition of James Duke, and it appearing to the Court that the last will and testament of George Duke, deceased of Sumner County has never been presented to the Court for probate, and that the same is in the possession of John J. Hassell or Jennet Hassell of said County; it is ordered by the Court that they be summoned to exhibit said will before this Court for legal probate on or before the first Monday in April or in case of failure. incur the penalty of the law.

March 15, 1866

Ordered by the Court that Mary R. Lyles be appointed guardian of William H. Lyles, a minor,  he appearing in Open Court and consenting thereto; Thereupon said M. R. Lyles and her securities, R. A. Bennett and G. L. Pierce, appeared in Open Court and entered into and acknowledged their bond to the State of Tennessee in the penalty of Twenty seven hundred dollars, conditioned as the law directs.

Ordered by the Court that James House Jr. be appointed administrator of all and singular the goods and chattels, rights and credits of the

Page 615

estate of James House, Sr. deceased.  Thereupon the said James House Jr. and his securities, John W. House and Bettie M. House, appeared in Open Court and entered into and acknowledged their bond to the state of Tennessee in the penalty of Ten Thousand dollars, conditioned according to law and said James House Jr. was duly qualified.

Upon application it is ordered by the Court that Cullen E. Douglass, Wm. Dodd, F. A. Sporer and R. E. Donnell Sr. be appointed Commissioners to set apart one years support for the minor heirs and family of James House deceased.  They will report to the next term of this Court under oath as the law directs.

Saturday, March 17, 1866

The Clerk this day presented to the Court a Settlement made with F. K. Taylor as guardian of Margaret Smith, D. H. Smith and Sarah E. Smith which is received by the Court and ordered to be recorded.

Monday, March 19, 1866

The Clerk this day presented to the Court a settlement made with David C. Love as Executor of Wm. P. Cloyd dec'd, which is received by the Court and ordered to be recorded.

The Clerk this day presented to the Court a settlement made with H. A. Parrish as Administrator of Joel Parrish, deceased, which is received by the Court and ordered to be recorded.

Page 616

The Inventory and Account of Sale of the personal property of Cullen Gardner deceased was this day presented to the Court by J. M. Gardner, Administrator, which is received by the Court and ordered to be recorded.

March 21st 1866

H. J. Locket  Admin. vs Adeline Corem
In this cause it appearing to the court that the answers of all the defendants has been filed and that the cause is now ready for hearing.  It is therefore ordered by the Court that the Clerk take proof and report the amount of the personal assets of the intestate and the amount of his indebtedness and whether it is necessary to sell the land mentioned in the pleadings in order to pay his debts.

Ordered by the Court that M. R. Moore, Harbard Wallace, Eli Odom, Daniel Calgy, James Soper, E. B. Smith and Andrew Soper be appointed a Jury of View to examine into and report upon the propriety of changing the road leading from Coles Ferry Pike to Walnut Grove School House on Holbert's land to the opposite side of the creek to that on which it now is.  Any four of them may act.  They will report under oath to the next April Term of this Court.  It is further ordered that the School Commissioners of said Schools be notified of this proceeding.

Friday March 23, 1866

Page 617

Temple O. Harris et als
Exparte - Partition  Final Decree
Be it remembered that the above cause coming on for final hearing was heard on this 23 day of March 1866, before his Honor, S. Heermans, Judge of the County Court of Sumner upon the pleadings and interlocutory orders in the cause and the report of the Commissioners, which is as follows, viz;
To the Honorable S. Heermans, Judge of the County Court of Sumner.
We, the undersigned Commissioners, appointed by your honor at the last term to partition between Isaac T. Norris, W. R. Walker and Temple O. Harris tenants in "common in and to a tract of land lying in Sumner County Civil District No. 6, containing forty seven acres, respectfully report that we have divided and allotted said land as follows:
To Temple O. Harris we have allotted lot No. 1 bounded as follows:  Beginning at the mouth of a branch and corner to Franklin, thence South 59 degrees East 95 poles to a stake on the West side of the fill on the Rail Road; thence South 68 1/2 degrees EAst 64 poles to a Sycamore on the South side of West Station Camp Creek; thence East down said creek to Dr. Anderson's corner, in said creek; thence North 69 degrees West 9 poles to a planted rock on a hill, thence North 59 degrees West 108 poles to a branch with an over cut Oak on the West side of said branch; thence North with said branch 14 poles to the beginning.
To Isaac T. Norris we have allotted Lot No. 2 bounded as follows:  Beginning at a planted rock and South East corner to lot No. 3 in lot No. 1 runs thence South 59 degrees East 64 poles to a Sycamore and corner to lot No. 3 thence up the creek to the Northeast corner to lot No. 3; thence South 45 degrees West passing an Elm marked as a pointer, ten feet West of said line 47 poles to the beginning.
To W. R. Walker we have allotted lot No. 3, bounded as follows:  Beginning at a Stake on the Creek and North West corner to lot No. 2 running thence South 45 degrees West passing an Elm marked as a pointer on the East Side, ten feet from said line, South 45 degrees West 47 poles to a planted rock and Southwest corner to lot No. 2 in the North boundary of lot No. 1 thence North 59 degrees West 66 poles to the mouth of a branch and Northwest corner to lot No. 1; thence with the various meanders of the Creek to the beginning.
The buildings upon lot No. 1 are to be jointly occupied by the owners of lots No. 1 and No. 2 until the fall of '66 and then equally divided between said owners.  We believe

