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Robertson Co TN
Circuit Court Minutes Book C
1843 - 1849

Oct 4, 1843 Wednesday
pg 7)
himself the defendants security for the above fines & costs. It is therefore considered by the court that the State of Tennessee recover of the defendant and John J. POPE his security the aforesaid fine of two and a half dollars together with the costs in this behalf expended & that execution issue.
State of Tennessee vs Franklin & Alexander WALTON - Assault & Battery
This day came the attorney general in behalf of the state and the defendants in proper person, who being arraigned & charged upon the bill of indictment against the, the defendant Alexander WALTON pleads not guilty in manner & form as charges in the bill of indictment & the defendant Franklin WALTON pleads a__ f__ convict and for their trial puts themselves upon the county and the attorney general doth the like whereupon came a jury of good & lawful men, to wit, A.G. BROWN, W.J. SAVRISON, D.P. BRADEN, David WILLIAMS, Mills TAYLOR, M. WILLIAMS, Bazel BOREN, John T. SIMMONS, Lewis HUNT?, John ELNORE, R.M. ADAMS & Jo A. McMILLON who being duly elected, tryed & sworn will & truly to try the issue of traverse joined in this case & a true deliverance make according to evidence do upon their oaths say that they find the defendant Franklin WALTON not guilty in manner and form as charged in the bill of indictment against him and not able to agree in __ __ as to the defendant Alex WALTON whereupon by consent of the court order a mistrial as to defendant A. WALTON. It is also considered by the court that the defendant Franklin WALTON go hence without delay & that the county of Robertson pay the costs of this prosecution as to him.
John P. SIMMONS vs Rich CHOWNING & J.C. PAYNE
This day came again the parties by their attorneys & the jury that was impanelled, sworn & charged in this cause on yesterday and having not yet agreed in their verdict and this day being already far advanced, they were again permitted to dispense till tomorrow morning 8 o'clock.
Tabitha STRAIN vs Thomas J. WALTON
This day came the parties by their attorneys whereupon an affidavit of the defendant the court order this cause to stand continued til the next term of this court. It is therefore considered by the court that the plaintiff recover of the defendant the cost at this time in the behalf expeded & that execution issue. It is further ordered by the court that the defendant have leave to take the deposition of S & P GAINS of the state of ____ and Telford CHOWNING of the state of ____ by giving this plaintiff 30 days notice of time & place.
Exparte, the petition of David McMURRY's widow & heirs for dower & sale of land & negroes. This day this cause came on to be heard before the honorable W.A. MARTIN Judge & upon the petition of ____ and the court not being satisfied as to the ____ of selling the land & negroes belonging to the deceased as in the petition mentioned. It is ordered by the court that so much of said petition as ___ to the sale of the land & negroes in the petition mentioned be referred to the clerk of this court and that he take proof & report to this court at its present term whether it will be to the advantage or disadvantage of said heirs to sell the land & negroes in the petition mentioned.
Same, In pursuance of an order made at this term of the court directing me to take proof & beg leave to report, that I have called before me Richard CHOWNING & Samuel GILBERT who being first sworn I have diligently examined and from the proof before me am of opinion, that it will be ____ to the advantage of the heirs of David McMURRY, dec'd
pg 8) that the land & negroes in the petition mentioned be sold & therefore do report accordingly.
Jesse DAVIS, Clk
Exparte, The petition of David McMURRY's heirs
This cause came on before the honorable M.A. MARTIN Judge & upon the petition files in this cause & clerks report taking proof & the court being sufficiently advised of and concerning the ___. It is ordered, adjudged & decreed that a writ of dower issue directing the sheriff of Robertson county to summon five commissioners to lay off & allot to the widow of said deceased her dower right in the ___ estate of said dec'd & that they report to the next term of this court. It is further ordered, adjudged & decreed by the court that the clerk of this court, sell on the ____, to the highest bidder on a credit of one & two years, the remaining part of the land of said dec'd after the widow's dower is allotted her, together with the negroes belonging to said estate, first giving 20 days notice by written advertisement at the courthouse door in Springfield & not less than three more public places in the county of Robertson, taking notes & good security for the purchase money, retaining a lien on the land til paid for & that he make his report of his doings to the next term of this court.
Court then adjourned till next term morning 8 o'clock
M.A. MARTIN

Oct 5, 1843
pg 8)
Court met this morning according to the adjournment of yesterday evening, present the honorable Mortimer A. MARTIN, Judge
Theo MORGAN vs Reuben JONES - Motion
This day came the plaintiff by council and moved the court for a relaxation of the costs in this cause. It is ordered by the court that notice be issued to defendant accordingly.
State of Tennessee vs Alexander WALTON
This day came the attorney general again in behalf of the State & the defendant in proper person and withdraws his plea by him unpleaded & pleads guilty in manner & form as charged in the bill of indictment. Whereupon the court ordered that the defendant pay the state of Tennessee a fine of one cent & the costs in this prosecution for which an execution may issue.
Exparte, petition of David TAYLOR's heirs to sell land & negroes
In this cause the petition is referred to the clerk of this court to hear proof & report immediately & to the ___ of selling the property in the petition mentioned.
In obedience to the above order to me ___, I have called before me James M. GUNN & David TAYLOR, who first being sworn & interrogated by me, touching the matters of said petition referred by said order & from the testimony & proof in the cause __ to report that it is my opinion it will be to the advantage of the heirs in the petition mentioned to sell the land & negroes of the dec'd & therefore report accordingly.
Jesse DAVIS, Clk
Exparte, of the same, Be it remembered on this day this cause came on to be heard before the honorable M.A. MARTIN Judge & upon the petition and report of the clerk. Whereupon it is ordered adjudged & decreed by the court that the land in the petition mentioned be sold on a credit of twelve & eighteen months & a lien retained on the same til the purchase money be paid & it is also ordered by the court that the negroes in the petition mentioned be sold on a credit of 12 months the administration Mills TAYLOR & R.B. ROW of the said David TAYLOR dec'd are hereby appointed commissioners for the purpose of selling said land & negroes first giving 20 days notice in writing of time & place & report to the next term of this court.

June 1, 1844 Tuesday
pg 52)
Exparte - The petition of Elizabeth P. ZECH, Widow to Sell Land
Ordered by the Court that John E. GARNER be appointed guardian ad litem of Angelina ZECH minor heir at law of John ZECH, deceased.
Alezander BOYD & wife Elizabeth vs B.W. BRADLEY guardian - Petition to Divide Negroes & Money
In this case it is ordered by the Court that Peter WOODSON, Wm SHAW & Alexander LOWE be appointed Commissioners to divide the negroes & money belonging to the two children of Wm P.C.C. BRYAN, Elizabeth BOYD & Joseph BRYAN & report to the present term of this Court if practical, if not to the next term.
W.J. DOUGLASS Executor of Wm THOMAS dec'd vs Thomas J. WALTON - Motion & Order to Sell Land
This day John W. JUDKINS a Justice of the Peace for Robertson County returned into open Court the following proceedings, to wit, one day after date I promise to pay Wm P. THOMAS on his order ninety one dollars & 75/100 for value received. Witness my hand & seal this 14th August 1843. Thomas J. WALTON (seal)
Personally appeared before me John W. JUDKINS, Thomas J. WALTON & confessed judgement upon the within note for ninety five dollars & 87/100 and agrees that execution may issue forthwith, given under my hand & seal this 1st June 1844.
Execution issued 1st June 1844 J.W. JUDKINS, J.P. (seal)
State of Tennessee Robertson County - To any lawful officer of said county you are hereby commanded that of the goods, chattels, lands & tenements of Thomas J. WALTON, you cause to be made the sum of ninety five dollars & 87/100 to satisfy a judgement that W.J. DOUGLASS, Executor of Wm THOMAS dec'd recovered against him before me by confession this day & all legal costs of suit & such monies when collected pay over as the law directs, given under my hand & seal this 1st June 1844. J.W. JUDKINS, J.P. (seal)
No goods & chattels to be found in my County of Robertson, served upon the following tracts or lots of land of the defendants lying in Robertson County in District No. 11 adjoining the lands of CONRAD & JUDKINS, A. FISHER in the cross plains whereon the defendants office stands & said to contain 16 feet by 18 feet, also one other adjoining the lands of J.W. BRYAN & others on which a stable stands & said to contain 20 feet by 30 feet, and also the defendants interest in three other tracts lying in Robertson County & the two first now described in District No. 11, one tract adjoining the lands of CONRAD & JUDKINS, Elizabeth HENLEY's dower & others & said to contain one & a half acres, one other tract adjoining the land of M.T. WYDICK & others and said to contain three acres, also one other tract lying in Robertson County & District No. 1 & adjoining the land of Gideon PAYNE, John CHOWNING & others & said to contain twenty three acres, served upon as the property of the defendant this 1st June 1844. John PAYNE, Comm.
Which papers & proceedings returned into Court as aforesaid on motion. It is ordered by the Court that a __ expo. issue directing the Sheriff of Robertson to sell to the highest bidder for cash as the law directs the above described lands to satisfy the plaintiff's debt and costs and the costs of this motion.

