July Term 1842

 

State of Tennessee, Benton County, July Term 1842

At a County Court began & held for the County of Benton at the Courthouse in the town of Camden on the first Monday of July it being the fourth day of said month and in the year of our Lord one thousand eight hundred & forty two and the sixty seventh year of American independence there being present and presiding on the bench the worshipfuls, Esqrs. H.P. Hudson, Chairman, Jesse Hammonds, Nathan William, D.H. Davidson, Wm. Barns, Jno. W. Davidson, Martin McCauley, E. Perkins, J.L. Williams, J.D. Rushing, Hez. Greer, G.W. Farmer, Elijah Alsup and John Buchanan, Justices to hold said Court of quarterly term --

On Motion it is ordered by the Court that Charles Barns be approved overseer of the Road in the room of Isaac Wyatt, dec'd. and all the hands that formerly worked under Wyatt or in the bounds, shall now work under said Barns and said Road is classed in the 2nd Class.

Mathew Williams and other jurors set apart at a former term of this Court to view and alter a road on the premises of Elkaman Hegler Made report that sd. Jury did not agree on sd. Alteration.

On Motion it is ordered by the Court that the following persons (viz) Charles Cowell, James Cowell, Noah Strickland, Bryant Morgan, John Hudson, Berry Williams, Benjamin Hardy and James Hudson be appointed a jury of review to view an Alteration on the road leading from Lexington to Camden from the top of the hill on the other side of E.W. Hegler's through the land of said Hegler's to Camden and Make report to the Next term of this Court.

Personally appeared in open Court Andrew J. Benton, Adms. and Sarah H. Norman, Adminsx. of the estates of Wyly Norman, Decd. and Made return of an Inventory and account of sale of said estate and oath having been Made thereto.  It is ordered by the Court that the same be recorded.

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July Term 1842

Personally appeared in open Court Jesse Hammonds, Executor of the last will and Testament of Nancy Harrison, Decd. and produced an Inventory and amount of said of said estate and oath having been Made heretofore ordered by the Court that the same be recorded.

We the undersigned have this day met and set apart the following articles viz., to Martha Wyatt, wife of Isaac Wyatt, Decd. which we consider a support to sd. widow and family for one year from the death of her husband. 20 Barrels corn; 3 cwt. weight Bacon; $7/00 worth sugar and coffee; 2 cwt. of Flour; $4/00 worth of Leather and salt.  The above articles to be purchased with any money due the Estate if there be not the amount above.

June 28th 1842.

Edward Linsey
Lewis Brewer
Elisha Herrin

State of Tennessee, Benton County

I, Elisha Alsup one of the acting Justices for the said County do certify that I qualified the above subscribers to impartially set apart so much of the crop, stock and provisions on hand, Money due the Estate or other assets to Martha Wyatt widow of Isaac Wyatt Dec'd. to support her and her family one year from the death of her husband and the above is their report given under My hand and seal this 28th June 1842.

Elisha Alsup      J.P.

Personally appeared in open Court Ephram Perkins commissioner for the town of Camden and tendered his resignation as such commissioner it being rec'd. by this court.

Personally appeared in open court Green Flowers, John F. Johnson and Lewis Brewer commissioners for the Town of Camden and tendered their resignation as such commissioners the same being rec'd. by the court.

Personally appeared in open Court James E Merrick and tendered his resignation as Constable of Civil District No. 2, the same being rec'd. by the court.

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July Term 1842

and that the Sheriff forthwith hold an election to fill the said vacancy.

Personally appeared in open Court John F. Johnson Guardian of John C. Ason and Sarah A. Griffin Minor heirs of William B Griffin, Deceased and together with A.C. Presson, Laton Pearce and Levin Cottingham his securities entered into and acknowledged their bond in the sum of two hundred and fifty dollars conditioned as the law directs for the faithful performance of said Guardian.

Personally appeared in open Court Joel Rushing Guardian of Noah Jemina and Sarah Ann Rushing Minor heirs of Abe Rushing deceased and together with Willis Rushing and J.W. Utley his securities and entered into and acknowledged their bond in the sum of Three thousand Dollars conditioned as the law directs for the faithful performance of said Guardians.

Personally appeared in open court R.C. Petty, Guardian of Sarah Petty, Minor heir of Samuel Petty, Deceased and together with A.C. Presson and E.W. Hegler his securities and entered into and acknowledged their bond in the sum of Two hundred Dollars conditioned as the law directs for the faithful performance of said Guardian.

