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Sumner County Clerk Minutes
November Term, 1865

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

Transcribed by Jan J. Barnes
©2002

Page 516

Thursday morning November 2nd 1865
Court met according to adjournment
Present S. Heermans, Judge

S. C. Franklin this day applied in Open Court and tendered his resignation as one of the Executors of the last Will and Testament of Richard Franklin, dec'd which is received by the Court and ordered to be spread upon the minutes.

Burnice Bender this day presented in Open Court his Commission by the governor of Tennessee setting forth that he was duly and constitutionally elected a Justice of the Peace in and for Civil District No. 6 and was thereupon duly qualified.

Saturday November 4th 1865

Ordered by the Court that William Moore be appointed Administrator of all and singular the goods and chattels, rights and credits of the estate of Benjamin T. Moore deceased and thereupon the said William Moore with his securities A. M. Barber and J. T. Mills appeared in Open Court and entered into and acknowledged their bond to the State of Tennessee in the penalty of Two Thousand dollars, conditioned as the law directs, and was duly qualified.

Joseph Kirkpatrick and James Gwinn this day presented in Open Court their commissions by the governor of Tennessee setting forth that they were duly and constitutionally elected Justices of the Peace in and for Civil Districts No. 10 and No. 12, of Sumner County, on the 31st day of August, 1865 and were thereupon duly qualified.

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State of Tennessee, Sumner County Court November Term 1865
The Honl. County Court of Sumner County met according to adjournment at the Court House in Gallatin the first Monday in November it being the 6th day of the month present the Honl. S. Heermans Judge, etc.

Ordered by the Court that Frances M. Taylor be appointed Administratrix of all and singular the goods and chattels, rights and credits of the estate of Clark Taylor deceased and thereupon the said Frances M. Taylor with F. G. Tally and Thomas J. Franklin her securities, appeared in Open Court and entered into and acknowledged her bond to the State of Tennessee in the penalty of Six Thousand dollars conditioned as the law directs and 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 John F. Morris deceased and thereupon the said Benj. Roney appeared in open Court with Richard Pond and J. A. Dinning, his securities and entered into and acknowledged their bond to the State of Tennessee in the penal sum of Two Thousand dollars conditioned as the law directs and was duly qualified.

Ordered by the Court that J. B. Hobdy be appointed Administrator of all and singular the goods and chattels rights and credits of the estate of John Hobdy deceased and thereupon the said J. B. Hobdy and his securities W. A. Payne and D. G. Perdue, appeared in Open Court and entered into and acknowledged their bond to the State of Tennessee in the penalty of One Thousand dollars conditioned as the law directs and was duly qualified.

Ordered by the Court that Richard Pond be appointed Administrator of all and singular the goods & chattels, rights & credits of the estate of Samuel Kelly, deceased and thereupon the said Richard Pond and his securities James A. Dinning and Jesse Jackson appeared in Open Court and entered into and acknowledged their bond to the state of Tennessee in the penalty of Five Hundred dollars, conditioned as the law directs, and said Pond was duly qualified.

An Inventory & Account of Sales of the personal property of James Key dec'd was this day produced in Open

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Court by W. G. Key & Lucinda Key.  rece'd by the court and ordered to be recorded.

An Inventory & Account of Sales of the personal property of W. D. Graves deceased was this day produced in Open Court by the Administrator Wm. Graves received by the Court and ordered to be recorded.

An Inventory & Account of Sales of the personal property of Thomas Jones dec'd was this day produced in Open Court by the Administrator Agnes Jones, received by the Court and ordered to be recorded.

An Inventory & Account of Sales of the personal property of Abijah Coram, deceased was this day produced in Open Court by the Administrator H. J. Locket received by the Court & ordered to be recorded.

We the undersigned Commissioners appointed by the County Court of Sumner Count at the term, have been duly sworn & proceeded to assign to Mrs. A. Coram, widow of Abijah Coram, dec'd her years allowance support as follows to wit:

30 Thirty barrels of corn
25 Twenty five bushels wheat
1000  One Thousand pounds Pork
30  Thirty pounds coffee
75 Seventy five dollars in monies
We likewise assisted the Admr. in setting apart to the widow the articles exempt from execution.  All of which is respectfully submitted Oct 21st 1865.
Jas. W. Bullock
E. N. Mitchiner
Hugh Wyllie

The last Will and Testament of Josiah Bush deceased was this day produced in Open Court for probate and was duly proved by the oaths of Thomas Barnard and Sanford Barnard subscribing witnesses thereto and ordered to be recorded.  And thereupon O. H. P. Duval, the executor appointed in said will appeared in Open Court and accepted the execution of the same and together with J. W.

