MORGAN COUNTY COURT
1859 EXCERPTS

P. 187 Ordered by the court, that WILLIAM MYRES be allowed $5 out of any money in the hands of the trustee not otherwise appropriated for making EDWARD HAWKINS coffin. Ordered by the court, that the heirs of JOHN McEWIN be released of any and all taxes with which they were taxed for 1857 and 1858 except on 2000 acres valued at $2000 and that the sheriff have a credit for the same.

P. 189 The suggestion of the death of RICHARD STRINGFIELD late of Morgan Co. and he died without leaving a will or testament. On motion and order of the court WM. STRING (sic) be appointed adm. of the estate.

P. 193 WILLIAM SRINGFIELD, came into open court and presented an inventory of the estate of RICHARD STRINGFIELD dec’d, which was ordered to be recorded in the proper book.

P. 195 The following justices being present JOHN STRINGFIELD, W. H. JONES, J. B. JONES, P.G. HUDSON, T. H. DAVIS, J.B. FAIRCHILDS, WILLIAM BOWMNER, N. B. HUDSON, W. R. WILLIAMS and JEREMIAH HURST Esquire, do adopt and adjudge and declare that the following to be the county tax for the year 1859.: On all real and personal estate which by law is taxable $0.35 on each $100. Each poll $0.50 All merchants $15 All peddlers on foot $10 All peddlers on horseback $20 Each _____ vehicales (sic) $30 All playing cards per deck $0.35 Discounting ?? money and sharing notes $5, All race tracks $5 Exhibiting Dwarfs, or animals deformed or person of unusual size $5, Each circus, feats of activity or of strength $25, All _________ $25 Each Stallion or Jack half the price of the insurance of such.

February term

P. 200 WILLIAM J. SCOTT, deputy clerk of this county, presented in open court a settlement he made with WILLIAM BURTON. Adm of the estate of A. J. HALL dec’d it is examined and ordered recorded in the proper book. W. J. SCOTT presented to the court an inventory of the sale filed by JOHN WHITE adm. of the estate of MICHAEL GREEN dec’d which is ordered to be spread upon the inventory book.

P. 201-202 THOMAS H. DAVIS adm and CHARLOTTE DAVIS adm vs RICHARD G. HUDSON guardian of ELIZABETH DAVIS, JOHN DAVIS, JAMES C. DAVIS, WILLIAM DAVIS, THOMAS L. DAVIS, JOSEPH? DAVIS HENRY H. DAVIS and SUSAN DAVIS minor children of HUGH R. DAVIS dec’d. Partition to sell land. February 7, 1859. The court answer. The court is not aware of the necessity of the sale of the land mentioned in the partition. The clerk of the county is to evaluate the “condition” of the estate and report to the next term of court.

P. 202 JONATHAN McPETERS executor (sic) of the estate of FIELDING GRIFFITH dec’d came into open court with an inventory and account of the sale of the estate of the said dec’d for the year 1858 it is approved by the court and ordered spread upon the inventory book.

G. W. KEITH and JOHN WEBB, after being duly sworn this day appeared in open court, and say that they were well acquainted with BETSY STAPLES, wife of JOHN STAPLES of Morgan County that she was a pensioner for life and the wife of JOHN STAPLES who was a pensioner. That she died in Morgan County, TN on or about August 24 1858. The pension certificate was produced in open court and WILLIAM SUMMERS was duly qualified as executor of the said BETSY STAPLES, and he entered into bond as required by law.

March term

P. 209 On motion MARY A. HALL, widow, of A.S. HALL dec’d, she is approved guardian of JAMES M. HALL, MARLIN HALL, JANE HALL and GEORGE HALL minor orphans and her children and having been qualified accordingly by law entered into bond.

P. 210-211 THOMAS H. DAVIS and CHARLOTTE DAVIS adm. VS RICHARD G. HUDSON guardian of the minor children of HUGH R. DAVIS dec’d. Partition to sell land to pay debts. The report of the estate of HUGH H. DAVIS dec’d by the County Court Clerk that $301.71 has been realized and that the estate owes $1150. Therefore it is necessary to sell the land mentioned and it will be necessary to sell the sawmill and 500 acres of 5000 acres. J. W. SCOTT is appointed special commissioner to make a written notice of the sale, which shall be on the courthouse door in the town of Montgomery and on the courthouse door of Anderson County, also on other public places.

P. 212 WILLIAM STRINGFIELD, adm. of the estate of RICHARD STRINGFIELD,dec’d produced in open court an account of the sale of RICHARD STRINGFIELDS estate? And it was ordered spread upon the property books. ANNE BENEKE is indentured to FREDRICK ENKECT??? until she is 18 years old she is to be given 10? years of schooling. She is five years old.