Personally appeared in open court Elexander McRea Guardian of Mary A. McRea Minor Heir of Elexander McRea and together with J.D. Rushing and Lewis Brewer his securities and entered into and acknowledged their bond in the sum of one hundred fifty Dollars conditioned as the law directs for the faithful performance of said Guardian.

Personally appeared in open court James K. Nance Guardian of John A., James Simpson and Sarah Niber, Minor heirs of John D. Niber, Deceased and together with James Presson and Thomas Jones his securities and entered into acknowledged their bond in the sum of one thousand dollars conditioned as the law directs for the faithful performance of said Guardian.

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July Term 1842

Personally appeared in open court Elexander McRea Guardian of Elizabeth McRea Minor heir of Elexander McRea and together with J.D. Rushing and Lewis Brewer his securities and entered into and acknowledged their bond in the sum of Twelve hundred Dollars conditioned as the law directs for the faithful performances of said Guardian.

Personally appeared in open court Elexander McRea Guardian of Henry, Synthia Jose, C. Chesterfield, John, F.L., Sally J., Julianna, A., and Roxanna Melton, Minor heirs of Mathew Melton Deceased and together with John D. Rushing and Lewis Brewer his securities and entered into and acknowledged their bond in the sum of Sixteen hundred dollars conditioned as the law directs for the faithful performance of said Guardian.

Personally appeared in open court Priestly Thornton, Guardian of Eliza Harrison Minor heir of Samuel Harrison Deceased and together with W.C. Barnett and Reddin Hollowell his securities and entered into and acknowledged their bond in the sum of Two Thousand dollars conditioned as the law directs for the faithful Guardian.

Personally appeared in open court Mary Lashlee Guardian of W.P., Temperance, John T., Payton S., Burrel James, C. and Sarah Lashlee, Minor heirs of Burrel Lashlee Deceased and together with Amos Brewer, J.A. Browning and Samuel Madden, her securities and entered and acknowledged their bond in the sum of Two Thousand five hundred Dollars conditioned as the law directs for the faithful performances of said Guardian.

Personally appeared in open Court Jacob A. Browning Guardian of Jacob A. Bomar, Minor heir of William Bomar Deceased and together with David Morris and Samuel Madden his securities, and entered into and acknowledged their bond in the sum of six hundred and fifty Dollars and sixty cents, conditioned as the law directs for the faithful performances of said Guardian.

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July Term 1842

Personally appeared in open court M.C. Barnett Guardian of James Harrison minor heir of Samuel Harrison, Deceased and together with A.J. Barnett and Bird B. Barnett his securities and entered into and acknowledged their bond in the sum of Two thousand four hundred dollars conditioned as the law directs for the faithful performances of the said Guardian.

Personally appeared in open court Anderson Lashlee Guardian of Lewis Lashlee Minor heir of Burrel Lashlee deceased, and together with Zachariah Barker and Wyly Arnold, his securities and entered into and acknowledged their bond in the sum of Five hundred dollars conditioned as the law directs for the faithful performances of said Guardian.

Personally appeared in open court Mary Barnett Guardian of Eliza Barnett and Sam Martin Barnett, Minor heirs of John Barnett deceased and together with Bird B. Barnett and A.J. Barnett, her securities and entered into and acknowledged their bond in the sum of Two Thousand five hundred dollars conditioned as the law directs for the faithful performances of said Guardian.

Personally appeared in open court John D. Rushing, Guardian of Synthia A Murry Minor heir of Jefferson Murry deceased and together with W.A. Steele and Lewis Cottingham his securities and entered into and acknowledged their bond in the sum of Three hundred and fifty dollars conditioned as the law directs for the faithful performances of said Guardian.

The Clerk having forbid to make record of the bonds given by the Sheriff at the time it should have been done it is ordered by the Court that they now be recorded as they should have been thru which are as follows (to wit)

Know all Men by their presents that we, A.C. Presson, James Presson, Reddin Hollowell, Thomas Jones, J.W.P. Lewis and John F. Johnson all of the County of Benton and State of Tennessee, are held and firmly bound unto James C. Jones Governor of said State for the time being and his successors in office in the final sum of Twelve Thousand five hundred dollars for which payment well and truly

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July Term 1842

to be Made, we bind ourselves and legal representatives jointly severally & firmly by these presents given under our hands and seals this 4th day of April 1842.

