At a county court began & held for Muhlenberg County at the courthouse in Greenville on Monday the 30th day of January 1843.
Present John Campbell, Strother Jones, Bennet D. Bailey, E.S. Baker Esqr., Solomon Rhoades, Ephraim S. Baker, Moses Wickliffe, D.T. Short Esqr., Charles Tyler
A settlement with the administrator of Jacob Newman deceased was again returned in to court & ordered to be recorded.
Settlement with the administrator of John S. Young deceased was returned in to court & having laid over one term is ordered to be recorded.
Inventory & appraisement of the estate of Samuel Russell deceased was returned in to court & ordered to be recorded.
The last will & testament of James Arnet deceased was exhibited in to court & proved by the oath of John S. Eaves, a subscribing witness thereto & ordered to be certified.
On the motion of Thomas Terry, it is ordered that Thomas L. Martin, Wm. C. Martin, Jackson Lovelace and John W. Mathis or any three of them, view & mark out an alteration of that part of the road leading from the upper Madisonville Road to Greens Mill as the same passes the farm of said Terry & make report thereof as the law directs.
Ordered that Sovereign Hollowell be appointed surveyor of that part of the road leading from Carrolton to Madisonville whereof Charles Tyler was surveyor & that he with the hands in the following bounds, beginning at Green River at Carrolton thence to include Nathaniel Howard & hands, thence to Jarod Wallace including him also Mrs. Calvert & hands, thence to Cypress thence up Cypress to the middle of the swamp, thence to include W.B.[?] Bennet & hands, thence with the Madisonville Road to the road leading from Greenville [to] Rumsey, thence down the same to the Beginning, open & keep the same in repair 15 ft. wide as the law directs.
Inventory & appraisement of the estate of John Johnson deceased was returned in to court & ordered to be recorded.
Samuel B. Earle, surveyor of that part of the road lately established leading from Clarks ferry to Millport, reported that he had opened the same as required by law.
The commissioners appointed for that purpose reported that they had sold off & set a part to Mrs. Heltlsey, widow & relict of Michael Heltsley deceased, her dower in & to the estate of said decedent which is ordered to be recorded. [Image]
[Present] Wm. Martin & R.S. Russell
Nathan Eades, surveyor of that part of the road leading from Zilpha Oates to Lewisberg, reported that he had opened the road as the law directs.
The court appointed Charles D. Ward constable in & for the town of Rumsey, who thereupon took the oaths prescribed by law together with the oath against dueling & together with Sanders Eaves & Rufus Linthicum, his security, executed bond in the penalty & condition as the law directs.
The court appointed Richard Guyn constable in the town of Greenville in place of William W. Oates who has resigned, whereupon said Guyn took the several oaths prescribed by law & together with B.E. Pittman, Jesse H. Reno & Thomas Walton, his security, executed bond in the penalty and condition as the law directs.
Bennet D. Bailey Esqr., who has been commissioned sheriff of Muhlenberg County, came in to court & together with John S. Eaves Sr., Sanders Eaves, John S. Eaves Jr., his security, executed bond in the penalty of three thousand dollars for the collection of the county levy. The same with the same security executed bond in the penalty of ten thousand dollars for the collection of the revenue tax &c.
The court, a majority being present, appointed William W. Hancock commissioner of the tax for this county in the upper battalion, who thereupon took the oath prescribed by law & together with James Hancock security executed bond in the penalty of $500 conditioned as the law directs.
[Present] S.M. Wilkins Esqr.
The court also appointed John B. Eaves commissioner of the tax in the lower battalion for the year 1843 who thereupon took the oath prescribed by law & together with Vachel L. Dillingham and Thomas Morgan his security executed bond in the penalty of $500 conditioned as the law directs.
Inventory & appraisement of the estate of Adam Stobaugh deceased was returned into court & ordered to be recorded.
A majority of all the justice in commission being present & concurring therein, recommend to his excellency the governor, Alney McLean & Peter Shaver as proper persons one of whom to be commissioned as surveyor for Muhlenberg County in place of Ephraim M. Brank the former surveyor who has removed out of the county.
William Martin, coroner, came into court and resigned as such, whereupon the court recommend to his excellency the governor, William Bell & James B. Hancock as proper persons one of whom to be commissioned as coroner in & for the county of Muhlenberg.