P. 213 There is an agreement between W. H. JONES, Chairman of the County and JOHN W. LAYMANCE on behalf of GEORGE, a free base born child of the body of ELIZABETH CAMPBELL, about the age of 13 , for the use and benefit and custody and control of said boy until he is 21 years old. He shall be clothed, fed, taught a trade and given six months of schooling.

P. 218 WILLIAM J. SCOTT deputy clerk of this court presented a settlement he made with JONATHAN McPETERS adm. of the estate of FIELDING GRIFFITH dec’d and also of T. C. PETERS adm. of WESLEY PETERS dec’d , which was considered regular and ordered to be recorded on the books for that purpose.

April term

P. 219 It appearing to the court that ROBERT WHITE is a free Negro man without home or place of abode int county, declares that he shall enter into bond as required by law for his good behavior for 12 months. He and J. B. SCHOOLER enter into a $500 bond.

P. 223 An agreement between W. H. JONES, Chairman of the county and THOMAS HENDERSON for the control and custody of FREDERICK BENKE, a minor orphan, the age of 4 years until he arrives at the age of 21. HENDERSON is to give him 1 years schooling, plenty to eat and wearing apparel all the time, and at the end of the apprenticeship he is to give him a suit of clothing and $50 in cash.

P. 225 WILLIAM J. SCOTT Clerk of Circuit Court presented the following bills, certifed by the Judge and Att. General. State vs SARAH FREELS July term 1858 Charge: Violently taking possession of _______ belonging to W. J. SCOTT. She was found not guilty by jury at the Oct. Term 1858 cost= $9.24. The October term of Circuit Court for grand jury witnesses: Clerk, W. J. SCOTT $0.30. ISAAC, A. SNOW =$0.50 TOTAL $0.80.

P. 226 State vs JAMES W. BROWN July term 1854 for affray and was never arrested until September 7, 1858, tried by jury October term 1858 and acquitted. Cost = $23.67

P. 227 State vs WILIS Y. PRICE on the bail bond of E. R. DUNCAN, to answer the charge of affray, forfeiture was taken against him, but before it was made final the defendant deceased and the cause was abated. Cost= $6.35

P.228 State vs JESSE DAVIS, JOHN DAVIS AND WILLIAM DAVIS defendant were arrested and brought before a JP on charges of A&B on the body fo PAT??LEWALLEN. The prosecutor failed to appear to prosecute they were released. Cost= $3.60 State vs WILLIAM ADKINS Fined $25 for not appearing when summoned to court, but it was set aside and the county is to pay the cost. Cost=$3.35

P.229 State vs WASH NEAL affray July term 1858 tried at October term and acquitted by a jury. Cost = 10.87 State vs CHARLES ROTH Peace Warrant tried by JP bound over to Circuit Court, prosecutor failed to appear. Cost= $4.75

P. 232 LUMPKINS McKINNEY shall be released from $1.15 poll tax accessed against him for the year of 1858 and the sheriff shall have credit for the same.

May term

p. 235-236 JOHN WHITE, Corner of morgan County, made an inquest inthe death of JOHN P. DAVIS in said county. The inquest was held at JOHN STRINGFIELDS Mill on Emory? River April 12, 1859. The body of JOHN P. DAVIS lying dead, and the jurors upon their oaths do say that by accident he came to his death by drowning. Jury was: LARKIN B. SNOW, JAMES _____, WILLIAM DUPEE, JAMES M. McGILL, ISAAC BINGHAM, J. B. HATFIELD, WILLIAM BINGHAM, and F. MELHORN. I also report that I received _____ the estate of JOHN P. DAVIS which I have not taken to further action. Signed J. WHITE Corner.

P. 236 THOMAS H. DAVIS & CHARLOTTE DAVIS adm. Vs Heirs of HUGH H. DAVIS and RICHARD G. HUDSON their guardian. Offered for sale 4-30-1859, 200 acres including the sawmill, rescinded, no bid. Offered 170 acre tract lying on the Little Emory joining the land of ELIAS BUTLER and others rescinded, no bid. Also offered 50 acres adjoining the lands of HENRY CHILES and others rescinded, no bid, also offered 50 acres adjoining the lands of CHRISTIAN RUFFNER and others on the water of Little Emory and CHRISTIAN RUFFNER was the highest and best bidder at $20. Given under my hand this 2nd day of May 1859.WILLIAM J. SCOTT.

