Sumner County Clerk Minutes
February Term, 1866

Transcribed from TSL&A Microfilm Roll  #51
Sumner County Clerk Minutes, Vol:  Jan 1853 - Apr 1866

Transcribed by Jan J. Barnes
©2002

Page 588

Saturday Morning February 3rd 1866
Court met according to adjournment.
Present S. Heermans Judge

Mary McFadden, a colored girl aged twelve years was this day apprenticed to R. J. Rigsby, who entered into bond with Thomas Asum as security, in the penalty of Five hundred & fifty dollars, conditioned according to law.

R. J. Walker by her next friend and father James E. Walker, Taylor Norris and Temple O. Harris Exparte.
Be it remembered that the above cause coming on for hearing at the present term of the Court was heard before his Honor, S. Heermans Judge etc on this the 3rd day of February 1866 upon the petition of the parties.  And it appearing to the satisfaction of the Court that the petitioners are the owners as tenants in common of a tract of land in Sumner County Civil District No. 6 known formerly as the Dower of Mrs. (blank) Norris, containing about forty acres and as such tenants they are entitled to partition and division thereof.  It is therefore ordered by the Court that said land be divided amongst the Petitioners according to their respective rights.  Horace F. Anderson, Robert B. Douglass and John F. Cage are appointed Commissioners to make said division, who, if necessary, may employ the Services of a surveyor at the cost of the parties they will make their report to the next or some subsequent term of the Court.

The Clerk this day presented to the Court a settlement made with James R. Dorris as Guardian of Eli Glover, a minor, which is received by the Court and ordered to be recorded.

The Clerk this day presented to the Court a settlement made with J. J. Turner a guardian of William H. Henley, a minor, which received by the Court and ordered to be recorded.

There being no further Business before the present court adjourned until Court in course.
S. Heermans Judge

Page 589

State of Tennessee
Sumner County Court, February Term 1866
The Worshipful County Court of Sumner County met according to adjournment at the Court House in the town of Gallatin on the first Monday in February, 1866 it being the 5th day of said month, present the Honorable S. Heermans, Judge

Patsy H. Griffin et als vs. Felix Z. & F. M. Griffin
In this cause it appearing to the satisfaction of the Court that the defendants are minors and have no regular guardian and that process has been regularly served on them, it is therefore ordered and decreed by the Court that James W. Blackmore be appointed guardian ad litem for the said minor, who will answer the said petition.
Patsy H. Griffin et als vs. Felix Z. & F. M. Griffin
This cause came on for hearing upon the Petition and Answer to the same, when it appeared to the Court that the Complainants Patsy H. Griffin, is the widow of John Griffin decd. and that as such she is entitled to dower in the real estate of her late husband it is therefore ordered and decreed by the Court that Miles Hassel, Isaac W. Harris, Timothy Walton, R. M. Hobdy and the County Surveyor be appointed Commissioners to lay off dower to said widow - the County Surveyor and any two of said Commissioners may act.
The cause coming on for further hearing and it not appearing to the Court whether a sale of the lands is necessary or whether a division of them cannot be made it is ordered by the Court that the Clerk will take proof and report the amount of the land, the numbers of heirs and whether it is to the interest of the heirs to divide said land or whether a sale is necessary.  He will report, if practicable, to this term.  He will report the value of said land.

A. B. C. Dickerson vs. B. B. Dickerson
In this cause it appearing to the Court that the defendant is a person of unsound mind and that the interests, of his regular guardian might conflict with his ward, and that process has been served upon him, it is therefore ordered and decreed by the Court that James W. Blackmore be appointed guardian ad litem for said defendant who will answer said bill.

Page 590

A. B. C. Dickerson vs. B. B. Dickerson
This cause came on for hearing upon the Petition and Answer of the guardian ad litem and it not appearing to the Court whether the land in controversy should be sold or divided, it is ordered and decreed by the Court that the Clerk will take proof and report whether the land can be divided between the parties without injury to them and whether a sale would be to the manifest interest of the parties.  He will report the amount of the land the number of heirs and the value of the same.

Ordered by the Court that B. F. Jameson be appointed Administrator of all and Singular the rights and credits, goods and chattels of the estate of James B. Jameson deceased.  Thereupon the said B. F. Jameson and his securities W. H. Hall and (left blank) appeared in open Court and entered into and acknowledged their bond to the State of Tennessee in the penalty of Three Thousand dollars conditioned according to the law and said B. F. Jameson was duly qualified.