June 6, 1844 Thursday
page 62)
E.P. ZECH Widow vs Angelina ZECH minor heir of John ZECH dec'd - Petition To Sell Land
Ordered by the Court that the matters and things in this petition be referred to the Clerk of this Court and that he take proof to ___ the advantage or disadvantage it would be to the Heirs at law of John ZECH dec'd that the said lands be sold, and that he report to this term of the Court.
In obedience to the above order to me directed, I have called before me David J. WALTON and James WOODARD Esq. who after being duly sworn depose and say that they are well acquainted with the land belonging to the estate of John ZECK dec'd & that they conceive it in a dilapidating state and will soon be of but little value, & have no hesitancy in saying it would be much to the advantage to the heirs of said dec'd that the lands in the petition mentioned be sold & we also believe it will be to their advantage that it be sold in a body including the Widow's dowery & from the proof before me, now report that it would be to the advantage of the said heirs of John ZECH dec'd that the lands in the petition mentioned be sold.
Jesse DAVIS, Clk
J & E MINTER vs Amza ETHERIDGE - Motion & Order to Sell Land
This day Warren L. PAYNE Esq. returned into open Court the purposes & proceedings in this cause to wit, State of Tennessee Robertson County
To the Sheriff of Robertson County or any Constable of said County, I command you to summon Amza ETHERIDGE to appear before me or some other Justice of the Peace for said County to answer the complaint of J & E MINTER in a plea of debt of twenty five dollars & interest due by note this 12th day of March 1844.
W.L. PAYNE, J.P.
Executed the 12th March 1844 & set for trial before Esq. PAYNE at his house 16th __. John PAYNE Case
On or before the 1st day of March 1844 I promise to pay J & E MINTER the sum of twenty five dollars for value received of them. Witness my hand & seal this 3rd day November 1844. Amza ETHERIDGE (his seal)
Judgement rendered against the defendant for twenty five dollars & cents with all legal costs of suit on which execution may issue this 16th day of March 1844. W.L. PAYNE J.P.
State of Tennessee Robertson County. To the Sheriff or any Constable of said County I command the sum of twenty five dollars & cents & costs to satisfy a judgement that J & E. MINTER obtained against him before me on the 16th day of March 1844 & when made pay over as required by law this 28th day of March 1844. W.L. PAYNE, J.P.
No goods & chattels to be found in any County of Robertson levied upon a tract of land of the defendants lying in Robertson County in District No. 1 adjoining the lands of Morris BYRUM & others & said to contain 70 acres this 18th day of April 1844. John PAYNE
Which papers and proceedings being returned unto Court as aforesaid on motion it is ordered by this Court that a ___ expo. issue directing the Sheriff of Robertson County to sell to the highest bidder for cash as the law directs the above described tract of land to satisfy the plaintiff debt and costs & the costs of this motion.
This day Wm POOL was sworn in open Court & sent to testify before the grand jury on a bill of judgement against Richard KNIGHT for an assault & battery, also Robert E. FELTS was also sworn in open Court to testify before the grand jury on a bill of judgement against Jo RAWLS for an assault & battery

June 7, 1844 Friday
pg 66)
Tabitha P. STRAIN vs Thomas J. WALTON - Motion
Ordered by the Court that the order of yesterday of this Court ruling the Sheriff to security for the costs of this prosecution, on motion of the defendants council is hereby set aside and for nothing held.
Mrs. Katherine HINKLE vs Willie TARLISS - ___
On motion of the defendants council it is ordered by the Court that the plaintiff give security for the costs of the prosecution of this suit on or before the calling thereof or the same will be dismissed.
E.P. ZECH, widow vs Angelina ZECH, minor - Be it remembered that this cause came out for final hearing before the Honorable Mortimer A. MARTIN Judge at Springfield presiding, upon the petition, defendants answer & clerk's report filed in this cause & the matters and things in this petition mentioned, being fully considered by the Court. It is by the Court ordered, adjudged & decreed that the land in the petition mentioned be sold by the clerk and master of this court upon a credit of 1 & 2 years, he taking from the purchased land with approved security for the purchase money & retaining a lien upon the land until paid for, and that the clerk first give twenty days notice of the time & place of said sale at four different places in the county of Robertson, one of which shall be at the courthouse door in the town of Springfield & one at some place in the Civil District whereon the land lies & that he report the manner in which he shall have done in this decree.
State of Tennessee vs Isham PARKER - Assault & Battery
This day came the Attorney General in behalf of the State and the defendant in proper person who being arraigned and charged pleads guilty in manner and form as charged in the bill of indictment. It is thereupon ordered by the Court that the defendant pay the State of Tennessee a fine of one dollar & be in custody of the Sheriff's ___ the said fine and costs be paid, secured or be legally discharged and thereupon came into open court Joseph RAWLS & Wm CHANDLER who acknowledged themselves security for the defendant for the above fine and costs. It is therefore considered by the court that the State of Tennessee recover of the plaintiff and his securities the aforesaid fine of one dollar together with the costs of this prosecution for which execution may issue.
State of Tennessee vs Mills TAYLOR & G.B. MASON - Assault & Battery
This day came the Attorney General in behalf of the State and says here in open Court that he will no furthur prosecute this suit against the defendants but enter a nolle prosequi as to them. It is therefore considered by the Court that the defendants go hence without delay and that the County of Robertson pay the costs of this prosecution according to law.
State of Tennessee vs G.B. MASON - Assault & Battery
This day came the Attorney General in behalf of the State and ___ in open Court says that he will no further prosecute this suit against the defendant but unless a nolle prosequi as to him. It is therefore considered by the Court that the defendant go hence without delay & that the County of Robertson pay as the law directs the costs in behalf of this prosecution expended.

June 8, 1844 Saturday
pg 73)
COOK & MOODY vs Washington LOWE - Case
This day came the parties by their attorney's and thereupon came a jury of good & lawful men, to wit, David BINKLEY, J.M. TOLLISON, J.J. POLK, Wm P. DORRIS, Isaac FARMER, J.W. HUNT, James M. GUNN, Wm H. HAGGARD, Jo E. McMANY, A.L. FORTUNE, Stephen PEPPER & Solomon COBB also being duly elected, tryed and sworn will and truely to try the issues joined in the case between the parties and a true verdict render according to evidence, do upon their oaths say that they find for the plaintiff and assess their damages to the sum of one hundred and forty seven dollars & 82/100. It is therefore considered by the Court that the plaintiff recover of the defendant the sum of one hundred & forty seven dollars & 87/100 the damages found by the jury aforesaid together with the costs in the behalf expended & that execution issue.
Joel MOORE Admr. vs Thomas J. WALTON, A.D. YOUNG & A.B. YOUNG - Debt
This day came the parties by their attorney's and thereupon the defendants withdraw their plea, by them unpleaded, and says here in open Court, that they cannot gainsay the plaintiff's cause of action nor but that they do owe the plaintiff the sum of five hundred & ten dollars the debt in the declaration mentioned and that he hath sustained damages to the sum of one hundred & eighty nine dollars & 34 cents, in all the sum of six hundred and ninety nine dollars and thirty four cents. It is therefore considered by the court that the plaintiff recover of the defendants the sum of six hundred & ninety nine dollars & 34/100 the debt and damages so admitted as aforesaid together with the costs in this behalf expended.
Ephraim ROBERTS vs Benjamin PORTER & A. McINTOSH - Debt
This day came the parties by their attorney's and thereupon came a jury of good and lawful men, to wit, David BINKLEY, J.M. TOLLISON, J.J. POLK, Wm P. DORRIS, Isaac FARMER, J.W. HUNT, Jas M. GUNN, Wm H. HAGGARD, Jo E. McMANY, A.L. FORTUNE, Stephen PEPPER & Solomon COBB who being duly elected, tryed and sworn will and truly to try the issue joined in this case between the parties do say that they find the defendants do owe the plaintiff the sum of two hundred & thirty eight dollars & 56/100 balance of debt & the further sum of eighty one dollars & 83/100 damages by way of interest thereon making the sum of three hundred & twenty dollars & 29/100. It is therefore considered by the court that the plaintiff recover of the defendants the sum of three hundred & twenty dollars & 39/100 the balance of debt & damges found by the jury aforesaid, together with the costs in this behalf expended and that execution issue.
Albert G. GREEN Assignee vs Jo C. BARBEE, G.B. BARBEE, Elizabeth H. BARBEE vs James ROBERTSON & Geo E. DRAUGHON - Debt
This day came the parties by their attorney's and thereupon the defendants withdraw their plea by them unpleaded and here in open court says that they cannot gainsay the plaintiff's cause of action nor but that they do owe the plaintiff the sum of one hundred and fifty dollars debt as in the declaration mentioned and that he hath sustained damages to the sum of thirty seven dollars & 12 1/2 for the ___ of the same, making all the sum of one hundred & eighty seven dollars & 12 1/2. It is therefore considered by the court that the plaintiff recover of the defendants the sum of one hundred and eighty seven dollars and 12 1/2 cents the debt and damages so admitted as aforesaid together with the costs in this behalf expended & that execution issue for the collection thereof.

