This page was last updated:
Sunday, 09-Sep-2018 00:58:06 MDT

Robertson Co TN
Circuit Court Minutes Book A
1832 - 1838

Oct 8, 1832
pg 6)
A bill of sale from John HYDE to Willis HYDE for Negroes Susan, Henry and Bindy was produced in open Court and the execution thereof proved by the oaths of Henry E. HYDE and John HYDE the subscribing witnesses thereto and was therefore ordered to be certified for registration.
A power of attorney from William BARTLETT to Benjamin F. STANFIELD for certain purposes therein specified was produced in open Court and acknowledged by the said William BARTLETT to be his act and deed for the purposes therein contained.
The declaration of William EDWARDS sworn to and subscribed with the proper certificate recorded thereto annexed, sworn to and subscribed for the purpose of obtaining the benefit of the Act of Congress passed the day of 183 was produced in open Court, and submitted to the satisfaction of the Court, and the Court having examined said declaration certificate and being satisfied of the __ of the same and having submitted the interrogations required by the War Department - the applicant or ___ ___ sufficiently answered in said declaration orders that the clerk of this Court attach thereto the proper certificate as requested by the War Department.
The declaration of Martin WALTON, Richard NUCKOLLS and Wadley BROOKS were severally produced in open Court and having formerly undergone the inspection of the Court and the Court being satisfied that they are in due form for the purpose of obtaining the benefit of the Act of Congress passed the day of 183 it is ordered by the Court that they
pg 7) severally be certified by the Clerk of this Court in due form of law to the War Department.
Court then adjourned until tomorrow morning at eight o'clock
Parry W. HUMPHREYS
Tuesday morning October 9th 1832 Court met according to adjournment present the Honorable Parry W. HUMPHREYS Judge & Presiding
Sampson WILLIAMS vs Josiah FORT - Covenant
On motion of the plaintiff by attorney ___ is granted the plaintiff to amend his declaration filed in this case.
Joel McDANIEL vs Thomas APPLETON - Case
It is ordered by the Court by the assent of the counsel of plaintiff and defendant respectively in this cause that the same be and is hereby continued until the next term of this Court.
It is ordered by the Court that Joseph BENTON and Oliver EDWARDS jurors summoned on the original venire be fined twenty five dollars nine cents for failing to appear at this term of the Court in pursuance of his summons on original venire.
It is ordered by the Court that Oliver EDWARDS a juror summoned on the oritinal venire be fined twenty five dollars for failing to appear at this term of the Court in pursuance of his summons on original venire.

Oct 1832
pg 11)
Sampson WILLIAMS vs Josiah FORT - Covenant
This day came the defendant in this cause by attorney and pleads that he hath performed the covenants in the plaintiff's declaration set forth and by agreement of the plaintiff's counsel __ is granted the defendant to offer any matter in evidence on the trial of this cause which might have been plead specially.
A deed of trust from William EVANS to Isaac MASON for the benefit CHEATHAM and SAUNDERS was produced in open Court and the execution thereof proved to be the act and deed of the said EVANS by the oaths of Joachim GREEN and John W. RICHMOND for the purposes therein contained and was therefore ordered to be certified for registration.
A deed of conveyance from George M. TOWNSEND to CHEATHAM and SAUNDERS for two __ tracts of land the one containing one hundred and twenty acres the second containing fifty acres was produced in open Court and the execution thereof proven by the oath of William H. DORTCH and Richard R.P. POWELL subscribing witnesses and was thereupon ordered to be certified for registration.

April 1833
pg 57)
controversy between the parties upon their oaths do say that they find the matters in controversy in favor of the plaintiff and the jurors aforesaid upon their oaths aforesaid do furthur find and say that the defendant doth owe the plaintiff the sum of twelve dollars and forty six cents. And thereupon Mortimer A. MARTIN in open court with the ___ of the plaintiff that a judgement be entered against him for said sum of twelve dollars and forty six cents and the costs in this behalf expended. It is therefore considered by the court that the plaintiff Hugh H. EDWARDS recover of said Mortimer A. MARTIN said sum of twelve dollars and forty six cents and the costs in this behalf expended and judgement is hereby entered accordingly.
Martin WALTON Guardian of Charles POWELL's heirs defendant vs James DOSS of the plaintiff - Ejectment
On motion of defendant by attorney and with the consent of the plaintiff's attorney and consent of the court this cause is continued until the next term of this court as an affidavit of defendant. And on motion a general order for depositions is awarded by the court by giving the parties respectively 10 days notice in and 30 days out of the county.
Jeremiah P. BELLAMY vs Benjamin R. POWELL - Appeal from Justice of Peace
This day this cause came on for trial and the plaintiff's attorney __ being ___ therefore and offering no sufficient reason for a continuance of this cause. It is thereupon ordered by the court that a non suit be entered in this cause
pg 58) which is done. It is therefore considered by the court that the defendant go hence without delay and that the defendant recover of the plaintiff his costs on this behalf expended and judgement is hereby entered accordingly and the plaintiff has come to with ___ the note on file in this cause.
Martin WALTON Guardian of the heirs of Charles POWELL's heirs vs James DOSS - Ejectment
On sufficient reasons of find by the plaintiff an affidavit it is ordered that he have leave to take the deposition of Samuel HUDGINS at the house of R.P. POWELL in Springfield Robertson County. Therefore between the hours of 3 and 5 o'clock on today to be used as evidence in behalf of the plaintiff on the trial of said cause and it is further ordered by the court that this order operate as sufficient notice to the defendant.
Wilson HUTCHISON vs Wm H. EARLE - Certiorari
This day came the plaintiff by attorney and ___ the court for leave to dismiss this ___ which is granted. It is therefore considered by the court that this ___ be and the same is hereby dismissed and that the defendant Wm H. EARLE go hence without delay and that he recover of the plaintiff Wilson HUTCHISON his costs in this behalf expended and judgement is hereby entered accordingly.
Henry JERNIGAN vs Wm J. HOLEMAN - Bill
Be it ___ that on this day this cause came in for

