Page 393 Wednesday 5th Jan. 1859. ibid Ordered by the court that Thos. Hickman be appointed overseer of the road from Dumplin Creek near Joshua Cate's to the Strawberry Plaines road near Jas. Caldwell's and he is hereby required to keep said road in lawful repair with the following hands, to wit: Jas. H. Hickman, George Campbell, Thos. Hickman, Charles Snider, Iniard Cate, Alfred Koons, Francis Hancock, Madison Cate, Humphry Hickman & George Pollard. Road 3rd class ibid Ordered by the court that David Wysong be appointed overseer of the road from Cusick's X Roads to Trundles X Roads and he is hereby required to keep said road in lawful repair with the hands on the farm of John Cusick, James Lane's farm, C. Johnson's farm, D. Wysong farm, Wm. Wayland farm, Jas. McCroskey farm and the hands on John Whittle's farm. Road 3rd class ibid Ordered by the court that Henry Sing be appointed overseer of the road from Nations Branch to the ford of Knob Creek at Caroline Delozier's and he is hereby required to keep said road in lawful repair with the hands heretofore assigned and the hands on farm where Alfred Boling lives, the hands on the farm where Butler Tipton lives and the hands on Wm. Latham's farm. Road 2nd class ibid Ordered by the court that Mathew Tarwater be appointed overseer of the road from the East end of the bridge on Gists Creek to the forks of the road near Henry Baker's and he is hereby required to keep said road in lawful repair with the hands heretofore assigned and the hands on Wm. Baker's farm. Road 2nd class ========================================================================== Page 394 Wednesday 5th Jan. 1859 ibid Ordered by the court that Elbert Snapp be appointed overseer of the road from Solomon Andes to Gists Creek and he is hereby required to keep said road in lawful repair with the hands heretofore assigned. Road 2nd class This day the court appointed John T. Havis Standard Keeper and Sealer of Weights and Measures - who appeared in open court and was duly sworn according to law. This day D. M. Ray was appointed to examine and give certificates to applicants for teaching common schools. Ordered by the court that each Justice holding the quarterly courts be allowed two dollars & fifty cents when his name appears in the captive & to the signing the minutes each day of the term. Ordered by the court that Jas. M. Evans be appointed to procure twenty four chairs for the use of the courthouse. Ordered by the court that the sum of five hundred & fifty dollars of the taxes levied for this year be set apart for the purpose of paying the claims of the Superintendent of the poor house. Ordered by the court that S. B. Henderson be appointed to contract for and superintend the putting up of three hundred feet of horse racks and to repair the old ones. Page 395 Wednesday 5th Jan. 1859. ibid Upon the verbal petition of Jas. Johnson it is ordered by the court that P. C. Rawlings, T. Chandler, Calvin Chandler, Lewis Wayland & W. H. Cowan be appointed a jury of view to view and mark out an alteration in the road from the Maryville Road to Jordan Houk's fence and that they report to the next quarterly term of this court. ibid Upon the verbal petition of John Whaley it is ordered by the court that Martin Clabough, Isaac Ogle, Nathaniel King, Elisha Ogle & Thos. I. Ogle be appointed a jury of view to view and mark out an alteration in the road from the first ford of the river below the long ford to Martin Clabough's and that they report to the next quarterly term of this court. This day S. B. Hammer was elected Ranger for Sevier County who came into court and gave bond & security and was duly sworn. Court adjourned until court in course. Isaac Trotter, Chairmam Lemuel Bogart T. Maples Jno. T. Havis S. B. Henderson Joseph Gaut Samuel Mount Elijah Ogle J. H. Cate Thomas Matthews C. Mills D. B. McMahan M. Davis P. S. Shults R. M. Creswell John Whaley C. Johnson J. M. Evans ------------------------------------------------------- Page 396 State of Tennessee ) Sevier County ) Be it remembered that at a County Court began and held for the County of Sevier at the courthouse in Sevierville on the first Monday of February 1859, it being the 7th day of said month, present and presiding the following Justices of the Peace, to wit: Isaac Trotter, Chairman, C. Mills, J. M. Evans, when the following proceedings were had, to wit: Wm. Roberts, overseer of the road from Hugh Blair's to M. Davis, reports to the court that the road viewed east of M. Davis is in good repair and Morgan Davis is authorized to close the old road. ibid Ordered by the court that John Flinn be appointed overseer of the road from Henry Butler's gate to Pigeon Forge and he is hereby required to keep said road in lawful repair with the hands heretofore assigned. Road 2nd class ibid Upon the verbal petition of John Russell it is ordered by the court that David Jones, Andrew Chambers, H. S. Blair, Wm. Felker, M. C. Murphy, Absolum Allen & Wesley Atchley be appointed a Jury of view to view and mark out a 3rd class road from the Flat Creek road between Wesley Atchley & H. S. Blair and terminating at David Jones on the Dandridge road running with or near the old road between said places and that they report to the next quarterly term of this court. This day Berry Williams, a Constable of Sevier County, presented to the court his resignation as such which was accepted by the court. This day B. M. Chandler, Clerk of this court, presented to the court a settlement made with Hiram Bogle, guardian to Joseph & Priscilla Davis; a settlement made with John B. Clark, executor of J. P. H. Clark; a settlement with B. D. Brabson, guardian to Ann E. & J. E. Davis; a settlement with William Atchley, guardian to the minor heirs of Isaac Atchley; a settlement made with Page 397 Monday 7th Feb. 1859. John Russell, Executor of Charles Patterson, decd.; a settlement made with W. H. Trotter, administrator of the estate of H. B. Butler, decd.; a settlement made with L. W. Burn, guardian to W. P. Burn, minor heir of Wilson Burns, decd., all of which is confirmed by the court and ordered to be received. ibid Ordered by the court that L. D. Webb be appointed overseer of the road from the Middle Creek road to the public road near Henry Butler's and he is hereby required to keep said road in lawful repair with the hands heretofore assigned. Road 2nd class ibid Upon the verbal petition of Thos. Lindsey it is ordered by the court that W. F. Nichols, Thos. Atchley, Thos. Lindsey, Jesse Hill, John Lindsey be appointed a jury of view to view and mark out an alteration in the road from the Dandridge road near P. A. Atchley's to the public road near Annanias James and that they report to the next quarterly term of this court. ibid Ordered by the court that Adam Creswell, George Wade & Andrew Pitner be appointed to set apart one years provisions for Rose, widow of McKinsey Rose, decd., and that they report to the next term of this court. ibid Ordered by the court that Aaron Runyan be appointed overseer of the road from the ford of the river above Geo. McCown's to the ford of the river at William Henderson's and he is hereby required to keep said road in lawful repair with the hands heretofore assigned. Road 2nd class ibid Ordered by the court that Preston Ogle be appointed overseer of the road from the Baptist Church to the ford of the creek below James McCarter's and he is hereby required to keep said road in lawful repair with the hands heretofore assigned. Road 3rd class Page 398 Monday 7th Feb. 1859. ibid Ordered by the court that Ephraim Reagan be appointed overseer of the road from a white oak tree above Isaac Ogle's to a walnut tree above D. W. Reagan's shop and he is hereby required to keep said road in lawful repair with the hands heretofore assigned. Road 2nd class ibid Ordered by the court that Philip S. Emert be appointed overseer of the road from Shinbone to Buckhorn and he is hereby required to keep said road in lawful repair with the hands heretofore assigned. Road 2nd class ibid Ordered by the court that Robert Lewis be appointed overseer of the road from the ford of the river at William Henderson's to Trotter's Forge and he is hereby required to keep said road in lawful repair with the hands heretofore assigned. Road 2nd class ibid Upon the verbal petition of William Latham it is ordered by the court that Andrew Rogers, Cromwell Delozier, Andrew Delozier, Elijah Shelby, Alfred Boling & Benj. Tipton, Sr. be appointed a jury of view to view and mark out a 3rd class road from his shop to the Knob road at Andrew Rogers and that they make report to the next quarterly term of this court. ibid Ordered by the court that the road over which Saml. W. Pickens is overseer of be extended to the Elljoy road at the Blount County line and that he be allowed the hands on Richard Reagan's farm and the hands on George Cagle's farm and the hands on Shadrick Boling's farm. Page 399 Monday February 7th 1859. This day Andrew L. Scruggs presented to the court the certificate of the Sheriff of Sevier County of his election to the office of Constable in the 5th District of Sevier County, who gave bond and security as required by law and also took the necessary oath of office which bond is in the following words, to wit: Know all men by these presents that we Andrew L. Scruggs, Basdel Scruggs & Joshua Nichols are held and firmly bound unto the State of Tennessee in the penal sum of four thousand dollars, for the payment of which will and truly to be made we bind ourselves, our heirs, executors and administrators jointly and severally firmly by these presents sealed with our seals and dated this seventh day of February 1859. The condition of the above obligation is such that if the above bound Andrew L. Scruggs who has been elected a Constable of Sevier County for the term of two years from the 5th day of February 1859, shall execute and due return make of all process and precepts by him received in virtue of his said election and pay and satisfy all fees and sums of money by him received or levied by virtue of any process to the person or persons to whom the same may be due and shall well and truly collect all specific taxes, within civil district No. 5 of Sevier County, which by law he is required to collect and pay over to the proper officer authorized by law to receive the same, within the time prescribed by law, and in all other things well and truly and faithfully execute and discharge the several duties of Constable, during his continuance in office then the above obligation to be void, otherwise to be in full force. Signed, sealed and acknowledged A. L. Scruggs (Seal) in open court this 7th Feb. 1859. Basdel Scruggs (Seal) Isaac Trotter, Chairman Joshua Nichols (Seal) Page 400 Monday 7th Feb. 1859. It appearing to the court that George Fox, late of Sevier County, had died intestate and having whilst living goods and chattels, rights and credits, that the court therefore appoints Emanuel Fox & William Fox administrators of said estate who appeared in open court and gave bond in the sum of ten thousand dollars with M. A. Rawlings & Adam Bird as their security, and was duly sworn according to law and thereupon letters of administration issued to the said Emanuel Fox & William Fox which are in the following words & figures, to wit: Know all men by State of Tennessee Sevier County To Emanuel Fox & Wm. Fox, Jr. Greeting Whereas it hath been represented unto us in our County held for the County of Sevier at the Court house in Sevierville, on the first Monday of February 1859, that George Fox, late of Sevier County, had died intestate heaving whilst living and at the time of his death, goods and chattels and credits, the ordering and granting administration whereof doth appertain unto us, and we being desirous that the said goods and chattels, rights and credits may be well and faithfully administered, do grant unto you the said Emanuel Fox & Wm. Fox, Jr. full power by these presents well and truly to collect and to take into your possession all and singular the goods and chattels, rights and credits, which were of the said George Fox, decd., at the time of his death, wheresoever the same may be found hereby requiring you to make cause to be made and returned into our said Court within ninety days, a true and perfect inventory of said goods and chattels, rights and credits, and also to render true and clear account of said administration when thereto required. Witness B. M. Chandler, Clerk of said court at office in Sevierville, the 1st Monday of Feb. 1859. B. M. Chandler, Clk. Page 401 Monday 7th Feb. 1859. It appearing to the court that Elizabeth Allen, late of Sevier County, had died intestate and having whilst living goods and chattels, rights and credits, that the court therefore appoints Absolum Allen, administrator of said estate, who appeared in open court and gave bond in the sum of five hundred dollars, with John Russell & Adam Houk as his security and was duly sworn according to law and thereupon letters of administration issued to the said Absolum Allen which are in the following words & figures, to wit: State of Tennessee, Sevier County To Absolum Allen, Greeting Whereas it hath been represented unto us in our County Court, held for the County of Sevier at the court house in Sevierville on the first Monday of Feb. 1859, that Elizabeth Allen, late of said county, had died intestate having whilst living and at the time of his death, goods and chattels and credits, the ordering and granting administration whereof doth appertain unto us and we being desirous that the said goods and chattels, rights and credits, may be well and faithfully administered do grant unto you the said Absolum Allen, full power by these presents well and truly to collect and to take into your possession all and singular the goods and chattels, rights and credits, which were of the said Elizabeth Allen, deceased, at the time of her death, wheresoever the same may be found hereby requiring you to make or cause to be made and returned into our said court within ninety days, a true and perfect inventory of said goods and chattels, rights and credits, and also to render a true and clear account of said administration when thereto required. Witness B. M. Chandler, Clerk of said court at office in Sevierville the 1st Monday of Feb. 1859. B. M. Chandler, Clk Page 402 Monday 7th Feb. 1859. ibid Upon the verbal petition of H. S. Catlett, it is ordered by the court that Joshua Nichols, Philip Seaton, Aaron Runyan, Alex Mize & Jonathan Mize be appointed a jury of view to view and mark out a road of the 3rd class from Catharine Lawson's to run through the lane below Mrs. Lawson's to intersect the main road near H. S. Catlett's and that they report to the next quarterly term of this court. ibid Upon the petition of J. W. Bowman & others, it is ordered by the court that Wm. M. Bryan, Wesley Huffaker, Saml. Ellis, Henry Whaley, Napolean J. Huffaker, Patrick Henry & J. H. Caldwell be appointed a jury of view to view and mark out a road of the third clap commencing on or near the line between Sevier & Knox counties east of Wm. Bales running eastwardly passing Sinking Spring school house and intersecting the Dumplin road about a mile from Underdown's ferry and that they report to the next quarterly term of this court. ibid Ordered by the court that J. H. Caldwell, Wm. Clifton, William Hickman, William Loyd, George Underwood, Horatio Petty, Elijah