Oct 11, 1844 Friday
page 109)
State of Tennessee vs John PEPPER - Forfeiture
Came this day the Attorney General in behalf of the State, and it appearing to the satisfaction of the Court that heretofore a subpoena had regularly issued and had been executed on the defendant to appear & certify in behalf of the State in the case of the State against M.W. DRAUGHON at the June term of the Circuit Court for Robertson County, and that the defendant was regularly called to appear and testify according to subpoena, failed so to do but made default. Whereupon judgement made was regularly entered up against him & scire facias ordered to issue & it further appearing to the Court that scire faccias had been regularly executed upon the defendant. It is therefore considered by the Court that the State of Tennessee recover of the defendant John PEPPER the sum of one hundred and twenty five dollars the penalty of the subpoena and the costs of this proceeding & that execution issue therefore.
John ZECH's Widow vs Angelina ZECH minor heir of John ZECH dec'd - Petition To Sell Land
Be it remembered that this cause came on for final hearing and was heard before the Honorable Ed DILLAHUNLY, Judge & at Springfield presiding upon the Clerk's report of the sale of the land in the petition mentioned and it appearing from said report that the Clerk had on the 2nd day of September 1844 at the Courthouse door in Springfield after giving 20 days notice sold the said tract of land which is bounded as follows to wit, beginning at two post oaks Jacob ZECH's Northwest corner, running West 70 poles to a hickory & red bud, thence South 160 poles to two post oaks, thence East 70 poles to a stake in ZECH's line, thence North 160 poles to the beginning containing 70 acres more or less lying in Robertson County on the waters of Red River and it further appearing that said land was sold at 1&2 years credit retaining a lien therein til paid fee & that Berry HUDDLESTON had become the purchaser at the sum of $120.12 1/2 and exceeded his notes at the above credit with Thomas R. MACHIOR security & that said report remains unexcepted to, it is therefore ordered adjudged & decreed by the Court that said report be and is in all things confirmed that the title to said land be divided out of the Widow & minor heir of said dec'd and ___ in the purchaser Berry HUDDLESTON & his heir forever & that the Clerk deliver over the notes taken for said land into the hands of David WALTON the administrator of said dec'd, first taking his bond with approved security for his faithful administration said assets & that the administrator pay the costs of the proceeding for which execution may issue.

Oct 8, 1845 Wednesday
page 160)
State of Tennessee vs Jeremiah FRANKLIN - Illegal Voting
This day came the Attorney General pro tem in behalf of the State and says here in open Court says he will no further prosecute this suit against the defendant but enter as nolle prosequi. It is therefore considered by the Court that the defendant go hence without delay & that the County of Robertson pray according to law the prosecution of this cause.
State of Tennessee vs J.A. PARKER - Recog.
This day came the Attorney General pro tem in behalf of the State and the defendant in proper person with Jo RAWLS his security, who acknowledged themselves jointly & severally bound & indebted to the State of Tennessee in the penal sum of two hundred & fifty dollars to be levied of their proper goods, chattels, lands & tenements to be ___ on condition that the defendant shall make his personal appearance before the Honorable Judge of our next Circuit Court to be held for the County of Robertson at the Courthouse in the town of Springfield on the first Wednesday after the first Monday in February next, then & there to answer the State of Tennessee on a bill of indictment against him for an assault & battery & not depart said Court without leave first had & obtained thereof.
John S. HARRIS et al vs J. SAUNDERS & A. HUDGINS - ___
Came the parties by their attorney's & thereupon it is ordered by the Court that the plaintiff's have leave to retake James M. BURTON & Jno. H. LOWE depostions & also leave to take John C. JOHNSON's all of the State of Georgia by giving defendants 30 days notice & Wm FELTS of Kentucky by giving 20 days notice of time & place.
This day Vincent WILLIAMS & James WOODARD was sworn in open Court and sent to testify before the grand jury on a bill of indictment against Ned & Peter (slaves) for murder.
This day the grand jurors returned into open Court in a body with a bill of indictment against Ned & Peter (slaves) for murder. Entered therein a true bill and signed Henry FREY foreman of the grand jury, which bill of indictment is in the words & figures following, to wit
Circuit Court October term 1845
State of Tennessee Robertson County
The grand jurors of the State of Tennessee being duly elected impanelled sworn and charged to inquire in and for the body of the County aforesaid, on their oaths present and say that Ned, late of the County aforesaid a slave & Peter late of the County aforesaid a slave, on the seventeenth day of August in the year of our Lord one thousand eight hundred & forty five with force and arms at the County aforesaid in and upon one David J. WALTON in the peace of the State then & there being, felonously, willfully & of their malice aforethought did make an assault and the said Ned a slave and the said Peter a slave, with certain axes of the value of two dollars, which they the said Ned and the said Peter, in both their hands, then and there had and held the said David J. WALTON in & upon the back part of his head, then and there felonously and willfully and of their malice aforethought did strike & thrust, giving to the said David J. WALTON, then and there with the axes aforesaid in and upon the back part of the head of the said David J. WALTON, on mortal wound of the breadth of three inches and of the depth of two inches
page 161) of which mortal wound the said David J. WALTON did then and there instantly die. And the grand jurors aforesaid on their oaths aforesaid do further present and say, that the said Ned a slave and the said Peter a slave, the said David J. WALTON in manner and form aforesaid, felonously and willfully and of their malice aforethought did kill and murder. And the grand jurors aforesaid on their oaths aforesaid, do further present and say that Ned a slave late of the County aforesaid and Peter a slave late of the County aforesaid on the seventeenth day of August in the year of our Lord one thousand eight hundred and forty five with force and arms at the County aforesaid, in and upon one David J. WALTON in the peace of the State then and there being, willfully deliberately and maliciously and ___, an assault did make and the said Ned a slave and the said Peter a slave, with certain axes of the value of two dollars in their hands, then and there held the said David J WALTON on the back part of his head, then and there willfully, deliberately and maliciously and ___ did strike, beat and thrust, giving to the said David J. WALTON then and there being, with their certain axes aforesaid in and upon the back part of the head, the said David J. WALTON, one mortal wound of the breadth of three inches and of the depth of two inches of which mortal wound the said David J. WALTON did then and there instantly die. And the grand jurors aforesaid upon their oaths aforesaid do further present and say that the said Ned a slave, and the said Peter a slave, the said David J. WALTON in manner and form aforesaid willfully, deliberately, maliciously and presented by & of their malice aforethought did kill & murder. And the grand jurors aforesaid on their oaths aforesaid do further present and say that Ned a slave, late of the County aforesaid on the seventeenth day of August in the year of our Lord one thousand eight hundred & forty five, in the County aforesaid, with force and arms, in and upon one David J. WALTON in the peace of the State, then & there being willfully, deliberately maliciously and premeditatedly, an assault did make, and the said Ned with a certain axe of the value of one dollar, in both his hands, then & there willfully, deliberately and maliciously and prededitatedly did strike thrust and that giving to the said David J. WALTON then & there being with the axe aforesaid in and upon the back part of the head of him the said David J. WALTON, one mortal wound of the breadth of three inches and of the depth of two inches, of which mortal wound the said David J. WALTON did then and there instantly die. And the grand jurors aforesaid on their oaths aforesaid do further present & say that the said Ned a slave, the said David J. WALTON in manner and form aforesaid, willfully, deliberately, maliciously and premeditatedly did kill and murder. And the grand jurors aforesaid, on their oaths aforesaid do further present and say that Peter a slave late of the County aforesaid, before the said felony and murder in manner and form aforesaid was committed, to wit, on the seventeenth day of August in the year of our Lord one thousand eight hundred and forty five, at the County aforesaid did felonously, willfully, deliberately maliciously and premeditatedly ___, move, procure said counsel, him and command the said Ned, the said felony and murder in manner and form aforesaid to do and commit, contrary to the statutes in such cases made and provided to ___ example of all others in like manner offending and against the peace and dignity of the State. And the grand jurors aforesaid on their oaths aforesaid, do further present and say that Ned a slave late of the County aforesaid on the seventeenth day of August in the year of our Lord one thousand eight hundred and forty five, in the County aforesaid with force and arms, ___ and upon one David J. WALTON in the peace of the State then and there being willfully
page 162) deliberately, maliciously and premeditatedly an assault did make and the said Ned with a certain axe of the value of one dollar in both his hands then & there held, the said David J. WALTON on the back part of the head of the said David J. WALTON then and there willfully deliberately, maliciously and premeditatedly did strike, beat & thrust, giving to the said David J. WALTON one mortal wound of the breadth of three inches and depth of two inches of which mortal wound, the said David J. WALTON did then and there instantly die. And the grand jurors aforesaid upon their oaths aforesaid, do further present & say, that Peter a slave late of the County aforesaid, in the County aforesaid on the day and year aforesaid, with force and arms in the County aforesaid, felonously, was present, aiding, abetting and assaulting, the said Ned the felony and murder aforesaid to do & commit. And so the jurors aforesaid upon their oaths aforesaid do say, that the said Ned & Peter, the said David J. WALTON in manner and form aforesaid felonously, willfully, deliberately, maliciously and premeditatedly did kill & murder, contrary to the form of the statutes in such cases made and provided and against the peace and dignity of the state. Alfred ROBB Solicitor General for the 7th Solicitorial District
On which bill of indictment the following endorsement appears to wit, State of Tennessee vs Ned & Peter - Murder
Vincent WILLIAMS prosecutor, witness Vincent WILLIAMS, James WOODARD, sworn in open Court & sent to testify before grand jury on this Bill of Indictment 17th October 1845.
Test, J. DAVIS Clerk, A true bill, Henry FREY foreman of the grand jury.
State of Tennessee vs Ned & Peter (Slaves) - Murder
This day came the Attorney General for him in behalf of the State and the defendants in proper person who being arraigned and charged upon the bill of judgement against them pleads not guilty in manner and form as charged therein and for their tryal puts himself upon the County and the Attorney General doth the like and thereupon came a jury of good & lawful men, to wit, John HARRIS, Stephen PEPPER, Geo W. BAIRD, Jo RAWLS, Jo REYNOLDS, John ___, James RAWLS, Wm ANDERSON, Cary A.P. FOSTER, Wm H. HAGGARD, James M. BENBOW, & Wm J. SARVIOR, being duly elected, tryed and sworn will and truly to try the issues of traverse ___ ___ and a true deliverance make according to evidence and their not remaining ___ ___
pg 163) of this day and the jury being ordered in charge of a sworn officer they were permitted to retire until tomorrow morning 8 o'clock-
This day J.M. JONES, Danl POWELL, Gilbert BATTS, Wm G. TUCKER, Miles KIRBY, D.D. HOLMAN, Alfred ANDERSON & Willis HODGES was sworn in open Court & sent to testify before the grand jury on a bill of indictment against Wm PRICE for petit larceny -
This day the grand jurors returned into open Court in a body with a bill of indictment against Wm PRICE for petit larceny endorsed therein a true bill and signed Henry FREY foreman of the grand jury which bill of indictment is in the words & figures following, to wit, State of Tennessee Robertson County Circuit Court October term 1845.
The grand jurors of the State of Tennessee being duly elected, impannelled, sworn & charged to inquire in and for the body of the County aforesaid on their oaths present & say that Wm PRICE late of the County aforesaid labourer on the fifteenth day of September in the year of our Lord one thousand eight hundred & forty five with force and arms at the county aforesaid, one bag of flour of the value of three dollars the proper goods & chattels of one Willis HODGES thence and there found, felonously did steal, take and carry away out of the possession of the said Willis HODGES contrary to the statute in such case made and provided to the __ example of all others in like cases offending and against the peace and dignity of the State. The grand jurors aforesaid upon their oaths aforesaid do further present and say that Wm PRICE late of the County aforesaid labourer on the fifteenth day of September in the year of our Lord one thousand eiight hundred and forty five, with force and arms at the County aforesaid one hundred pounds of flour of the value of three dollars, the property of one Willis HODGES then & there found, felonously did steal, take and carry away out of the possession of the said Wm HODGES, contrary to the statute in such cases made and provided to the __ example of all others in like cases offending and against the peace and dignity of the State.
Alfred ROBB Sol. Genl pro tem for the 7th Solicitorial District
On which bill of indictment the following endorsement appears, to wit, State vs Wm PRICE, larceny, Willis HODGES prosecutor, witnesses J.M. JONES, Danl POWELL, Gilbert BATTS, W.G. TUCKER, Miles KIRBY, D.D. HOLMAN, A. ANDERSON, Willis HODGES sworn to in open Court and sent to testify before the grand jury on the bill of indictment.
Test, J. DAVIS Clk. A true bill Henry FREY foreman of the grand jury Court then adjourned till tomorrow morning 8'o'clock. M.A. MARTIN