Ordered by the court that A. B. C. Dickerson be appointed administrator of all and singular the goods and chattels, rights and credits of the estate of Nancy Dickerson deceased.  Thereupon the said A. B. C. Dickerson appeared in open Court with Wm. T. Barr and T. M. P. Hall his securities and entered into and acknowledged his bond to the State of Tennessee in the penalty of Thirty five Hundred dollars, conditioned according to law, and was duly qualified.

Ordered by the Court that J. B. Hobdy be appointed administrator of all and singular the goods and chattels, rights and credits of the estate of Eli S. Perdue deceased; and thereupon the said J. B. Hobdy appeared in Open Court with George Chitwoood and Giles R. Perdue his securities and entered into and acknowledged their bond to the State of Tennessee in the penalty of Six Thousand five hundred dollars, conditioned according to law and said J. B. Hobdy was duly qualified.  Said J. B. Hobdy was appointed Admr. in place of B. P. Dye resigned.

Page 591

Ordered by the Court that E. M. Brooks be appointed administrator of all and singular the goods and chattels rights and credits of the estate of Rebecca Robertson deceased and thereupon the said E. M. Brooks and his securities John B. Robertson and W. W. Brizendine appeared in Open Court and entered into and acknowledged their bond to the State of Tennessee in the penalty of Five Hundred dollars conditioned according to law, and said E. M. Brooks was duly qualified.

Ordered by the Court that William M. Stone be appointed administrator of all and singular the goods and chattels rights and credits of the estate of John W. Higgason deceased; and thereupon the said William M. Stone and his securities John Baulch and William Baulch appeared in open Court and entered into and acknowledged their bond to the State of Tennessee in the penalty of One Thousand dollars, conditioned according to law and said W. M. Stone was duly qualified.

Ordered by the Court that Aaron Carr be appointed administrator of all and singular the goods and chattels, rights and credits of the estate of G. L. Denning deceased, and thereupon the said Aaron Carr and his securities A. B. Denning and Jackson Bradley appeared in Open Court and entered into and acknowledged their bond to the State of Tennessee in the penalty of Seven Hundred dollars, conditioned according to law, and said A. Carr was duly qualified.

Ordered by the Court that W. G. Pond be appointed administrator the will annexed of all and singular the goods and chattels, rights and credits of the estate of Richard Martin deceased the Executor, M. Hodges having resigned - and thereupon the said W. G. Pond and his securities Lewis L. Martin and Stanton Cantrell appeared in Open Court and entered into and acknowledged their bond to the State of Tennessee in the penalty of Thirty two Hundred dollars, conditioned according; to law, and said W. G. Pond was duly qualified.

Ordered by the Court that J. C. Hamilton be appointed administrator of all and singular the goods and chattels rights and credits of the estate of William J. Cocke dec'd and thereupon the said J. C. Hamilton and his securities J. W. Haynes and John L. Hamilton appeared in Open

Page 592

Court and entered into and acknowledged their bond to the State of Tennessee in the penalty of One Thousand dollars conditioned according to law, and said J. C. Hamilton was duly qualified.

Ordered by the Court that R. A. Wright be appointed Guardian of Mary Catharine, Emily Jane and Samuel B. Wright minors; Thereupon the said R. A. Wright and his securities G. V. Wright and J. J. Hibbett appeared in Open Court and entered into and acknowledged their bond to the State of Tennessee in the penalty of Twenty Five hundred dollars, conditioned according to law.

An Inventory & Account of Sale of the personal property of John Denkins dec'd was this day presented to the Court by J B. Hobdy admr. received by the Court and ordered to be recorded.

An Inventory & Account of Sale of the personal property of John Hobdy dec'd was this day presented to the Court by the Administrator J. B. Hobdy, received by the Court and ordered to be recorded.

An Inventory & Account of Sale of the personal property of Joseph Chipman deceased was this day presented to the Court by the Executor R. B. Durham, received by the Court and ordered to be recorded.

An Inventory of the Personal Property of J. M. Swaney deceased was this day presented to the Court by J. W. Haynes administrator, received by the Court and ordered to be recorded.

An Inventory and Account of Sale of the personal property of L. W. West deceased, was this day presented to the Court by A. J. West admr., received by the Court and ordered to be recorded.

The Clerk this day presented to the Court a settlement made with E. H. C. Sarver as guardian of Ann E. Hobdy, which are received by the Court and ordered to be recorded.