Cate, Asher Sellers & F. W. Putman be assigned to work on the road which John Douglass is overseer of. ibid It appearing to the satisfaction of the court that R. B. Floyd is improperly charged with 150 acres of land valued at $50 for the year 1858 it is ordered by the court that he be released from said taxes. ibid Ordered by the court that A. C. Andes be appointed overseer of the road from the forks of Waldens Creek to the ford of the river at W. Henderson's and he is hereby required to keep said road in lawful repair with the hands heretofore assigned. Road 2nd class Page 403 ibid Ordered by the court that Isaac Huskey be appointed overseer of the road from the ford of the river in Emerts Cove to where Thos. Smith lives and he is hereby required to keep said road in lawful repair with the names heretofore assigned. Road 2nd class ibid Upon the verbal of M. Broyles it is ordered by the court that James Rawlings, R. W. Powell, Robt. Woods, William Ridings, A. A. Coulter, R. W. Crowson & Robt. Hatcher be appointed a jury of view to view and mark alterations in the road from the lick on the Dry fork to the gap of the mountain near R. W. Crowson's and that they report to the next quarterly term of this court. ibid Ordered by the court that the hands on N. J. Huffaker's farm and the hands on Wesley Huffaker's farm and the hands on Henry Randles farm be assigned to work on the road over which Henry Smith is overseer of. ibid Ordered by the court that L. D. Trotter be appointed overseer of the road from Big Millican to the Jefferson County line and he is hereby required to keep said road in lawful repair with the hands heretofore assigned. Road 2nd class This day Amos R. Trotter, one of the executors of last will of Saml. Murphy, decd., presented to the court his resignation as such executor, and it appearing to the court that all the heirs of said estate had legal notice of his intention to resign such executorship, it is therefore considered by the court that said resignation be accepted by the court. Caroline Delozier ) vs ) Exceptions filed as to settlement A. & C. Delozier ) Executors of Asa ) Delozier, decd. ) The above cause coming on to be heard and determined by the court and after Page 404 Monday 7th Feb. 1859. hearing the testimony, it is considered by the court that the first exceptions be sustained and the Executors be charged with the note of $764 on themselves with interest. That the second exceptions be sustained and that they be charged with the sum of $23.60 cts. received from Jo Lusk as shown by the testimony of said Lusk. That the third exception be disallowed. That the fourth exceptions be sustained and that they be charged with $530 cts. costs recd. from M. W. McCown, Clk. of the Circuit Court. That the fifth exceptions be sustained and that the executors be charged with $19.09 cts., costs due the estate in the suit of Tipton Administrator & vs. W. C. Pickens. That the sixth exceptions be sustained and that they be allowed a credit of $13.95 cts., money paid to E. Shelby instead of $16.60 cts. as credited in this settlement. That the seventh exception be disallowed. It is therefore considered by the court that the said Andrew Delozier & C. Delozier pay the costs arising out of this proceeding for which execution is awarded. Ordered by the court that Wm. H. Trotter, J. C. Murphy, R. H. Hodsden, N. W. Emert, J. B. Emert, Wm. J. Trotter & C. Mills be appointed commissioners to adopt a plan & let out the building of a bridge across Little Pigeon River at the forge which is to be built under a subscription. ibid Ordered by the court that William Baker be assigned to work on the road over which Laban Jenkins is overseer of. Court adjourned until court in course. Isaac Trotter, Chairman Curtis Mills J. M. Evans Page 405 State of Tennessee ) Sevier County ) Be it remembered that at a County Court began and held for the County of Sevier at the court house in Sevierville on the first Monday of March 1859, it being the 7th day of said month, present and presiding the following Justices of the Peace, to wit: Isaac Trotter, Chairman, C. Mills & Jas. M. Evans, when the following proceedings were had, to wit: Benjamin Langston & wife ) & Jas. Atchley by his Guardian ) vs ) Decree The heirs of Wm. Atchley, decd. ) On this 7th day of March came on the above cause for further hearing before the County Court of Sevier County upon the pleadings, proofs and clerks report, which report is in all things confirmed, from all which it appears to the court that the value of said shares of said land is about four hundred dollars per share and that the rents and profits would be about ten dollars per share and that it would be to the manifest interest of said petitioners to have their shares and interest in said land sold. The court is therefore pleased to order adjudge and decree the Clerk of this court after he shall have advertised the time and place of sale according to law, shall proceed to sell said shares of said land mentioned in the petition to the highest bidder at the court house door in Sevierville upon a credit of nine months, the purchaser giving bond and good security for the purchase money and a lien to be retained on upon said shares of said land until the purchase money is paid and that said shares of said land shall not be sold for a less amount than four hundred dollars per share and that he report to the next May term of this court. This day M. W. McCown, Deputy Clerk of this court, presented to the court a settlement with Willis Leatherwood, guardian to Wm. Huffts, decd., heirs which settlement was confirmed by the court and ordered to be recorded. Page 406 Monday 7th March 1859. ibid It appearing to the satisfaction of the court that Levi Fancher is improperly charged with a poll tax for the year 1858 it appearing to the court he is under twenty one years of age it is ordered by the court that he be released from said poll tax. ibid It appearing to the satisfaction of the court that George Fan is improperly charged with a poll tax for the year 1858 he having left said county before said year, it is ordered by the court that he be released from said poll tax. ibid It appearing to the satisfaction of the court that Alexander Cummings, Administrator, is improperly charged with one tract of land valued at $300 for the year 1858, there being no such land in this county, it is ordered by the court that he be released from said taxes. ibid It appearing to the satisfaction of the court that Thos. Vanhozer is improperly charged with a tract of land valued at $500 for the year 1858, it appearing to the court said land lies in Jefferson County, it is ordered by the court that he be released from said taxes. ibid It appearing to the satisfaction of the court that David Fox is improperly charged with a poll tax for the year 1858 it appearing to the court he was taxed in two districts, it is ordered by the court that he be released from said poll tax. ibid It appearing to the satisfaction of the court that John Murphy is improperly charged with a poll tax for the year 1858 it appearing to the court that he had served as an overseer of a public road for twelve months previous, it is ordered by the court that he be released from said poll tax. Page 407 Monday 7th March 1859. ibid It appearing to the satisfaction of the court that Jas. H. Murphy is charged with a poll tax for the year 1858 it appearing to the court that he had left said county previous to said year, it is ordered by the court that he be released from said poll tax. ibid It appearing to the satisfaction of the court that W. P. Tipton is improperly charged with a poll tax for the year 1858 it appearing to the court that there is no such man in said county, it is ordered by the court that he be released from said poll tax. ibid It appearing to the satisfaction of the court that John Douglass is improperly charged with a poll tax for the year 1858 he being a minister of the Gospel, it is ordered by the court that he be released from said poll tax. ibid It appearing to the satisfaction of the court that Wilson Davis is improperly charged with a poll tax for the year 1858 he having left said county previous to said year, it is ordered by the court that he be released from said poll tax. ibid It appearing to the satisfaction of the court that Thomas Johnson & others is improperly charged with a tract of land valued at $500 for the year 1858 it appearing to the court said land is wrongfully taxed, it is ordered by the court that they be released from said taxes. ibid It appearing to the satisfaction of the court that Eli Cook is improperly charged with a poll tax for the year 1858 he having left said county previous to said year, it is ordered by the court that he be released from said poll tax. ibid It appearing to the satisfaction of the court that Eli Baker is improperly charged with a poll tax for the year 1858 he being wrongfully taxed, it is ordered by the court that he be released from said poll tax. Page 408 It appearing to the satisfaction of the court that James Hester is improperly charged with a poll tax for the year 1858 he having left this county previous to said year, it is ordered by the court that he be released from said poll tax. It appearing to the satisfaction of the court that Washington Bettins? is improperly charged with a poll tax for the year 1858 there being no such man in this county, it is ordered by the court that he be released from said poll tax. This day Joshua Nichols presented to the court a commission from the Governor of his election as Justice of the Peace who appeared in open court and was duly sworn. ibid Upon the verbal petition of Saml. McMahan it is ordered by the court that Blackburn Jones, John W. Rineheart, McNulty McMahan, James Meniss, Thos. W. McMahan & Hugh Rineheart be appointed a jury of view to change the public road from the lower end of the Huff field to the upper end of the same so as to run on the left side of the same and that they report to the next quarterly term of this court. ibid Ordered by the court that Gilbert Ogle & Samuel Watson be assigned to work on the road over which Robt. Conner is overseer of. ibid Upon the petition of Jas. H. McCroskey & others it is ordered by the court that Jas. M. Sharp, Harvey Keener, Tim Chandler, Jas. Johnson, Harvey Rambo, W. H. Cowan & P. C. Rawlings be appointed a jury of view to view and mark out a road of the 3rd clap commencing at or near Harvey Rambo's stock yard on the knob road thence on the line of Lewis Wayland & Calvin Chandler, intersecting the Brabson ferry road at or near Lewis Wayland's shop and that they report to the next quarterly term of this court. Page 409 Monday 7th March 1859. This day the commissioners heretofore appointed to lay off a years support to the widow of McRose, decd., made their report which is confirmed by the court. ibid Ordered by the court that Lafayett McCarter be appointed overseer of the road from the middle of the long ford to the ford of the river at Martin Clabough's and he is hereby required to keep said road in lawful repair with the hands heretofore assigned. Road 2nd class ibid Ordered by the court that Harrison Rudd be appointed overseer of the road from the forks of the road at Hugh Blair's to Morgan Davis and he is hereby required to keep said road in lawful repair with the hands heretofore assigned and the hands on M. Davis farm. Road 2nd class ibid Ordered by the court that Wm. Huff be appointed overseer of the road from the forks of the road at John Large's to the Cocke County line and he is hereby required to keep said road in lawful repair with the hands heretofore assigned. Road 2nd class This day Sanders McMahan presented to the court the certificate of the Sheriff of Sevier County of his election to the office of Constable in said County of Sevier who gave bond and security as required by law and also took the necessary oath of office which bond is in the words and figures, to wit: Know all men by these presents that we Sanders McMahan, G. N. McMahan & Anderson Williams are held and firmly bound unto the State of Tennessee in the penal sum of four thousand dollars for the payment of which well and truly to be made we bind ourselves, our heirs, executors and administrators jointly and severally, firmly by these presents, sealed with our seals and dated this seventh day of March 1859. The condition of the above obligation is such that if the above bound Sanders McMahan who has been elected a Constable of Page 410 Monday 7th March 1859. of Sevier County for the term of two years from the 5th day of March 1859, shall execute and due return make of all process and precepts by him received in virtue of his said election and pay and satisfy all fees and sums of money by him received or levied by virtue of any process to the proper person or persons to whom the same may be due and shall well and truly collect all specific taxes within Civil District No. 1 of Sevier County which by law he is required to collect and pay over to the proper officer authorized by law to receive the same within the time prescribed by law and in all other things well and truly and faithfully execute and discharge the several duties of Constable during his continuance in office, then the above obligation to be void otherwise to be in full force. Signed & acknowledged in ) Sanders McMahan (Seal) open court this 7th March ) Anderson X Williams (Seal) 1859 & approved by the ) (his mark) Court ) George N. McMahan (Seal) Isaac Trotter, Chairman (his mark) This day Benjamin Atchley, guardian to the minor heirs of Thos. Atchley, decd., came into court and renewed his bond with John W. Atchley as his security. This day Spencer Benson came into open court and entered into bond as guardian to J. W., S. W. & N. A. Benson in the sum of three hundred dollars with David McMahan as his security and was duly sworn. Barbara Howard ) vs ) Petition for Dower The heirs at Law of ) Mathew Howard, decd. ) This day the above named petition was filed and it not appearing that Madison Howard, Lewis Howard, Saml. McMahan, Patsy McMahan, John Fraim have notice of the filing the same, it is ordered by the court that the Page 411 Monday 7th March 1859. The clerk of this court issue subpoenas to answer with a copy of said petition returnable to the next term of this court. ibid Upon the verbal petition of Winston Carter it is ordered by the court that Winston Carter, J. S. Trotter, M. W. Shields, Basdel Scruggs & A. Wynn be appointed a jury of view to view and mark out an alteration in the road from the ford of the river at Wm. Henderson's to Pigeon Forge and that they make report to the next quarterly term of this court. ibid Ordered by the court that Jas. P. McMahan be appointed overseer of the road from the forks of the road above H. M. Thomas to Fowlers X Roads and he is hereby required to keep said road in lawful repair with the hands heretofore assigned. Road 2nd class ibid Ordered by the court that W. E. Hodges and the hands on his farm and the hands on H. G. Hodges farm and the hands on John Randles farm and the hands on Milton A. Hanes farm be assigned to work on the road which William W. Randles is overseer of. ibid Ordered by the court that T. A. Covington be appointed overseer of the road from Brabson's Ferry to Henrys X Roads and he is hereby required to keep said road in lawful repair with the hands heretofore assigned. Road 2nd class ibid Upon the verbal