The court appointed James Irvin constable in the room & stead of Jesse Oates who has resigned, whereupon said Irvin took the several oaths prescribed by law & together with Hugh W. McNary & Beverly Coleman his security executed bond in the penalty & condition as the law directs.
The commissioners appointed for that purpose reported that they had divided the estate of Henry Stum deceased among the several heirs, which report being examined & approved of is ordered to be recorded.
Willis Morgan Admr. Plaintiff against David Evans Defendant, on an appeal
Continued
Joseph Gross Plaintiff against James Wells Defendant, on an appearl
Continued
Thomas Worthington Appellant against Peter N. Johnson Appellee, on an appeal
This day came the defendant in his own proper person and the plaintiff failing to appear, on motion of the said defendant it is considered by the court that the plaintiff be nonsuit & that the said defendant go hence & recover of the said plaintiff one hundred & fifity pounts of tobacco, the damages, according to law in case of a nonsuit, & that he also pay the costs of this & also his costs in this behalf expended & the said plaintiff in mercy &c.
The same [Thomas Worthington] Plaintiff against John Coffman Defendant, on an appeal
Continued
James Scott, the next friend of William Scott the orphan of Nathan Scott, came into court & suggested the propriety of binding the said William Scott to David T. Short. It is therefore ordered that the said William be bound to the said Short to learn the art & trade of a tanner until he arrives to the age of twnety one years (the said William being fourteen years old in December 1842), and that the said Short enter into an indenture for that purpose with the clerk of this court as the law directs. [Image]
On the motion of Alney M. Newman, it is ordered that he be appointed guardian to Elizabeth Ann, Alney & Isaac Newman, orphans of Jacob Newman deceased, who thereupon took the oath prescribed by law & together with Isaac Newman and James D. Welborn his security executed bond in the penalty of $600 conditioned as the law directs. [Image]
On the motion of William C. McNary certificate is the court appointed him granted him for obtaining letters of administration of the estate of Garry G. Bennet deceased, who thereupon together with took the oath prescribed by law and together with Hugh W. McNary & Thomas Girvin his security executed bond in the penalty of one thousand dollars conditioned as the law directs.
On the motion of William Tuder and it appearing to the satisfaction of the court that he is improperly charged with two county levies for the year 1841 & 1842, it is ordered that he be released & discharged therefrom which is ordered to be certified to the sheriff of this county.
Inventory & appraisement of the estate of Fereby Harper deceased was returned in to court & ordered to be recorded.
A sale bill of the same estate was also returned in to court by the admr. & ordered to be recorded.
Jefferson Martin & William Morgan, persons appointed to open the new road lately established leading from Clarks ferry to Millport, reported that they had opened the same as required by law.
Ordered that the court be adjourned until court in course.
Solomon Rhoads J.P.
At a county court began & held for Muhlenberg County at the courthouse in Greenville on Monday the 27th day of February 1843.
Present I.J. Baker
E.S. Baker
Strother Jones
Solomon Rhaods
A settlement made with Charles Morehead admr. of John Smith decd. was returned in to court & being examined is ordered to be over until the next term.
A settlement with Thomas Terry admr. of Young Lovelace decd. was returned in to court & ordered to be over as the law directs.
A settlement with the paymaster of the 40th regiment & 17th brigade of Kentucky militia was exhibited in to court, which being examined & approved of is ordered to be recorded.
Alney McLean produced a commission from his excellency the governor bearing date the 6th day of February 1843 appointing him surveyor of Muhlenberg County who thereupon took the several oaths prescribed by law & together with Jesse H. Reno, William C. McLean & John J. Wells his security executed bond in the penalty of five hundred pounds conditioned as the law directs.
William Bell produced a commission from his excellency the governor bearing date the 6th day of February 1843 appointing him coroner of Muhlenberg County who thereupon took the several oaths prescribed by law and together with William C. McNary & Abraham Dennis his security executed bond in the penalty of 500 pounds conditioned as the law directs.
Inventory & appraisement & sale bill of the estate of Benjmain Hinkle deceased was returned into court by the administrator & ordered to be recorded.
Ordered that Ashford Randolph be appointed surveyor of that part of the road leading from Greenville to Doges[?] ford whereof Isaac Wood was surveyor & that he with the hands formerly allotted open & keep the same in repair 15 feet wide as the law directs.