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Peden and J. C. Heermans, his securities appeared in Open Court and entered into and acknowledged their bond to the State of Tennessee in the penalty of One Thousand dollars, conditioned as the law directs, and was duly qualified.

J. F. Lambert this day produced in Open Court a commission by the Governor of Tennessee setting forth that he was duly and constitutionally elected a Justice of the Peace in and for Civil District No. 16, Sumner County on the 31st day of August, 1865, and was thereupon duly qualified by John N. Smart as Justice of the Peace.

Frank Newman & wife vs. R. A. Roberson & others  - Interlocutory Decree
This cause came on to be heard on the petition and answers of R. A. Roberson, guardian of Willy Ann & Mary Roberson & Elizabeth Scoggins guardian of Alice Tally, John and Marcus Roberson minors and the proof, it appearing to the Court that Lucy Newman is the daughter of John Roberson deceased & an heir to his estate and that he left eight children of which Lucy is one and entitled to one eighth of the tract of land of one hundred acres lying in Sumner County, District No. 2, bounded on the North by the lands of Hardy Watson , west by the lands of Rowland Hurley, on the South by Will Huffman, on the east by the Dower of John Roberson's widow.  It is therefore ordered that Wm. Scoggins, J. B. Steet? and N. B. Harrison freeholders of said County be appointed Commissioners to lay off to the said Lucy Newman her interest of one eighth in said land of her deceased father and report to the next term of this Court.

Ordered by the Court that Benjamin Roney, John W. Gilbert and William Wilkerson be appointed Commissioners to set apart to Mrs. Eliza Kelly one years support out of the provisions of her deceased husband Samuel Kelly; they will report under oath at this or some subsequent term of the Court.

Ordered by the Court that Daniel G. Perdue, Wm McGlothlin and James Martin by appointed Commissioners to set apart to Elizabeth Hobdy one years support out of the effects of her deceased husband John

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Hobdy, they will report under oath to this or some subsequent term of the Court.

James M. Griffin et als vs. John T. Stogan
In this cause it appearing to the Court that the defendant is a minor without any regular guardian and that process has been served upon him, it is therefore ordered and decreed by the Court that A. H. Guthrie be appointed Guardian ad litem for said minor.

James M. Griffin et als vs. John T. Stogan
The Guardian ad litem having answered in this cause, the Court orders that the cause be referred to the Clerk to take proof and report whether the land can be partitioned between the parties advantageously and if not, how much the same is worth per acre.

An Inventory & Account of Sales of the personal property of Charles Watkins deceased was this day presented in Open Court, by the executor C. G. Watkins received by the Court and ordered to be recorded.

Ordered by the Court that Overton Harris be appointed Overseer on the road leading from the turnpike road near D. Woodson's to where the Belote's ferry road crosses the East Fork of Bledsoe's Creek and that he have the former list of hands.

William Tyre this day appeared in Open Court and resigned the constableship of District No. 3; his resignation was accepted by the Court and the same ordered to be spread upon the minutes of the Court.

Upon petition the further term of twelve months was this day granted B. P. Dye to settle up the estate of Samuel Dye, deceased, of which he is administrator.

James Jackson et als  Exparte
This cause is referred to the Clerk who will take proof and report as to whether the land can be divided between the heirs without injury to them

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and if not what the same is worth per acre.

Felix G. Tally et als Exparte
This cause came on for hearing before Judge Heermans this day upon the report of the Jury that were ordered in this case, which is as follows, viz:
Oct. 21st 1865
State of Tennessee
Sumner County    We the undersigned being a jury regularly summoned and qualified under an order of the County Court of Sumner County, bearing date the 7th October, 1865, in case of Zachary Tally, do report as follows;  That we are well and personally acquainted with Zachariah Tally, and have been for several years and know that he is wholly incompetent to attend to any business, and he has been for several years, that we find him possessed of the following real and personal estate viz, (497) four hundred and ninety seven acres of land about twenty five sheep, two head of horses, one stallion, fifteen head of cattle, twenty hogs, two wagons, one two horse and one one horse carryall, thirty acres planted in corn, which will make about sixty barrels, fifty bushels wheat, forty two bushels of rye, we find about fifty nine acres rented out there is in the tract of land about two hundred and fifty acres of land cleared, the said Zachariah Talley has no wife, living off the children, these are Felix G. Talley, Parmelia M. Watkins, George W. Talley, Martha A. Morrison, Reuben Talley, grandchildren Lucy Morris, Virginia Harris (minors) Zachariah and Bartlett Talley, Thomas C. Talley, Reuben Talley, Willomine and John Talley.  We therefore recommend that the Court appoint some competent person a guardian for the said Zachariah Talley.  All of which is respectfully submitted.
Test                                A. G. Dunn                        H. H. Sanders                W. C. Dunn
W. J. Henley D. Shff.    Geo E. Dismukes             John K. Taylor               L. F. Hughes
                                        G. W. Douglas                 Jo. E. Edwards                Lee Shute
                                        Isaac (his mark) Green   Hugh Joyner                   John E. Turner
which said report being seen by the Court and being unexcepted to is in all things confirmed.  It was thereupon ordered by the Court that John Clendenning be appointed Guardian of Zachariah Talley, a lunatic; whereupon the said John Clendenning and his securities Felix G. Talley and (left blank) appeared in Open Court and entered into and acknowledged their bond to the state of Tennessee in the penalty of Twenty five hundred dollars conditioned as the law directs.  It is ordered that the petitioners pay the costs of this case for which execution may issue.