M. Hodges this day appeared in Open Court and resigned the executorship of the estates of Richard Martin dec'd.,

Page 593

James Rippy deceased and William Grainger deceased, all of which are accepted by the Court, and ordered to be entered on the minutes.

There being no further business before the Court, Court adjourned until Tuesday morning, February 6th 1866.
S. Heermans Judge

Tuesday morning, February 6th 1866
Court met according to adjournment
Present S. Heermans Judge

It appearing to the Court that C. N. Blackmore did, on the 3rd day of March 1859, make and execute a deed of Trust in which deed W. H. Blackmore was appointed trustee and said trust deed conveying certain real and personal property for the benefit of certain creditors therein named and it further appearing to the Court that W. H. Blackmore, the trustee named in said deed, has removed from the County of Sumner and has failed or refused to execute said deed.  It is therefore, on the application of J. B. Hobdy the Admr. of Eli Perdue, one of the beneficiaries of said deed, ordered by the Court that Geo. W. Allen be appointed Trustee in the room and Stead of the W. H. Blackmore with all the powers and duties conferred by said deed.  And thereupon the said Geo. W. Allen appeared in Court and accepted the execution of said deed and entered into bond and took the oath as forescribed by law.

Zuritha Key vs. Mary E. West et als
Upon the application of the parties in interest, and the proof adduced to the Court, the order heretofore pronounced in the cause, ordering the Sale of the land mentioned in the pleadings, is revived and the minimum price placed upon the land reduced to Seven dollars & fifty cents per acre.  The Clerk is therefore ordered to make Sale of this land; in doing which he will be governed by the direction contained in the decree of the 10th of November 1860, in every respect except as varied by this decretal order.  He will report to the next or some subsequent term of the Court.

The Clerk this day presented to the Court a settlement made with Adeline T. Odom as guardian of James Odom (dec'd) which is received by the Court and

Page 594

ordered to be recorded.

Ordered by the Court that John S. Baber be appointed administrator of all and singular the goods and chattels, rights and credits of the estate of James Odom deceased; and thereupon said John S. Baber and Leonidas Baker his security appeared in Open Court and entered into and acknowledged their bond to the State of Tennessee in the penalty of Five Thousand six hundred dollars, conditioned according to law and said John S. Baber was duly qualified.

There being no further business before the Court, Court adjourned until Wednesday February 7th 1866.
S. Heermans   Judge

Wednesday February 7th 1866

Court met according to adjournment
Present S. Heermans Judge

H. J. Locket Adm. of A. Corem dec'd vs. Adeline Corem and others

In this cause it appearing to the Court that all the defendants have been regularly Served with process and are now formally before the Court. It further appears that the defendants Joseph Corem and Thomas Corem are minors and without regular guardian.  It is therefore ordered by the Court that James R. Young be appointed guardian ad litem for said minors, he having appeared in Open Court and accepted the same.  He will file his answer for said minors and make proper defense for them to the bill of Petitioner.

Ordered by the Court that J. P.
The last will and testament of Mrs. Sarah M. Carr dec'd was produced in Open Court for probate and was duly proven by the oaths of J. A. Bowman and (left blank) subscribing witnesses thereto and ordered to be recorded.  It was thereupon ordered by the Court that J. B. Parsons be appointed administrator with the will annexed, of Sarah M. Carr dec'd and thereupon said J. B. Parsons appeared in Open Court with John O. Higgason and H. M. Bullock his securities and entered into and acknowledged his bond to the State of Tennessee in the penalty of Two Thousand Dollars conditioned according to law and said J. B. Par-

Page 597 - printed number (595 written on the page)

sons was duly qualified.

W. H. Draper this day tendered to the Court his proof in nation as Justice of the Peace of Dist. No. 8, to take effect the 2nd of April 1866, which is accepted by the Court ordered to be spread upon the minutes of this Court.

A paper writing purporting to be the last will and testament of J. W. Bullock, with his signed thereto, was produced in Open Court, and James W. Bullock, Milton Poston and Houston M. Bullock appeared in Open Court and after being sworn depose and say that they are well acquainted with the handwriting of the said J. W. Bullock and that said paper writing and every part thereof is in the genuine handwriting of said Bullock and that his handwriting is generally known in his neighborhood and that the same was found among his valuable papers after his death.  It is therefore considered by the Court that said paper writing is properly proven and therefore to be recorded.