Oct 8, 1845 Wednesday
pg 164)
The Court doth order that the defendant pay the State of Tennessee a fine of two dollars & 80/100. Thereupon came Geo H. WHITEHEAD into open Court & acknowledged himself the defendant's security for the above fine & costs. It is thereupon considered by the Court that the State of Tennessee recover of the defendant & Geo H. GARDNER his security the above fine & costs together with the costs of this prosecution in this behalf expended & that execution issue.
State of Tennessee vs Michael RIDER - Two Cases Recognizance
This day came the Attorney General pro tem in behalf of the State and the defendant in proper person with Jas. EUBANK his security, who acknowleded themselves to be jointly & severally bound & indebted to the State of Tennessee in the sum of five hundred dollars to be levied of their proper goods & chattels, lands & tenements to be paid on condition that the defendant do make his personal appearance before the Hon. Judge of our next Circuit Court to be holden for the County of Robertson at the courthouse in the town of Springfield on the first Wednesday after the first Monday in February next then & there to answer the State of Tennessee on two bills of judgement against him for selling spirits to slaves and not depart said Court without leave first had & obtained thereof.
State of Tennessee vs Danl P. DAVIS - Unlawful Horse Racing
This day came the Attorney General pro tem in behalf of the State and the defendant in proper person who being arraigned & charged upon the Bill of Indictment against him upon his arraignment pleads guilty in manner and form as charged therein. It is therefore ordered by the Court that the defendant pay the State of Tennessee a fine of one dollar & thereupon came into open Court Hyram LACY and acknowledged himself the defendants security for the above fine & costs. It is therefore ordered by the Court that the State of Tennessee recover of the defendant and Hyram LACY his security the above fine of one dollar together with the costs in this behalf, expended & that execution may issue.
State of Tennessee vs Danl P. DAVIS - Recoginzance 2 cases
This day came the Attorney General pro tem in behalf of the State and the defendant in proper person with Hyram LACY his security who acknowledged them were bound & indebted to the State of Tennessee jointly & severally in the sum of five hundred dollars to be levied of their proper goods & chattels, lands & tenements, to be void on condition that the defendant shall, will and truly make his personal appearance before the Honorable Judge of our next Circuit Court to be holden for the County of Robertson at the courthouse in the town of Springfield on the first Wednesday after the first Monday in February next, then & there to answer the State of Tennessee on two bills of indictment against him for unlawful horse racing & not depart said Court without leave first had and obtained thereof.
Jas H. TERRELL vs W.W. INSCORE - Motion
This day came Richard O. MANTLE into open Court and acknowledges himself the plaintiff's security for the costs in the cause that may be adjudged against him by the Court if he should fail therein.

Feb 7, 1846
pg 201)
Exparte, Meredith WILLIAMS & Jeremiah STARK guardians
Be it remembered that on this day this cause came on to be heard and was heard before the Honorable M.A. MARTIN Judge & whereupon it appearing to the Court that ___ sold the land as directed in the decree heretofore made in this cause on the 12th day of March 1842 and that Britton B. STARK became the purchaser of said land which is bounded as follows, to wit, Beginning at a white oak running thence to the NW corner of the dower of Rebecca STARK, thence N 39 poles to a rock, thence W 12/poles to a black oak near a spring, thence N 20 poles to a stake in ROBERTSON's line, thence East with his line 40 poles to a rock his corner, thence N with his line ___ survey 54 poles to a hickory his corner, thence N 34 poles, East 36 poles to a white oak in the East bank of a branch, thence down the meanders of the same in all about 120 poles to a fallen down white oak and a white oak pointer Richard CLAYTON's corner, thence East with his line 44 poles to a red oak his corner, thence South 24 degrees East with T. EDWARDS line 132 poles to two post oaks at the mouth of a ___, thence South 24 degrees East to a stake in the field at a point so that a West course will run to the beginning, thence West to the beginning containing by survey 167 acres and that said STARK bid the sum of $531 it being best and highest bid and thereupon the said STARK gave his notes at 1 & 2 years in equal amounts with B.B. PORTER his security for the purchaser money. Whereupon it is ordered adjudged & decreed by the Court that the title to the above tract of land which is in the petition mentioned be divided out of the heirs of the said Ephraim STARK dec'd and vested in the said Britton B. STARK his heirs and assigns forever and that a copy of this decree be given for registration, and that the costs of this application be paid out of the funds in the hands of the respective guardians of said heirs in proportionable shares and that execution issue therefore.
Exparte, The Petition of David J. WALTON Heirs For Dower & Sale of Negroes
Be it remembered that on this day this cause came on to be heard and was heard before the Honorable M.A. MARTIN Judge & whereupon it is ordered and decreed by the Court that V. WILLIAMS the Admr. in the petition mentioned proceed to sell the Negroes in said petition mentioned on a credit of 9 months and that the Sheriff of Robertson County proceed to have the widow's dower assigned to her as the law directs and that a report in these proceedings be made to the next term of this Court all other things in the mean time be reserved.
State of Tennessee vs John McHENRY - Assault & Battery
This day came the Attorney General in behalf of the State and the defendant in proper person and thereupon was arraigned & charged upon the bill of indictment against, upon his arraignment pleads not guilty in manner and form as charged against him & for his tryal puts himself upon the County and the Attorney General doth the like and thereupon came a jury of good & lawfull men, to wit, Jacob COBB, Wm CROCKETT, Jno S. HARRIS, T.B. STARK, Mills TAYLOR, Walter D. CRUNK, W.L. PAYNE, E.B. ROSE, Stepehn PEPPER, Jas. C. HOLMAN, David ELLIOT & Cordy MASON, who being duly elected, tryed & sworn, will & truly to try the issues of traverse joined in this case and a true deliverance make according to evidence that they find the defendant not guilty in manner and form as charged in the bill of indictment against him. It is therefore considered by the Court that the defendant go hence without delay and that the prosecutor Bryson B. ROBERTS pay the costs in this prosecution for which an execution may issue.