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Ordered by the Court that Samuel Patton, James Cole and L. D. Sanders be appointed Commissioners to set apart to Mrs. Susan Baker one year's support out of the effects of her deceased husband L. A. Baker.  They will report under oath to this or some subsequent term of the Court.

Tuesday morning, November 7th 1866

James M. Griffin et als. vs. John T. Stogan
This cause was this day heard before Judge Heermans upon the report of the Clerk and the proof in the cause the report being as follows,
From the proof of A. H. Guthrie and Richard Pond taken by me in this cause, I beg leave to report that a partition of the lands cannot be made without manifest injury to the parties and that a sale of the same is to the interest of the parties.  The land is worth some $3.00 on a credit of twelve months.
Respectfully submitted
John L. Bugg, Clerk
J. A. Trousdale D. C.
which being understood and being unexcepted to is in all things confirmed.
The Court is thereon pleased to order and decree that said land shall be sold on a credit of twelve months except $25.00 cts. cash, the Clerk will report the same to this Court.

Jesse Jackson et als Exparte
This cause was this day heard upon the proof in the cause and the report of the Clerk which is as follows,
From the proof of Wm. G. Lanier, S. S.

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Cole and John Wilkerson taken in the cause I beg leave to report that a sale of the land in the cause is necessary for partition & that the same can not be divided without manifest injury to the parties on account of the number of heirs and the amount of land its situation etc.  I also report that the same is worth some $400 cts per acre on a credit of twelve months.
Respectfully submitted
John L. Bugg Clerk
by J. A. Trousdale D. C.
which being seen by the Court and being unexcepted to is in all things confirmed.  The Court is thereon pleased to order and decree that the Clerk shall sell said land upon the premises upon a credit of one year, except $25.00 cts in cash and he will report the same to this Court.

Ordered by the that R. A. Crank be appointed Administrator of all and singular the goods and chattels rights and credits of the estate of Sarah Taylor deceased, and thereupon the said R. A. Crank and his securities J. T. Burton and R. A. Bennett appeared in Open Court and entered into and acknowledged their bond to the State of Tennessee in the penalty of Six hundred dollars, conditioned as the law directs and was duly qualified.

Ordered by the Court that J. T. Burton be appointed Guardian of Daniel Vaughan and William Vaughan minors.  Thereupon the said J. T. Burton and his securities Wm. F. Andrews and Absolem Burton appeared in Open Court and entered into and acknowledged their bond to the State of Tennessee in the penalty of Sixteen hundred dollars conditioned as the law directs.

An Inventory and Account of Sales of the Personal Property of the estate of Y. N. Douglass deceased was this day produced in Open Court by the Administrator Chas. S. Douglass, received by the Court and ordered to be recorded.

An Inventory and Account of Sales of the Personal Property of Elisha Jones, deceased was this day produced in Open Court by the Administrator George E. Seay, received by the Court and ordered to be recorded.

An Inventory and Account of Sales of the Personal Property of William Hall deceased was this day produced

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in Open Court by the Administrator R. A. Bennett, received by the Court and ordered to be recorded.

Ordered by the Court that A. J. Charlton be appointed oversee on the Castalian Springs Road, commencing at Geo. T. Browns grass lot, to David Chenaults corner and that to work said road he have the hands on the following lands, to wit; John Jones, Jon Weatherford, James Wiseman, Howel Wiseman, Wilks Wiseman, Lawson Wilson, Robert Weatherford and John A. Littleton.

Wednesday morning November 8th 1865

Ordered by the Court that M. Mabry be appointed Administrator of all and singular the goods and chattels, rights and credits of the estate of John Mabry, deceased; and there upon the said M. Mabry and his securities Wm. Dodd and Jno. L. Bugg appeared in Open Court and entered into and acknowledged their bond to the State of Tennessee in the penalty of Two Thousand dollars, conditioned as the law directs and said Mabry was duly qualified.