Sina, a minor negro girl, aged nine years, upon recommendation of T. C. Trimble Agent Freedmens Bureau, was this day apprenticed to Geo. A. Weaver, who appeared in Open Court with J. S. Bonham his security and entered into bond to the State of Tennessee in the penalty of Two hundred & fifty dollars, conditioned according to law.

There being no further business before the Court, Court adjourned until Saturday morning Feb. 10th 1866.
S. Heermans Judge

Saturday February 19th 1866
Court met according to adjournment
Present S. Heermans Judge

Ordered by the Court that Leroy B. Smart be appointed Administrator of all and singular the goods and chattels, rights and credits of the estate of John N. Smart deceased.  And thereupon said L. B. Smart and his securities, R. L. Garrett and H. C. Wims appeared in Open Court and entered into and acknowledged their bond to the State of Tennessee in the penalty of One Thousand dollars and conditioned according to law and said L. B. Smart was duly qualified.

Ordered by the Court that P. S. Harris be appointed

Page 594 - printed number  (596 hand written on page)

an overseer on the road from Harris' Branch to the Macon County line and that he have for hands to work it the hands residing upon the lands bordering on said road.

The Clerk this day presented to the Court a settlement made with F. E. P. Shannon, guardian of W. W. Hutchison, a lunatic, which is received by the Court and ordered to be recorded.

There being no further business before the Court, Court adjourned until Monday morning Feby 12th 1866.
J. Heermans Judge

Monday morning February 12th 1866
Court met according to adjournment
Present S. Heermans Judge

The Clerk this day presented to the Court a settlement made with J. B. Kizer and A. Hogan administrators of John Kizer dec'd, which is received by the Court and ordered to be recorded.

A writing purporting to be the last will and testament of Robert Boyd, deceased, in which William Boyd is named as Executor, was admitted to probate in the County Court of Sumner County, at the Sept. Term, 1865, and the parties having been duly notified that application would be made to the County Court at the Feby Term, 1866, to have the cause certified, by W. N. Turner and J. E. Turner, heirs at law of the said Robert Boyd.  And the petitioners having entered into bond, as required by law; and William Boyd, a legatee, having also entered into bond as required by law, it is ordered, that the proceedings in this Court, be certified & together with the original will be sent up to the Circuit Court that an issue may be had thereon to try the validity of said will.

There being no further business before the Court, Court adjourned until Tuesday morning February 13th 1866.
S. Heermans  Judge

Tuesday morning February 13th 1866
Court met according to adjournment
Present S. Heermans Judge

Page 597

Patsy H. Griffin et als vs. Felix Z. Griffin et als
This cause came on to be heard this day upon the pleadings, the proof in the cause and the report of the Clerk which is as follows, viz;
Patsy H. Griffin et als vs. Felix Z. Griffin et als
In pursuance of the Interlocutory Decree in this cause, I have taken the depositions of George Zaricor and E. M. Hall and from their proof I beg leave to report, That John Griffin dec'd died seized and possessed of nearly five hundred acres of land - the widow is entitled to dower out of the same - and there are eight heirs to said estate.  I beg leave to report that said land cannot be divided without manifest injury to the parties and that a sale is necessary for partition.  The land should be sold in some two or three tracts and the hill land is worth some two dollars & a half per acre, and the bottom lands are worth some eight dollars per acre on a credit of one and two years.  All of which is respectfully submitted this 9th day of Feby 1866.
John L. Bugg Clerk
by J. A. Trousdale D. C.
which being seen and understood by the Court & being unexcepted to is in all things confirmed.  The Court is pleased to order, adjudge and decree that the Clerk will proceed to advertise the land mentioned in the pleadings and sell the same upon the premises.  The Clerk will sell the said lands in two or three tracts as it may appear best to the interest of the parties.  The minimum on the ridge land is fixed at $2.50 per acre and the bottom land at $8.00 per acre.  The land will be sold on a credit of one and two years, with cash sufficient to pay costs and attorneys fees.

A. B. C. Dickerson et als vs. B. B. Dickerson
This cause was this day heard before Judge Heermans upon the pleadings, the proof in the cause and the report of the Clerk which is as follows viz;
A. B. C. Dickerson et als vs. B. B. Dickerson
In pursuance of the Interlocutory Order in this case, I have taken the depositions of W. H. Hall and David Chenault Jr., and from their evidence I beg leave to report That there are some sixty eight acres of land and four heirs and that the same can not be divided without manifest injury to the parties and that sale of the same is necessary for partition.  The land is worth forty dollars per acre on a credit of one and two years.