Oct 1833
pg 119)
general in behalf of the state and the defendant in proper person being arraigned at the bar and arraigned on the bill of indictment pleads not guilty to the bill of indictment exhibited against him in this cause and therefore the defendant was remanded back to prison.
State of Louisiana vs Andrew HICKS - Indictment for Stealing
This day came again the solicitor general in behalf of the state and the defendant in proper person and thereupon the solicitor general offers his affidavit for the continuance of this cause and because it seems to the court that the ___ set forth in said affidavit are sufficient for a continuance of this cause it is therefore considered and ordered by the court that this cause and the same is being considered until the special term of this court commencing the 2nd Monday in January next and thereupon the defendant was remanded to prison.
Matthew WILLIAMS vs Thomas APPLETON - Case transferred from County Court - On motion of the defendant by attorney case is granted the defendant to take the deposition of Harriet APPLETON of the state Mississippi by giving the plaintiff thirty days notice of the time and place of taking the same.
Martin WALTON Guardian of the minor heirs of Charles POWELL vs James DOSS - Ejectment
On motion case is granted the plaintiff to take the deposition of John TURNER of the state of Kentucky by giving the defendant ten days notice of the time and place of taking the same. Court then until tomorrow morning at 9 o'clock.

April 1834
pg 144)
that William SEAL be appointed guardian "ad letters" to defend the interests of said Richard, Elizabeth and James, Jurilda, Margaret and Lake L. in this suit.
State of Tennessee vs Willie J. CARROL - Bastardy Appeal from County Court -
On motion of the defendant by attorney and affidavit appeared to the court it is ordered by the court that this cause be continued until the next regular term of this court commencing the 2nd Monday of October next on condition that he __ unto recognisance for keeping the bastard children of in the proceedings in this cause from becoming chargable to this county. And thereupon came the paid Willie J. CARROL and his securities Daniel CARROL and Thomas JONES who acknowledged their __ jointly and ___ held and family bound unto the state of Tennessee in the paid sum of two hundred and fifty dollars conditined to be said of he the said Willie J. CARROL shall make his personal appearance at the next regular term of this court with __ Wednesday after the 2nd Monday __ of and that the child begotten a bastard on the body of Lucinda BARCH in the proceedings in this cause mentioned do __ become chargable to the county between this and the said first Wednesday after the 2nd Monday in October aforesaid and that he do not depart hence without leave of the court first had and obtained and if the said child becomes chargable that they pay all costs, charges in that behalf.
The account of Andrew STUART surveyor for services in the case of Martin WALTON guardian of the Charles POWELL's heirs depose vs James DOSS amounting to six dollars and 25 cents was produced in open court sworn to and allowed and ordered to be ___ in the bill of costs.
pg 145) Martin WALTON guardian of Charles POWELL's heirs __ vs James DOSS - Ejectment
This day came the parties by their attornies and thereupon came a jury of good and lawful men, to wit, David GROVES, William LATIMORE, Richard BENSON, Mims RAILY, Epa L. FORT, James N. JONES, __ BROWNING, James ADAMS, J__ S. ELLIS, Richard COLGIN, William SHANNON, and Thomas SPAINE who being duly elected, tried and sworn the truth to speak upon the issues joined between the parties upon their oaths do say that they find the issues in favor of the plaintiff and that the defendant is guilty of the trespass & ejectment in manner and form charged in the plaintiff's declaration mentioned, and the jurors aforesaid upon their oaths aforesaid do further find and say that they assess the plaintiff damages by reason of the __ and __ mentioned in said declaration at next court and that the defendant in this cause was in posession of the land and premises in the plaintiff's declaration described and mentioned at the time therein set for them. It is therefore considered and ordered by the court that the plaintiff in this cause recover of the defendant the balance of his ___ get expended in the land and premises in said declaration described and the sum of one cent the damages so assessed and the costs in this behalf expended and that he have his costs of possession.
Ezekiel PHILIPS vs Thomas ___ - Certiorari and ____
This day came the parties by the attornies and thereupon came a jury of good and lawful men, to wit, ___ PITTS, Peter FISER, Henry JOHNSON, H___ WALKER, Malachi ___, Eliga RIGGS, John C. S____, Samuel LONG, John DRAUGHAN, Samuel RAILY, John ___, and Jacob ___ who being duly elected tried and sworn the truth to speak on the matters in certiorari.

