Transcribed by Jan Johnson Barnes
©2000
TSL&A Microfilm #50
Sumner County Clerk Minutes
February 1843-June 1846
Page 70
October Term
1843
State of Tennessee
Sumner County
Be it remembered that on the third Monday in October it being the Sixteenth
day of the month aforesaid in the year of our Lord one thousand eight hundred
and forty three the day appointed by the act of Assembly for holding the
circuit court for the county of Sumner within the sixth judicial circuit
in said state The Honorable Thomas Maney one of the circuit Judges for the
state aforesaid duly commissioned and assigned to hold the circuit court
for said county To appear at the courthouse in the Town of Gallatin before
four o'clock on the day aforesaid. I George F. Crocket Clerk of the circuit
court for said county proclaimed the court opened according to adjournment
in compliance with the act of assembly in such case made and provided one?.
Adjourned the court until tomorrow morning nine o'clock.
G.F. Crocket Clerk of the Circuit Court for Sumner County
This day came agane the parties by attornies and also a jury of good and
lawful men to wit James P. Taylor, James Butler, James L. Shaw, Woodford
Bandy, Meridith Lambert, Walter Dickinson, John Payne, Thomas W. McCurtry,
William Parker, Robert Bell, Joseph Kirkpatrick, Thomas Darnell who being
elected tried and sworn the truth to speak upon the issue found between the
parties aforesaid are with the permission of the court and the consent of
the parties respited from rendering their verdict herein until
tomorrow.
October Term
1843
State of Tennessee
Sumner County
Be it remembered that on the third Monday in October it being the Sixteenth
day of the month aforesaid in the year of our Lord one thousand eight hundred
and forty three the day appointed by the act of Assembly for holding the
circuit court for the county of Sumner within the sixth judicial circuit
in said state The Honorable Thomas Maney one of the circuit Judges for the
state aforesaid duly commissioned and assigned to hold the circuit court
for said county To appear at the courthouse in the Town of Gallatin before
four o'clock on the day aforesaid. I George F. Crocket Clerk of the circuit
court for said county proclaimed the court opened according to adjournment
in compliance with the act of assembly in such case made and provided one?.
Adjourned the court until tomorrow morning nine o'clock.
G.F. Crocket Clerk of the Circuit Court for Sumner County
This day came agane the parties by attornies and also a jury of good and
lawful men to wit James P. Taylor, James Butler, James L. Shaw, Woodford
Bandy, Meridith Lambert, Walter Dickinson, John Payne, Thomas W. McCurtry,
William Parker, Robert Bell, Joseph Kirkpatrick, Thomas Darnell who being
elected tried and sworn the truth to speak upon the issue found between the
parties aforesaid are with the permission of the court and the consent of
the parties respited from rendering their verdict herein until
tomorrow.
Page 71
Frances D. Merideth & Wife Vs. John Pearson, James Statton, Elisha Kirby
and James B. Thornhill Ejectment
It appearing to the court that the death of Seaton H. Turner had been suggested
at the last term of the court and the court being satisfied of the truth
of said suggestion whereupon by the consent of the parties it is agreed that
the suit be reserved on the names of Albert G. Douglass and wife Dorothy
Douglass and Eliza Turner heirs of the said Seaton H. Turner Dec'd And it
appearing to the satisfaction of the court that Eliza Turner is a minor under
the age of twenty one years without a guardian it is ordered by the court
that Albert G. Douglass be appointed Guardian Add Litem to ? the interest
of said minor.
William C. Hall
Executor of the last will and testament of Jesse Haynie Dec'd and Caroline
H. Hall his wife and Harriett C. Haynie by her next ____ William C. Hall
and Frances Haynie Vs. Elijah Hayney, George Haynie, Joseph White and Elizabeth
his wife and Samuel Dennis and his wife Mary Contested will
This day came the parties by attornies and also a jury of good and lawful
men to wit (jurors named above) who being elected tried and sworn the truth
to speak upon the issue joined between the parties aforesaid upon their oath
do say that the paper writing exhibited in the court signed and sealed by
Jesse Haynie and attested by Thomas M. Patterson and Woodson Winn bearing
___ state the third day of March 1842 purporting to be the last will and
testament of the said Jesse Haynie is the last will and testament of the
aforesaid Jesse Haynie deceased whereupon it is considered by the court that
the same be admitted to record as the last will and testament of Jesse Haynie
Deceased according to the finding of the Jury aforesaid and that the finding
of the jury and judgment herein be certified to the county court with the
will aforesaid to be there recorded.