Page 598

All of which is respectfully submitted.  This 9th Feby 1866.
John L. Bugg Clerk
by J. A. Trousdale D.C.
which is by the Court in all things confirmed.  The Court is pleased to order adjudge and decree that the land mentioned in the pleadings be advertised and sold by the Clerk on the premises.  The Clerk will not sell the same for less than forty dollars per acre and upon a credit of one and two years.  He will require cash sufficient to pay expenses.

Hogan & Kizer Administrators of John Kizer dec'd vs. Leander Kizer et als
This cause was this day heard upon the report of the Clerk in the cause which is as follows viz;
Hogan & Kizer Admrs. of Jno. Kizer dec'd vs Leander Kizer et als
In pursuance of the Interlocutory Order in this case, I have proceeded to give the parties notice that I would proceed to take and state an account of the advancements made to the heirs of John Kizer dec'd, Feb 12th 1866 which notice has been served upon the parties and their attorneys.  The parties have appeared before me and agreed upon the following advancements that were made by John Kizer to his children in his lifetime viz;
Advanced to Amanda    $ 212.00
Advanced to Leander       139.00
Advanced to Marcus          85.00
Advanced to W. B.           187.00
Advanced to Sarah A.      152.00
Advanced to John B.          78.00
Advanced to Mary J.       122.00
Advanced to Emily           177.00
Advanced to Thomas       165.00
Advanced to Cordelia        20.00
Advanced to Harriett       154.00
                                       $1491.00
I find that the Administrators are chargeable with
(due 1st Jany. 1862)                                        $3160.01
The widow is entitled to 1/12 of 3160.01 =         263.33
Which deducted from 3160.01 leaves             $2896.68
To this add amnt. of advancements                  1491.00
Divide this amnt by 11 no. of distributors      $4387.68
Amnt of each distribution share Jan 1 1862   $ 398.88

Page 599

This report does not embrace the proceeds of the Sale of the negroes by order of this Court and the widow and heirs will each be entitled to one twelfth of the proceeds of said sale when collected.  All of which is respectfully submitted this 12th Feby 1866.
John L. Bugg Clerk
by J A. Trousdale D. C.
which being seen and understood by the Court and being unexcepted to is in all things confirmed.  The Administrators and the Clerk will be guided by said report in the payment of the proceeds of the Slaves and the settlement of the Administrators.
There being no further business before the Court, Court adjourned until Wednesday Feby 14th 1866.
S. Heermans Judge.

Wednesday 14th Feb '66 Court met Present S. Heermans judge

E. M. Hall, Administrator, presented to the Count an Inventory & Account of Sale of the Personal property of John L. Griffin dec'd which is received by the Court and ordered to be recorded.

Ordered by the Court that J. W. Haynes, H. J. Lockett and E. N. Mitchiner be appointed Commissioners to set apart one year's support for Sarah Cocke, widow of Wm J. Cocke, dec'd.

Ordered by the Court that W. G. Pond, John Roney and B. Denning be appointed Commissioners to set apart one years support for Mary Clendening, widow of W. T. Clendening, dec'd.

The Clerk this day presented to the Court a settlement made with N. B. Hamilton as guardian of Mary M., John W. and Wm. A. Hamilton, minors, which is received by the Court and ordered to be recorded.

The Clerk this day presented to the Court a settlement made with D. P. Byrn as Admr. of Robert & Martha Kilpatrick, which is received by the Court & ordered to be recorded.

There being no further business before the Court, Court adjourned until Saturday morning Feb. 17th 1866.
S. Heermans Judge

Saturday Feby 17th 1866
Court met according to adjournment.
Prest. S. Heermans Judge