Martha Lane vs. T. R. Eubanks Admr. of B. Lane dec'd & others - Application for Dower
On motion of the plaintiff it appearing that Bennett Lane died on the (left blank) day of March 1865 seized in fee of a tract of land of 200 acres more or less lying on Cumberland river in Sumner County on which he resided at the time of his death and bounded as follows, on the South by Cumberland river, West by G. A. Wyllie, East by Paper Mill farm, North by W. H. Crump, Ragan & Wallace; it appearing also that the plaintiff was his lawful wife and is entitled to dower in said land.  It appearing also that the plaintiff had given the defendants T. R. Eubanks Admr. of Bennett Lane deceased, Zachariah, Elizabeth, Martha, Sarah, and Willie Lane minor children of W. R. Lane, deceased without Guardian, Kate and Harriett Bandy by their Guardian Wm. Bandy, Mildred A. Vaughan and husband T. Vaughan

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Frances M. Eubanks and husband T. R. Eubanks, Mary L. Douglass and husband George Douglass; heirs at law of Benentt Lane, dec'd five days notice of this application.  It is therefore ordered by the Court that Wm Cantrell, Eli Odom and M. J. Lucus free holders of said court be appointed Commissioners in conjunction with the County Surveyor of said County to allot and set off to the plaintiff the one third part in allot and set off to the plaintiff the one third part in value of said land for the dower and report to the next term of this Court.

J. N. Bell, Mary E. Crafton and husband Alfred Crafton, W. T. Bell, H. M. Goosetree and husband Watson Goostree vs. Rebecca Bell, Delia Ann Bell and Jesse Franklin Bell.
Be it remembered that this cause came on for hearing upon this 8th day of November, 1865, before S. Heermans, Judge of the County Court, upon the report of the Clerk which is as follows viz;
"Pursuant to the decretal order of the County Court of Sumner County rendered at its September Term, 1865, in the case of J. N. Bell & others vs. R. Bell & others, I sold at public auction after thirty days notice at Richland Station, Sumner County, on the 28th day of October 1865, the Three Hundred acre tract of land, designated in the bill as the Zachary Bell Tract.  The land was purchased by Mr. J. N. Bell, he being the highest bidder therefore, at six dollars and thirty cents ($6.30) per acre; and there being three hundred and one half acres in said tract, the whole came to Eighteen hundred and ninety three dollars and fifteen cents ($1893.15).  I received one hundred dollars ($100.00) cash from Mr. J. N. Bell, leaving due Seventeen hundred and ninety three dollars and fifteen cents ($1793.15) for which I took his two notes, with security, one payable in six months for eight hundred and ninety six dollars and fifty seven cents ($896.57).  Said land was sold encumbered with the widow's dower, but the remainder interest in said dower was sold.
All of which is respectfully submitted to the Court, this 1st day of November 1865.
John L. Bugg Clerk
by J A. Trousdale D. C."
which being unexcepted to is in all things confirmed.  It is therefore ordered and decreed by the Court that all the

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title and interest of the Complainants J. N. Bell, Mary E. and Alfred Crafton, W. T. Bell, H. M. and Watson Goosetree and the defendants Delia Ann and Jesse Franklin Bell in and to the 300 1/2 acres of land, mentioned in the bill, being the land formerly owned by Zachary Bell in Sumner County, District No. 19, adjoining the lands of the heirs of W. M. C. Barr and of W. P. Cummings, be divested out of them and the same be vested in James N. Bell - a lien is retained by order of the Court on said land for the payment of the purchase money for said land.  And it appearing to the Court that said land was sold encumbered with the widow's dower which has not been assigned, but that the remainder in interest in the dower was sold in the Sale to J. N. Bell, the Court orders and decrees that the widow is entitled to dower in said land but the title of the above named complainants and defendants in remainder to the dower interest of the widow Rebecca Bell be divested out of them and the same be vested in James N. Bell.  And it appearing to the Court from the evidence of J. W. Head and R. A Bennett that $25.00 would be a reasonable fee for Attorneys G. W. & B. F. Allen in this case and that $10.00 would be a reasonable fee for G. B. Guild guardian at litem in this case, it is ordered by the Court that the Clerk pay said fees out of the cash payment in his hands, and that he pay the cost of this proceeding out of said cash payment.  It is ordered that the Clerk pay over the balance of the cash payment and the purchase money when collected to the parties entitled in law, thereto and that a copy of this decree by certified for registration.