petition of John McCroskey, it is ordered by the court that Calvin Chandler, Timothy Chandler, John W. Johnson, Jas. C. Johnson, Simon Johnson, Jas. M. Cowan & W. H. Cowan be appointed a jury of view to view and mark out an alteration in the road from John McCroskey's house to the Maryville road and that they report to the next quarterly term of this court. Page 412 Monday 7th March 1859. ibid Ordered by the court that Isaac Breeden by appointed overseer of the road from the mouth of Wilhite Creek to George Hurst, Sr. and he is hereby required to keep said road in lawful repair with the hands heretofore assigned. Road 3rd class ibid Ordered by the court that John Headrick be appointed overseer of the road from Crowson's Mill creek at the school house to the Blount County line and he is hereby required to keep said road in lawful repair with the hands heretofore assigned. Road 2nd class ibid Upon the verbal petition of David Gibson, it is ordered by the court that John Rule, Saml. Rule, Marion Tipton, Mathew Tarwater & John Baker be appointed a jury of view to view and mark out a road of the 3rd class from David Gibson's to the Gists Creek road near Saml. Rules and that they make report to the next quarterly term of this court. ibid Ordered by the court that the hands on John Wells farm be assigned to work on the road which Elijah Shelby is overseer of. This day B. M. Chandler, Clerk of this court, presented to the court a settlement made with Andrew & Cromwell Delozier, Executors of the estate of Asa Delozier, decd.; a settlement made with L. W. Burn, guardian to W. P. Burn; a settlement with Henry Ogle, Executor of W. Ogle, decd.; a settlement with W. A. McNutt, guardian to Benj. S. Davis, all of which is confirmed by the court and ordered to be recorded. ibid Ordered by the court that Jacob Keller be assigned to work on the road which Benj. Clark is overseer of. Page 413 Monday 7th March 1859 ibid Ordered by the court that John Latham, Jr. be appointed overseer of the road from the Knob road at Andrew Rogers to the ford of the branch west of the John Cagle farm and he is hereby required to keep said road in lawful repair with the hands on the farm where Butler Tipton lives the hands on the farm where Geo. Sing lives. Road 3rd class Court adjourned until court in course. Isaac Trotter, Chairman C. Mills J. M. Evans Page 414 State of Tennessee ) Sevier County ) Be it remembered that at a County Court began and held for the County of Sevier at the courthouse in Sevierville on the 1st Monday of April 1859 it being the 4th day of said month. Present and presiding the following Justices of the Peace, to wit: Isaac Trotter, Chairman, D. B. McMahan, Thos. Mathes, P. S. Shults, N. M. Baker, L. Bogart, J. T. Havis, C. Mills, Joshua Nichols, S. B. Henderson, H. B. Baker, R. W. Crowson, M. Davis, R. M. Creswell, S. W. Randles, J. M. Evans, C. Johnson, J. Whaley, E. Ogle. This day James D. Lawson came into open court and having been duly elected Revenue Collector for Sevier County for the year 1859 by the County Court at the January term 1859, and entered into bonds with good and sufficient security and took the necessary oaths of office which bonds are in the following words and figures, to wit: State of Tennessee ) Sevier County ) Know all men by these presents that we James D. Lawson, R. W. Crowson, William Burns & Ashley Wynn All of the county and state aforesaid are held and firmly bound unto the State of Tennessee in the penal sum of five thousand dollars for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, jointly and severally firmly by these presents signed with our names and sealed with our seals and dated this 4th day of April 1859. The condition of the above obligation is such that whereas the above bound James Lawson was duly elected Revenue Collector for said county by the County Court of said county on the 1st Monday of January 1859 for the collection of the state and county revenue for the year 1859. Now if the said James D. Lawson shall well and truly collect all state revenue which he is authorized and bound by law to collect and pay the same into the Treasury of the State of Tennessee or into the hands of such person or persons as are authorized by law to received the same, then this obligation to be void, otherwise to remain in full force and virtue. Signed, sealed and ) James D. Lawson (Seal) acknowledged in ) R. W. Crowson (Seal) open court ) William C. Barns (Seal) Isaac Trotter, Chairman Ashley Wynn (Seal) Page 415 I do solemnly swear that I will faithfully collect and account for all taxes for my County or course the same to be done according to law and the best of my judgment and that I will use all lawful means in my power to find out such property as may not have been assigned for taxation in my county and return a list of the same to the Clerk of the County Court so help me God. Sworn to before me & ) James D. Lawson subscribed this 5th day of ) April 1859. ) B. M. Chandler, Clk. ) State of Tennessee ) Sevier County ) Know all men by these presents that we James D. Lawson, R. W. Crowson, W. C. Burns & Ashley Wynn All of the county and state aforesaid are held and firmly bound unto the State of Tennessee in the penal sum of ten thousand dollars for the payment of which well and truly to be made we bind ourselves, our heirs, executors & administrators jointly and severally firmly by these presents, signed with our names and sealed with our seals and dated this 4th day of April 1859. The condition of the above obligation is such that whereas the above bound James D. Lawson was duly elected Revenue Collector for said county on the 1st Monday of January 1859 for the collection of the state and county revenue for the year 1859, now if the said James D. Lawson shall well and truly collect all county revenue and revenue for poor purposes which he is authorized and bound to collect and pay the same into the hands of the County Trustee or such other person or persons as are by law authorized to receive the same, then this obligation to be void otherwise to remain in full force and virtue. Signed, Sealed and ) James D. Lawson (Seal) acknowledged in open ) R. W. Crowson (Seal) court ) W. C. Burns (Seal) Isaac Trotter, Chairman Ashley Wynn (Seal) Page 416 Monday 4th April 1859. I do solemnly swear that I will faithfully collect, account for and pay into the County Treasury all the county taxes or cause the same to be done according to law and the best of my judgment and that I will use all lawful means in my power to find out such property as may not have been listed for taxation in my county and return a list of such property to the Clerk of the County Court, so help me God. Sworn to before me & ) James D. Lawson subscribed this 4th day of ) April 1859. ) B. M. Chandler, Clk. ibid Ordered by the court that Ezekiel Conatser be appointed overseer of the road from the ford of the branch at Vance Newman's to the widow Layfolletts field and he is hereby required to keep said road in lawful repair with the hands heretofore assigned. Road 2nd class ibid Ordered by the court that Reece Underdown be appointed overseer of the road from Underdowns Ferry to the Knox County line and he is hereby required to keep said road in lawful repair with the hands heretofore assigned. Road 2nd class ibid Ordered by the court that the hands on the farm that Ezekiel Haggard lives on be assigned to work on the road over which Alexander Palmer is overseer of. Page 417 Monday 4th April 1859. A legal number of the Justices of the Peace being present and presiding, therefore it is ordered by the court that the following allowances be made payable out of the county tax in the hands of the Trustee, not otherwise appropriated, to wit: To Marion Tipton 1 Red Fox scalp 1.00 To Elijah Shelby 1 Red Fox scalp 1.00 To Stephen Huff 1 Red Fox scalp 1.00 Brice McFalls Const. summoning & swear in 2 Juries of view 2.00 A. L. Scruggs Const. summoning & swear in 3 Juries of view 3.00 Jas. McMurry Const. summoning & swear in 2 Juries of view 2.00 Lem Duggan Shff. costs in suit with the Justices of Knox County 29.25 W. M. Rawlings Dr. costs in suit with Justices of Knox County 13.00 M. W. McCown costs for taking Depositions in the suit with Knox County 6.00 R. M. Creswell costs in suit with Knox County 75 Thos. Bryan costs in suit with Knox County 75 Wesley Huffaker costs in suit with Knox County 75 N. G. Hodges costs in suit with Knox County 75 John Mullendore costs in suit with Knox County 75 Wm. Mills costs in suit with Knox County 75 John Wills 1 Red Fox scalp 1.00 Yett & Brother for buckets, candle sticks &c furnished court house 3.10 Lewis Wayland for ware & work on tools for road which Edonijah Thomas purchased 4.57 Anderson Bowers making office for Tobitha Nichols 3.00 John Kear superintendent of poor house for 1st gr. of 1859 from 1st Jan. 1859 to 31 March 1859 for keeping 8 paupers 85.00 Trotter & Emert for power furnished overseer of road 1.50 Page 418 Monday 4th April 1859. ibid This day William Huskey presented to the court the scalps of five wild cat scalps which it is proven to the satisfaction of the court that they was killed in Sevier County, it is ordered by the court that he receive a certificate which shall be recd. in payment of five poll taxes. ibid This day Arthur McFalls presented to the court a wild cat scalp which it is proven to the satisfaction of the court that it was killed in Sevier County it is ordered by the court that he receive a certificate which shall be received in payment of a poll tax. ibid Ordered by the court that Robert Marshall be appointed overseer of the road from the forks of the road above H. M. Thomas to Henry Butler's gate and he is hereby required to keep said road in lawful repair with the hands heretofore assigned. Road 2nd class ibid Ordered by the court that D. M. Ray be appointed overseer of the road from the Bridge at the end of the X street at Sevierville to the ford of the river above George McCown's and he is hereby required to keep said road in lawful repair with the hands heretofore assigned. Road 2nd class ibid Ordered by the court that Mathew Gipson be appointed overseer of the road from the head of Joseph Compton's lane to the ford of the creek at Henry Baker's and he is hereby required to keep said road in lawful repair with the hands heretofore assigned. Road 2nd class ibid Ordered by the court that John Clark be appointed overseer of the road from the forks of the road at Saml. Cusick's to the mouth of James Clark's lane and he is hereby required to keep said road in lawful repair with the hands heretofore assigned. Road 2nd class Page 419 Monday 4th April 1859. The jury of view heretofore appointed to view and change the public road from the lower end of the Huff place to the upper end of the same make the following report, to wit: We the undersigned jury of view after being duly sworn according to law have gone on to view and mark out said alterations as follows: leaving the old road at or near a white oak at the west end of the Huff farm and running the north side of the branch above the house there on the south side of the north fence to the east end of the Huff farm leaving plenty of room to make a good road, all of which is respectfully submitted March 10th 1859. Blackburn Jones J. W. Rineheart T. W. McMahan H. M. Rineheart McNulty McMahan James Manis which said report is in all things confirmed by the court. The Jury of view heretofore appointed to view and mark out a road beginning at the river road on the west fork of Little Pigeon at the mouth of the Ferring Spring branch make the following report, to wit: We the undersigned being appointed & sworn to determine the propriety of making a public road beginning at the first ford of the west fork of Little Pigeon below the mouth of the Ferring Spring branch to Thos. Helton's do report to the court that in our opinion said road ought to be made 3rd clap. Wm. Clabough Elisha Ogle David Binge N. W. King Jas. Maples which said report is in all things confirmed by the court. The jury of view heretofore appointed to view and mark a road of the 3rd class from the Flat Creek road between Wesley Atchley's & H. S. Blair's and terminating at David Jones on the Dandridge road made the following report, to wit: We the undersigned being duly summoned and sworn Page 420 Monday 4th Apr. 1859. according to law to act as a jury of view proceeded as follows: beginning at the Flat Creek Road below H. S. Blair's running with and near the old road marking the alterations and further report said road to be of sufficient utility for the court to appoint an overseer & hands. Wm. Felker M. C. Murphy H. S. Blair D. Jones A. Allen which report is confirmed by the court. It appearing to the satisfaction of the court that Moses Allen is unable to do manual labor, it is therefore ordered by the court that he be released from working on public roads. The jury of view heretofore appointed to view and mark out a road of the third clap from Catharine Lawson, to run through the land below Mrs. Lawson's to intersect the main road near H. S. Catlett's made the following report, to wit: We the undersigned jury of view after being duly sworn according to law have proceeded to mark out an alteration in said road as follows, beginning at the mouth of the lane below Mrs. Lawson's house and running with said lane to the end of it thence with or near Henry Catlett's fence intersecting with the old road at or near the corner of Henry Catlett's field, all of which is respectfully submitted this 11th day of March 1859. Joshua Nichols Philip Seaton A. A. Runyan, Jr. Wm. A. Mize Jonathan Mize which report is confirmed by the court. Page 421 Monday 4th April 1859 ibid This day James Hedrick presented to the court the scalps of two wild cats which it is proven to the satisfaction of the court was killed in Sevier County, it is ordered by the court that he receive a certificate which shall be received in payment of two poll taxes. ibid This day John Hedrick presented to the court the scalp of one wild cat which it is proven to the court that it was killed in Sevier County, it is ordered by the court that he receive a certificate which shall be received in payment of a poll tax. The jury of view heretofore appointed to view and mark out a road from Joshua Patty's to the county line between the counties of Sevier and Blount make the following report, We the undersigned being appointed & duly sworn to view & determine the propriety of making a public road commencing at Joshua Patty & running with or near the old trace to the creek on the other side of the Indian graves then up the branch opposite the low gap thence up into the low gap to the county line do report to the Honorable court that in our judgment said road ought to be made a 3rd class road. A. C. B. Nichols Adempsy Maples W. M. Fox John Sutton William McLoughlin which report is confirmed by the court. The Jury of view heretofore appointed to view and mark alterations in the road from the lick on the dry fork to the gap of the Mountain near R. W. Crowson's make the following report, to wit: Jury met and being duly sworn viewed and laid off commencing at a lick on the dry fork turning to the right and crossing the old road to the left, an running to the first low gap on the mountain then crossing the old road then with the meander of the ridge to the old road then with the old road to the top of the said hill turning to the