Page 600

ordered by the Court that the following named men be appointed Judges of the March election, 1866;
Dist. No. 1     R. C. Dalton, H. M. Neeley and James Felson
Dist. No. 2     S. Hale, E. Payne, and James Rankin
Dist. No. 3    W. Hall, Hugh Wyllie and Bailus House
Dist. No. 4    J. O. Higgason, J. Patterson and J. M. Robb
Dist. No. 5    T. R. Eubanks, T. C. Trimble, Jas. Alexander
Dist. No. 6    Wm Cantrell, J. F. Cage, J. N. Guthrie
Dist. No. 7    J. P. Taylor, T. S. Watson, & Wm. Winham
Dist. No. 8    D. H. Cantrell, D. T. Hatch, Wm Joyner
Dist. No. 9    Jack Taylor, J. D. Hutchison, D. R. Marshall
Dist. No. 10  M. J. Hassell, R. Hobdy & J. W. Harris
Dist. No. 11  W. Brazzle, Leonidas Baker, & Robert Donnell
Dist. No. 12  John Carter, Wm McMurry & G. V. Wright
Dist. No. 13  Jo. Carter, Norrel Malone, & N. B. Turner
Dist. No. 14  Saml Rickman, B. S. Harper Geo T. Brown
Dist. No. 15  George Troutt, Jas. Escue, S. J. Edmonds
Dist. No. 16  Jerry Sarver, Henry House W. D. Hobdy
Dist. No. 17  M. Hodges, John Roney & O. P. Butler
Dist. No. 18  Robert Pitt, E. M. Hall & Benjamin Roney
Dist. No. 19  Jas. McGlothlin Sr, D. Bradley, & J. B. Hobdy

Ordered by the Court that Jonathan Brown be appointed overseer on the Lafayette Road beginning at Meadors Tanyard and working to J. F. Lamberts shop with the following list of hands, viz:  all hands that reside on the lands of J. L. Brown, Redson Perdue, Enoch Cummings, J. H. Milliken, Pernelia Meador, Lee Perdue, J. L. Martin, Elizabeth Hobdy, Giles Perdue, John Hill, H. House, George Chitwood & J. G. Meador.

There being no further business before the Court, Court adjourned until Monday Feb 19th 1866.
S. Heermans Judge

Monday Feb 19th 1866
Court met according to adjournment.
Present S. Heermans Judge

Elizabeth B. Roney et als vs. Isaac M. Short Exctr of Samuel Austin dec'd
Be it remembered that the above cause came on for hearing at the present term of the Court and was heard before his Honor S. Heermans,

Page 601

Judge etc. on this 19th day of Feb. 1866, upon the Petition exhibits and the answer of the defendant and it appearing to the satisfaction of the Court that Samuel Austin dec'd departed this life in the year 186 (last number left off) after having made and published his last will and testament leaving the Petitioners and the said Mary A. Austin his widow his sole legatees:  the the defendant qualified as his Executor and that the said Mary A. Austin dissented from his will, took dower and her rights under the Statutes of distribution her dower having been already assigned.  That the testator left the lands mentioned in the pleadings, consisting of two tracts: one the home tract containing about two hundred and twenty acres, after taking off the widow's dower; the other being a portion of the Staton? tract, containing about forty acres and that the personal assets in the hands of the defendant are sufficient to pay off all the debts of the Testator and that there is no necessity of resorting to the same by the defendants and that the complainants as tenants in common are entitled to the lands under the will of the testator and as such are entitled to partition thereof.  It is therefore ordered adjudged and decreed by the Court that said lands be equally divided between the Petitioners share and share alike in quantity and value.  In doing which the commissioners will set apart to the Petitioner Elizabeth B. and her husband Jno. H. Roney their share in one body if possible and that falling to the minors in one body so that for the present they may hold the same in common they are empowered to charge cash upon any party in order to equalize the division, if they should find such arrangement necessary in making said division so as to promote the interest and do justice to all the parties.  Joseph McGlothlin, Abram Bradley and Andrew McGlothlin are appointed Commissioners to make said division, who are authorized to employ the services of any competent Surveyor to assist them in making the division in conformity with this decree, who will receive for his Services the usual fees of the County Surveyor.  They will make their report to the next or some subsequent term of the Court.

There being no further business before the Court, Court adjourned until Tuesday morning February 20th 1866.
S. Heermans Judge

Page 602

Tuesday morning February 20th 1866
Court met according to adjournment
Present S. Heermans Judge
John L. Bugg Clerk

I beg leave to report that a mistake of three hundred & seventy six  57/100 dollars occurred in my settlement as guardian of James Odom and that that amount should be added to the assets in my hands with interest from May 1, 1865.
Leonidas Baker

Ordered by the Court that J. B. Hobdy be appointed administrator of all and singular the rights and credits goods and chattels of the estate of Peter Sang deceased.  And thereupon said Jo. B. Hobdy and his securities L. B. Smart and R. L. Garrett appeared in Open Court and entered into and acknowledged their bond to the State of Tennessee in the penalty of Four Thousand dollars, conditioned as the law directs and said Hobdy was duly qualified.