June 3, 1846 Wednesday
pg 216)
Exparte, The petition of Vincent WILLIAMS Admr. of Alexander WALTON dec'd To Sell Negroes.
Be it remembered that on this day this cause came on to be heard & was heard before the Honorable M.A. MARTIN Judge & appearing to the satisfaction of the Court that the Negroes in the petition mentioned should be sold to pay debts. It is therefore ordered adjudged & decreed by the Court that Vincent WILLIAMS the Admr. proceed to sell the Negroes in the petition mentioned on a credit of 9 months & report to the next term of this Court and that W.W. PEPPER be allowed the sum of $10 for his services in this cause.
Exparte, The petition of the Heirs of David J. WALTON & Alexander WALTON To Sell Land.
Ordered by the Court that this petition, matters & things of ___ Clerk of this Court that he take proof as to the propriety of the sale of said land & report at this term of this Court. In conformity to the above order of reference, that from the proof before me I am of opinion that a sale of the lands in the petition mentioned would ___ be to the interest of the petition and therefore report accordingly June 3, 1846. And therefore be it remembered that on this day this cause came on to be heard and was heard before the Honorable M.A. MARTIN Judge and it being made satisfactory to the Court that a division of th real estate in the petition mentioned cannot nor could be made amongst the heirs thereof. Whereupon it is ordered, adjudged & decreed in the Court that the same of the said Alexander WALTON be surveyed before the same is sold & that the Clerk of this Court sell the said lands & ___ the survey of said lands of the said Alexander WALTON & that he report to the next term of this Court and that the costs of the proceedings be paid out of the proceeds of the sale of said property & that all other things in the mean time be reserved & further that W.W. PEPPER be allowed $15 for his services in this cause.

Oct 7, 1846 Wednesday
pg 254)
Exparte, The Petition of the Heirs of David J. WALTON To Sell Negroes & Lay Off a Dower.
Be it remembered that on this day this cause came on to be heard and was heard before the Honorable Judge & presiding and it appearing that the report of the Commissioner appointed to lay off the dower to the widow of the late David J. WALTON dec'd is unexcepted to in all things and that the report of the Court appointed to sell the Negroes in this petition mentioned ___ things unexcepted, To Wit,
pg 255) We having been summoned and duly sworn by the Sheriff of Robertson County to lay off an allotment to Mrs. Elizabeth WALTON her dower out of the real estate of her deceased husband David J. WALTON and being unconnected with any of the parties in interest either by affinity or consanguinly, have alloted her as follow, To Wit, Beginning at a small gum, Vincent WILLIAMS' corner, running West with his line 15 poles to three small post oaks in his line, thence North 134 poles to a stake in the plantation, thence a few degrees N of E on the East side of the plantation & continuing to the East boundary line of the lands of said dec'd thence with the Eastern, Southern & Western boundary the lands of said deceased, to the beginning containing 85 acres. We also assigned to her 15 acres of a tract in the ponds beginning at a post oak, the NE corner of a forty acre tract called the STARK tract running West 50 poles, South 50 poles, East 50 poles, North 50 poles to the beginning, all of which she is in possession of, given under our hands Mar 1846.
W. SOWS, P. HOLMAN, John J. POPE, M. FREEMAN, H. HART
Pursuant to an order of the Hon. Curcuit Court for Robertson County at its February term 1846, I proceeded on the 2nd day of March 1846 at the Courthouse door in Springfield, after giving the notice required by said order to sell to the highest bidder on a credit of nine months, the woman Mary & child Harriet & woman Fan, when Elizabeth WALTON became the purchaser of the woman Fan by bidding the sum of $515 she being the last and best bidder - & Henry HART purchased the woman Mary & child Harriet at the sum of $636 he being also the highest & last bidder for which I took their notes with good security at the above credit, all of which is most respectfully submitted this 6th March 1846. V. WILLIAMS, Admr.
It is therefore ordered, adjudged & decreed that said two reports be in all things confirmed & that the title to the Negroes be divided out ot the heirs of David J. WALTON dec'd and ___ in the __ purchases thereof, and that the title to the dower assigned to said Widow of said David J. WALTON dec'd be vested in her during her natural life and that the costs of laying off said dower be paid by the said Elizabeth WALTON & that the cost of the proceedings to sell said Negroes in the petition mentioned be paid out of the proceeds thereof & that executors issue therefore it is also ordered that V. WILLIAMS be allowed the sum of (a blank space) for selling said Negroes.
pg 256) Exparte, Vincent WILLIAMS Admr. of Alexander WALTON dec'd - Petition To Sell Negroes.
Be it remembered that on this day this cause came on to be heard and was heard before the Hon. M.A. MARTIN Judge & presiding & it appearing that the Negroes in the petition mentioned have been sold by the Administrator as directed by said decree by the report in the cause filed which report is in words & figures following To Wit
Pursuant to an order of the Hon. Circuit Court for Robertson County at its June term 1846 I proceeded on the 6th day of July 1846 at the Courthouse door in Springfield after giving the notice required by said order to sell to the highest bidder on a credit of nine months, the man Ben & woman Mered, when James MOORE became the purchaser of man Ben by bidding the sum of $626 he being the last and best bidder & Leonard DOZIER purchased the woman Mered at the sum of $117.60 he being also the last and highest bidder for which I took these notes with good security at the above credit, all of which is most respectfully submitted this 4th Sep 1846. Vincent WILLIAMS, Admr.
And which report being unexcepted to, is in all things ordered to be affirmed and that the title to the Negroes in the petition & report mentioned be divided out of the heirs of the said A. WALTON & in the respective purchasers thereof forever & that the costs of these proceedings be paid out of the funds in the hand of the Admr. & that execution issue.
Exparte, The petition of the heirs of D.J. WALTON - Heirs to Sell Land (A.WALTON land) Be it remembered that on this day this cause came on to be heard before the Hon. M.A. MARTIN Judge & presiding and it appearing from the report filed in this cause that the land in the petition mentioned has been sold as directed by the decree in this cause which report is in the words & figures following, To Wit, In pursuance of an order made at the June term 1846 of the honorable Circuit Court for Robertson County to me directed, I did on the first day of August last, proceed to sell at the Courthouse door in Springfield on a credit of 12 months retaining a lien on the premises til the purchase money be paid, the lands belong to the estate of Alexander WALTON dec'd which land I had surveyed as directed by said order and is bounded & butted as follows, To Wit, Beginning on a red oak, thence North 142 poles to a post oak, thence West 86 poles to a stake & pointers thence South 142 poles to a stake, thence East to the beginning containg 76 acres & 42 poles, also another tract beginning on Vincent WILLIAMS line thence with his line to the beginning containing 3 acres & 52 poles the said two tracts of land being exposed as aforesaid Ephraim FARTHING became the purchaser by bidding the sum of $240 for which he executed his note
pg 257) payable to myself as Clerk on the above terms with Enoch FARTHING & I.B. TAYLOR his securities which note is now in my possession subject to the order of the Hon. Court, respectfully submitted. Jesse DAVIS Clerk.
And which report being unexcepted to, is in all things affirmed by the Court. Whereupon it is ordered adjudged & decreed by the Court that the title to the land in the report & petition mentioned, be diverted out of the heirs of the said Alexander WALTON dec'd and vested in Ephraim FARTHING the purchaser thereof his heirs forever and that the costs of this proceeding be paid out of the funds in the hand of the Clk of this Court when collected & that a copy of this decree be given for registration.
Exparte, the Petition of David J. WALTON's Heirs to Sell Land.
Be it remembered that on this day this cause came on to be heard and was heard before the Honorable M.A. MARTIN Judge and it appearing that the land in the petition mentioned has been sold directed by the interlocking decree in the cause, all of which appears by reference to the report of the Clerk of this Court here filed in this cause which report is in the words & figures following To Wit, Pursuant to an order of the honorable Circuit Court of Robertson County at its June term 1846 to me directed, I proceeded on the first day of Aust 1846 to sell at the Courthouse door in Springfield on a credit of 12 months after giving the note required by said order, retaining a lien on said lands til paid for, one of the tracts of land in the petition mentioned bounded & butted as follows, To Wit, Beginning on a hickory, Cordy HOLLAND's NE corner, running East 18 3/4 poles to a sweet gum M. FREEMAN's NW corner, thence South 211 poles to a black gum in DRAUGHON's line, thence West 18 3/4 poles to a red oak, V. WILLIAMS SE corner, thence North to the beginning containing 24 acres & 116 poles when James WOODARD became the purchaser at the sum of one hundred and forty five dollars. I also at the same time & place and on the same terms, sold the other two tracts of land belonging to the estate of D.J. WALTON which are bound & butted as follows, To Wit, Beginning on a black jack, WOODARD's SE corner also the NE corner of V. WILLIAMS tract of land purchased of J. MANER running North 190 poles to a black jack & pointers on Henry HART's line, thence East with said HART's line 102 poles to a black jack & post oak pointers, thence East 100 poles a post oak HART's SE corner in Wilson A. WILLIS' boundary, thence South 70 poles to P. HOLMAN's line, thence West with said HOLMAN's line 30 poles to a persimmon, HOLMAN's NW corner thence South 70 poles to a stake and black gum pointers thence North 80 degrees West with the widow's dowery 87 1/2 poles to a stake in the field, the NW corner of said dowery, thence South 134 poles to a red oak & pointers thence West 74 poles to a stake in V. WILLIAMS filed, thence North 83 poles to a stake & pointers, thence West 19 poles to the beginning containing by ___228 acres, this is the tract where the deceased lived & died. The other tract, Beginning on the Widow WALTON's NW corner of her dowery in the timber known by the name of the STARK tract running West 106 poles to a stake & pointers thence South 31 poles to a red oak thence East 106 poles to a stake thence north with the Widow WALTON's West boundary 30 poles to the beginning, containing 23 acres & 136 poles which last named two tracts being exposed as aforesaid James WOODARD likewise became the purchaser - at the sum of twelve hundred dollars, out of which $15 was paid in cash as Allo PEPPER's fee leaving $1185 for which as well as for the first named tract, I took his note on the terms mentioned in the order with Leonard DOZIER his security which notes are made payable to myself as Clerk, are now in my possession & awaiting the further order of the Honorable Court, respectfully submitted. Jesse DAVIS Clerk.
Which report I being unexcepted to is in all things affirmed by the Court and the Court doth order, adjudge and decree, that the title to the land in the petition & report mentioned, be divided out of the heirs of David J. WALTON deceased and vested in James WOODARD the purchaser his heirs and assigns forever, a copy of his decree be given for registration and that the cost of this
pg 258) proceeding be paid out of the funds in the house of the Clerk when collected for the sale of the land.
Exparte, the petition of John CROCKET and S.J. CROCKET's heirs to Sell Land
Be it remembered that on this day this cause came on to be heard and was heard upon the proceedings heretofore had in the cause and the clerk report of the sale of the land in the petition mentioned which report is in the words & figures following, to wit,
Persuant to an ___ order of the honorable circuit court for Robertson County made at its February term 1846 and to me directed, I did on the 1st day of Aug. last, at the courthouse in Springfield after giving the notice required in said order, sell to the highest bidder on a credit of 1 and 2 years the land __ to John CROCKET & Samuel J. CROCKET's heirs, which land is bounded as follows, to wit, Beginning on a black oak corner of J. FREY's & Wm SEAL's, running thence West 166 poles to a white oak, thence North 20 poles to two hickories, thence West 90 poles to a poplar stump & white oak pointers, thence South 104 poles to a stake, thence East 216 poles to a stake Jackson IZORS corner, thence North 40 poles to a small sassafras, thence East 40 poles to a small sassafras, thence North 44 poles to the beginning containing 135 3/4 acres, when John CROCKET became the purchaser by bidding the sum of four hundred & eleven dollars & executed his notes in equal amounts with Wm CROCKET his security, retaining a lien, however on said land __ paid for, which notes are taken in my own name as clerk, now in my possession and subject to the further order of the court, respectfully submitted this __ day 1846. Jesse DAVIS, clk
And it appearing to the court that said report is unexcepted, whereupon the court doth order __ & decree that said report be in all things affirmed and that the title to said land mentioned in said report be diverted out of the heirs of Samuel J. CROCKET and vested in the ___ John CROCKET, his heirs and asigns forever, that the costs of the proceeding be paid out of the funds arising from said sales & that a copy of this decree be furnished for registration.