S. H. Dalton & others vs. James Puryear, Guardian, etc.
Be it remembered that this cause came on for further hearing before S. Heermans, Judge etc. on this the 8th day of November 1865 upon the report of the Commissioners which is as follows, viz;
State of Tennessee
Sumner County
We, the undersigned commissioners, freeholders appointed by the Honorable County Court of said County at the October Term 1865, after being duly qualified and sworn have this day proceeded to divide the land belonging to the estate of David Puryear deceased between

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his six surviving heirs, report as follows, viz;
No. 1   Samuel H. Dalton   71 acres        $6.50 per acre   $461.50
No. 2   Thos. Puryear         74 acres          6.50 per acre   $481.00
No. 3   W. L. Puryear         62 acres          8.00 per acre   $496.00
No. 4   David Puryear        61 acres          9.00 per acre   $549.00
J. C. Terry                          58 acres        15.00 per acre   $870.00
Jas. Puryear                       52 1/2 acres  12.00 per acre   $630.00 
Nathaniel B. Harrison, Surveyor, will furnish a map and report of each no. which will accompany this report.  All of which is respectfully submitted.
E. T. Seay                    Commissioners
Jas. C. Crenshaw
John D. Bass
R. S. Satterfield

State of Tennessee                 )
Sumner County, Distr. No. 1  )  Agreeable to an order of the Honorable County Court of Sumner County at its October Term, 1865 I have proceeded in conjunction with the Commissioners appointed by said order, to lay out and allot to the heirs of David Puryear, deceased the lands of said deceased as per plot hereto annexed as follows, to wit;
Lot no. 1 to S. H. Dalton begins on a dead white oak at a gate run, N. 74 degrees E 84 poles to a rock, then N 14 poles Stake, thence E 69 poles to a large Red Oak on Cumberland river, thence up the river with its meanders 93 poles to a Stake, thence West 103 poles to a Stake corner to pass, thence S 40 degrees W 122 poles to the beginning, containing seventy one acres.
Lot No. 2 to Thomas Puryear begins on a rock in the west boundary of Dalton's lot runs N 4 degrees E with Dalton's line to his N. W. corner, then on North with Basses line in all 127 poles to a Stake, thence S 35 degrees W 46 poles to a Stake Bass corner, thence west, 80 poles to a Stake, thence S 17 degrees W 94 poles to a large bush, thence East to the beginning, containing 74 acres.
Lot No. 3 to W. L. Puryear, begins at a rock and pointers S 1 degree W 115 poles to a rock in James Puryear's line, thence East 85 poles to a rock thence N. 1 degree E 115 poles to a rock in a field, thence West 85 poles to the beginning containing 62 acres.
Lot No. 4 to D. Y. Puryear begins on a rock N. E. corner to No. 3 S 1 degree W 115 poles to a rock East 85 poles to a rock in James Puryear's line, thence North to Dalton's beginning corner, thence N 4 degrees E 37 poles to a rock corner to No. 2, thence West to the beginning, containing 61 acres.
Lot No. 5 to J C. Terry, begins on a rock S. E. corner to No. 4 run South to James Puryear's line 108 poles to a Stake, thence West 56 poles to a rock Elm pointer, then N. 1 degree E 108 poles to a rock corner to No. 3 and 4, the East

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to the beginning containing 58 acres.
Lot No. 6 Begins on a stake on Cumberland river runs East 28 poles to a rock corner to Terry's lot thence N 1 degree E. 108 poles to a rock corner to No. 4 & 5, thence West 85 poles to a rock corner to No. 3, thence S. 1 degree W 61 poles to the river, thence up the river with its meanders to the beginning containing 52 1/2 acres.
Surveyed the 9th, 10th, 11th Oct. 1865
by N. B. Harrison Surveyor by Appointment

(Surveyor's diagram)

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which being unexcepted to is in all things confirmed by the Court.  It is further ordered adjudged and decreed by the Court that the title to said land mentioned in the pleadings be divested out of the heirs of David Puryear, deceased, respectively and vested in the heirs each as assigned and allotted by the report, except lot No. 1 of 71 acres, the title be vested in Mary Dalton, wife of S. H. Dalton, and her heirs, and lot No. 5 of 58 acres be vested in Elizabeth Terry, wife of J. C. Terry, and her heirs and that the complts. & defendts. pay Messrs. Parksdale and Bennett a fee of Seventy five dollars in ratable proportion and the cost of this case for which fi fa may issue, and that a copy of this decree be certified for registration.

Thursday morning, Nov. 9th 1865

An inventory and Account of Sales of the personal property of the estate of J. M. Wright dec'd, was this day presented in Open Court by G. V. Wright, Administrator, received by the Court and ordered to be recorded.