Page 78
And the Grand Jury returned into open court and presented the following indictments to wit:
One against Licurgus Stewart & W. L. Sharp for
an affray
One against Nathaniel B. Harrison for an assault & battery
One against Beverly Miller for assualt & battery
One against Caleb Willis & Luvica? Preston Lewdness
all endorsed by John Wallace foreman of the grand jury a true bill and returned
to consider of further presentments
Court adjourned until tomorrow morning past 8
o'clock
Thos Maney
October 18 &
19th 1843
Page 80
Thomas J. Hale Vs. William Rice Trover
This day came again the parties by their attornies and also the jury impannelled
in this cause on yesterday who by the permission of the court and the consent
of the parties are further expelled from rendering their verdict herein until
tomorrow.
Francis Merideth & wife Frances & Birgle? Merideth & wife Jane Vs. John Pearson, James Statton, Elisha Kirby, James B. Thornhill & Albert G. Douglass and wife Dorot. & Eliz Turner who defends by her Guardian Albert G. Douglass
Ejectment
This day came the parties by their attornies and also a jury of good and
lawful men to wit Edward L. Payne Fountain L. McDaniel, James Love, William
Blankenship, Richard D. Hobdy, Asa Hassell, Benjamin Edwards, William Solomon,
Alexander Williams, Lettle Berry Edwards, James B. Elizer and John B. Pittman
who being elected tried and sworn the truth to speak upon the issue joined
between the parties aforesaid are by the permission of the court and the
consent of the parties respited from rendering their verdict herein until
tomorrow.
Lettle B. Edwards
Vs. Thomas H. Bell and Securities Motion
In this case it appearing to the court that the notice executed on the defendant
Thos H. Bell was returnable to this day of this term of the court. It is
ordered by the court that said motion be continued from day to day until
further ordered by the court.
Court Adjourned until tomorrow morning 8 o'clock.
Tho. Maney
Thursday morning October 19th 1843 court met according to adjournment present the honorable Thomas Maney.
Thos. J. Hale
Vs. William Rice Trover
This day came again the parties by attornies and also the jury impannelled
in this cause on a previous day of this term who upon their oath do say that
the defendant is guilty of the trover and conversion in the declaration mentioned
as the plaintiff is declaring against him hath alledged and they do assess
the plaintiffs damages by reason thereof to one hundred and thirty eight
dollars and seventy five cents besides his costs. It is therefore considered
by the court that plaintiff recover of said defendant said sum of $138.75
that damage so by the jury in form aforesaid assessed and his cost in this
behalf expended and that fe fa issue.
Page 81
Francis D. Merideth & wife Frances, Benjamine C. Merideth & wife Jane Vs. John Pearson, James Statton, Elisha Kirby, James B. Thornhill & Albert G. Douglass and wife Dorothy & Eliz Turner who defends by her Guardian Add Litem
Albert G. Douglass Ejectment
This day came agane the parties by their attornies and also the jury impannelled
in this case on yesterday who upon their oath do say that the defendants
are gilty of the trespass and ejectment in the declaration mentioned as the
plaintiff in declaring against him hath alledged and they do assess the
plaintiffs damage by reason thereof to one cent. It is therefore considered
by the court that the plaintiff recover against the defendants his term yet
to come of and in the missuage and Lands with the appurtenances in the
declaration mentioned together with this damage aforesaid in manner aforesaid
assessed and their cost in this behalf expended and that execution issue.
And on motion of the plaintiff by their attorney a writ of possession is
awarded them returnable here at the next term of the court.
Page 81
State VS William
Wyatt - Arson
This day came George W Allen attorney general for the state and with leave
of the court enters in Nole proseque in this case. It is thereon ordered
by the court that the state of Tennessee pay the states costs.
State of Tennessee
Vs. Lewis Pollard Indictment for Tipling Six cases
This day came as well George W. Allen attorney general as the said defendant
who pleads guilty to the charge and submits to the judgment of the court.
Whereupon it is ordered by the court that said defendant make his fine by
the payment of Five dollars in each case and that he stand committed until
the fine & costs be paid or secured.
State of Tennessee
Vs. Alfred H. McDaniel - Assault & Battery
This day came as well the attorney general as the said defendant and by consent
of as well the attorney general aforesaid as the said defendant this case
is continued. Whereupon the said Alfred H. McDaniel with Jo. C. Guild came
and in open court acknowledged themselves indebted to the State of Tennessee
in the penal sum of Two hundred and fifty dollars to be levied of their goods
and chattels lands and tenements but to be void on condition that said defendant
make his personal appearance before the court at the court house in the town
of Gallatin on the first Thursday after the third Monday in February next
to answer the State of Tennessee upon a charge for an assault & battery
and not depart there from without leave of said court.