right to branch and then with the old road to Rowland's and then leave the creek and run with the meanders of the ridge to the old road to the second Page 422 Monday 4th April 1859 crossing of the creek then turning to right with the meanders of the ridge to the third crossing of the creek and then with old road to Robert Hatcher's and then with the trail to the creek then in the creek to a point on the ridge on the right side of the creek with the foot of the ridge to John Robert's lane then with the old road to the creek then turning out the left hand of the creek to the top of Cove Mountain near R. W. Crowson's. J. H. Rowland R. W. Crowson W. R. Powell Wm. Ridens Robt. Hatcher A. A. Coulter said report is in all things confirmed by the court. The Jury of view heretofore appointed to view and mark out a road of the third class beginning at the road near Elijah Shelby's running with or near the path to intersect the Knob road near Cromwell Delozier's make the following report, to wit: State of Tennessee, Sevier County, Feb. 25th 1859 We a Jury of view being duly summoned & sworn to view and mark out a 3rd class road do make the following report, leave the Knob road at the west end of E. Shelby's lane crossing the branch running with or near the old trail intersecting the old road near Cromwell Delozier's. A. Rogers Cromwell Delozier Wm. Latham A. Delozier Henry Sing said report is in all things confirmed by the court and the petitioners to make said road. The Jury of view heretofore appointed to mark out a 3rd class road from Wm. Latham's shop to the Knob Road at Andrew Rogers make the following report, to wit: Page 423 Monday April 4th 1859 State of Tennessee, Sevier County, Feb. 25th 1859. We a jury of view being duly sworn and summoned to view and mark out a 3rd class road do report as follows, commencing at Wm. Latham's shop running down the branch through A. Rogers farm intersecting the Knob Road near A. Rogers. Benj. Tipton E. Shelby C. Delozier A. Delozier A. Rogers A. Boling the said report is in all things confirmed by the court. Barbary Howard ) vs ) Petition for Dower The Heirs of Mathew ) Howard, decd. ) On motion of Jno. Fraim one of the defts. by attorney he has time to answer at the next term of this court. It appearing to the court that Joseph Chandler, late of Sevier County, had died intestate and having whilst living goods and chattels, rights & credits, that the court therefore appoints Calvin Johnson administrator of said estate, who appeared in open court and gave bond in the sum of Two hundred dollars which J. M. Evans & Andrew Cusick as his security and was duly sworn according to law and therefore letters of Administration issue to the said Calvin Johnson which are in the following words & figures, to wit: State of Tennessee ) Sevier County ) To Calvin Johnson, Greeting Whereas it hath been represented unto us in our County Court held for the County of Sevier at the court house in Sevierville on the 1st Monday of April 1859, that Joseph Chandler, late of Sevier County, had died intestate having whilst living and at the time of his death, goods and chattels, Page 424 Monday 4th April 1859. and credits, the ordering and granting administration whereof doth appertain unto us and we being desirous that the said goods and chattels, rights and credits, may be well and faithfully administered, do grant unto you the said Calvin Johnson full power by these presents, well and truly to collect and to take into your possession all and singular the goods and chattels, rights and credits, which were of the said Joseph Chandler, deceased, at the time of his death, wheresoever the same may be found hereby requiring you to make or cause to be made and returned into our said court within ninety days, a true and perfect inventory of said goods and chattels, rights and credits, and also to render a true and clear account of said administration where thereto required. Witness B. M. Chandler, Clerk of said court at office in Sevierville the 1st Monday of April 1859. B. M. Chandler, Clk. This day an instrument of writing purporting to be the last will and testament of Wesley Bodine, decd., was presented to the court for probate and thereupon came H. S. Blair, one of the subscribing witnesses to said will, who after being duly sworn depose and say that the said will was executed by the said Wesley Bodine in his presence in Sevier County on the day it bears date, in his life time, and that at the time said will was executed by the said Bodine, he was of sound mind, and it appeared to the court that Samuel Blair, the other witness to said will, was not now present. A legal number of the Justices of the Peace being present and voting, therefore it is ordered by the court that the order made at the last January term of this court assessing the taxes for the year 1859 be rescinded and set aside the same not being in conformity with the law. Page 425 Monday 4th April 1859. A legal number of the Justices of the Peace being present and voting, therefore it is ordered by the court that the following taxes be assessed and levied for the County of Sevier for the year 1859, to wit: For ordinary county purposes on the hundred dollars worth of taxable property, twelve and fifteen sixteenths cents and twenty five cents on each poll for county purposes. That a county tax of the amount of the state tax be levied on the privilege of exhibiting shows, hawking & peddling race tracts and the retail of spirituous liquors, and on all other privileges half the amount of the state tax. That a tax of twenty four cents on the hundred dollars worth of taxable property be levied for the purpose of paying off the debt against the county towards the building of the old court and extensions to the present courthouse. ibid It appearing to the satisfaction of the court that John Keeler is improperly charged with the taxes on 175 acres of land valued at $250 for the year 1858 it appearing to the court he did not own that amount of land, it is ordered by the court that he be released from said taxes. ibid It appearing to the satisfaction of the court that Rueben Hatcher is improperly charged with the taxes on 300 acres of land valued at $150 for the year 1858 it appearing to the court that said land is taxed twice, it is ordered by the court that he be released from said taxes. ibid A legal number of the Justices being present and voting, therefore it is ordered by the court Hugh B. Baker & William be allowed six dollars for a wolf scalp over four months old payable out of the State Treasury in the hands of the Treasurer of the State, not otherwise appropriated, killed in Sevier County. Page 426 Monday 4th April 1859. ibid Ordered by the court that the following good and lawful men, citizens of Sevier County, be summoned by the Sheriff to attend as jurors at a Circuit Court to be held for Sevier County at the courthouse in Sevierville on the third Monday of July next, to wit: 1st Dist. David Proffitt, James Rowland 2nd Dist. Jacob Evans 3rd Dist. J. C. Atchley, Henry Houk 4th Dist. Robert Atchley, S. A. Dicky 5th Dist. John Mitchell, Basdill Scruggs, C. Mills 6th Dist. R. W. Crowson, Hugh B. Baker 7th Dist. Samuel Pate, John Lindsey, Jr. 8th Dist. L. D. Alexander, I. N. Underwood 9th Dist. G. W. Johnson, Harvey Rambo, R. M. Creswell 10th Dist. Wm. Haggard, Adanijah Thomas 11th Dist. Danl. W. Reagan, Eli Williams 12th Dist. Henry S. Smith & Jas. K. Franklin And that Langston Cunningham, a Constable, be summoned to attend on the court and that A. L. Scruggs, a Constable, be summoned to attend on the Grand Jury. ibid Ordered by the court that James A. More be appointed overseer of the road from John Chandler's to near Clarks Mill and he is hereby required to keep said road in lawful repair with the hands heretofore assigned. Road 3rd class ibid Ordered by the court that the hands on the farm where Collen Warren lives and the hands on Jas. Clark's farm where Henry Baker lives be assigned to work on the road over which James A. Moore is overseer of. ibid Ordered by the court that B. J. Tipton, S. W. Randles & Wm. Wayland be appointed to set apart one years provisions for Catharine Chandler & family, widow of Joseph Chandler, decd. Page 427 Monday 4th April 1859. The Jury of view heretofore appointed to view and mark out an alteration in the road from the Sevierville Road at Wm. Etherton's to the Flat Creek Road make the following report, to wit: We the undersigned jurors of review after being duly sworn according to law, do report as follows, to wit: that we met and laid out said road according to the order of the court leaving the old road at the head of the lane between S. H. Blair & C. Patterson, then with the line across the creek opposite a little sycamore, thence straight to a road, all of which is respectfully submitted to your worship. John Layman Cornelius Patterson M. C. Murphy Absolum Allen O. P. Jenkins said report is in all things confirmed. ibid A legal number of the Justices of the Peace being present and voting, therefore it is ordered by the court that Saml. Henry be allowed ninety five dollars balance due him on a claim towards the building of the old court house out of any money in the hands of the Trustee not otherwise appropriated, the vote on said allowance being as follows, those voting for it were Bogart, Henderson, David, McMahan, N. B. Baker, Whaley, Evans, Creswell, Mathis, N. M. Baker, Shults & Ogle. Those voting against said claim were Randles, Johnson, Mills, Nichols & Havis. ibid Ordered by the court that Antipass Thomas be appointed overseer of the road from Elijah Ballard's to near Jonathan Johnson's, and he is hereby required to keep said road in lawful repair with William Rackard & James Thomas. Road 3rd class Page 428 Monday 4th April 1859. ibid It appearing to the satisfaction of the court that Antipass Thomas is improperly charged with a poll tax for the year 1858 he having served as an overseer of a public road for twelve months previous, it is ordered by the court that he be released from said poll tax. This day the court proceeded to bind out Rachel Thomas, a poor child, to Charles Rafter until she attains the age of eighteen years, her present age being eleven years, upon the following terms, to wit: he is to give her 18 months of schooling, one cow & calf, one feather bed, bed stead & furniture & suitable clothing when she entered into bond with Jas. Baker as his security. This day D. M. J. Emert presented his resignation as a Constable of Sevier County, which was received. ibid This day Elisha Ogle presented to the court a wild cat scalp which is proven to the satisfaction of the court that it was killed in Sevier County, it is ordered by the court that he receive a certificate which shall be received in payment of a poll tax. This day T. A. Howard presented the certificate of Thos. Cate, Sheriff of Sevier County, of his election to the office of Constable in said County of Sevier, who gave bond and security as required by law, and also took the necessary oaths of office which bond is in the following words and figures, to wit: Know all men by these presents that we Tillman A. Howard, Jas. Baker, Calvin Fox & Carroll Shrader are held and firmly Page 429 Monday 4th April 1859 bound unto the State of Tennessee in the penal sum of Four thousand dollars for the payment of which well and truly to be made, we bind ourselves, our heirs, Executors and administrators, jointly and severally, firmly by the these presents sealed with our seals and dated this fourth day of April 1859. The condition of the above obligation is such that if the above bound Tillman A. Howard, who has been elected a Constable of Sevier County for the term of two years from the first Saturday in March 1859, shall execute and due return make of all process and precepts by him received in virtue of his said election and pay and satisfy all fess and sums of money by him received or levied by virtue of any process to the person or persons to whom the same may be due and shall well and truly collect all specific taxes within Civil District No. 3 of Sevier County which by law he is required to collect and pay over to the proper officer authorized by law to receive the same within the time prescribed by law and in all things well and truly and faithfully execute and discharge the several duties of Constable during his continuance in office, then the above obligation to be void, otherwise to be in full force. Signed and acknowledged ) T. A. Howard (Seal) in open court ) James Baker (Seal) Isaac Trotter, Chairman Calvin Fox (Seal) Carroll Shrader (Seal) Court adjourned until tomorrow morning at 8 o'clock. Thomas Matthews Isaac Trotter, Chairman R. M. Creswell Jno. T. Havis M. Davis N. M. Baker J. M. Evans Lemuel Bogart Joshua Nichols C. Mills H. B. Baker J. W. Randles Elijah Ogle John Whaley D. B. McMahan Philip S. Shults C. Johnson Page 430 Tuesday 5th April 1859. Court met pursuant to adjournment present and presiding the following Justices of the Peace, to wit: Isaac Trotter, Chairman, D. B. McMahan, Thos. Mathis, P. S. Shults, L. Bogart, N. M. Baker, J. T. Havis, C. Mills, Joshua Nichols, H. B. Baker, M. Davis, Jo. Gaut, S. Mount, S. W. Randles, R. M. Creswell, C. Johnson, J. M. Evans, John Whaley, E. Ogle & J. H. Cate. The Jury of view heretofore appointed to view and mark out an alteration in the road from John McCroskey's to the Maryville Road make the following report, to wit: We the undersigned Jury of view being appointed, summoned and sworn to view and make alterations on the within road met and proceeded to the duties assigned as do make the following report, beginning at the end of John McCroskey's lane near the spring, thence with the road passing Jordan Houk's house, thence with the old road to the line of John McCroskey & Jonathan Johnson, thence with said line as heretofore marked out to the old road, thence with the old road to the Maryville Road, all of which is respectfully submitted to the next quarterly term of the County Court, given under our hands, this 1st day of April 1859. Calvin Chandler John W. Johnson Tim Chandler J. M. Cowan W. H. Cowan report confirmed by the court. The report of the Jury of view heretofore made to mark out a road of the 3rd class commencing near the line of Knox & Sevier County, east of W. Bales to the Dumplin Creek, was presented to the court and the action of the court upon said report is continued until the next quarterly term of this court. Page 431 Tuesday 5th April 1859. The report of the Jury of view heretofore appointed to mark out a 3rd class road from the public road near H. G. Hodges to French Broad river was presented to the court and was rejected. The Jury of view appointed to assess damages on the road leading from the Underdown ferry road to the Knoxville road near the head of William's Meadow, reported that they have examined and assess no damages. ibid Ordered by the court that Jacob Widner be appointed overseer of the road from the school house at the Underdown ferry road to the Knoxville road at the head of William's meadow and he is hereby required to open said road against the 1st Monday of October next and keep the same in lawful repair with the hands on John Randles farm, the hands on Wm. E. Hodges farm, the hands of William Sharp's farm, John Randles, Jr., W. G. Hodges, Saml. A. Creswell. Road 3 class. Jas. Lindsey, a Constable of the 7th District, presented his resignation which was