Jo. B. Hobdy Admr. of Francis Clark decd. vs. Sarah Clark et als
In this cause it appearing to the Court that the defendants have all filed their answer, a reference therefore is made to the Clerk who will take proof and show what are the assets and the liabilities of the ceased and whether it be necessary to sell the lands mentioned in the pleadings to enable the parties to pay the debts of his intestate.  He will report to the present term of the Court.

Adeline Coram vs. H. J. Locket et als
On motion of the plaintiff and it appearing that A. Coram, deceased, was seized in fee of a tract of land lying and being in Sumner County Civil District No. 3, containing seventy and three quarters acres, and it further

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appearing that the applicant was his lawful wife and is entitled to dower in said lands:  and it appearing that the plaintiff had given Josiah Coram and Thomas Coram the only heirs of the deceased and Henry J. Lockett, his administrator five days notice of this application; it is therefore ordered by the Court that E. Mitchner, Wm H. Hall, and James Bullock freeholders, or any two of them in connection with the County Surveyor be appointed Commissioners to allot and set off to the plaintiff the one third part in value of said land for the dower and report to the next or some subsequent term of the Court.

Mary A. Johnson vs. W  Simpson Admr. and the heirs of R. E. Johnson decd.
The Commissioners appointed at the last term of the Court to assign to the plaintiff her dower in the real estate of Richard E. Johnson dec'd returned into court the following report viz;
In obedience to an order from the County Court the undersigned, after being duly sworn, have valued the real estate of Richard E. Johnson, dec'd, and set apart for the dower of the widow the following named land:  Beginning on a leaning dogwood on the South boundary line near the S. W. corner of the fenced ground, running  N poles to a Black Oak, thence East through the old field to a small poplar sapling on Escue's West boundary line thence with his line to his S. W. corner, thence with Wesley Rippy's West boundary line to A. Simpson's line thence West with Simpson's line to the beginning, containing by estimation 52 1/2 acres.
In witness whereof we have hereunto set our name this 4th day of November 1865.
John Rippy                                }
James M. (his mark) Rippy     }   Commissioners
J. A. Nimmo  Depty. Cty. Srvyr.

(Diagram of survey)

which report is in all things confirmed by the Court.  It is

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further ordered that the plaintiff pay the costs of this proceeding.

Mary A. Austin vs.
The Commissioners appointed at the last term of this Court to assign to the plaintiff her dower in the real estate of Samuel Austin dec'd, returned into Court the following report, viz;
"In obedience to an order from the County Court of Sumner County the undersigned, after being duly sworn, have valued the real estate of Samuel Austin dec'd and set apart the within described land as dower for the widow Mrs. Angelina Austin:  Beginning below a big spring on D. Corkran's N. W. Corner running N. 59 degrees E. 16 poles, thence N. 69 E. 24 thence S. 89 degrees E 18 3/4 poles, thence N 28 degrees W 50 poles, thence N 24 3/4 poles, thence E 5 3/4 poles, thence N. 40 1/4 W 6 1/5 poles, thence N 89 1/4 poles, thence W 128 poles, thence N 62 degrees W 60 poles to a small Black Oak Sapling in the woods, West of the field, thence South 121 poles to the South boundary line of the estate, thence E 170 poles to a corner near Kitchen, thence S 85 3/4 poles to the beginning, containing by estimation 119 Acres and 23 perches.
In testimony we hereunto subscribe our names, this 3rd day of November, 1865.
Jos. McGlothlin         }  Comssr.
Andrew McGlothin    }
J. A. Nimmo D.P. Cty Surveyor
which being unexcepted to is in all things confirmed by the Court.  And it is further ordered that the plaintiff pay the costs of this proceeding.

(Diagram of dower's plot)

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Upon petition, and it appearing to the Court that there are no heirs or devisees resident in this state to whom notice can be given, it is ordered by the Court that John Montgomery, Finis A. Taylor and Wm. A. Whitworth together with the County Surveyor be appointed Commissioners to set apart to Mrs. Elizabeth Wicks dower in the estate of her deceased husband A. Wicks.

Monday morning Nov. 13th 1865

This day appeared in Open Court Samuel and John P. Gourley, Executors of John Gourley dec'd, together with Richard Sadler aged 17 who, it appears, had been bound to said John Gourley dec'd as an apprentice by order of the Sumner County Court, and request that they be released from any further obligation of said Bond of Indenture of said John Gourley dec'd, the said executors agreeing to pay the said Richard Sadler or his guardian One hundred dollars to be appropriated for his benefit, it being the consideration which said John Gourley dec'd was to pay, said Richard Sadler, and said Executors further agree to send said Richard Sadler to school until Christmas; it is therefore ordered by the Court that said Bond of Indenture of said John Gourley be set aside and that they be released from any further obligation of said bond.
The said Richard Sadler appeared in Open Court and chose Samuel Gourley for his guardian; whereupon said Samuel Gourley with his security, John P. Gourley, appeared in Open Court entered into and acknowledged his bond to the State of Tennessee in the penalty of Two Hundred dollars, conditioned as the law directs and was duly qualified.