The condition of the above obligation is such that whereas the above bound A.C. Presson is duly and constitutionally elected Sheriff of the County of Benton as appears from the certificate of the proper officer as directed by law which certificate bears date the 7th day of March 1842.  Now if the said A.C. Presson shall well and truly execute and due returns Make of all processes and precepts to him directed and pay and satisfy fees and sums of Money by him received by virtue of any precepts into the proper office by which the same by the law ought to be paid or the person or persons to which the same shall be due his, her or their Executors, Administrators, Attorneys or Agents and in all other things well truly and faithfully execute the said office of sheriff during continuance therein then this obligation to be void otherwise to remain in full force and effect in law.

A.C. Presson                (Seal)
James Presson              (Seal)
Reddin Hollowell          (Seal)
Thomas Jones               (Seal)
J.W.P. Lewis                (Seal)
John F. Johnson            (Seal)

Know all men by these presents that we A.C. Presson, J.W.P. Lewis, James Presson, Thomas Jones, Lewis Cottingham, J.D. Rushing and John W. Hill all of the County of Benton and State of Tennessee are held and firmly bound unto Ephram Perkins Chairman of the County Court for the said County of Benton and his successors in office in the sum of Fifteen hundred Dollars to the payment of which well and truly to be Made We bind ourselves, our heirs, executors and Administrators jointly severaly and firmly by these presents sealed with our seals and dated the 7th March, 1842.

The condition of the above obligation is such that whereas the above bound A.C. Presson has been duly and conditionally elected sheriff and collector of the public and County Taxes for said Benton County now if the said A.C. Presson shall well and truly collect and pay over into the hands of the Trustee of Benton County all the taxes which may be due and owing to the County of Benton for the year 1842 and 1843 for the payment

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July Term 1842

of County agencies the payment of jurors the payment of Paupers and all other Taxes in such cases occurring in said County and then the above obligations to be void else to remain in full force and effect.

I, A.C. Presson do Solemnly swear that I will faithfully collect and Account for all taxes for my County 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 have not been listed for taxation in my county and that I will return a list of property to the Clerk of the County Court, so help me God.

A.C. Presson                Sheriff
A.C. Presson                (Seal)
J.W.P. Lewis                (Seal)
James Presson             (Seal)
Thos. Jones                  (Seal)
L. Cottingham               (Seal)
J.D. Rushing                 (Seal)
J.W. Hill                       (Seal)

Test - G.R. Kilsey - Clerk

On Motion and it appearing to the satisfaction of the Court orders Made at the last April Term of this Court appropriating and allowing that certain claims to be paid by this Court (to wit) One in favour of Thomas Jones, amounting to $33., One in favour of the County revenue Commissioners amounting to $18., One in favour of Septha

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July Term 1842

Nunnery a pauper, amounting to $25., One in favour of William McGee a Pauper amounting to $20., One in favour of Jacob Johnson, amounting to $4., None of which orders having been made on the Minutes of this court in form and Manner as required by the Statutes in that case Made and provided requires, It is ordered by the court that said orders all be annulled Made void and for Nothing esteemed and that a copy of this order be forthwith certified to the County Trustee of this County.

Issued & certified July 6th 1842

The court then proceeded to consider of the appropriation to William McGee, a pauper for the sum of twenty and the vote being taken thereon, those who voted in the affirmative are: Esquires W. Williams, J.L. Williams, Farmer, Alsup & Perkins, 5, and those who voted in the Negative are; Esquires S.E. Davidson, Barnes, J.W. Davidson, McAuley, Hudson, Rushing and Greer, 7. Whereupon it is ordered by the Court that said appropriation be not allowed.

The Court then proceeded to consider of the appropriation to Jacob Johnson, for boarding Sheriff and Guard in the case of the State vs. Ruben S Burton for the sum of four dollars and the vote thereon having been taken, those who voted in the affirmative are; Esquires N. Williams, J.W. Davidson, McAuley and E. Perkins, 4, and those who voted in the Negative are; Esquires S.H. Davidson, Barnes, Hudson, J.L. Williams, Rushing, Greer, Farmer, Alsup and Buchanan, 9.  Whereupon it is ordered by the Court that said sum of four dollars be not allowed.