Upon information of R. G. Gillespie, Sol. Love and others that a guardian be appointed for Martha and Green Barnes persons of idiotic or unsound minds residing in Sumner County, it is ordered by the Court that the Sheriff summon a Jury of twelve freeholders of said county to ascertain if said Martha and Green Barnes, or either of them, are idiots or of unsound minds and to what extent.  Said Jury will report to the next term of this Court.

There being no further Business before the Court, Court adjourned until Saturday morning Feby 24, 1866.

Saturday Feb 24th 1866
Court met according to adjournment.
Present S. Heermans Judge

Ordered by the Court that W. S. Mays, D. G. Perdue and Thomas Perdue be appointed Commissioners to set apart t Mrs. Amine Sang one years support out of the effects of her deceased husband Peter Sang.  They will report under oath to this or some subsequent term of this Court.

Page 603

There being no further business before the Court, Court adjourned until Monday morning Feb 26th 1866.
S. Heermans Judge

Monday morning Feb 26th 1866
Court met according to adjournment.
Present S. Heermans Judge

The Clerk this day presented to the Court a settlement made with F. E. P. Shannon as guardian of W. W. Hutchison a lunatic which is received by the Curt and ordered to be recorded.

John L. Bugg Clk & Comr. vs. Jno. K. Taylor & Jas. K. Taylor
Be it remembered that in this cause Jno. L. Bugg Clerk & Commissioner appeared in Open Court and moved the Court for judgments against John K. Taylor and James K. Taylor when it appeared to the Court that under a sale of Slaves by order of the Court in the case of John K. Taylor and James K. Taylor Extrs. etc vs. F. A. Taylor et als., that John L. Bugg Clerk and Commissioner sold the slaves and that the defendants were the purchasers of several of them and that on the 30th day of July, 1859 John K. Taylor executed his note to said Bugg for the use of & for the sum of $2005.00 due in twelve months from date and James K. Taylor went on the same as security and on said 30th of July 1859 James K. Taylor executed his note to John L. Bugg Clerk for use of & for the sum of $1100.00 due in twelve months from date and with John K. Taylor as security and it appearing that neither one of said notes have been paid and that the same are due, it is therefore considered by the Court and so ordered and decreed that John L. Bugg Clerk for the use of Robert Taylor's heirs recover of John K. Taylor principal and James K. Taylor security the sum of Twenty six hundred & Seventy five dollars debt and interest to this time and the costs of this motion.
And it is further ordered and decreed by the Court that John L. Bugg Clerk & Commissioner for the use of Robert Taylor's heirs, recover of James K. Taylor and John K. Taylor security the sum of fourteen hundred and sixty eight dollars principal and interest to this time and the costs of this motion.
Upon both of which judgments (blank space), clerk will issue fi fas to the Sheriff.

Page 604

Ordered by the Court that Benjamin Roney, G. W. Gilbert, William Wilkerson and Special Surveyor Washington Warren be appointed Commissioners to set apart dower to Mrs. Eliza Kelly out of the real estate of her husband Samuel Kelly deceased.  They will report under oath to the next or some subsequent Term of this Court.

It appearing to the Court by proof that Milton S. Elkin is a man of good moral character and has attained the age of twenty one years, it is ordered that the same be entered of record and duly certified to preparatory to his attaining license to practice law.

The Clerk this day presented to the Court a settlement made with J. T. Burton as guardian of William and Daniel Vaughan, which is received by the Court and ordered to be recorded.

Ordered by the Court that the following named minor negro children viz; Andrew, aged eleven years and Allen aged nine years, be apprenticed to Benjamin Roney, T. C. Trimble Agent Freedmens Bureau recommending the same; and thereupon said Benjamin Roney and his security R. L. Bumpas appeared in Open Court & entered into and acknowledged their bond to the State of Tennessee in the penalty of Five Hundred dollars, conditioned according to law.

Upon recommendation of T. C. Trimble Agent of the Freedmen's Bureau, it is ordered by the Court that Cyrus Stalker an orphan negro boy, aged seven years, be apprenticed to L. W. Lawrence until he becomes twenty one years of age.  And thereupon said L. W. Lawrence and J. F. Joyner his security appeared in Open Court and entered into and acknowledged their bond to the State of Tennessee in the penalty of two hundred & fifty dollars conditioned according to law.