P. 238 The court orders that the land of HUGH R. DAVIS dec’d shall be put up for sale again.

June term

P. 239 State vs HIRAM KEY Bastardy. Came the defendant and says he can’t safely go trial in this case and ask for a continence of the same until next term of court. He makes a $250 bond with Abraham Cox as his security.

July term

P. 245 W. J. SCOTT Circuit Clerk presented the following bills of cost for Circuit court. State vs CHARLEY S. FRANCIS Profanity indicted Oct. Term 1858 tried Feb. Term 1859 by jury and acquitted. Cost=$10.55 State vs CHARLES WALLERDOFF?? 1857 nolled ?? Feb. 1859. Cost=$18.85

P. 246 State vs SAMUEL JONES A challenge to fight. July term 1858 tried Feb. Term 1859 and acquitted. Cost $12.47 State vs WILLIAM FAULS?? Disturbing the public worship Feb. 1859 Nob___?? Cost $6.70

P. 247 State vs DAVID C. WHITE disturbing the public worship. March term 1858 nol_____ Cost $11.91 State vs JOSEPH ETHERTON and PATSY LEWALLEN INDICTED FOR LEWDNESS. Could not be arrested at the Feb. Term 1859________ ___ being entered. Cost $9.63

P. 248 THOMAS H. DAVIS and CHARLOTTA DAVIS vs The Heirs if HUGH R. DAVIS. ON June 20, 1859 sold 200 acres including the sawmill to SAMUEL STONCHPHER, for $310.sold 170 acres lying on Little Emory to M. STEPHENS for $50, sold 50 acres on Little Emory to M. STEPHENS for $10. WILLIAM J. SCOTT.

P. 250 SAMUEL CHILES was paid $15 for service as a solicitor in the cause, and M. STEPHEN be allowed $16 for non-payment of taxes for the year 1858. State vs HIRAM KEY Bastardy. Comes the defendant and says he is guilty, he is the father of the Bastard male child delivered of the body of RACHAEL GREEN in the said county of Morgan. He must give bond for the maintenance of the child and pay the cost of this case. GARRETT HALL and JOHN WHITE are his securities.

August term

P.254 THOMAS H. DAVIS and CHARLOTTA DAVIS vs Heirs of HUGH R. DAVIS dec’d. Funds are not sufficient to satisfy the demands against the estate. Those who have claim against the estate file with the County Court before December 1, 1859 and the monies of the estate shall be shared among the creditors. September term

P. 256 The death of ROBERT BUSH being prove to the satisfaction of the court it is ordered that JAMES B. JONES , JAMES O. LANGLEY and JAMES KELLY be appointed commissioners to lay off a years support to widow Rebecca and will take into consideration the ---------- of the estate and condition and will report to next term of court. REBECCA the widow of ROBERT BUSH ask for an adm. to be appointed to the estate and JOHN WHITE assumed the position. October term

P. 259 JOHN WHITE returned an inventory of the estate of ROBERT BUSH and it is ordered spread upon the book of that purpose. The commissioners heretofore appointed to lay off a years support to REBECCA, wife of ROBERT BUSH having made their report, which being confirmed is ordered recorded.

P. 264 Apprenticeship of REUBEN LAYMANCE: An agreement of JOHN WHITE with J. J. JONES, Chairman of Morgan County for the custody and control of REUBEN LAYMANCE an orphan child the age of four year until he is 21. The child is to be given 2 years of schooling between the ages of 6 and 10 and 1 years schooling between the ages of 16 and 18, he is to have plenty to eat and wearing apparel all the time and at the end of the apprenticeship he us to be given two suits of clothing and $50 in cash . October 3 1859.

P. 265 Ordered by the court that JACOB HEADRICK be paid $1 for making the coffin of M. J. LAYMANCE, a deceased person of said county who was unable to pay for the same. November term

P.267 M. STEPHENS presented a deed of conveyance form SHADRACK STEPHENS of Morgan County to ___ D. STEPHENS of MO for 80 acres if land lying in the Jasper Co., MO. Lying on the south half of N. W. quarter section 25 in township 33 of range 29 and dated November 6, 1854. MARSHELL G. STEPHENS and JOHN L. KINGTON subscribing witnesses to the same after being sworn say they heard SHADRACK STEPHENS the bargainer acknowledge the execution of the same. It is ordered that the deed be certified.

P. 268 JOHN WHITE adm. of the estate of ROBERT BUSH dec’d this day returned an account of the sale of personal property of the said deceased. It is ordered to be recorded on the book for that purpose.



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