Feb 10, 1848 Thursday
pg 338)
Exparte, the heirs of David J. WALTON to Sell Negroes.
In this case it is ordered that Vincent WILLIAMS the Commissioner who sold the Negroes in the pleadings mentioned at the price of eleven hundred and fifty dollars be allowed commission thereon at the rate of the Clerk's commissioners for performing like services.
This day the grand jury returned into open Court with a bill of indictment against Berry HUDDLESTON for an assault & battery endorsed by their foreman Robert GREEN, a true bill.
Exparte, The heirs of David J. WALTON to Sell Land.
In this case it is ordered that the Clerk of the Court hand over the notes given for the purchase money of the land in the petition mentioned to the guardian of the minor heirs of D.J. WALTON upon said Guardians giving bond conditioned as other Guardian bonds in double the amount of the note so handed over.

Feb 10, 1848 Thursday
pg 344)
Exparte, Alexander WALTON Heirs To Sell Land.
In this cause it is ordered by the Court that the Clerk report to this Court who are entitled to the fund in his hand arising from the sale of the lands of said Alexander WALTON dec'd and in what proportion and then report as soon as possible.
Court adjourned till tomorrow morning 9 o'clock. M.A. MARTIN

Feb 11, 1848 Friday
pg 344)
Friday morning Feby 11th 1848
Court met this morning pursuant to admournment
Exparte, Mrs Nancy Q. BINKLEY et al - This cause came on again to be heart this 11th day of February 1848 before the Honorable Judge MARTIN upon the report of the clerk which is in the words and figures following, viz.
A report upon the proof of Henry FREY and John S. HUTCHINSON now on file, that it would be to the interest of the minor of Jacob BINKLEY dec'd to sell the tract of land mentioned - fixing the minimum price at six dollars per acre all of which is respectfully submitted Feb 10th 1848. Jesse DAVIS clk by E.M. REYNOLDS D Clerk
And it appearing to the satisfaction of the court that it would be to the interet of the minors to sell said land if six dollars per acres can be obtained therefore. It is therefore ordered adjudged and decreed that the clerk of the court proceed to sell said tract of land to the highest bidder at the courthouse in Springfield first giving twenty days public notice thereof on a credit of one, two, three & four years, with interest from date, requiring enough to be paid down for attorney's fee and court cost and that W. LOWE be allowed a fee of twenty five dollars out of the same as an attorney and that the clerk take bond & good security of the purchaser for the ballance of the purchase money retaining a lien on the land for the same and that he report to the next term of this court.

pg 350) State of Tennessee vs P.C. WILKERSON - Assault & Battery
This day came the Attorney General in behalf of the State and the defendant in proper person who being arraigned and charged upon his arraignment pleads not guilty in manner and form as charged against him and for his trial puts himself on the county and the Attorney General do the like, thereupon came a jury of good and lawful men, to wit, J.S. YATES, Jno. LIPSCOMB, Sterling VINSON, Jackson WARREN, John WILSON, Levi PITT, Henry R. FELTS, Thos. W. RUFFIN, Daniel HOLLAND, J.W. JUDKINS, W.H. WELCH, Stephen PEPPER who being duly elected, tried and sworn will and truly to try the issues joined in this case and a true deliverance make according to the evidence say that they find the defendant guilty in manner and form as charged against him in the bill of indictment. It is therefore considered by the Court that the defendant pay the State of Tennessee a fine of two dollars and fifty cents & be in the custody of the Sheriff till the same be paid, secured or otherwise legally discharged whereupon came E. BAGGETT, A. BALDWIN, Thos. SPROUSE, Wm P. SUMMERS, Wm. PHIPPS & Jno. TUCKER who acknowledged themselves to be the defendants securities for the fine & cost. It is therefore considered by the Court that the State if Tennessee recover of the said defendant & his securities, E. BAGGETT, A. BALDWIN, Thos. SPROUSE, Wm P. SUMMERS, Wm. PHIPPS & Jno. TUCKER the said fine & cost together with all costs in his behalf expended of or which an execution may issue.
John BELL and Jo STOVALL vs J.B. SMELSER
This cause is continued until the next term of this Court by consent of parties. It is ordered by the Court that J.B. BAGGETT be fined for ___ for contempt of court for which an execution may issue.
Exparte, Alexander WALTON Heirs
It is ordered by the Court that the Clerk of Court report the amount of the fund in his hands arising from the sale of the estate of Alexander WALTON dec'd also report who is entitled to said fund and in what proportion.
John BATTS __ Jo. STOVALL vs J.B. SMELSER - This cause is continued until the next term of this Court by consent of parties.
It is ordered by the Court that J.B. BAGGETT be fined __ dollars for contempt of Court for which an execution may issue.