accepted. ibid Ordered the court that Daniel Layman be appointed overseer of the road from H. S. Blair's to David Jones and he is hereby required to keep said road in lawful repair with the following hands, to wit: John Layman and Charles Russell. Road 3rd class. Page 432 Tuesday 5th April 1859. ibid Ordered by the court that the hands on Wm. Felker's farm and J. W. Atchley be assigned to work on the road over which Hiram Blair is overseer of. The Jury of view heretofore appointed to view and mark out an alteration in the road from the Dandridge road to Ananias James, make the following report, to wit: We the undersigned Jury of view, after being duly summoned and sworn according to law, do report as follows, leaving the Dandridge road at or near Little Millican Creek and intersecting the Flat Creek Road near Noah Atchley, with the same to near Thos. Lindsey's, the line between W. F. Nichols and Wm. Jones to Millican Creek, then with the old road as marked out to Jesse Hill's little field, then round the south side of said field then as marked out to near Annonias James, this 19th March 1859. W. F. Nichols Thos. Atchley Thos. Lindsey John Lindsey Jesse Hill said report confirmed by the court. ibid Upon the verbal petition of David Gibson it is ordered by the court that Marion Tipton, Richard Leak, Wm. Leak, Tim Nichols, John Meriman, Jas. Luwallen & John Delozier be appointed a Jury of view to view and mark out a 3rd class road from the Knob Road near Saml. Rules to David Gibson's line, and that they report to the next quarterly term of this court. ibid Ordered by the court that the hands on Wm. Henderson's farm and the hands on the farm that Wm. T. Henderson lives on be assigned to work on the road over which Robert Lewis is overseer of. Page 433 Tuesday 5th April 1859. This day Wm. A. McNutt, guardian to Benjamin Davis, came into court and renewed his bond in the sum of Eight thousand dollars with John S. McNutt & L. W. Burns as his security. The Jury of view heretofore appointed to view and mark out a 3 class road commencing at Harvey Rambo stack yard to the Brabson Ferry road near Waylands shop, make the following report, to wit, We the undersigned Jury of view being appointed, summoned & sworn to view and mark out the within named road met at the place designated in said order and proceeded to perform the duties assigned us and make the following report to wit, Beginning at the Knob road at the foot of the hill south of Harvey Rambo stack yard, thence with the old wagon road to the corner of Lewis Wayland's field, thence on the line to a cedar near the grave yard, thence across the old field to the Maryville road, all of which is respectfully submitted to the next quarterly term of the County Court given under our hands this 1st day of April 1859. W. H. Cowan Jas. C. Johnson P. C. Rawlings Harvey Rambo Jas. M. Sharp Tim Chandler A. H. Keener said report is confirmed by the court. This day John H. Murphy presented his resignation as one of the Executors of the last will and testament of Samuel Murphy, decd. He also presented to the court the acknowledgement of legal notice to the heirs of said Saml. Murphy, decd., and thereupon said resignation was received. ----------------------------------------------------------- Page 434 Tuesday 5th April 1859. A legal number of the Justices of the Peace being present and voting, therefore it is ordered by the court that the following allowances be made payable out of the County Tax in the hands of the Trustee not otherwise appropriated, to wit: To Eli Roberts for the support of his helpless son to be paid quarterly. $30.00 The vote being as follows: For said claim Against Creswell Davis S. W. Randles Mathes McMahan Havis Johnson Evans N. M. Baker Nichols Mills H. B. Baker Shults Gaut Bogart Whaley Ogle To Elijah Ogle for the support of Ellender King to be paid quarterly. $16.00 The vote being as follows: For said claim Against Mathes Randles Johnson Shults Nichols Havis Evans Davis Mills McMahan Gaut H. Baker Bogart N. M. Baker Whaley Ogle To B. M. Chandler for road orders, Juries of view, vinera bills of cost from the first Monday of October 1858 $47.10 To B. M. Chandler for Exoficio Services from the 1st Monday in April 1858 $50.00 D. M. J. Emert Const. summoning Jury of View & swearing same 1.00 Jas. Lindsey Const. summoning & swearing 2 Juries of views 2.00 ---------------------------------------------------- Page 435 Tuesday 5th Apr. 1859. Ordered by the court that if there should be a surplus of the court house tax levied for 1859 that said surpluses be appropriated to the ordinary county purposes. ibid Ordered by the court that Solomon Williams be appointed overseer of the road from the forks of Dunn's Creek to Berry Williams upper field and he is hereby required to keep said road in lawful repair with the hands heretofore assigned. Road 3rd class ibid Ordered by the court that Wesley Cunningham be appointed overseer of the road from the mouth of the lane near Wm. Thomas to the Gap Creek road near Saml. Creswell's and he is hereby required to keep said road in lawful repair with the hands heretofore assigned. Road 3rd class ibid Ordered by the court that the road over which Lafayett Carter is overseer of be extended to a white oak near the bridge above Isaac Ogle's. ibid Ordered by the court that Thos. T. Ogle be appointed overseer of the road from the forks of Birds Creek to Eli Williams and he is hereby required to keep said road in lawful repair with the hands heretofore assigned. Road 3rd class ibid Ordered by the court that Eli Williams be appointed overseer of the road from Eli Williams to the Gatlin place and he is hereby required to keep said road in lawful repair with the hands heretofore assigned. Road 3 class. ibid Ordered by the court that Isaac B. Ogle be appointed overseer of the road from Daniel W. Reagan's to the ford of the river near John Whaley's and he is hereby required to keep said road in lawful repair with the hands heretofore assigned. Road 3rd class -------------------------------------------- Page 436 Tuesday 5th Apr. 1859. The jury of view heretofore appointed to view and mark out alterations in the road from the Jones Cove road to the Newport road made their report as follows, to wit: Sworn according to law, met and agreed upon said road according to the order of the court this the 28th day of March 1859. Carroll Shrader Elisha Sharp Lewis Howard John R. Allen W. A. Blazer Wm. Allen it is therefore ordered by the court that said alterations as marked out by the jury of view be established. ibid Ordered by the court that George Conner be appointed overseer of the road from the hill below Geo. Underwood's to the Jefferson County line and he is hereby required to keep said road in lawful repair with the hands heretofore assigned. Road 2nd class ibid Ordered by the court that Jacob Wilson be appointed overseer of the road from the X Roads near the Pawpaw Hollow to the Knox County line and he is hereby required to keep said road in lawful repair with the hands heretofore assigned. Road 2nd class A legal number of Justices of the Peace being present and voting, therefore it is ordered by the court that the Revenue Commissioners who took in the taxes for the present year, each be allowed the sum of Twenty dollars, payable out of any moneys in the hands of the Trustee not otherwise appropriated. Those voting for said appropriation were: Bogart, McMahan, Creswell, Ogle, Mills, Cate, Evans, Mathes, Shults & H. M. Baker. Those voting against said claim were: Randles, Whaley, Nichols, Johnson, David & H. B. Baker. -------------------------------------------- Page 437 Tuesday 5th Apr. 1859. A legal number of the Justices of the Peace being present and voting, therefore it is ordered by the court that the following allowances be made payable out of any money in the hands of the Trustee not otherwise appropriated, to wit: John Leak, making coffin for a traveling woman's child $1.50 Lem Duggan, for wood for courthouse for March 1858 Circuit Court 1.50 Carroll Shrader for summoning & swearing 3 juries of view 3.00 Berry Williams for summoning & swearing 1 jury of view 1.00 Thos. Cate for exoficio services from 1858 to Apr. 1859 one half to be issued to himself and the other half to be issued to C. A. Clementson 50.00 Thos. Cate Shff. attending on courts from Apr. 1858 to Apr. 1859 - 39 days at 1.50 58.50 William Hamby for 2 chairs for court house 12.00 Jno. T. Havis mending window blind for courthouse 1.50 Langston Cunningham summoning & swearing 1 jury of view 1.00 ibid Upon the verbal petition of William Huskey, it is ordered by the court that Alex Baxter, John R. Shults, R. H. Kyle, Isaac Whaley & Perry M. Shults be appointed a jury of view to change the road from the ford of the creek at Martin Shults intersecting the old road above William Huskey's and that they report to the next quarterly term of this court. -------------------------------------------------- Page 438 Tuesday 5th Apr. 1859. Ordered by the court that Jordan Houk be allowed to put up two gates across the road between his house and Benjamin Thomas. A legal number of the Justices being present and voting, therefore it is ordered by the court that the Justices holding this term of the court be allowed Two dollars & fifty cents for their services, payable out of the court tax in the hands of the Trustee not otherwise appropriated. ibid Upon the petition of Lemuel Carmichael & others, it is ordered by the court that N. N. Cate, George Russell, Peter Bryan, John Underwood, A. W. Bryan & Elijah Cate be appointed a jury of view to view and change a part of the public road from the Maryville road to Dumplin Creek. The change to begin at the upper end of Lemuel Carmichael's old field, then along the foot of the hill and to run through near to the said Carmichael's house, and to intersect the old road near John Hanes and that they report the practability of said change and the report to the next quarterly term of this court. The Jury of view heretofore appointed to view and mark out an alteration in the road from the Maryville Road to Jordan Houk's fence, make the following report, to wit: To the honorable court, Sevier County, we the undersigned Jury of view, after being summoned and sworn, proceeded to mark and view out said road beginning at the Maryville Road near the end of Johnson's lane, thence with Knob road to McCroskey's line, thence with McCroskey & Johnson line to Jordan Houk's fence on Johnson's land. This 26th Feb. 1859. Calvin Chandler Tim Chandler Lewis Wayland W. H. Cowan P. C. Rawlings confirmed by the court. --------------------------------------------- Page 439 Tuesday 5th April 1859. Court adjourned in court in course. Isaac Trotter, Chairman M. Davis H. B. Baker C. Johnson Joseph Gaut J. M. Evans S. W. Randles Jno. T. Havis Elijah Ogle N. M. Baker Lemuel Bogart Thomas Matthews C. Mills Samuel Mount D. B. McMahan P. S. Shults John Whaley Joshua Nichols R. M. Creswell J. H. Cate ---------------------------------------------------------------- Page 440 State of Tennessee Be it remembered that at a County Court began and held for the County of Sevier at Sevierville on the 2nd day of May 1859, being the first Monday of said month. Present and presiding the following Justices of the Peace for said county, to wit: Isaac Trotter, Chairman, J. M. Evans & C. Mills. This day a paper writing purporting to be the last will and testament of Margaret Nichols, was presented to the court for probate, and thereupon came M. W. McCown & B. M. Chandler, the two subscribing witnesses to said paper writing, who after being duly sworn, deposed as follows: That said paper writing purporting to be the last will and testament of the said Margaret Nichols, decd., was executed by her in her life time at her usual place of residence in this county, in her last sickness, that said will was made by her when she was of sound mind and understanding that her name was written to said will under her direction and that she made her mark thereto with her own hand, and that the said witnesses are uninterested in said will. They further make oath that in that item of said will in which the said Testator devised the debt owing to her by John McMahan or the proceeds thereof to all her children, the name of W. F. Nichols was through mistake or oversight omitted, that said devise was intended to include all her children including the said W. F. Nichols. It is therefore considered by the court that said paper writing is the last will and testament of the said Margaret Nichols and that is be admitted to record. -------------------------------------------- Page 441 Monday 2nd May 1859 And thereupon W. F. Nichols who has been appointed Executor of said will came into open court and gave bond in the sum of one thousand dollars with Lem Duggan & P. B. Nichols as security and was duly sworn and letters testamentary issued which letters are in the following words & figures, to wit: State of Tennessee, Sevier County To all persons greeting Whereas at a County Court held for the County of Sevier at the court house in Sevierville on the 1st Monday of May 1859, it appeared to the court that Margaret Nichols, late of said county, had died having first made her last will and testament in which W. F. Nichols is appointed Executor and the said will having been proved and admitted to record and the said W. F. Nichols qualified as Executor. It was ordered that letters testamentary issue &c. We therefore empower the said W. F. Nichols to take into his possession all and singular the goods and chattels, rights and credits, of the said Testator, wheresoever the same may be found and all just debts of said Testator and all the legacies specified in said will, well and truly to pay so far as the said goods and chattels, rights and credits, may extend and in all things administer said goods and chattels, rights and credits, according to the tenor of said will and the law of the land. Witness B. M. Chandler, Clerk of said court at office in Sevierville the 1st Monday of May 1859. B. M. Chandler, Clk. This day B. M. Chandler, Clerk of this court, presented to the court a settlement made with T. C. Brabson, guardian to Scott Porter; a settlement made with Benj. Atchley, guardian to the minor heirs of Thos. Atchley, decd.; a settlement with Cornelius Fox, guardian to minor heirs of John Lunis, decd.; a settlement with R. M. Creswell, guardian to Catharine Palmer; a settlement with Eli Fox, guardian to Randle Reece; a settlement with Shannon Felker, administrator of St. Clair Shannon, decd.; a settlement with Thos. Henry, guardian to Saml. Henry, all of which is confirmed by the court and ordered to be recorded. ------------------------------------------------ Page 442 Monday 2nd May 1859 ibid Ordered by the court that A. J. Allen be appointed overseer of the road from George Fox to the Jefferson County line and he is hereby required to keep said road in lawful repair with the hands heretofore assigned. Road 2nd class ibid Ordered by the court that Claiborne Thomas be appointed overseer of the road from Abraham McMahan's to the upper end of Wm. Cannon's farm and he is hereby required to keep said road in lawful repair with the hands heretofore assigned. Road 2nd class ibid Ordered by the court that George Hurst be appointed overseer of the road from the ford of the river below the mouth of Wilhite Creek to Almond Fry's and he is hereby required to