Page 82
Ordered by the
Court that William Rice Shff. be fined five dollars for failing to keep
order in the court house during the setting of the court and
the costs of this order and that fe fa issue.
Friday morning October the 20th 1843 court met according to adjournment present the Honorable Thomas Maney Judge
John B. Pittman, Alfred Moore and his wife Elizabeth,
Hutchings M. Pittman, William F. Pittman, Martha B. McCaw, Thomas Williams
and his wife Susan, Mary Heflington by her Guardian John B. Pittman Exparte
Petition for Partition of Slaves
Be it remembered that at the present term of this court on the 19th day of
October 1843 this cause coming on to be heard before the Honorable Thomas
Maney Judge & upon the petition of the complainants praying for a partition
of slaves where it appearing to the satisfaction of the court that there
are certain slaves to wit Henry, Sally, Eliza, William, Nancy, Bobb, China
and Winny a child of Eliza which decended to the petitioners from their Grand
Father John Pittman who died in the State of Virginia it has also been
represented to the court that Henry one of said slaves had become incorigable
and had been sold by John B. Pittman one of the petitioners for the sum of
Six hundred dollars and it also has been represented to the court that the
said John B. Pittman has acquired by purchase the share of William Pittman
one of the said petitioners. It is therefore ordered adjudged and decreed
by the court that Daniel S. Donaldson, Harry Smith, Thomas Watson, Edmond
Turner and Pristly Bradford be appointed commissioners to divide said slaves
amongst the petitioners equally as near as can be being first duly sworn
to do justice between the parties. In making said division the said commissioners
shall take into the estimate the price at which the said slave Henry was
sold and charge the price of him to the said John B. Pittman on his own share
and the share which he acquired by purchase as stated aforesaid in making
said division the superior dividend with the difference in value between
that and the inferior dividend and the difference in value shall be a lien
on the superior dividends until the difference in price is to the satisfaction
of the court, the said commissioners will report their proceedings in the
premises to the next term of this court under their hands and seals. The
costs of this proceding to be paid by the petitioners.
State
of Tennessee Vs. Beverly Miller For an assault & battery
This day came as well Geo. W. Allen attorney general as the said defendant
in discharge of his recognisance who upon being charged pleads not Guilty
and for his trial puts himself upon the country and the attorney general
aforesaid doth the like whereupon came a jury of good and lawful men to with
Richard D. Hobdy, James L. Shaw, Woodford Bandy, John Payne, Robert Bell,
William Parker, James P. Taylor, Thos W. McMurtry, James Butler, Benjamin
Edwards, Merideth Lambert & Walter Dickerson who being elected tried
and sworn to will and truly try the issue of Traverse between the state and
said defendant are by the permission of the court and the consent of as well
the attorney general as the said defendant respited from rendering their
verdict until tomorrow.
State Vs. William
Avetts & Henry Averett For an affray
This day came as well the attorney general as the said defendants who upon
being charged pleads not Guilty and for their trial put themselves upon the
country and the attorney general doth the like whereupon came a jury of good
and lawful men to wit Etheldred Odom, Thomas H. Johnson, Isham West, Wyttie
Brigance, Thomas W. Coleman, William Blankenship, Thomas Darnell, William
Huffman, William W. Thomas, James Suddarth, Richard Ponds, and Felix G. Haynes
who being elected tried and sworn to will and
Page 83
truly try the issue of Traverse between the state and said defendants upon
their oath do say that said defendants are guilty in manner and form as charged
in the bill of Indictment. Whereupon it is considered by the court that said
defendant Henry Averett make his fine by the payment of five dollars and
the costs of this prosecution and that he stand committed until the fine
and costs be paid or secured and because the said defendant William Avects
had left the court house after the rendering of the verdict by the jury aforesaid
the court does not procede to judgment as to him.
This day came agane as well the attorney general for and in behalf of the
state as the said defendant and also the jury impannelled in this cause on
yesterday who upon their oath do say that the defendant is guilty in manner
and form as charged in the bill of indictment And the jurors aforesaid on
their oath aforesaid to further say that said defendant shall make his fine
by the payment of Three hundred and thirty five dollars and the cost of this
prosecution and that he stand upon his recognisance until the fine and costs
be paid or secured.