Absent E.S. Baker Esqr.
The persons appointed for that purpose reported an alteration of that part of the road leading from Greenville to Greens mill as the same passes the farm of Thomas Terry which report was was not received by the court.
Willis Morgan Admr. Plaintiff against David Evans Defendant, on an appeal
Continued
Joseph Grace Plaintiff against James Wells Defendant, on an appeal
Continued with pluries
Thomas Worthing[ton] & J.M. Shutt Appellants against John Coffman Appellee
This day came as well the plaintiff Worthington in his own proper [person] as defendant by his attorney and upon hearing the arguments, it is considered by the court that the judgment of the justice below be confirmed & that the appellee go hence and recover of the appellants his costs herein incurred & that he thereof have execution.
Present E.S. Baker Esqr.
Absent Strother Jones Esqr.
Ordered that George Y. Kirkendall by appointed surveyor of that part of the road leading from Lewisberg to Smiths Bridge on Pond Creek whereof David Imbler was surveyor & that he with the hands formerly allotted said Imbler open & keep the same in repair 15 feet wide as the law directs.
On the motion of John J. Engler, it is ordered that Jonathan Hunt, William W. Simmons, George Penrod & Lovett P. Whitney or any three of them being first sworn, view & mark out a way for a road to lead from the Greenville Road as it leads to Morgantown commencing at Allen Perdues & running thence to Englers ferry on Mud River & make report thereof as the law directs.
On the motion of Samuel O. Grundy, it is ordered that Andrew Kittinger, Charles Evans, David Whitmer & Lewis Wiggins or any three of them being first sworn, view & mark out an alteration of that part of the road leading from Millport to James Nicholls as the same passes the farm of said Grundy & make report thereof as the law directs.
Present Strother Jones & S.M. Wilkins Esqrs.
On the motion of John D. Goodnight, it is ordered that Thomas Morgan, Jacob Miller, William Morgan & William Browning or any three of them being first sworn, view & mark out an alteration of that part of the road leading from Greenville to Millport as the same passes the farm of John D. Goodnight & make report as the law directs.
On the motion of Theophilus Watkins, it is ordered that Timothy Umphrey, William Wickliffe, Samuel Gossett & John Gossett or any three of them being first sworn, view & mark out an alteration of that part of the road leading from Lewisburg to Madisonville where the same passes the farm of said Watkins and make report thereof as the law directs.
On the motion of Elizabeth January, the mother of Wesley Langley, who was heretofore bound to R.H. McKinney and an indenture entered into between the clerk of this court & said McKinney and said McKinney being now in court & consenting thereto, it is ordered that the said indenture be rescinded at the costs of the said Elizabeth. [Image]
On the motion of Gasham Davis, it is ordered that his ferry across Muddy River on the road leading to Bowling Green be & the same is hereby discontinued.
On the motion of John J. Engler, it is ordered that a ferry be established across Muddy River on the road leading from Greenville to Bowling Green he owning the land where said road crosses who thereupon together with John B. Smith his security executed bond in the penalty & codnition as the law directs.
Inventory & appraisement of the etsate of Moses Smith deceased was returned into court by the administrator thereof as the law directs.
On the motion of John Gossett Jr., it is ordered that the indenture heretofore entered into between the clerk of this court & David T. Short, binding to said Short William Scott, be rescinded, the said Shrot being present & concurring therein. [Image]
On the motion of John Gossett Jr., it is ordered that William Scott, orphan of Nathan Scott deceased, be bound to said Gossett to learn the art & trade of a wagon maker & that he remain with said Gossett until he arrives to the age of twenty one years and it is further ordered that the clerk of this court enter into an indenture with said Gossett as the law directs with a further covenant that said Gossett furnish said William Scott at the expiration of his apprenticeship with a good set of wagon makers tools. [Image]
On the motion of Thomas Terry, it is ordered that Vachel L. Dillingham, John B. Staples, Thomas J. Rice & James W. Rice, or any three of them being first sworn, view & mark out an alteration of that part of the road leading from Greenville to Greens mill as the same passes the farm of said Terry & make report as the law directs.
Ordered that the court be adjourned until court in course.
Strother Jones J.P.
At a county court began and held for Muhlenberg County at the courthouse in Greenville on Monday the 24th of April 1843.