June 17, 1848 Monday
pg 360)
Elizabeth WALTON vs David D. HOLMAN - Case.
It is ordered by the Court on affadavit of defendant that this cause be continued til next term and that the defendant pay the costs of this term for which an execution may issue.
W.B. NORFLEET vs A.S. NORFLEET - Debt
This day came the parties by their attorney's and the plaintiff in open Court says he will not further prosecute this suit but freely dismisses the same. It is therefore considerd by the Court that the plaintiff recover of the defendant the cost in this behalf expended for which an execution may issue.
Thomas ASRELL vs David DARDEN - Case
It is ordered by the Court on affidavit of defendant that this cause be continued till next term and that the defendant pay the cost of this term for which an execution may issue. It is further ordered by the Court that the defendant have leave to take the deposition of James WILSON of Simpson County KY giving plaintiff ten days notice.
Jos C. STARK vs Wm H. JOHNSON - Debt
This day came the parties by their attorney's and thereupon came a jury of good & lawful men, to wit, Wm T. CHOWNING, Abraham BALDWIN, Bayless RANDOLPH, John EDWARDS, Andrew ADKINS, Miles H. LEMASTER, Richard STONE, B.W. BRADLEY, E.G. HUGGIN, James LONG, Lemuel AYRES & James RAWLS who being duly elected, tried and sworn will and truly to try the issues joined in this case do upon their oaths say they find the issues in favor of the plaintiff and that the defendant does owe the plaintiff the sum of one hundred and seventy one dollars debt and interest. It is threfore considered by the Court that the plaintiff recover of the defendant the sum of one hundred and seventy one dollars debt and damages together with the cost in this behalf expended for which an execution may issue.
Wm CHANDLER vs R.H. MURPHEY - Traverse
It is ordered by the Court in affidavit of defendant that this cause be continued until next term of this Court and that the defendant pay the cost of this term for which an execution may issue.
D. DARDEN vs Wm BURCHETT - Attachment
Ordered by the Court that the proceeding ___ this cause be stayed six months.

Feb 13, 1849 Tuesday
pg 416)
Smith HEWLETT vs Daniel MULLOY - Libel
In this cause it is ordered by the court on affidavit of the defendant that the plaintiff give other and better security for or justify the present security on or before the calling of the cause or the same will stand dismissed.
Smith HEWLETT vs C.B. MOORE - Libel
In this cause it is ordered by the court on affidavit of the defendant that the plaintiff give other and better security for or justify the present security on or before the calling of this cause or the same will stand dissmissed.
Exparte - Walter JONES heirs to Divide Land & Sell Negroes
Be it remembered that this day this cause came on to be heard and was heard before the Hon. M.A. MARTIN Judge & upon the petition filed in this cause whereupon it was ordered by the Court that John Y. PERRY, Robert BARTLETT & Miles DRAUGHON Jr. be appointed commissioners to divide & value the land in the petition mentioned and report to next term of this Court. And it is further ordered that Isaac __ __ be appointed commissioners to sell the Negroes in the pleadings mentioned on a credit untill the 25 December 1847 taking bond with good security for the purchase money & also retain a lien thereon until __ for & report to the next term of this court, the commission is ordered to collect cash enough at the late pay __. And it is further ordered that the commissioners aforesaid to divide the land aforesaid take unto consideration the improvements made therein by the respective present occupied thereof said land to be divided between the five sons of said Walter JONES all other things being in the mean time reserved.
Elizabeth WALTON vs D.D. HOLMAN - Case.
This day came the parties by their attorneys and by consent of parties this cause is dismissed and the plaintiff assumes own cost of this term and the defendant assumes his portion of the cost of this term and all prior cost in this case. It is therefore considered by the Court that the defendant recover of the plaintiff her own cost of this term of the Court and further that the plaintiff recover of the defendant all previous cost in this cause and their own cost of this term for which let execution issue.
Wm CHANDLER vs R.H. MURPHY - This day came again the jury impannelled in this cause and there not being sufficient time for the termination then was ordered to disperse till tomorrow morning. Court then adjourned till 8 1/2 clock tomorrow morning. M.A. MARTIN

Feb 17, 1849 Saturday
pg 438)
J.B. ___ vs L.G. MASON - Appeal
This day came the plaintiff counsel and the defendant being solemnly called to come into court came not but made default. It is therefore considered by the Court that the plaintiff recover of the defendant the sum of nine dollars & 25 cents the amount of the debt in the pleadings mentioned together with the further sum of one dollar & 66 cts damages by way of interest therein it is therefore considered by the Court that the plaintiff recover of the defendant sum aforesaid together with the costs in this behalf expended for which let an execution issue.
Smith HUGHLETT vs ___ MALLORY - Libel
The defendant in this caus has leave to take the deposition of Nelson W. COOK by giving the Sheriff 5 days notice.
Smith HUGHLETT vs C.B. MOORE - Libel
The defendant has leave to take the deposition of Nelson W. COOK by giving the Sheriff 5 days notice.
Exparte, The Heirs of Alexander WALTON To Sell Land.
In this case it is ordered by the Court that the Clerk of this Court collect the purchase money for the land in the pleadings mentioned & pay the same over to the persons entitled thereto.
W.C. BOYD __ vs Edwin ___ & BOURNE - Appeal
It appearing to the Court that this cause improperly __ and that this Court has no jurisdiction. It is orderd that the same be ___ from the __ and that the applicant pay the cost of the appeal for which an execution may issue.

Feb 12, 1850 Tuesday
pg 559)
together with all cost in the cause for which an execution may issue.
Wm H. JOHNSON vs Jackson ZEN(?)
By consent of parties. It is ordered by the court that this cause stand continued with the next term of this court.
Jackson ZEN(?) vs Wm H. JOHNSON
By consent of parties. It is ordered by the court that this cause be continued till the next term of this court.
Theophilus & R.B. MORGAN heirs - Polition for sale & Exparte - This day this cause came on further to be heard on the suggestion of the clerk and because it does not satisfactorily appear from the face of the papers pleadings in the cause to whom and in what amounts the money ___ from the sales of the property of said estate now in the hands of the clerk ought to be paid. It is ordered by the court that the clerk take proof and report thereon to the present term of this court.
John BASFORD's heirs Exparte Sale of Land
This day this cause came on further to be heard on the suggestion of the clerk and because it does not satisfactorily appear from the face of the papers pleadings & in this cause to whom and in what proportions the fund ___ from the sale of the land ought to be paid. It is ordered by the court that the clerk of this court take proof and report to the next term of this court.
H.J. COUTS special commissioner vs W.L. NORFLEET, George ADAMS & Walter BOYD - Motion
This day came the plaintiff by attorney and moves the court for judgement against the defendants for the sum of five hundred and six dollars sixty six 2/3 cents. Whereupon it appearing to the satisfaction of the court that the defendants did on the 27th day of March 1849 executed their note for the sum aforesaid for the purchase of real estate sold under a decree of this court upon the petition of James NORFLEET's heirs and that sum with interest from the 27 March 1849 amounting in all to the sum of five hundred and thirty three dollars and twenty six cents and that the said amount is yet __ and unpaid. It is therefore ordered by the court that the plaintiff for the use of James NORFLEET's heirs recover of said defendants the said sum of five hundred and thirty three dollars and twenty six cents together with the cost of this motion for which let an execution issue.
pg 560) T.B. MATHEROS(?) plaintiff vs G. NICHOLSON - Appeal J.P.
This day came the plaintiff into open court and says he will no further prosecute this suit but freely dismisses the same and assumes the cost. It is therefore considered by the cout that the defendants go hence without delay & recover of the said T.B. MATHEROS(?) the cost in this behalf expended together with all other costs for which let an execution issue.
H.J. COUTS special commissioner for the use & benefit of Theophilus & R.B. MORGAN's heirs & representatives vs John McINTOSH, James A. HOUSE & David PORTER - Motion
This day came the plaintiff by attorney and moved the court for judgement against the defendants John McINTOSH, James A. HOUSE & David PORTER. And it appearing to the satisfaction of the court from the petition pleadings decrees and reports in the cause of Theophilus and R.B. MORGAN's heirs & representatives. Exparte petition to sell land and negroes for division that the clerk ___ of this court appointed special commissioner to sell the land & negroes in the petition mentioned, sold the same in pursuance of a decree of this court made in said cause & that John McINTOSH became the purchaser of negro woman Amy for the sum of one hundred and fifty five dollars and executed his note therefore with James A. HOUSE and Daniel PORTER as his securities payable to said plaintiff H.J. COUTS special commissioner which note was dated 26th Feby 1849 and due on or before the 25th day of December 1849. And it appearing to the cour that said note is due and still unpaid. It is therefore on motion considered by the court that the plaintiff H.J. COUTS special commissioner for the use and benefit of Theophilus & R.B. MORGAN's heirs & representitives recover fo the said John McINTOSH, James A. HOUSE & Daniel PORTER the said sum of one hundred and fifty five dollars the amount of said note and the further sum of one dollar & 22 cents ___ thereon is this date making in all $156.22 as also the costs of this motion & that execution issue.
Anderson McINTOSH this day sworn in open court to go before the grand jury and testify before them of and concerning gaming, fishing and selling liquor.
Henry J. COUTS special commissioner for the use and benefit of T. & R.B. MORGAN's heirs vs James M. PINSON & James T. WILLIAMS - Motion
This day came the plaintiff by attorney and moved the court for judgement against the defendants James M. PINSON and James T. WILLIAMS. And it appearing to the satisfaction of the court from the report of the commissioners in the cause of Theophilus MORGAN & R.B MORGAN's heirs petition to sell land and negroes & for division and it further appearing