This day came as will the attorney general as the said defendants in discharge
of their recognisance and the said defendant William L. Sharp pleads guilty
to the charge and submits to the judgment of the court whereupon it is considered
by the court that said defendant make his fine by the payment of five dollars
and the costs for this prosecution when George F. Crocket acknowledged himself
the security of said defendant for the fine and costs aforesaid and agrees
that execution may issue against him with said defendant for the same which
is ordered accordingly And the said defendant Lycurgus Stewart upon being
charged pleads not guilty and for his trial puts himself upon the country
and the attorney general doth the like whereupon came a jury of good and
lawful men to wit John Moore, Green M. Garrett, William Dempsy, Thomas Wetherd?,
Francis Childress, Henry B. Morris, George Dempsy, Carter T. Hall, John E.
Gilllmore, Edward Vaughan, Nathaniel B. Harrison & William Lavender who
being elected tried and sworn to will and truly try the issue of Travis betwene
the state and said defendant And now here because Green M. Garrett one of
the jurors sworn in this case is absent with the permission of the court
it is agreed by as will the attorney general as the said
Page 84
defendant the remaining eleven jurors shall deliver the verdict in this case whereupon the jurors last aforesaid upon their oath do say that said defendant is guilty in manner and form as charged in the bill of indictment. It is therefore considered by the court that said defendant make his fine by the payment of five dollars and the costs of this prosecution and that he stand committed until the fine and costs be paid or secured Whereupon John Stewart in open court became the security of sd defendant and agrees that execution may issue against him together with said defendant for the fine and costs aforesaid which is ordered accordingly.
State Vs. Nathaniel B. Harrison For an assault &
Battery
This day came as well the attorney general as the said defendant who pleads
guilty to the charge and submits to the judgment of the court It is therefore
considered by the court that said defendant make his fine by the payment
of one dollar and the costs of this prosecution and that he stand committed
until the fine and costs be paid or secured whereupon William Scoggins in
open court became the security of said defendant and agrees that execution
may issue against him together with said defendant for the fine and costs
aforesaid which is ordered accordingly.
Hugh Calgy Lesee Vs Andrews McAuley and James McAuley
Ejectment
This day came the parties by their attornies and the defendants enter into
the common said by confessing lease entry and plead not guilty and agree
to rely upon the title only. And the said defendants with John J. White and
Josephus C. Guild as their security acknowledge themselves indebted to the
plaintiff in the penal sum of Two hundred and fifty dollars conditioned to
defend this suit successfully or on failure thereof to pay and satisfy such
costs and damages as this
Page 86
court shall adjudge against them.
Saturday morning 21st October 1843
Present
The Hon. Thomas Maney Judge
William Franklin & Joseph Miller Exector of K. & W. S. Miller Vs.
William Perry - Motion - Abstract
Previous orders repeated to have William Perry brought to court to answer
the debt by note for Twenty one dollars and 33 cents. Judgement was against
the defendant with interest, dated 20 June 1843.No personal property was
found within the County, levied 24th June 1843 on a tract of land in Sumner
County on the Waters of Bledsoes Creek beginning at Redmond D. Barry's South
East corner on a large white oak running South 224 poles to a stake thence
West 400 poles to a stake thence North 224 poles to a stake thence to the
beginning as the property of William Perry. The court ordered that the land
be condemned and sold for the satisfaction of the judgment.
Page 88
James E. Ferguson & Henry A. Ferguson Matilda
Ann Ferguson by their Guardian - Carter T. Hall Exparte
Be it remembered that the above cause came on to be heard on the 20th day
of Oct. 1843 before the Hon. Thomas Maney Judge upon the Petition Exparte
exhibits and proof in the cause and it appeared to the satisfaction of the
Court that the Petitioners are the owners of the tract of land of fifty six
acres mentioned in the Petition situated in the County of Sumner about 2
miles West of Gallatin on the Red River road adjoining the lands of Isaac
Baker Solomon Shoulders, Geo Elliott & others that the said James E.
is entitled to the one half thereof and the other Petitioners to one fourth
each And it further apearing to the court that the said tract of land cannot
be advantgeously divided among the several heirs, and that it will be to
the interest of the minor Petitioners to have the same sold and the proceeds
divided between them. It is therefore ordered adjudged and Decreed by the
Court that said tract of land be sold and L.B. Edwards esq. is appointed
a Commissioner to make said sale, he will sell the same at the Court house
in Gallatin to the highest bidder upon a credit of one and two years taking
Bond with two good securities and a lein retained until the purchase money
is paid, after advertising the time and place of said sale 40 days in writing
at three or more public places in the County of Sumner one of them being
at the Court house door in Gallatin, said land shall not be sold for a less
price than $15 per acre said commissioner will make his report to the next
Term of Court.
