February Term 1845

 

State of Tennessee, Benton County, February Term 1845

At a County Court began and held for the County of Benton at the Courthouse in the Town of Camden on the first Monday in February.  It being the third day of said Month in the year of our Lord One thousand eight hundred & forty five and 69th year of American Independence.  There being present and presiding the worshipfuls, Esqrs. D.P. Hudson, Geo. W. Farmer, and John W. Davidson.

The Clerk of this Court presented a settlement Made with C.K. Wyly, Treasurer of the board of Trustees of Benton County Academy which said settlement was examined and Not concurred in by the Court and ordered to be referred back to the Clerk with the instruction that the said Trustees Must report in the settlement all sums by them received whether the same was received from the State or from subscription.

The Clerk of this Court presented a settlement Made with Sarah Jane Aden administratrix of the estate of J.H. Aden dec. which said settlement was examined and concurred in by the Court and ordered to be recorded.

On Motion it is ordered by the Court that Allen R. Sykes be appointed overseer of the stage road to work from the forks of the road at Cates to Beaverdam Creek and all the hands that formerly worked under said Lewis Lashlee shall now work under said Sykes on said road which is established in the 1st Class.

On Motion it is ordered by the Court that Elijah M. Bush be appointed overseer of the road leading from Willis Rushing’s to Point Mason to work from Willis Rushing’s to the forks of the road Near said Bushs, hands as follows;  John Carter, W. Herndon, H. Melton, D. Herndon, G. Herndon, Dr. Herndon, E. Phifer, G.W. Wilson, Peter Phifer, C. Pafford, T. Warters, W. Waters, W. Jones, E. Spain and T. Bush shall work under said E.M. Bush on said road which is established in the 2nd Class.

 

 

 

 

 

-- Page 157 --
February Term 1845

On Motion it is ordered by the Court that N. Brewer Sr. be appointed overseer of the road to work from Edward Lindsey’s to the forks of the road near L.W. Browers, hands as follows; W. Holland, N. Brewer, Jr., Kennith Reddick, Calvin B. Reddick, J. Herndon, Asel Herndon, Lewis Holland, Neil McNeil, E. McBride and Jacob Latimor shall work under said Brewer on said road which is established in the 2nd Class.

On Motion it is ordered by the Court that Jones L. Wright be appointed overseer of the road to work from the forks at the head of the race track to William Watson’s, hands as follows; Oliver Armor, William Armor, Robert Armor, John T. Presson sr., Achilles Presson and Henry Stigall shall work under said Wright on said road which is established in the 1st Class.

Personally appeared in open Court David W. Benton who was this day chosen and appointed guardian for Mary James, Cotton, a Minor orphan and together with him Merit Melton and E. Perkins his securities who appeared in open Court and acknowledged the due execution of their bond in the penal sum of four hundred dollars conditioned as the law directs.

On Motion it is ordered by the Court that Kerney Mitchell be appointed overseer of the road to work from Cane Creek to Big Cypress Creek, hands as follows; Mastin G. Ford, B.C, Morgan, L. Berry, William Whitman, H. Rushing and Allen Williams shall work under said Mitchell on said road which is established in the 2nd Class.

On Motion it is ordered by the Court that Hinton H. Mitchell be appointed overseer of the road to work from where the Lexington road crosses the Huntingdon road to Chalk Level, hands as follows; Middleton Thomason, Thomas Kee, Mark Katley, Ansil Pearce, Lewis Hallmark, Solomon Cravin and John Mothershead and all other hands in the bounds shall work under said Mitchell on said road which is established in the 2nd Class.

 

 

 

 

 

 

 

-- Page 158 --
February Term 1845

On Motion it is ordered by the Court that James Flowers be appointed overseer of the road in room of Stark Moore to work from the forks of the road at Nivins to the Carroll County line, hands as follows; Green Flowers & hands, Ulysees Kirk, Archibald Kirk, Wyly Ellis Peter

Self Jr., Thomas Curtis, Theophilus Kirk, Jesse Hale, John D. Norden, Redden Holloway, Jeremiah Hale, Richard Evans, Martin Evans and Gillum Smothers shall work under said James Flowers on said road which is established in the 2nd Class.

One of the Commissioners who were appointed at a former term of this Court to lay off and set apart a sufficiency of provisions to serve the widow & family of James Bruce deceased one year Made report to this Court which was ordered to be recorded.

The Court then proceeded to appoint a jury to serve at the Next term of the Circuit Court to be held for the County of Benton at the Courthouse in the Town of Camden on the second Monday in May Next and the following persons all being good & lawful Men of said County ( viz.)

1st  Dist.     John Beard and John Johnson                                                                          2nd Dist.     John Pearce, Jeremiah Perry                                                                             3rd Dist.     William Norington, William Swindle, Seth Utley                                            4th Dist.     James Allen, Samuel B. Pearce, Ben J. Baker.                                                 5th Dist.     Wilie Arnold, James Arnold, William Walker, Reubin S. Beasley                  6th Dist.     John Elmore, Jesse W. Elmore, John H. Williams                                           7th Dist.     William W. Wheatley, Geo. W. Farmer, William Berry.                                 8th Dist.     Charles Barnes, Robert Rushing, Sr., Nicholas Brewer, Sr.                             9th Dist.     John McGlonn and Edward Lindsey

 

be appointed said jury and Samuel Madden, officer and that a Venire facias issue accordingly.

 

 

 

 

 

-- Page 159 --
February Term 1845.

On Motion it is ordered by the Court that Edward Lindsey be appointed overseer of the road to work from Sugar Greek to the top of the ridge south of Esqr. Wrights, hands as follows; Lindsey's own hands, Daniel Graham, Lauflin Beaton, Malcom Beaton, John West, M. Mannon and S. Clement shall work under said Lindsey on said road which is established in the 2nd Class.

In pursuance of an order Made at a former term of this Court the Sheriff proceeded this day to let out the inclosing of the Courthouse to the lowest bidder, Whereupon the sheriff reports that it was bid off by William W. Lashlee he being the lowest bidder at Sixty eight dollars & 65 cents.

The last will and testament of James S. Sayles was produced in open Court and the due execution thereof duly proven by Robert H. Hawthorn and John T. Smith the subscribing witnesses thereto.  Whereupon it is ordered by the Court the same be recorded.  And thereupon Jane Sayles, the executrix Appointed in said will, together with Edward W. Sayles who was chosen by saud Jane Sayles in accordance with said will as her joint executor, appeared in open Court and took the oath prescribed by law and together with Seth Utley, Hiram D. Box and Anderson Lashlee their security appeared in open Court and entered into and acknowledged their bond in the sum of Seven thousand dollars conditioned as the law directs. It is ordered by the Court that the said Jane Sayles and Edward W. Sayles have letters testamentary upon the estate of James S. Sayles deceased to be Made out in due form of law when required.

John W. Utley returned to this Court a Notice to Lewis W. Brewer, Constable of the 8th Civil District of Benton County requiring him to give other security and release William D. Hyre and it appearing to the satisfaction of the Court that said officer did not have ten day’s notice as required by law. It is therefore ordered by the Court that -the same be continued until the next term of this Court.

Court then adjourned until Court in Course.

D.P. Hudson,            J.P.                                                                                                  John W. Davidson    J.P.                                                                                                 Geo. W. Farmer        J.P.

 

 

 

 

-- Page 160 --