Feb 16, 1850 Saturday
pg 590)
Mrs E.Z. RYAN Exparte for Dower - Decree
Be it remembered that this cause came on to be heard this 16th February 1850 before the Honorable Judge MARTIN on the petition of petitioner and answer of the co administrator and other heirs and it appearing to the satisfaction of the court that petitioner is the widow of N.H. RYAN dec'd who recently died intestate in Robertson County and that he died seized and possessed of the real estate in Robertson and Montgomery counties in the petition mentioned. It is therefore ordered adjudged and decreed by the court that a writ of dower issue to the Sheriff of Robertson County commanding him to summon five disinterested freeholders of the County unconnected with any of the parties in interest either by affinity or consanguinity among whom a competent surveyor if deemed advisable and necessary by a majority of the commissioners who shall proceed to assign to the petition by metes and bounds the one third amount in value of the whole of said real estate regarding the two tracts of land in Montgomery County and the house and lot in Clarksville as mentioned in the petition less in value by the amount in value of Mrs Sarah DUKES life estate therein and that they report to the next term of this Court.
Theophilus & R.B. MORGAN's heirs Exparte - Be it remembered that this cause came on further to be heard this 16th day of Febry 1850 before the Honorable Judge MARTIN on the report of the Clerk and Master and exhibits which report in the words and figures following.
To the Honorable Judge of the Circuit Court now in session at Springfield - Pursuant to an interlocutory order made by the honorable court at its present term requiring the clerk of this court to report ___ the separate amounts of the estate of Theophilus MORGAN dec'd and also of Real B. MORGAN dec'd now in the hands of the clerk of this court for distribution and also to whom and in what proportions the same should be paid. I report in the first place that the two estates have in some degree become amalgamated that Theophilus MORGAN by his last will and testament (a copy of which is herewith filed marked "A") bequeathed his land upon which he resided (about 275 acres) to his two sons R.B. MORGAN & Willis MORGAN with an equal distribution of all his other effects amongst all his children. By the will of R.B. MORGAN dec'd ( a copy of which is herewith filed marked "B") he bequeathed his share of the land before inherited from his father's estate, and also a tract of land of 25 acres besides to Miles MORGAN, Mary Ann MORGAN, Melissa MORGAN and Sarah MORGAN in equal portions and further adds "I bequeath to my three youngest sisters Mary Ann, Melissa and Sarah all the perishable property
pg 591) that my father bequeathed to me in his last will and testament ___ a considerable difficulty has arisen in my mind as to the meaning and extent of the words "perishable property". Does it include Negroes or not? In making out this report I have not considered them perishable and if wrong in the promises, this the following report is to that extent wrong also. I further report that in the sale of the property of said estate by my predecessor find that he sold the 25 acre tract belonging originally to R.B. MORGAN in the 275 acre tract described and bequeathed in the will of the father instead of separately and as the best means of separating the two funds which on ___ by different wills to different persons. I have taken depositions of Charles HOWARD, N.J. WILLIAMS & David BINKLEY living in the vicinity of said lands and who being well acquainted with the value thereof do assess the said 25 acres tract belonging to the estate of R.B. MORGAN dec'd to be worth the sum of one hundred and twenty five dollars whether taken in connection with the original tract of the hundred and seventy five acres belonging to the estate of Theophilus MORGAN dec'd or separately and which sum I have deducted from the aggregate sales of land at appropriately belonging to the state of R.B. MORGAN dec'd. This leads one to the following conclusions, first that R.B. MORGAN took and immediate vested interest under the will of his father Theophilus MORGAN both of his real and personal estate and secondly if correct in my understandng of the word "perishable property" that R.B. MORGAN dec'd intestate so far as he had any interest in the Negroes of Theophilus MORGAN dec'd estate leaving his interest in the Negroes of Theophilus MORGAN estate to be distributed among all his brothers and sisters equally in the same manner as they would take under the father. I here state also that it appears that Willis MORGAN one of the ___ of Theophilus MORGAN dec'd and brother of R.B. MORGAN dec'd died intestate and without issue and some short time before his brother R.B. MORGAN. But as his death has not been noticed by any of the parties and as all would take alike whether under him or either of the others I have paid no attention to what might properly be called his estate. Then in summing up I find the estate of Theophilus MORGAN dec'd to consist of the following items.
Amt of sales of land deducting as aforesaid $125
placed under head of R.B. MORGAN's estate $737.50
Sale of Negroes deducting 1/7 for R.B. MORGAN's interest $1661.15
Sales of perishable property deducting one seventh R.B. MORGAN's interest $115.72
Making the aggregate sum of $2514.37
The above sum I find is to be divided equally between six heirs, viz., Thomas CRABTREE and wife, Mary Ann, W.J. PROCTOR & wife, Melissa, Sarah MORGAN, John L. YATES in right of James ___ and wife, Ritter and Anthony FISHER in right of two of the heirs, viz. Miles
pg 592) MORGAN and John H. REED and wife Nancy, the said YATES & FISHER exhibiting their conveyances therefore marked "C" "D" and "E" which and herewith filed thus W.J. PROCTOR and wife take one sixth of said fund, Thomas CRABTREE and wife one sixth, Sarah MORGAN one sixth, John L. YATES one sixth and Anthony FISHER two sixths or one third. I next find the estate of Real B. MORGAN dec'd to consist of the following items, viz.
Half amount of sales of land bequeathed by his father $702.50
Sale of the 25 acre tract of land (value as per proof) $125.00
His share of perishable property of his father's estate 1/7 $19.28
His share of proceeds for sale of negro one seventh $276.85
Making an aggregate sum of $1123.63
This I find is to be directed as follows, viz., the proceeds of land $827.50 equally between four heirs, that is, Thomas CRABTREE & wife, W.J. PROCTOR and wife, Sarah MORGAN and Anthony FISHER in ___ of Miles MORGAN he the said FISHER producing his conveyance for the share of said Miles MORGAN which is before referred to thus Thomas CRABTREE and wife one fourth, W.J. PROCTOR and wife one fourth, Sarah MORGAN one fourth, Anthony FISHER one fourth. I paid the perishable property amounting to $19.28 should be divided in three equal parts as follows, viz., between Thomas CRABTREE and wife, W.J. PROCTOR and wife and Sarah MORGAN. Thus one third to Thomas CRABTREE and wife, one third to W.J. PROCTOR and wife and one third to Sarah MORGAN. And I further find that the amount of sale of negroes to which R.B. MORGAN was entitled under his father's estate to be the sum of $276.85 should be divided as though he died intestate among six heirs as follows, viz., Thomas CRABTREE and wife, W.J. PROCTOR and wife, Sarah MORGAN, James ___ & wife and to Anthony FISHER in right of two of the heirs, to wit, Miles MORGAN and John H. REED and wife, thus to Thomas CRABTREE and wife one sixth, to W.J. PROCTOR and wife one sixth, to Sarah MORGAN one sixth, to James __ and wife and sixth to Anthony FISHER two sixths or one third. I also find that there is a ballance of a bill of cost together with the necessary cost or expense of the proceeding first to be deducted from the aforesaid fund. I would suggest to the honorable court that the whole expense heretofore __ on said estate amounting to one hundred and two dollars and seventy cents has been raised exclusively from the sale of the personal estate and submit if in the opinion of the court the lands should not have been ___ proportionally in order to be on the interest of all alike all of which is most respectfully submitted in the honorable court. E.W. REYNOLDS, Clk
which report having been on file more than three days and
pg 593) unaccepted to, is in all things confirmed with the exceptions following that is to say in as much as the court is not advised as to the correctness of that part of the report in relation to R.B. MORGAN's estate which does not read Negroes as "perishable property" the court doth think proper to hold that part of said report up for consideration and advisement until the next term of this court and therefore directs that that portion of the fund be not distributed by the clerk until further ordered and directed, as to the ballance of the fund, the court doth order and direct that the clerk pay it out in the manner and proportions and to the person's in said report designated, first deducting for his services, for collecting and disbursing two and one half ___ thereof with the other and further ___ that he apportion the whole cost and expenses of the proceedings in the promises so as to impose an equal ___ on each estate and upon the realty as well as the personality in proportion to their respective sums.
State of Tennessee vs John McGUIN - This day came the Attorney General in behalf of the State and here in open court says he will no further prosecute this suit but enter a nolle prosequi. It is therefore considered by the court that the defendant go hence without delay and that the county of Robertson pay as the law directs the costs of this prosecution and that the same be certified to the county court.
Melissa GEORGE Exparte for Dower - Be it remembered that this day this cause came on to be heard before the Honorable M.A. MARTIN Judge & upon the petition for dower and answer to the same by the administrator of Jesse GEORGE dec'd and guardian ad litem for the infant heirs of said deceased and the matters and things in said petition being understood by the court it is ordered adjudged and decreed by the court that a unit of dower issue directing the Sheriff to summon a jury of five including the county surveyor to run out lay off and alot, decide her dower out of the lands of her deceased husband's lands according to quatity and value mentioned in the petition and report the same to the next term of this court. It is ordered by the court that a copy of this decree and the title papers to said lands be furnished the commissioners.

Notes:
1. Ad Litem - For the lawsuit or action.
2. Attachment - Seizing of money or property prior to getting a judgement.
3. Interlocutory Order - Not final or definitive.
4. Scire Facias - A judicial writ founded upon some matter of record and requiring the party proceeded against to show cause why the record should not be enforced, annulled or vacated.
5. Nolle Prosequi - A formal entry upon the record, by the plaintiff in a civil suit, or more commonly, by which he declares that he "will no further prosecute" the case, either as to some of the defendants, or altogether.