keep said road in lawful repair with the hands heretofore assigned. Road 2nd class ibid Upon the verbal petition of John Whaley, it is ordered by the court that Martin Clabough, Isaac Ogle, Nathaniel King, Elisha Ogle & Thos. I. Ogle be appointed a Jury of view to view and mark out an alteration in the road from the first ford of the river below the long ford to Martin Clabough's and that they report to the next quarterly term of this court. ibid Upon the verbal petition Sanders McMahan, it is ordered by the court that Archibald McMahan (Sandy), Stephen Huff, Thos. McMahan, Jas. Williford, George McMahan & Camel Breeden be appointed a Jury of view to view and mark out a road of the 3rd clap from his house to the public road where George McMahan formerly lived and that they report to the next quarterly term of this court. ----------------------------------- Page 443 Monday 2nd May 1859 ibid It appearing to the satisfaction of the court that John McMahan is improperly charged with a poll tax for the year 1859 he having served as an overseer of a public road for twelve months previous, it is ordered by the court that he be released from said poll tax. ibid Ordered by the court that James Allen be appointed overseer of the road from the ford of the creek at Denton's to Aldmond Fry's and he is hereby required to keep said road in lawful repair with the hands heretofore assigned. Road 2nd class ibid Ordered by the court that Alfred Harden be appointed overseer of the road from the Machine Branch to a pine stump below John Roberts and he is hereby required to keep said road in lawful repair with the hands heretofore assigned. Road 2nd class ibid Upon the verbal petition of R. H. Hodsden, it is ordered by the court that Jesse Stafford, Cornelius Fox, Jas. Ogle, Vance Newman, John Loveday & Ezekiel Conatser be appointed a Jury of view to view and mark out an alteration in the road from the Manning branch to the big gate near the old barn on the Manning farm and that they report to the next quarterly term of this court. This day Robert R. Conner presented to the court the certificate of Thos. Cate, Sheriff, of his election to the office of Constable in said county, who gave bond & security as required by law and also took the necessary oath of office, which bond is in the following words & figures, to wit: Know all men by these presents that we Robert R. Conner, Thos. I. Ogle & Brice McFall are held and firmly bound unto the State of Tennessee in the penal sum of four thousand dollars for the payment of which well and truly to be made we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents, sealed with -------------------------------------------------------------- Page 444 Monday 2nd May 1859. our seals and dated this 2nd day of May 1859. The condition of the above obligation is such that if the above bound Robert R. Conner, who has been elected a Constable of Sevier County for the term of two years from the 2nd day of May 1859, shall execute and due return make of all process and precepts by him received in virtue of his said election and pay and satisfy all fees and sums of money by him received or levied by virtue of any process to the person or persons to whom the same may be due and shall well and truly collect all specific taxes within Civil District No. 11 of Sevier County, which by law he is required to collect and pay over to the proper officer authorized by law to receive the same within the time prescribed by law and in all other things well and truly and faithfully execute and discharge the several duties of Constable during his continuance in office, then this obligation to be void, otherwise to be in full force. Signed & acknowledged R. R. Conner (Seal) in open court Thos. I. Ogle (Seal) Isaac Trotter, Chairman B. McFall (Seal) This day the commissioners heretofore appointed to lay off and set apart a years support to Catharine Chandler, widow of Joseph Chandler, decd., made their report, which report is in all things confirmed. This day L. C. Roberts presented to the court a certificate from the Sheriff of Sevier County certifying that he had been elected a Constable in the 7th District of Sevier County for two years and thereupon the said L. C. Rogers (sic) entered into bond & security as the law required and was duly sworn according to law, which bond is in the words and figures following, to wit: Know all men by these presents that we Levi C. Roberts, Jesse Hill, J. S. Roberts & L. W. Burns are held and firmly bound unto the State of Tennessee in the penal sum of four thousand dollars ------------------------------------------------------- Page 445 Monday 2nd May 1859. for the payment of which well and truly to be made, we bind ourselves, our heirs, executors and administrators jointly and severally firmly by these presents sealed with our seals and dated this 2nd day of May 1859. The condition of the above obligation is such that if the above bound Levi C. Roberts who has been elected a Constable of Sevier County for the term of two years from the 23rd day of April 1859 shall execute and due return make of all process and precepts by him received by virtue of his said election and pay and satisfy all fees and sums of money by him received or levied by virtue of any process to the person or persons to whom the same may be due, and shall well and truly collect all specific taxes within Civil District No. 7 of Sevier County which by law he is required to collect and pay over to the proper officer authorized by law to receive the same within the time prescribed by law; and in all other things well and truly and faithfully execute and discharge the several duties of Constable during his continuance in office, then the above obligation to be void, otherwise to be in full force. Signed & acknowledged L. C. Roberts (Seal) in open court Jesse Hill (Seal) Isaac Trotter, Chairman J. S. Roberts (Seal) L. W. Burns (Seal) Ordered by the court that H. S. Catlett be ordered to stop up the old road from Mrs. Lawson's to the main road, it appearing to the court that the overseer of said road had received the new road. ibid Ordered by the court that James Roberts be appointed overseer of the road from a sugar tree & sycamore at Juda Clabough's to John C. Yetts and he is hereby required to keep said road in lawful repair with the hands heretofore assigned. Road 2 class Barbara Howard ) vs ) Petition for Dower The Heirs of Mathew ) Howard, decd. ) This cause coming on to be heard before the court on this 2nd day of May 1859 upon ----------------------------------------------- Page 446 Monday 2nd May 1859 the petition and proof heard by the court, it is ordered by the court that said petition be dismissed and that the petitioner pay the costs of this cause for which execution is awarded. Court adjourned until court in course. Isaac Trotter, Chairman J. M. Evans C. Mills State of Tennessee ) Sevier County ) Be it remembered that at a County Court began and held for the County of Sevier at the court house in Sevierville on the first Monday of June 1859 it being the 6th day of said month present and presiding the following Justices of the Peace, to wit: Isaac Trotter, Chairman, C. Mills & J. M. Evans, when the following proceedings were had, to wit: ibid Ordered by the court that W. E. Hodges be appointed overseer of the road from the schoolhouse at the Underdown Ferry road to the Knoxville road at the head of William's meadow and he is hereby required to open said road against the 1st Monday of October next and keep the same in lawful repair with the hands on John Randles farm, the hands on W. E. Hodges farm, the hands on William's shop farm, John Randles, Jr., W. G. Hodges & Saml. A. Creswell. Road 3rd class This day B. M. Chandler, Clerk of this court, presented to the court a settlement made with Thos. Henry, guardian to Saml. Henry, which was confirmed by the court and ordered to be received. ----------------------------------------------------- Page 447 Monday 6th day of June 1859. ibid Ordered by the court that Sherod Lindsey be appointed overseer of the road from the mouth of the roaring fork below John Shults to the Cocke County line and he is hereby required to keep said road in lawful repair with the hands heretofore assigned. Road 2nd class ibid Ordered by the court that Isaac Huskey be appointed overseer of the road from the ford of the river below Preston Shults and he is hereby required to keep said road in lawful repair with the hands heretofore assigned. Road 2nd class ibid Ordered by the court that Joseph England be appointed overseer of the road from the mouth of Dumplin Creek to the hill below Geo. Underwood's and he is hereby required to keep said road in lawful repair with the hands heretofore assigned. Road 2nd class ibid Ordered by the court that Lewis Underwood be appointed overseer of the road from the bridge on Tuckhoe Creek to the Stage road and he is hereby required to keep said road in lawful repair with the hands heretofore assigned. Road 2nd class This day Saml. B. Henderson presented to the court his resignation as Justice of the Peace of Sevier County, which was accepted by the court. ibid Ordered by the court that M. W. McCown be appointed overseer of the streets in Sevierville and he is hereby required to keep said streets in lawful repair with the hands living in Sevierville. ibid Ordered by the court that Wm. Etherton be appointed overseer of the road from Wm. Etherton's to Geo. W. Archey's and he is hereby required to keep said road in lawful repair with the hands heretofore assigned. Road 2nd class ---------------------------------------------------- Page 448 Monday 6th June 1859. ibid It appearing to the satisfaction of the court that Hugh Henry is improperly charged with $840.50 loaned money for the year 1859 it appearing to the court that he had been wrongfully taxed, it is ordered by the court that he be released from said taxes. This day B. M. Chandler, clerk of the court, presented a settlement made with Benj. J. Tipton, guardian to Nancy C. Lawson, which was confirmed by the court and ordered to be recorded. ibid It appearing to the satisfaction of the court that Laban Jenkins is improperly charged with a poll tax for the year 1859 he having served as an overseer of a public road for twelve months previous, it is ordered by the court that he be released from said poll tax. This day Henry Ogle, one of the Executors of William Ogle, decd., came into court and renewed his bond in the sum of five hundred dollars with William Ogle as his security. Court adjourned until court in course. Isaac Trotter, Chairman J. M. Evans Curtis Mills ------------------------------------------------------- Page 449 State of Tennessee ) Sevier County ) Be it remembered that at a County Court began and held for the County of Sevier at the court house in Sevierville on the 1st Monday of July 1859, it being the 4th day of said month. Present and presiding the following Justices, to wit: Isaac Trotter, Chairman, Thomas Mathis, P. S. Shults, Lem Bogart, Thos. Maples, J. T. Havis, C. Mills, Joshua Nichols, Hugh B. Baker, Joseph Gaut, M. Davis, Saml. Mount, Enoch Underwood, S. W. Randles, C. Johnson, J. M. Evans, E. Ogle, J. Whaley, N. J. Huffaker, R. W. Crowson Benjamin Langston & wife ) Mary Langston & Jas ) Atchley by himself & ) Guardian Thos. Dunn ) vs ) The heirs of Wm. Atchley, ) decd. ) Be it remembered that this cause coming on to be finally heard and determined on this 4th day of July 1859 before the worshipful County Court of Sevier County upon the pleadings, proofs and decretal orders heretofore made and pronounced in this cause & the Clerk & Masters report heretofore made & confirmed and the report of the sale made under a decree of this court which being unexcepted to is in all things confirmed which report is in the words & figures following, to wit: Benjamin Langston & wife ) & others ) vs ) County Court The Heirs of Wm. Atchley, ) Petition to sell land decd. ) In obedience to a decree of the County Court of Sevier County made in this cause at the March Term 1859 of said court, I proceeded to sell at public auction at the court house door in Sevierville on the 30th day of April 1859, two interests in the land mentioned in the petition in this cause when the same was sold to James T. Trotter, for the sum of eight hundred dollars upon a credit of nine months for which he executed his note with security 2nd day of May 1859. B. M. Chandler, Clk. From all which it appears that said land have been sold for their full value, the court is pleased to order, adjudge & decree that the sale be confirmed and that all the right title & interest in said -------------------------------------- Page 450 Monday 4th July 1859. tract of land mentioned and described in this cause and the report of the sale by the Clerk & Master to wit, the two undivided interest in the tract of 140 acres mentioned in the petition be and the same is divested out of the said Benjamin Langston & wife, Mary Langston and James Atchley and their heirs, and vested in the purchaser, James T. Trotter and his heirs and assigns forever, but the lien heretofore reserved upon said undivided interest in said land to secure the purchase money is not discharged but in all things continued & retained until said purchase money is fully paid & satisfied and the Clerk & Master may make to the said purchaser a deed for said land upon the payment of the purchase money and the payment of the costs of making said deed. The court is pleased to order, adjudge & decree that the Clerk of this court pay to Wilson Duggan, Esq. for his services as attorney in this cause the sum of twelve dollars & fifty cents, and that he retain all costs of this cause out of the purchase money and that he pay the balance of the proceeds of said sale to the said heirs or their said guardians as they are respectfully thereto entitled. ibid It appearing to the satisfaction of the court that John H. Frame is improperly charged with a poll tax for the year 1859 he having served as an overseer of a public road for twelve months previous, it is ordered by the court that he be released from said poll tax. ibid Ordered by the court that T. A. Robeson be appointed overseer of the road from the ford of the river at Dr. Hodsden's to Shin Bone and he is hereby required to keep said road in lawful repair with the hands heretofore assigned. Road 2nd class --------------------------------------------------------------------- Page 451 Monday 4th July 1859 A legal number of the Justices of the Peace being present and voting in the affirmative, it is ordered by the court that the following allowances be made payable out any county money in the hands of the Trustee not otherwise appropriated, to wit: Trotter &c for cloth for sheet for poor house $ .83 John Kear, Superintendent of poor house, keeping paupers from 1st Apr. 1859 to 1 July 1859 to issue small claims 85.00 M. C. Williams - coffin for Indian woman 3.00 John Underwood - 1 Red fox scalp 1.00 B. M. Chandler - 1 Red fox scalp 1.00 Robt. Conner - summoning jury of view 1.00 J. R. Leak - coffin for widow Hancock 3.00 Anderson Keer for keeping child of Mrs. Hancock 10.00 J. M. Rambo - 6 red fox scalps 6.00 Hosea Rose - 3 Red fox scalps 3.00 A. L. Scruggs Const. summoning & swearing Jury of view 1.00 Trotter & Emert for Iron, Steel and work by Mills on tools for road 4.84 M. J. Graham - 1 Book case & stool 6.50 J. H. Cate - attendance at last