Present Moses Wickliffe, Solomon Rhoads, E.S. Baker, S. Jones, J.W. Poag, Jno. Bland, J.W.I. Godman, Wm. Martin, Jno. Campbell, I.J. Baker
Thomas James stock mark, twoit, a slit & underlist[?] in each year [ear?], which is ordered to be recorded.
Ordered that Benjamin Casebier be and he is appointed surveyor of that part of the road leading from Greenville to Vaughts mill whereof Wm. Cundiff was surveyor & that he with the hands formerly allotted open & keep the same in repair 15 feet wide as the law directs.
Inventory & appraisement of the estate of John Clark deceased was returned and ordered to be recorded. Sale bill of same, same order.
Ordered that Presley Rhoades be appointed surveyor of that part of the road leading from Greenville to Solomon Rhoads as it leads to Morgantown in place of Jacob Rhoads & that he with the hands formerly allotted open and keep the same in repair 30 feet wide as the law directs.
Elizabeth A. Gibles [sic], orphan of Smith Gilles decd., came into court & made choise of John Gibles [sic] as her guardian who thereupon together with Andrew Glenn & John Ferguson his security executed bond in the penalty of twelve hundred dollars, conditioned as the law directs. [Image]
{fee pd.} The court appointed Lewis Reno constable in the district in which he has heretofore acted as constable, who thereupon together with Jesse H. Reno & John E. Reno his securities executed bond in the penalty & condition as the law directs.
Willis Morgan Admr. Plaintiff against David Evans Defendant, on an appeal
This day came the parties aforesaid by their attorneys and thereupon the defendant plead payment & the statute of limitations & upon hearing the testimoney the court are of opinion that the judgment of the judgement of the justice below be reversed & that the defendant recover of the plaintiff his costs herein expended to be made & levied of the goods & chattels of the said decedant in the hands of the Administartor to be administered & that he thereof have execution.
Absent Strother Jones Esqr.
Present David T. Short Esqr.
Absent D.T. Short Esqr.
Absent all but John Campbell, Solomon Rhoads, & James W. Poag, E.S. & I.J. Baker Esqrs.
Joseph Grace Appellant against James Wells Appellee, on an appeal
This day came the parties aforesaid by their attorneys and after hearing the testimony, it is ordered by the court that the judgment of the justice below be reversed & that the plff. deft. [unreadable] herein expended.
On the motion of John Campbell & R.S. Russell Esqrs. [unreadable] superintend the election of [unreadable] for the county town of Greenville [unreadable] election.
On the motion of John McIntosh who is old & infirm, it is ordered that he be exempt from paying county levy in the future. [Image]
Bennet D. Bailey Esqr. produced a commission from his excellency the governor appointing him sheriff in and for the county of Muhlenberg, who thereupon took the oaths prescribed by law & together with John S. Eaves Sr., Sanders Eaves, William A. Eaves & George S.[?] Eaves, John S. Eaves Jr.[?], his securities, executed bond in the penalty & condition required by law.
Ordered that Edward R. Weir Esqr. be and he is hereby appointed treasurer in & for the county of Muhlenberg in the place of Ephraim M. Brank, who has removed out of the county, who thereupon together with Charles F. Wing & J.E. Reno his security executed bond in the penalty and condition as the law directs.
Bennet D. Bailey Esqr. sheriff came into court and executed bond for the collection of fines & forfeitures in the penalty & condition as the law directs with John S. Eaves Jr., Sanders Eaves, John S. Eaves Sr., George Eaves and William A. Eaves his security.
The last will and testament of James Arnett deceased, was returned into court & fully proved by the oath of William A. Eaves a subscribing witness thereto & ordered to be recorded.
On the recommendation of Bennett D. Bailey Esqr. sheriff of this county William A. Eaves and George Eaves were admitted his deputies who thereupon took the several oaths prescribed by law together with the oath against dueling.
The court doth appoint Bennet D. Bailey guardian to George H. Spence, orphan of John Spence deceased, he being under the age of fourteen yeaers who thereupon together with Nathanial Howard his security executed bond in the penalty of twenty dollars conditioned as the law directs & took the oath prescribed by law. [Image]
Ordered that the clerk of this court bind to Joseph Bell Philip G. Spence, orphan of John Spence deceased, to learn the art & trade of a farmer until he arrives to the age of twenty one years, he the said Philip being fourteen years of age the 6th day of October 1842 and as the law directs with a further covenant that he will give the said Philip at the expiration of his apprenticeship a horse worth fifty dollars & a new saddle & bridle. [Image]
Ordered that Benjamin Casebier be and he is hereby appointed surveyor of that part of the road leading from Greenville to Vaughts mill whereof William Cundiff was surveyor & that he with the hands formerly allotted open & keep the same in repair 15 feet wide as the law directs.