March 1837
pg 373)
John H. SMITH vs Henry J. MATTHEWS - Case
This day came the parties by attorney and thereupon came a jury of good and lawful men, to wit, John C. STRAUGHAN, Elijah HIGHSMITH, David TAYLOR, William TAYLOR, William WATSON, Jacob SHORES, George BLAIN, Nathaniel __, Alfred JUSTICE, John SONG, Jacob BINKLEY, Henry HART and Lewis NUCKOLLS who being duly elected, tried & sworn will and truly to try the issues joined between John H. SMITH plaintiff and Henry J. MATTHEWS defendant and a true verdict render according to evidence upon thier oaths do say that they find the issues in favor of the defendant. It is therefore continued by the Court that the defendant go hence ___ day and recover of the plaintiff the cost in this behalf expended & that execution issue for same.
James DOSS vs John BIGBY
This day came the parties into open Court and by their consent the matters in dispute between the parties in this cause are referred to the arbitrament and award of Matthew POWELL, John JUDKINS, Thos. SHAW,
pg 374) Robert HICKS, Reuben ROSE and David WALTON or a majority of them and in case they cannot agree they are to call in an ___. They are to take the papers, hear proof, make out an award in writing and return it to this term of the Court and said award when returned shall be entered as the judgement of this Court.
Richard W. BELL vs Rich. R. POWELL - Warrant Appeal
This day license is given by the Court on application of the defendant by his Council to amend the return upon the warrant by adding immediately after the words 6th of March 1837 and cited the defendant to appear before Robt B. MITCHELL Esq. at his own house on the 8th day of March instant.
Lemuel AYRES vs William AYRES & Levi TRAUGHBER - Ejectment
This day came the parties by their attorneys and thereupon came the defendant in proper person and agree to enter into the common rule to confess lease entry and plead not guilty and rely upon their title only and they having entered into bond and security as the law directs. They are admitted as defendants in this suit. And thereupon the defendants by attorney plead and say they are not guilty of the __ and ejectment as the plaintiff hath alleged against them and of this they put themselves upon the county.

May 2, 1837 Tuesday
pg 378)
Reuben BROWNING vs William SEAL & John HUTCHISON, Admr - Case
This day came the parties by attorney and thereupon the plaintiff by his order and attorney agrees to dismiss this suit upon the payment of the cost by defendants. The defendants thereupon assumes the cost in this suit. It is therefore ordered as the Court that this cause be dismissed and that the defendants pay the cost as they have assumed & that execution issue.
J.W. SIGLER for James DOSS vs John S. BIGBY
This day the arbitors to whom was refused the arbitrament and award of this cause returned unto Court in words and figures following to wit,
State of Tennessee Robertson County
Whereas by an order of the honorable Circuit Court of the County of Robertson at its May term 1839 a certain case therein a proceeding between John W. SIGLER who sues for the ___of James DOSS Admr of the estate of John SIGLER dec'd vs plaintiff and John S. BIGBY is defendant was referred to us to be arbitrated and decided and in compliance with said defendant or ordered at the request of said parties we have met at the house of Thomas FARMER
pg 379) in Springfield on this 2nd day of May 1837 to perform the duties assigned us and after hearing the allegations and proof of the parties doth bring present and fully considering and understanding the matter, submitted as, do decide and award that the plaintiff recover of the defendant twelve dollars and fifty cents it appearing to us & ___ remains due from defendant to plaintiff. And we further award that James DOSS for whose use this suit was brought pay the cost of suit given under our hands the day and date above written.
John W. JUDKINS, Thomas HOLLAND, Matthew POWELL, Reuben ROSE, David J. WALTON, R.K. HICKS
Court then adjourned until tomorrow morning half after eight o'clock.
William T. BROWN
May 3, 1837 Wednesday
pg 379)
Court met according to adjournment the Honorable William T. BROWN Judge & presiding

Notes:
1. Covenant - A promise in a written contract or a deed of real property.
2. Ejectment - A lawsuit brought to remove a party who is occupying real property. It is against someone who has tried to claim title to the property.
3. Venire - A list from which jurors may be selected.