Upon recommendation of T. C. Trimble, Agt. Freedmens Bureau, it is ordered by the Court that Margaret aged ten years, Ben aged eight & one half years, George aged six years, Violet aged four years and Jane aged three years be apprenticed to John Patterson until the girls become eighteen years old and the boys twenty one.  And thereupon said John Patterson appeared in Open Court with J. L. Bugg

Page 605

his security and entered into and acknowledged his bond to the State of Tennessee in the penalty of Twelve hundred and fifty dollars conditioned according to law.

An Inventory and Account of Sale of the personal property of Mrs. Sarah M. Carr dec'd was this day presented to the Court by J. B. Parsons Executor, received by the Court and ordered to be recorded.

Fountain Head Tenn. Feb 19th 1866
Hon. S. Heermans,
Judge Sumner County Court
Dear Sir:  We the undersigned appointed by your Honor to lay off to Mrs. Mary Clendening one years support, as follows:
1200 lbs Bacon @ .07                         $ 84.00
100 lbs Sugar @ .07                                 7.00
85 lbs Coffee @ .15                                12.75
6 Bush. Salt @ .60                                    3.60
500 lbs Flour @ 3.00                               15.00
10 Gals Molasses @ .30                          3.00
2 lbs Pepper @ .20                                     .40
2 lbs. Spice @ .30                                       .60
4 lbs Soda @ .15                                         .60 
                                                             $126.95
Furnished by D. G. Perdue the Admr. in
1860  To cash paid for Pork               $  52.05
To Cash paid to Widow                          20.00
To Cash paid to Widow                          10.00
To Cash paid to Widow                            5.00
From R. E. Childs                                     8.25                       95.30
Due the widow Thirty one 65/100 dollars                            $31.65
The supply of Corn was furnished by giving
all that grown on the place.
Respectfully submitted
W. G. Pond         }
A. B. Denning     }   Commissioners
John Roney         }

The Hon'l County Court of Sumner County adjourned until tomorrow morning 9 Oclock Feby the 27th 1866.
S. Heermans Judge

Tuesday morning Feby 27th 1866 Curt met accord to adjournment Present S. Heermans Judge.

Ordered by the Court that Hyram Hall be appointed Overseer on the road commencing at the Mills Mill & Harris' Branch road commencing at the turn pike road near said mill to the Smith County line with the list of hands on the following lands, (viz) Robt. Purseley, Wm Leath, Wm Watson, Sam'l Harris, Nancy Hall, T. P. Harris, Jo. Vance, Rich'd Hall, & Tandy Irwin to work said road.

Page 606

Ordered by the Court that James Darnell be appointed overseer on the Cairo Road commencing at Cairo to the forks of the road at Mrs. Yourie's with the following list of hands, viz:  all the hands on the following lands to wit:  Patrick Yourie, B. B. Bruce, Widow Fry, Joel Daughtry estate, Charles Carpenter, William Clark, Samuel Barnes, Calvin Moseley, Richard Allen Estate, George Johnson, Mrs. L. Ayres, Jack Newton, James Hamilton, J. O. Higgason, Mrs. S. Carr, Lawson Patterson, P. Averitt, James Darnell, Stephen Stone's home place.

There being no further business before the Court Court adjourned until Wednesday morning Feb 28 1866.
S. Heermans Judge

Ordered by the Court that Martha Williams be appointed administratrix of all and singular the goods, chattels, rights and credits of the estate of G. M. Williams dec'd.  And thereupon the said Martha Williams and her securities W. P. Williams and J. S. Gourley appeared in Open Court and entered into and acknowledged their bond to the State of Tennessee in the penalty of Five hundred dollars, conditioned according to law and said Martha Williams was duly qualified.

The last will and testament of John Parker dec'd was this day produced in Open Court for probate and was duly proved by the oaths of John A. Vaughan and J. G. Ray, subscribing witnesses thereto, and ordered to be recorded.  Polly Parker, sole Executrix named in said will, having renounced the execution of the same, it is ordered by the Court that Richard C. Parker be appointed administrator with the will annexed of John Parker dec'd.  Thereupon the said Rich'd C. Parker and his securities W. F. Holden and R. T. Crenshaw appeared in Open Court and entered into and acknowledged their bond to the State of Tennessee in the penalty of Eight Thousand dollars, conditioned according to law, and said Richard C. Parker was duly qualified.
There being no further business before the Court, Court adjourned until Court in course.
S. Heermans Judge.

Sumner County, Tennessee Selected Court Records Index

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