The Court then proceeded to consider of the appropriation to the Revenue Commissioners for taking a list of the taxable property and polls for the present year to-wit; Jesse Hammonds, Nathan Williams, John W. Davidson. Williams, Barnes, Will P. Morris, A.C. Presson, Elijah Alsup, Geo. W. Farmer and Jesse D Hall, the sum of two dollars each. And the vote having been taken on the same those who voted in the affirmative are; Esquires Farmer, J.L. Williams, N. Williams, McAuley, Barnes, Hudson, Rushing, Greer, Davidson and Alsup, none deserting.  It is ordered

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July Term 1842

by the Court that said sum of two dollars each, and amounting to Eighteen dollars in all, be allowed and paid by the Trustee of this County out of any money in the Treasury for General County purposes not otherwise appropriative.

Copy 6th March 1843

The Court then proceed to consider of the appropriation Septha Nunery a pauper of the county for the sum of twenty five dollars and the vote thereon being taken, those voting in the affirmative Esquires Farmer, N. Williams, J.L. Williams, McAuley, Barnes, Hudson, Rushing, Greer, Davidson, and Alsup, none voting in the Negative.  It is ordered by the court that said sum of twenty-five dollars be allowed and paid unto said Nunery by the trustee of this County out of the moneys in the treasury for the payment of paupers not otherwise appropriated and should the said pauper depart this life before the expiration of twelve months then the trustee is to pay for the time he believes in proportion.

The court then proceeded to consider of the appropriation for the Quorum that served the last year to be allowed the sum of fifty cents each per day and the vote thereon being taken those voting in the affirmative are: Esquires N. Williams, S.H. Davidson, Barnes, J.W. Davidson, McAuley, Hudson, Perkins, J.L. Williams, Rushing, Greer, Farmer, Alsup and Buchanan (none voting in the Negative).  It is ordered by the court that said sum of fifty cents each per day be allowed and paid into said Quorum by the Trustee of this County out of any money in the treasury set apart for general county purchases and not otherwise appropriated.

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July Term 1842

The court then proceeded to consider the appropriation to Thomas Jones for his service in the case of Guarding Mullinict and Runinior in the year 1840 amounting to the sum of four dollars, also Guarding J.D. Hardwicke in the year 1841.  Amounting to the sum of four dollars.  Also for guarding R.C. Benton in the same year, amounting to the sum of three dollars.  Also for furnishing a table for Judges seat, two dollars, and for his services twenty dollars, Making in all the sum of Thirty three dollars, and the votes thereon having been taken, those who voted in the affirmative are: Esquires N. Williams, S.H. Davidson, Barnes, J.L. Williams, J.W. Davidson, Hudson, Rushing, Greer, Farmer, and Alsup.  (None voting in the Negative).  It is ordered by the Court that said sum of thirty three dollars be allowed and paid unto the said Thomas Jones by the Trustee of this County out of any money in the Treasury for general county purposes not otherwise appropriated.

Issued 12th Sept. 1842

E.F. Wills and S.V. Aden who were appointed at the April Term of this Court to Make settlement with Ephram Perkins, John F. Johnson, Green Flowers, and Lewis Brewer commissioners of the Town of Camden.  Made report of their settlement to this court and some of the court objecting to that part of the settlement in which the said Commissioners were allowed a credit for Moneys which were paid out, and which above from the sale of Town lots to purposes other than paying for the public building in the Town of Camden. And the vote having been taken on the same, those who voted against said credits are; Esquires Farmer, J.L. Williams, Rushing, Greer, Hudson and Barnes - 6 And those voting in favour of receiving said settlement as it is are: Esquires Hammonds, N. Williams, S.H. Davidson, J.W. Davidson, McAuley, Perkins and Alsup - 7  And thereupon objections were Made as to the legality of the vote of Esq. Perkins in this case, he being considered as personally interested, and the vote being taken on this subject, there were eleven votes cast against his voting and one in favour of his voting - And thereupon it was ordered that said report stand over for further consideration.

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July Term 1842

The Court then proceeded to Make an allowance to John W. Utley, Register of this County for a Blank Book by him, furnished for the use of the Registers office of this County and having produced a recpt. for the payment of the same for the sum of one dollar and 25 cents.  And the vote being taken on said appropriation those who voted in the affirmative are: Esquires Hammonds, N. Williams, S.H. Davidson, Barnes, J.W. Davidson, McAuley, Hudson, J.L. Williams, Rushing, Greer, Farmer and Alsup & none voting against it.  It is ordered by the court that said sum of one dollar & 25 cents be allowed and paid by the trustee of this county out of any money in the treasury for General County purposes Not otherwise appropriated.