On the motion of Britton Willis and for reasons appearing to the court, ordered that Jesse H. Reno be appointed Guardian to John Kenny & Edward, two boys of colour, Edward being ten & John Kenny being nine years of age, until they arrive to the age of twenty one years, whereupon said Reno together with Lewis Reno, William Finch & Robert Wickliffe his security executed bond in the penalty of $2000 conditioned as the law directs. [Image]
Ordered that the clerk of this court bind to the said Jesse H. Reno John Kinney & Edward the boys named in the above order until they arrive to the age of twenty one years as the law directs. [Image]
On the motion of David Dukes who made oath as the law directs certificate is granted him for obtaining letters of administration on the estate of Thomas Davis deceased, who thereupon together with Samuel Grace his security executed bond in the penalty and [sic] of fifty dollars conditioned as the law directs.
{copd.} Ordered that Solomon Rhoads pay Solomon Rhoads seventeen dollars & 75 cents the amount of his claim for repairing the bridge across the slough near Boggess's mill.
On the motion of Thomas G. Martin Jr. who made oath as the law directs, license is granted him to keep a tavern at his house in the town of Rumsey who thereupon together with William C. McNary & Andrew Glenn his security executed bond in the penalty & condition as the law directs.
Ordered that the clerk of this court bind to Peter A Baker Green W. Newman, orphan of Jacob Newman, until he arrives to the age of twenty one years, the said Green being fifteen years of age in September 1843 & the said indenture be drawn in the usual form and as the law directs. [Image]
{copd.} John B. Earle commissioner of the tax in the lower battalion returned into court his book & vouchers, which being examined & approved of was received by the court, and it appearing that said book contains 975 lists taxed[?] one hundred & 8c of which being one addition under the late law on the subject which at 8 cents per list amounts to $78.00 from which is deducted fifteen dollars & 60 cents the 20 percent thereon as the law directs.
The commissioner in the lower battalion reported that Wm. Kincheloe, Robert Clark, Thos. J. Clark, John Clark & Aaron W. Davis failed to give in their lists of taxable property as the law directs. Ordered that summons [unreadable] against them, returnable here at the next court.
E.M. Ewing Plaintiff against Wm. Smiths Admr., on an appeal
Continued
Ephraim M. Brank, one of the commissioners of account, having removed from the county of Muhlenberg, it is ordered that Charles Ball be appointed a commissioner in the room & stead of said Brank. [Image]
On the motion of Theophilus Watkins, Timothy Umphrey, Wm. Wickliffe, Saml. Gossett & Charles Watkins are appointed to view & mark out an alteration of the road leading from Greenville Lewisberg to Madisonville as the same passes the farm of said Watkins & make report as the law directs. Whereupon said commissioners made their report which was received by the court and the alteration established upon said Watkins opening said road.
Vincent Shelton appellant against Coleman V. Shelton defendant, on an appeal
This day came the parties aforesaid by their attorneys & after hearing the testimony, it is considered by the court that the judgment of the justice below be affirmed & that the plaintiff have his costs herein expended & that he have execution.
The persons appointed for that purpose reported an alteration of that part of the road leading from Greenville to Greens mill as the same poasses the farm of T. Terry which report was received by the court and said alteration established accordingly.
The persons appointed for that purpose reported that they had viewed & marked out an alteration of that part of the road leaeding from James Nicholls to Millport lying between the lake & S.O. Grundys which report was received by the court & said alteration made agreeably to said report.
The commissioners appointed for that purpose reported that they had viewed an alteration of that part of the road lying between Clifty and Mud River in the direction to Bowling Green which report was received & said alteration established. Ordered that John Engler be appointed surveyor of said road commencing at the crossroads thence to Englers ferry on Mud thence to include the hands formerly alloted George Penrod open & keep the same in repair 15 feet wide as the law directs.