Page 618

the foregoing to be an equal and fair division of said tract of land between the parties.  All of which is respectfully submitted.  March 10, 1866.
H. F. Anderson
Robt. B. Douglass
Jno. F. Cage
which report being unexcepted to is in all things comfirmed by the Court; and it is decreed by the Court that the title of the parties to the share of each as allotted in said report be divested and out of them and vested in each respectively to the particular share so allotted to him or her.  It is further decreed that William S. Munday attorney for petitioners be allowed twenty five dollars, which together with the costs of this proceeding will be paid equally by the parties; for which execution may issue.  A copy of this will be certified for registration.

Henry J. Lockett Admr. of A. Corem dec'd vs Adeline Corem et als.
Be it remembered that the above cause coming on for hearing was heard on the 23rd day of March 1866 before his Honor, S. Heermans, Judge of the County Court of Sumner, upon the ill and answers of the parties, the proof and report of the Clerk and the interlocutory orders.  And it appearing to the satisfaction of the Court that the intestate of Complt. departed this life in the year 1862, leaving the defendant, Adeline, his widow and the other defendants, his children and heirs at law and that the Complt. at the October Term, 1865, of this Court took out letters of Administration upon the intestate's estate and has suggested the insolvency of the estate that the intestate was possessed of but small personal estate but little more than what was exempt from execution and a small tract of land described in the bill of Complt. out of which the widow has been assigned dower.  That the report of the Clerk shows but about nine dollars of personal assets in the hands of Complt. and an indebtedness against the intestate of about Seven hundred dollars besides interest which renders it absolutely necessary to sell all the interest of the heirs in said tract of land in order to enable him to pay said indebtedness.  It is therefore ordered, adjudged and decreed by the Court that the whole of said tract of land be sold subject to the dower of the widow for the payment of the indebtedness of the said A. Corem dec'd.  That the Clerk

Page 619

of the Court be appointed Commissioner to make the sale, who, after giving the usual notice by hand bill of the time and place of sale, will expose said land for sale to the highest bidder, upon the following terms.  Two hundred dollars cash and the balance upon a credit of twelve and eighteen months in equal amounts, taking bond and security from the purchaser and retaining a lien upon the land until all the purchase money is paid.  He will report to the next or some subsequent term of the Court.

W. C. Simpson Admr. etc. vs. Mary Ann Johnson et als
For this cause it appearing that the defendants Mary Ann Johnson, Elizabeth Rippy, William Rippy, Mary Heath and Benjamin Health have been served regularly with process, and they having failed to appear plead, answer or demur to Complts' bill, it is therefore ordered that the same be taken as confessed by them and the case set for hearing exparte as to them.  It is further appearing that process has been served upon the minor defendants, Robert, Martha, William A., James and Jesse Johnson and that they have no regular guardian.  It is therefore ordered that George B. Guild be appointed guardian ad litem and Solicitor for said minors and that he file their answer to Complt's bill and otherwise represent their interest in the prosecution of the same, the said Guild appearing in Open Court and accepting the said appointment.

March 24th 1866

An Inventory and Account of Sale of the personal property of F. M. Griffin dec'd was this day presented to the Court by James I. Guthrie, the administrator, received by the Court and ordered to be recorded.

Page 620

March 26th 1866

There being no business before the Court, Court adjourned until Thursday morning March 29th 1866.

March 29th 1866

There being no business before the Court, Court adjourned until Saturday March 31st 1866.

March 31st 1866

W. G. Pond having declined to accept the execution of a Deed of Trust executed by W. L. Harper on the 12th day of Sept. 1865 and in which he was appointed trustee, it is ordered by the Court that Jesse Harper be appointed Trustee of said Deed of Trust in place of said W. G. Pond.  Thereupon said Jesse Harper and James Soper and Elijah Read, his securities, appeared in open Court and entered into and acknowledged their bond to the State of Tennessee in the penalty of Thirty five hundred dollars, conditioned according to law, and said Harper was duly qualified.

We the undersigned Commissioners, appointed by the County Court of Sumner at its March Term, 1866, a Jury of View to examine into and report upon the propriety of changing the road leading from the Coles Ferry Pike to Walnut Grove School House on A. H. Holbert's land, from the East to the West side of the branch, have had the matter under consideration and beg leave to report that they see no necessity for changing said road from its present location and recommend that it be allowed to remain where it is.  Provided Mr. Joseph Miller comply with his promise to make convenient steps over a rock fence building between the Schoolhouse and the

Page 621

Spring, and further that he allow the use of his lot adjoining the schoolhouse lot for the pupils at said school to play in and hitch their horses in and also that he allow persons attending public worship at said schoolhouse to hitch their horses and allow their vehicles to stand in his said lot.
All of which is respectfully submitted to the Court this the 31st day of March 1866.
Daniel Calgy
James Soper
Eli Odom
Harbert Wallace
There being no further business before the Court, Court adjourned until Court in course.
S. Heermans Judge


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