quarterly court 1.25 Saml. Mount - attendance at last quarterly court 1.25 Dr. I. M. Hammer - medical services at poor house 19.50 B. M. Chandler making tax list for 1859 48.00 ------------------------------------------------------ Page 452 Monday 4th July 1859 The Jury of view heretofore appointed to view and mark out an alteration in the road from the first ford of the river below the long ford to Martin Clabough's, make the following report, to wit: After being summoned and sworn, met at the ford of the river below the long ford commencing near a pine keeping up the west side of the river up around a trail until it comes to the public road, then commencing at the 2nd ford below where Martin Clabough once lived, then keeping round the trail across the public road, we as a jury find there can be a road and has marked it out. Martin Clabough Thos. I. Ogle Elisha Ogle N. W. King Isaac Ogle which said report is in all things confirmed by the court. This day a paper writing purporting to be the last will and testament of William Felker was presented to the court for probate and thereupon came M. C. Murphy & C. Carey, the two subscribing witnesses to said paper writing, who after being duly sworn deposed as follows: that said paper writing purporting to be the last will and testament of the said William Felker, decd., was executed by him in his life time at his usual place of residence in this county in his last sickness, that said will was made by him when he was of sound mind and understandingly that his name was written to said will and he made his mark with his own hand, and that the said witnesses are uninterested in said will. It is therefore considered by the court that said paper writing is the last will & testament of the said William Felker and it be admitted to record. And thereupon Shannon Felker, who has been appointed Executor of said will, came into court and gave bond in the sum of five hundred dollars with C. Carey & John Murphy as security and was duly sworn ----------------------------------------------- Page 453 Monday 4th July 1859. and letters testamentary issued which letters are in the following words and figures, to wit: State of Tennessee ) Sevier County ) To all persons Greeting: Whereas at our County Court held for the County of Sevier at the court house in Sevierville on the 1st Monday of July 1859, it appeared to the court that William Felker, late of said county, had died, having first made his last will and testament in which Shannon Felker is appointed Executor and the said will having been proved and admitted to record and the said Shannon Felker qualified as Executor. It was ordered that letters testamentary issue &c. We therefore empower the said Shannon Felker to take into his possession all and singular the goods and chattels, rights and credits, of the said Testator wheresoever the same may be found and all just debts of said Testator and all the legacies specified in said will, well and truly to pay so far as the said goods and chattels, rights and credits may extend and in all things to administer said goods and chattels, rights and credits, according to the tenor of said will and the law of the land. Witness B. M. Chandler, Clerk of said court at office in Sevierville the 1st Monday of July 1859. B. M. Chandler, Clk. This day Dr. G. W. Crookshanks presented to the court an account for $15.00 against Sevier County for medical services rendered to Isaac Clark while in jail at Dandridge under a charge of Forgery and moved the court to make an allowance for said account, and said motion was continued by consent until the next quarterly term of this court. ibid It appearing to the satisfaction of the court that Geo. W. Cate was improperly charged with a poll tax for the year 1859 he having removed from this county previous to said year, it is therefore ordered by the court that he be released from said poll tax. ----------------------------------------------- Page 454 Monday 4th July 1859. Elizabeth Cunningham ) widow of Jesse Cunningham, decd. ) vs ) Heirs of said Jesse Cunningham, ) decd. ) Be it remembered that this cause coming on to be finally heard and determined on this 4th day July 1859 before the worshipful County Court of Sevier County upon the proofs and decretal orders heretofore made and pronounced in this cause and the Clerk and Masters reports heretofore made & confirmed and the report of sale made under a decree of this court which being unexcepted to is in all things confirmed which report is in the words and figures following, to wit: Elizabeth Cunningham ) vs ) County Court The Heirs of Jesse ) Petition to sell land Cunningham, decd. ) In obedience to a decree of the County Court of Sevier County made in this cause made at the term 1859 of said court. I proceeded to sell at public auction at the court house door in Sevierville on the 29th day of January 1859, the town lot mentioned in the petition in this cause when the same was sold to William Catlett for the sum of one hundred & fifty dollars upon a credit of nine months for which he executed his note with good security this 29th day of January 1859. B. M. Chandler, Clk. From all which it appears that said town lot has been sold for its full value, the court is therefore pleased to order, adjudge & decree that the said sale be confirmed and that all the right, title and interest in same to said town lot mentioned and described in this cause and in the report of the sale by the Clerk & Master, to wit, the interest of the said petitioner the said Elizabeth, the interest of Dorcas, who has intermarried with H. S. Smith and Ephraim and Elizabeth Cunningham, children & heirs of Jesse Cunningham, decd., be and the same is divested out of the above named heirs of the said Jesse Cunningham, decd., ------------------------------------------------- Page 455 Monday 4th July 1859. be and the same is divested out of the above named heirs of the said Jesse Cunningham and their heirs and vested in the purchaser William Catlett and his heirs and assigns forever, but the lien heretofore reserved upon said town lot to secure the purchase money is not discharged but in all things continued and retained until the purchase money is paid and satisfied and the Clerk and Master may make to the purchaser, the said William Catlett, a deed for said town lot upon the payment of the purchase money and the payment of the costs of making said deed and the court is pleased to order, adjudge & decree that the clerk of this court out of the proceeds of the sale of said town lot pay to Wilson Duggan, Esq., for his services as Attorney in this cause twelve dollars & fifty cents and that he retain all cost arising in this cause out of the purchase money and that he pay the balance of the proceeds of said sale to the said heirs or their guardians as they are respectively entitled thereto. This day Cornelius Fox, guardian to Martha Ailey, John Ailey, William Ailey & Nancy Ailey, minor heirs of Isaac Ailey, decd., represented to the court that he is the guardian of the above named minors in the County of Jefferson and that he desires to remove said guardianship to this County and thereupon the said Cornelius Fox, came into court and entered into bond in the sum of eight hundred dollars with R. H. Hodsden, M.A. Rawlings & Charles Inman as his securities and he was thereupon duly sworn. This day the court appointed Calvin Johnson, Joshua Nichols & J. M. Evans to examine and ascertain if a more suitable farm could be procured for a poor house farm and at what price and that they report to the next October term of this court. ---------------------------------------------------------------------------------- Page 456 Monday 4th July 1859. The Jury of view heretofore appointed to view and mark out a road of the 3rd class from Sanders McMahan's to the public road at Geo. McMahan's make the following report, to wit: We the Jury of view appointed to view and mark the said road after being sworn according to law, have viewed and marked out said road leading from Sanders McMahan's to the public road where George McMahan formerly lived &c who hereunto set our names this 3rd day of June 1859. Archibald McMahan Stephen Huff Thos. McMahan Jas. Williford Geo. McMahan Campbell Breeden which said report is in all things confirmed by the court. The Jury of view heretofore appointed to view and mark a road of the 3rd class from the Knob Road near Saml. Rule to David Gibson's line, make the following report, to wit: We the undersigned jury of view being appointed, summoned and sworn, proceeded to view and mark out the within named road as described in said order beginning at the forks of the Knob Road a little south of Samuel Rules dwelling house, running with a blazed way a little south of the branch to David Gibson's line near a spring, all of which is respectfully submitted to the next quarterly term of the worshipful County Court in testimony thereof we hereunto subscribe our names this 13th of June 1859. John Delozier Jas. Lewalling Lemuel Nichols Marion Tipton William Leak Richard Leak which said report is confirmed by the court. ------------------------------------------------------------------ Page 457 Monday 4th July 1859. This day the Jury of view heretofore appointed to view and mark out an alteration in the road from Manning's branch to the big gate near the old barn on the Manning farm, report as follows: We the Jury of view after being lawfully summoned & duly sworn, have viewed & marked said alteration beginning at the ford of Manning's branch, running with & near said branch to the big gate near the old barn intersecting the old road near John Ellison's house. I. Stafford Vance Newman Cornelius Fox Ezekial Conatser John Loveday All of which is confirmed by the court. The Jury of view heretofore appointed to view and change the road from the Maryville Road to Dumplin Creek, made the following report, to wit: We the undersigned Jury of view being appointed, summoned and sworn, proceeded to perform the duties assigned us in said order on the within named road do make the following report, to wit, the change to begin at the branch something like 100 yards south of Lemuel Carmichael, Sr. old field then to run on at the foot of the hill through the old field by a marked way into the public road, again a little north of Wm. Haines dwelling house, then leaving said road turning to the left through a lane near Lemuel Carmichael, Sr. house, thence with a marked way intersecting the old road a little north of John Hay's stable. Also report that this route is nearer and will be a better route when opened than the other route, all of which is respectfully submitted to the next quarterly term of the worshipful County Court. Given under our hands, this 28th day of May 1859. Elijah Cate Peter H. Bryan George W. Russell A. W. Bryan N. N. Cate John Underwood All of which is confirmed by the court. ----------------------------------------------- Page 458 Monday 4 July 1859. The Jury of view heretofore appointed to view and mark out a road of the 3rd class commencing on or near the line between Sevier & Knox Counties east of Wm. Bales running eastwardly passing Sinking Spring Schoolhouse in Sevier County, passing Henry Smith's and intersecting the Dumplin Road about a mile from Underdowns Ferry, make the following report, to wit, We the undersigned having been appointed, summoned and sworn as a Jury of view to view and mark out the road described in the within named order, have proceeded to perform the duties assigned us in reviewing and marking out said road, do make the following report, beginning at the Knox & Sevier County line near the north corner of Robert Bales field, then an easterly direction with the old road to a small black oak marked leaving the old road to the left hand, thence with the marked line to the line between Underdown & Bales to a marked persimmon, thence east with the marked line to the old road near the coal pit, thence with the said road to the school house, thence leaving the old road to the right with the marked line leaving the Sinking Spring to the right to the old road near Henry Smith's, thence with the old road to a forked dogwood, thence with marked line to the Dumplin Road near the mile post, one mile from Underdowns ferry, all of which is respectfully submitted to the next term of the worshipful County Court for Sevier County, this March 4th 1859. N. J. Huffaker J. H. Coldwell Patrick Henry Wesley Huffaker Wm. M. Bryan which said report is in all things confirmed by the court. ----------------------------------------------------------------------- Page 459 Monday 4th July 1859 ibid Ordered by the court that John Ogle & James Philips be assigned to work on the road over which Jules W. Caton is overseer of. ibid It appearing to the satisfaction of the court that M. W. Shields is improperly charged with 90 acres of land in Sevier County valued at $675 for the year 1859 it appearing to the court he has no such land, it is ordered by the court that he be released from said taxes. ibid Upon the petition of D. B. McMahan it is ordered by the court that James Williams, Sr., Saml. Large, Henry Dickson, Almon Fry, James Allen & Henry Howard be appointed a Jury of view to view and mark out an alteration in the road beginning at the upper ford of the east ford of Pigeon River at George McMahan, Jr. field, then crossing the creek and keeping up the creek on the north side of the old road to interest the old road at the side of petitioners field and that they report to the next quarterly term of this court. ibid Upon the petition of John Hurst, it is ordered by the court that W. T. Ogle, Jas. Henry, Alfred Henry, Alexander Stinnet, Joab Rolen, Pleasant Proffit & William Williams be appointed to view and mark out a road beginning at Wm. T. Ogle's in the 1st district of Sevier County and running the nearest and best way to Jas. Hurst's without breaking into enclosures, Road 3rd class and that they report to the next quarterly term of this court. ibid Ordered by the court that Wm. Pickens be appointed overseer of the road from the forks of the road near Wayland's mill to the Blount County line and he is hereby required to keep said road in lawful repair with the hands heretofore assigned. Road 3rd class --------------------------------------------------- Page 460 Monday 4th July 1859. ibid Upon the verbal petition of John Whaley, it is ordered by the court that Thos. I. Ogle, David Ownby, Jas. Martin, Isaac Trentham & Harkless Whaley be appointed a Jury of view to view and mark out a road of a 3rd class from the end of Wm. Ogle's field where Henry Ogle now lives, running up the grassy branch to the two mile branch and that they report to the next quarterly term of this court. ibid It appearing to the satisfaction of the court that William Stinnett is improperly charged with a poll tax for the year 1859 it appearing to the court he had served as an overseer of a public road from twelve months previous, it is ordered by the court that he be released from said poll tax. A legal number of the Justices being present and voting, therefore it is ordered by the court that each of the Justices holding this term of this court be allowed two dollars & fifty cents each for their services, payable out of the County Tax in the hands of the Trustees not otherwise appropriated. ibid Ordered by the court that the following men be appointed to hold the August election, to wit: 1 