Ordered by the Court that W. C. Youree be appointed Administrator with the will annexed of all singular the goods and chattels, rights and credits of the estate of Francis

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Youree deceased.  And thereupon the said W. C. Youree and his securities A.? J. Averitt, P. E. Youree, M. A. Youree, John Youree and F. W. Youree appeared in Open Court and entered into and acknowledged their bond to the State of Tennessee in the penalty of Seventy Thousand dollars conditioned as the law directs and said W. C. Youree was duly qualified.

Wednesday morning November 15, 1865

Edwin Bush et als vs. William Bush et als
This cause coming on to be heard on the 15th day of November, 1865, before Sylvanus Heermans Judge of the County Court of Sumner County upon former orders and decrees, the report and affidavit of the Clerk; and it appearing to the satisfaction of the Court that the proceedings are regular said report is in all things confirmed which is as follows in words and figures, viz;
State of Tennessee   }
Sumner County         }
"I John L. Bugg Clerk of the County Court of said county, beg leave to report that in pursuance of an Interlocutory Decree of said Court at its August Term, 1860 in the case of Edwin Bush et als, vs. William Bush et als., I proceeded to advertise the Slave Eliza for twenty days for Sale, and at the expiration of said time, and on the day appointed I offered the said slave at the Court House door in the town of Gallatin, to the highest bidder on a credit until the 1st March 1861, when, John Belote being the highest bidder, the said slave was struck off to him at One hundred and fifty dollars, and the said Belote executed his promissory note, with a party not now remembered as security for the said sum of $150 payable the 1st March 1861.  All of which is respectfully submitted
John L. Bugg Clk."
and it further appearing that the note executed by the

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purchaser, John Belote, was lost and destroyed with sundry other papers belonging to the files of said Court in the confusion and violence of the late revolution, and that the same remains unpaid with interest upon the same from the 1st of March 1861 for the sum of One hundred and fifty dollars, it is pleased to order adjudge and decree that the said John L. Bugg, Clerk etc. for the use of the said Edwin Bush, et als parties interested, recover of the said John Belote the sum of One hundred and fifty dollars debt and interest upon the same forty two dollars 33 cents, and that upon the payment of the same the costs of this proceeding be paid out of the fun, and balance paid over to the parties in the pleadings mentioned.

A. J. West vs. Mary E. West, her regular guardian Jas. W. West
It appearing to the Court that process had been regularly served upon the defendants more than five days before the commencement of the present term of the Court and said defendants having failed to appear, plead, answer or demur to the complainants petition and Bill; it is therefore ordered that the same be taken for confessed and set for hearing exparte at the present term of the Court.

November 16th 1865

Whereas the Small Pox, a dangerous and contagious disease, is prevailing and spreading to very large and alarming extent in the town of Gallatin, vicinity and surrounding country to the great injury and prejudice of the whole people of our county, and whereas by the laws of our State the Judges and Chairmen of the County Courts are authorized to adopt such measures as they may think best to put a stop to as prevent the

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spreading of contagious diseases.  Now I, S. Heermans, Judge of the County Court of Sumner County, in pursuance of the law and of the great necessity of the case, having established a Small Pox Hospital for the purpose of abating and preventing the further spread of said disease, and having employed suitable persons to take charge of the same as superintendents;  It is therefore ordered by the Court that all persons sent or admitted to said hospital as patients and all persons hired as nurses etc must be subject to and under the control of said superintendents and must obey any and all rules and regulations necessary for governing and controlling said hospital all of which will be under the general supervision of this Court and the expense of the same will be a county charge and paid out of the funds of said county as may be ordered by this Court.