Page 88
State of Tennessee Vs. Beverly Miller For an assault
& Battery
Beverly Miller who with Josephus C. Guild his security in a bond taken by
L.F. Schell Justice of the Peace for the county of Sumner duly commissioned
and authorised by law to take such Bond each in the penal sum of Two hundred
and fifty dollars conditioned that the said Beverly Miller sould make his
personal appearance here before the court at
Page 89
court house in the town of Gallatin on the first Thursday after the third Monday in October Inst solemly called and the said Beverly Miller came not but made default and the said Josephus C. Guild his security as aforesaid did not produce the body of the said Beverly Miller to answer the charge aforesaid whereupon on motion of the attorney general it is considered by the court that said Bond aforesaid be forfeited No Se and that Scerefacias? issue against the said Beverly Miller & Josephus C. Guild his security of aforesaid to show cause if any they can why final Judgment shall not be rendered against them for the penalty aforesaid returnable here at the next term of the court.
Monday morning October 23rd 1843 Court met according to adjournment present the Hon'l Thomas Maney Judge
State of Tennessee Vs. Henry Averett For an affray
This day came agane as well the attorney general as the said defendant in
the custody of the sheriff with Doctor P. Hart and John W. Head who in open
court became the security of said defendant and agree that execution may
issue against them together with said defendant for the fine and costs aforesaid
which ordered according.
State of Tennessee
Vs. James M. Owens For an assault with intent to commit murder in the first
degree
This day came agane as well George W. Allen attorney general for and in behalf
of the State as the said defendant in the custody of the Sheriff and the
Jury impannelled having returned their verdict in this case on a former day
of this term It is considered by the court that said defendant make his fine
by the payment of One hundred and fifty dollars and the costs the finding
of the Jury in this case of this prosecution and that he remain in custody
until the fine and costs be paid or secured. And it is further ordered by
the court that said defendant be imprisoned for the space of ten days from
this day fourteen day of November 1843 in the common Jail of Sumner county
and that execution issue for the fine and costs aforesaid And the defendant
by his attorney moved the court for leave to show cause why a new trial should
be granted him in this case and the same being argued ___ fully understood
by the court it is ordered by the court that said motion be overrruled and
stand for nothing.
Ordered by the court that the following accounts be
altered to wit
The Account of Joel H. Daughtery Jailer of, $14.12, for keeping Merideth
Wims charged with Larceny in the Jail of Sumner be allowed and taxed in the
bill of costs.
The account of Joel H. Daughtery of $42.37 for keeping Thornton Brown on a charge of Horse stealing in the jail of Sumner county be allowed and taxed in the bill of costs.
The account of Keny? Kirby Sheriff of Macon county of $4.20 for conveying Meridith Wims charged with Larceny be allowed and taxed in the bill of costs.
Court adjourned until Monday morning 9 o'clock.
Page 90
Ordered by the court that the account of Charles Lewis of $12.00 for keeping jury in the case of the State Vs. James M. Owens be allowed and taxed in the bill of costs.
Robert G. Douglas Vs. Joseph Lock Cateorare
This day came the parties by attornies and the defendant having entered his
motion to dismiss the cateorare on a former day of this term and the same
being now argued and fully understood by the court. It is ordered by the
court that said cateorare be dismissed and that defendant recover of plaintiff
his costs in this behalf expended and that execution issue.
Appeal was dismissed and the plaintiff was ordered to pay court
costs.
Jury found in favor of the plaintiff and assessed damages of One hundred
and forty seven dollars and fifty six cents..
Page 91
Jones W. Lock Vs. John Y. Roper
Plaintiff will not further prosecutge his suit and the defendant in open
court assumed to pay the costs.
Court met according to adjournment present the Honorable Thomas Maney
Judge
A power of attorney from Moses M. Donelson and Jane Harriett Donelson formerly Jane Harriett Zancor daughter of John Zancor dec'd and Tabitha Webb wife of William S. Webb and daughter of John Zancor dec'd to William S. Webb dated the 24th day of October A.D. 1843 was duly acknowledged in open court by the said Moses M. Donelson Jane Harriett Donelson and Tabitha Webb wife of William S. Webb to be their act and deed for the purposes therein mentioned And the said Jane Harriett Donelson and Tabitha Webb the feemes? covert? above mentioned being examined by the court separate and apart from their said husbands say they made and executed said power of attorney of their own free will and accord and without any threat persuasion or other undue influence from their said husbands all of which is ordered to be so certified.