Dis. David McMahan, Thos. Mathis, Pleasant Proffit 2 Dis. F. L. Emert, P. S. Shults, D. M. J. Emert 3 Dis. Absolum Allen, Adam Houk, John Bird 4 Dis. G. W. Seaton, Jacob Huber, J. C. Webb 5 Dis. M. W. Shields, Elijah Brown, H. M. Thomas 6 Dis. R. W. Crowson, John Nichols, Jr., Ruben Hatcher 7 Dis. J. H. Atchley, W. F. Nichols, Danl. Atchley 8 Dis. Peter H. Bryan, Ephraim Johnson, Danl. Kelly 9 Dis. J. M. Sharp, Lewis Wayland, Michael Fagala 10 Dis. Wm. Haggard, Claibourne Baker, Jas. Tipton 11 Dis. John Whaley, Harkless Whaley, W. R. King 12 Dis. A. J. Cowan, Henry Smith, Wm. Mills ---------------------------------------------------- Page 461 Monday 4th July 1859. ibid Ordered by the court that John Ellis, Henry Bales, Saml. Huffaker, Thos. Henry, William Randles, Jr., Ephraim Johnson, W. G. Hodges, Saml. Ellis, Saml. Randles, Wm. Thomas, Joel Hudson & A. J. Cowan be appointed a Jury of review to change a third clap road or assess damages, if any, on the road from the Sevier & Knox County line east of Wm. Bales, running eastwardly passing Sinking Spring school house in Sevier County, passing Henry Smith's and intersecting the Dumplin Road about a mile from Underdowns ferry and that they report to the next quarterly term of this court. Court adjourned until tomorrow morning 8 o'clock. Isaac Trotter, Chairman C. Johnson Elijah Ogle Lemuel Bogart S. W. Randles N. J. Huffaker Samuel Mount Joshua Nichols John Whaley H. B. Baker E. Underwood Philip S. Shults C. Mills M. Davis Joseph Gaut Thomas Matthews J. M. Evans Thos. Maples Jno. T. Havis --------------------------------------------- Page 462 Tuesday 5th July 1859 Court met pursuant to adjournment. Present and presiding the following Justices, to wit: Isaac Trotter, Chairman, Thos. Mathis, P. S. Shults, Lem Bogart, Thos. Maples, C. Mills, Joshua Nichols, H. B. Baker, M. Davis, Joseph Gaut, E. Underwood, Saml. Mount, S. W. Randles, C. Johnson, J. M. Evans, John Whaley, E. Ogle, N. J. Huffaker, when the following proceedings were had. The instrument of writing purporting to be the last will and testament of Wesley Bodine having been presented to the last April term of this court and proven by H. S. Blair, one of the subscribing witnesses, it is therefore considered by the court that said instrument of writing is the last will and testament of the said Wesley Bodine and that the same be admitted to record. The report of the Jury which was presented to the court on yesterday of N. G. Huffaker & others to view and mark out a road between Sevier & Knox County, east of Wm. Bales, running eastward passing Sinking Spring school house &c, which report was then confirmed. Robert Bales & Martin Bales by their attorney, presented to the court a bill of exceptions to the action of the court in this cause which was signed by the court and ordered to be made a part of the record of this cause. Court adjourned until court in course. Joshua Nichols Isaac Trotter, Chairman Elijah Ogle Lemuel Bogart Samuel Mount T. Maples C. Mills Philip S. Shults M. Davis Joseph Gaut C. Johnson H. B. Baker J. M. Evans E. Underwood John Whaley N. J. Huffaker Thomas Matthews Jno. T. Havis S. W. Randles ---------------------------------------- Page 463 State of Tennessee ) Sevier County ) Be it remembered that at a County Court began and held for the County of Sevier at the court house in Sevierville on the 1st Monday of August 1859, it being the 1st day of said month. Present and presiding the following Justices of the Peace, to wit: Jas. M. Evans, Chairman pro tem, M. Davis & C. Mills, when the following proceedings were had, to wit: ibid Ordered by the court that John J. Gaut be appointed overseer of the road from the forks of the road at Jas. Maples to Bryant's Ferry and he is hereby required to keep said road in lawful repair with the hands heretofore assigned. Road 2nd class ibid Ordered by the court that the hands on the road that Brice McFalls is overseer of and the hands on the road that Henry King is overseer of be appointed to work on the road over which Alfred Harden is overseer of from a pine stump below John Roberts to the Blount County line. ibid Upon the petition of D. M. J. Emert it is ordered by the court that Saml. McMahan, David McMahan, Giles Caton, F. ?. Emert, J. C. Murphy, Jno. S. McNutt, R. H. Hodsden & P. S. Shults be appointed a Jury of view to alter a road leading from Giles Caton's to Emerts Cove beginning near the foot of the hill near Giles Catons and intersecting at the river at Preston Shults, and that they report to the next quarterly term of this court. This day M. A. Rawlings, Trustee of Sevier County, came into court and gave bond in the sum of four thousand dollars for the faithful application of the school fund with R. H. Hodsden, Emanuel Fox & J. T. Trotter as his security. ibid Ordered by the court that Henry Whaley be appointed overseer of the road from Bryan's Ferry to Henrys X Road and he is hereby required to keep said road in lawful repair with the hands heretofore assigned. Road 2nd class ------------------------------------------------------ Page 464 Monday 1st Aug. 1859 ibid Ordered by the court that J. W. Rineheart be appointed overseer of the road from the Tally place to David McMahan's mill and he is hereby required to keep said road in lawful repair with the hands heretofore assigned and the hands on Blackburn Jones farm. Road 2nd class ibid Ordered by the court that William Flinn be appointed overseer of the road from Rowley Romines to the forks of the road at Thos. Fowler's and he is hereby required to keep said road in lawful repair with the hands heretofore assigned. Road 3rd class A paper writing purporting to be the non-capitive will of Wyley King, decd., was returned into open court and thereupon the court ordered notice to issue to Margaret King, widow of the said Wyley King, decd., to appear at the Sept. term of this court to descent from said will, if she sees proper. ibid Ordered by the court that the good and lawful men, citizens of Sevier County, be summoned by the Sheriff to attend as Jurors at a Circuit Court to be held for Sevier County at the court house in Sevierville on the third Monday of November next, to wit: 1st Dis. Saml. McMahan, Berry Williams 2nd Dis. Jackson Proffitt, Archibald McMahan of David 3rd Dis. Oliver Jenkins, William Fox, Sr. 4th Dis. F. S. Emert, R. R. Reagan 5th Dis. S. B. Hammer, John Mullendore, M. W. Shields 6th Dis. Valentine Mattox, John H. Murphy 7th Dis. J. H. Atchley, Saml. Catlett 8th Dis. John Kelly, Saml. H. Ellis 9th Dis. Jas. Cowden, A. H. Keener 10th Dis. Andrew Rogers, Clabourne Baker, Anderson Galyean 11th Dis. Caleb Ogle 12th Dis. Asher Sellars, W. L. Petty and that L. C. Roberts, a Constable, be summoned to attend on Grand Jury and Jas. McMurry to wait on the court. -------------------------------- Page 465 Monday 1st Aug. 1859. Ordered by the court that Isom Hodges, who had gave bond as a public ferry keeper, be released from said bond. ibid Ordered by the court that the Sheriff bring to the next term of this court a child of Mary Meniss to be bound out, it appearing to the court said child is in needy circumstances. ibid Ordered by the court that D. O. McCroskey be appointed overseer of the road from Davis branch to the branch near David McCroskey's and he is hereby required to keep said road in lawful repair with the hands heretofore assigned. Road 2nd class This day B. M. Chandler, Clerk of this Court, presented to the court a settlement made with Mary M. McCroskey, guardian; a settlement made with John Russell, Executor; a settlement with M. W. Shields, guardian to Nancy Shields, all of which is confirmed by the court and ordered to be recorded. ibid Upon the verbal petition of Arch McMahan, it is ordered by the court that David McMahan, John Spurgin, Jacob Evans, Jas. Ownsby, Jas. D. Emert & Nicholas Ownsby be appointed a Jury of view to view and mark out an alteration in the road from Giles Caton's to the ford of the creek at Arch McMahan's and that they report to the next quarterly term of this court. Court adjourned until court in course. J. M. Evans, Chairman M. Davis C. Mills ------------------------------------------- Page 466 State of Tennessee ) Sevier County ) Be it remembered that at a County Court began and held for the County of Sevier at the Court house in Sevierville on the first Monday of September 1859, it being the 5th day of said month. Present and presiding the following Justices of the Peace, to wit: Joseph Gaut, Chairman pro tem, Jas. M. Evans & C. Mills, when the following proceedings were had, to wit: ibid Ordered by the court that Henry Dickson be appointed overseer of the road from the ford of the branch above the furnace dam to Y. J. Morris and he is hereby required to keep said road in lawful repair with the hands heretofore assigned. Road 2nd class ibid Ordered by the court that Rolly Romines be appointed overseer of the road from the 1 mile post east of B. M. Chandler's to Rowley Romines and he is hereby required to keep said road in lawful repair with the hands heretofore assigned. Road 3rd class ibid It appearing to the satisfaction of the court that Amasa Conatser is improperly charged with a poll tax for the year 1859 he having served as an overseer of a public road for twelve months previous, it is ordered by the court that he be released from said poll tax. ibid It appearing to the satisfaction of the court that William McMahan is improperly charged with a poll tax for the year 1859 he having served as an overseer of a public road for twelve months previous, it is ordered by the court that he be released from said poll tax. ibid It appearing to the satisfaction of the court that Jas. Maples is improperly charged with a poll tax for the year 1859 he having served as an overseer of a public road for twelve months previous, it is ordered by the court that he be released from said poll tax. ----------------------------------------- Page 467 Monday 5th day of Sept. 1859. ibid Ordered by the court that E. M. Broyles the present overseer of the road from a pine root below Danl. Roberts to the top of the pine mountain, with the hands assigned to work on said road open out and keep said road in repair as a 2nd class road as lately viewed and marked by the Jury of view. Road 2 class ibid Ordered by the court that Alfred Harden, the present overseer from a pine stump below John Roberts to the Blount County line to open out and keep said road in good repair with all the hands from William Burns to the upper end of the cove and all the hands in Greenbrier Cove be assigned said road has lately been viewed and marked out by a Jury of view. Road 2nd class This day Nash Stanley presented the certificate of the Sheriff of Sevier County, of his election to the office of Constable in said county, who gave bond and security as required by law and also took the necessary oaths of office, which bond is in the following words and figures, to wit: Know all men by these presents that we Nash Stanley, F. L. Emert & D. M. J. Emert are held and firmly bound unto the State of Tennessee in the penal sum of four thousand dollars for the payment of which well and truly to be made we bind ourselves, our heirs, Executors and administrators, jointly and severally firmly by these presents, sealed with our seals and dated this 5th day of Sept. 1859. The condition of the above obligation is such that if the above bound Nash Stanley, who has been elected a Constable of Sevier County, for the term of two years from the fourth Saturday in August 1859, shall execute and due return make of all process and precepts by him received in virtue of his said election and pay and satisfy all fees and sums of money by him received or levied by virtue of any process to the person or persons to whom the same may be due and shall well and truly collect all specific taxes within Civil District No. 2 ------------------------------------------------------ Page 468 Monday 5th day Sept. 1859 of Sevier County which by law he is required to collect and pay over to the proper officer authorized by law to receive the same within the time prescribed by law and in all other things well and truly and faithfully execute and discharge the several duties of Constable during his continuance in office, then the above obligation to be void, otherwise to be in full force. Acknowledged in open Nash Stanley (his mark) (Seal) court, 5th Sept. 1859. F. L. Emert (Seal) Joseph Gaut, Chairman pro tem D. M. J. Emert (Seal) Ordered by the court that Sanders McMahan be released from the an (sic) apprentice indenture entered into on the 5th Nov. 1856 for a child named Richard H. Nichols, said child being rebound to Joab Rowland. This day the court proceeded to bind out after the manner of apprentices two negro children, to wit: Richard A. Nichols, aged eight years and Alfred Nichols, aged nine years, until they arrive at the age of twenty one years, upon the terms expressed in the bonds of indenture. This day B. M. Chandler, Clerk of this court, a settlement R. S. Clark, guardian to William W. Clark, which was confirmed by the court and ordered to be recorded. ibid Upon the verbal petition of W. F. Nichols, it is ordered by the court that J. T. Trotter, Robert Richards, P. M. Atchley, Thos. Lindsey and Jas. Lindsey be appointed a Jury of view to view and change a road from the brick ford on Millican Creek to the Dandridge Road and that they report to the next quarterly term of this court. ----------------------------------------------------- Page 469 Monday 5th Sept. 1859 This day M. W. Shields, guardian to Nancy Shields, a lunatic, presented to the court his resignation as such guardian, which was excepted by the court. ibid Ordered by the court that C. A. Clementson be appointed to contract for and superintend the putting up of 300 feet of good horse racks on the public ground in Sevierville and that he have the same completed by the 1st Monday of Oct. 1859 if practable. Court adjourned until court in course. Joseph Gaut, Chairman pro tem J. M. Evans C. Mills ---------------------------------- Page 470 State of Tennessee ) Sevier County ) Be it remembered that at a County Court began and held for the County of Sevier at the courthouse in Sevierville on the first Monday of October 1859 it being the 3rd day of said month. Present and presiding the following Justices of the Peace, to wit: Isaac Trotter, Chairman, T. Mathews, P. S. Shults, N. M. Baker, L. Bogart, T. Maples, C. Mills, J. Nichols, R. W. Crowson, H. B. Baker, M. Davis, H. Mount, R. M. Creswell, S. W. Randles, C. Johnson, E. Ogle, J. Whaley, W. J. Huffaker & J. H. Cate. The Jury of view heretofore appointed to view and change the road from the brick yard on Millican Creek to the Dandridge road make the following report, to wit: We the undersigned Jury of view after being summoned and sworn, proceed to view out and change the road as directed in the above order, commencing at the old brick yard at Millican Creek and running in the lane between W. F. Nichols and James Toomey, intersecting the Dandridge road near said Nichols gate, all of which is respectfully submitted to the worshipful County Court this 24th Sept. 1859. P. M. Atchley James Lindsey Thos. Lindsey J. T. Trotter Robert Richards which said report is in all things confirmed by the court. --------------------------------------------- AOL now offers free email to everyone. Find out more about what's free from AOL at AOL.com.