The Court then proceeded to Make an allowance to D.P. Hudson, Clerk of the Circuit Court of this County for a book by him furnished for the use of said office and having produced a receipt for the payment of the same for $1.25 and the vote being taken thereon those who voted in the affirmative are: Esquires Hammonds, N. Williams, S.H. Davidson, Barnes, J.W. Davidson, Greer, Farmer & Alsup & none voting against it.  It is ordered by the Court that said sum of one dollar & 25 cents be allowed and paid unto said Hudson by the trustee of this County out of any moneys in the Treasury for the General County purposes not otherwise appropriated.

The Court then proceeded to make an allowance to G.R. Kelsey Clerk of this County for books by him furnished for the use of this office, and he having produced an account of the costs of the same, Amounting unto the sum of sixty two dollars & fifty cents and the vote having been taken on said appropriation.  Those who voted in the affirmative are Esquires Hammonds, N. Williams, S.H. Davidson, Barnes, J.W. Davidson, McAuley, Hudson, Perkins, J.S. Williams, Rushing, and Farmer.  And those who voted in the negative are: Esquires Greer and Alsup.  Whereupon is ordered by the Court that said sum of $62.50 be allowed paid unto said Kelsey, by the Trustee of this County out of any money in the treasury for General county

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July Term 1842

purposes without regard to other appropriations.

Issued July the 6th 1842

The Court then proceeded to make allowance to Amos Bruce former trustee of this County for the sum of twenty-five dollars 36 cents which appears on the settlement by the revenue commissioners with him that he had overpaid and also the sum of twenty five dollars which appears to the satisfaction of the Court that he had paid to John Winn on account of a pauper of this county and that he has no credit for in said settlement Making in all the sum of fifty dollars and the vote being taken on the same, those who voted in the affirmative are: Esquires Hammonds, N. Williams, S.H. Davidson, Barnes, J.W. Davidson, McAuley, Hudson, Perkins, J.S. Williams, Rushing, Greer, Farmer and Alsup 12, (None voting in the Negative).  It is ordered by the court that said sum be allowed and paid by the Trustee of this county out of any money in the treasury for General county purposes not otherwise appropriated.

So court adjourned until tomorrow morning at nine oclock

D.P. Hudson
J.L. Williams                 J.P.
George W. Farmer,      J.P.
William Barnes             J.P.

Tuesday Morning July the 5th

Court met according to adjournment and there being present and presiding on the bench worshipfuls, Esquires D.P. Hudson Chairman, Perkins, Farmer, Barnes, N. Williams, J.F. Williams, McAuley, S.H. Davidson, J.W. Davidson.

Personally appeared in open court Mary Pully Guardian for Thos. W. Pully Minor heir of William Pully Decd. and together with Charles J. Wheatley and E. Perkins her securities entered into and acknowledged their bond in the sum of five hundred dollars conditioned as the law directs for the faithful performances of said Guardian

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July Term 1842

The Court then proceeded to consider and change an order that has been made heretofore by this court to pay for building or aiding to build a Jail and the Note being taken thereon those voting in the affirmative are Esquires: N. Williams, S.H. Davidson, Barnes, J.W. Davidson, McAuley, Perkins, J.L. Williams, Farmer and Hudson (None voting in the Negative).  It is ordered by the court that the said funds be placed to the payment of the court house for which it was first appropriated and that the sheriff proceed to collect any funds and apply them to the credit of executions in the hands of the sheriff in favour of Samuel Ingram against the Commissioners for the town of Camden.

It is therefore ordered by the Court that the Clerk of this Court commence and Make out a revenue docket as required by the statutes of this state showing all the Taxes levied since the organization of the County Court in Benton County so far as can be Made from the records now on file in said office. There being present and on the bench Esqrs. Hudson, Perkins, Farmer, N. Williams, S.H. Davidson, Barns aand McAuley and all in favour of said Motion.

Issued 13th Aug., 1842.

On Motion it is ordered by the Court that William Kilbreath be appointed and answer to work on the road leading from W.M. McAuleys to intersect the Camden road near Nelson Pearce and that the following hands or them that live in the bounds as follows from said road down Cotton Creek to Berryhill's Mill then to the County line so as to include John Sanders and to work on said road under said Kilbreath and said road is established in the 2nd class

So Court adjourned until Court in Course.

D.P. Hudson
Geo. W. Farmer           J P
E Perkins                      J P
John W. Davidson        J P.
William Barnes             J.P.
W.M. McAuley            J.P.
Nathan Williams           J.P.
S.H. Davidson              J.P.

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