Saturday morning, November 18, 1865

Mrs. Elizabeth Wicks - Dower
The Commissioners appointed at the present term of this Court to assign to the plaintiff her dower in the real estate of her deceased husband A. Wicks, having returned into Court the following report to wit;
The undersigned Commissioners after being duly sworn have this day valued the real estate of Anderson Wicks, dec'd and set apart as dower for the benefit of the widow, Elizabeth Wicks the land plotted and notes shown below viz;
Beginning at a Hickory corner and running South with the last boundary line 86 poles to a large White Oak with old marks on it, thence with the meanders of the lane S 59 1/4 degrees W 18 1/2 poles to a stake on the West boundary line 5 poles North of the beech corner, thence North 155 poles to a gum, thence East 100 poles to the beginning containing by estimation 73 acres, 2 roads and 37 perches.  In testimony whereof we have hereunto affixed our names this 13th of November 1865.
W. A. Whitworth    }
T. A. Taylor            }   Commissioners
John Montgomery  }

(Diagram of dower's plot)


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which report being unexcepted to is in all things conformed by the Court.  It is therefore ordered adjudged and decreed by the Court that all right, title and interest of the heirs of A. Wicks deceased in and to said land be divested out of them and be vested in said Elizabeth Wicks for life, as her Dower in the estate of her late husband.  It is also ordered that the plaintiff pay the costs of these proceedings for which execution may issue. 

Monday morning November 20 1865

Ordered by the Court that George Love be appointed Administrator of all and singular the goods and chattels, rights and credits of the estate of Mary Goostree deceased and thereupon the said George Love and his securities John Fergerson and Thos. R. Love appeared in Open Court and entered into and acknowledged their bond to the State of Tenn. in the penalty of Four Thousand dollars conditioned as the law directs and said Geo. Love was duly qualified.

Ordered by the Court that E. T. Seay be appointed Guardian of Jane F., Mary E., Pattie Anthony in place of B. S. Martin resigned.  And thereupon the said E. T. Seay and

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his securities B. W. Mills and T. H. Joyner appeared in Open Court and entered into and acknowledged their bond to the State of Tennessee in the penalty of Ten Thousand dollars, conditioned as the law directs.

Tuesday morning Nov. 21st 1865

Upon application of Mrs. Julia A. Barker, it is ordered by the Court that Thomas C. Trimble, Jonas Nickelson and J. T. Mills be appointed Commissioners to set apart to the said Julia A. Barker, widow of Henry J. Barker dec'd one year's support for her and family out of the effects on hand and report to this present or next term of the Court.

Ordered by the Court that William C. Knight be appointed Administrator of all and singular the goods and chattels, rights and credits of the estate of James W. Woof deceased and thereupon the said W. C. knight and his securities J. M. Tomkins and H. P. Field appeared in Open Court and entered into and acknowledged their bond to the State of Tennessee in the penalty of Twelve hundred dollars, conditioned as the law directs and said Knight was duly qualified.

Saturday morning, November 25th 1865

J. W. Haynes this day presented in Open Court his commission by the Governor of the State setting forth that on the 25th day of August, 1865, he was duly and constitutionally elected a Justice of the Peace in and for Civil District No. 4 of Sumner County and was thereupon duly qualified.

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Monday morning November 27 1865

Ordered by the Court that J. K. Gant be appointed Administrator of all and singular the goods and chattels, rights and credits of the estate of Benjamin Gant deceased.  And thereupon the said J. K. Gant and his securities Henry Gant and J. A. Gant appeared in Open Court and entered into and acknowledged their bond to the state of Tennessee in the penalty of Two Thousand dollars conditioned as the law directs and said J. K. Gant was duly qualified.

Ordered by the Court that Malaki Fikes, Anderson Cline and Edward Duffer be appointed Commissioners to set apart one year's support for Mrs. Mary Gant out of the provisions of the estate of her deceased husband Benjamin Gant.

Ordered by the Court that Joseph McNeal be appointed Overseer on the Hartsville and Russellville Road commencing at the mouth of Dry Fork on Bledsoe's Creek to the ford of the creek of the Dry fork with Susan Collins with the following list of hands viz, on the lands of F. Rogan, Jno. Sanford, John McNeel, R. C. Ellis, Susan Parker, Richard Parker, Doc James Head, Dr. Jesse Johnson, H. Bullock, Susan Collier, Wm Whiteside, and A. S. Kinnsey.

Tuesday morning November 28th 1865
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An Inventory & Afc. of Sale of the personal property of the estate of Thos. S. Wright dec'd was this day produced in Open Court by the Admr. S. Wright, received by the Court and ordered to be recorded.

Thursday morning Nov. 30th 1865

The Clerk this day presented in Open Court a settlement made with H. H. Perry & H. A. Shaw, Exrs. of James G. Perry dec'd former guardian of Wm. Perry a lunatic which is received by the Court and ordered to be recorded.

James Milligan & wife & others vs. Adeline Sarver & others
This cause is continued to the December Term, at which term the Commissioners appointed to make partition may make their report.

There being no further business before the Court, Court adjourned until Court in course.
S. Heermans, Judge


Sumner County, Tennessee Selected Court Records Index

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