Ordered that Charles Robinson be appointed surveyor of that part of the road leading from Greenville to Owensboro lying between Fentress's & the middle of the thoroughfare whereof Francis Kirtley was surveyor & that he with the hands formerly alloted excepting…
…James Nicholls open & keep the same in repair 15 feet wide as the law directs.
Ordered that Henry Williams be appointed surveyor of that part of the road leading from Zilpha Oates's to Lewisberg that lies between said Oates & the Madisonville Road & that he with the following hands, D. Stone, James Isbell, R. Fulton, R. William, H. William, Wm. Williams, J.M. Williams & J.M. Vick & that they open & keep the same in repair 15 feet wide as the law directs.
Ordered that Henry Drury be appointed surveyor of that part of the road leading from Greenville to Owensboro that lies between the Lewisberg road & the branch at Batsells whereof N. Howard was formerly surveyor & that he with the hands formerly allotted said Howard including E. Batsell, Jas. Nicholls Jr. also the farm of J. Bodine on the road & that of Lewis Reno & that he open & keep the same in repair 15 feet wide as the law directs.
Ordered that Ephraim Durall be appointed surveyor of that part of the road leading from Greenville to Lewisberg that lies between E.M. Branks farm & the Bald Hill & that he with the hands living in the following bounds beginning at E.M. Branks thence to include William Eaves, thence to include Michael Goodnight thence to include Wm. Coger thence to include Thomas Wright thence to include Ephraim Durall thence to include Jackson Shelton & R.J. Cessna thence to the Bald Hill thence to the beginning.
Ordered that Strother Jones, J.C. Reynolds, Kinard Hay & John A. Allison be appointed appraisers to appriase in current money the personal estate of Samuel Turner deceased & make report thereof as the law directs.
Inventory of the estate of Garry G. Bennett deceased was returned in to court by the administrator thereof which thereupon ordered to be recorded.
Ordered that Ephraim R. Dillingham be appointed surveyor of that poart of the road leading from Greenville to Madisonville whereof Stephen Harris was surveyor & that he with the hands formerly allotted open & keep the same in repair 15 feet wide as the law directs.
Ordered that Gabriel N. Shelton be appointed surveyor of that part of the road whereof William H. Finley was surveyor leading from Greenville to Elkton and that he with the hands formerly alloted open & keep the same in repair 30 feet wide as the law directs.
Ordered that Lewis Thomas Kincheloe be appointed surveyor of that part of the road leading from Lewisberg to Madisonville whereof Timothy Umphrey was surveyor and that he with the hands formerly alloted said Umphrey open & keep the same in repair 15 feet wide as the law directs.
Ordered that John R. Roark be appointed surveyor of that part of the road leading from Greenville to Rumsey whereof W.T. Brown was surveyor & that he with the hands formerly alloted open & keep the same in repair 15 feet wide as the law directs.
Ordered that Wilson G. Cates be appointed surveyor of that part of the road leading from Greenville to Mortons ferry whereof Henry Yonts was surveyor & that he with the hands alloted said Yonts open & keep the same in repair 15 feet wide as the law directs.
Ordered that the precinct of the road whereof James F. Hancock is surveyor leading from Greenville to Elkton be so altered as to run from Greenville to William Lee's including him thence to Stephen Wright's including him thence down Pond Creek to the mouth of Beech Creek thence to the beginning including Uriah Clevinger, James H. Wright, William Terry, C.G. Rice, W.J. Rice and Presley Whitaker open & keep the same in repair 30 feet wides as the law directs.
Ordered that Thomas Howerton be appointed surveyor of that part of the road leading from Greenville to Vaughts mill whereof Gilbert C. Vaught was surveyor & that he with the hands formerly alloted said Vaught open & keep the same in repair 15 feet wide as the law directs.
Ordered that Wilson Girvin be appointed surveyor of that part of the road leading from Greenville to Rumsey whereof Henry Morehead was surveyor & that he with the hands formerly alloted said Morehead open & keep the same in repair 15 feet wide as the law directs.
Ordered that William Cundiff be appointed surveyor of that part of the road leading from Greenville to Morgantown whereof Thomas Jernigan was surveyor and that he with the hands formerly alloted said Jernigan excepting Presley Whitaker open & keep the same in repair 30 feet wide as the law directs.
Ordered that James Howerton be appointed surveyor of that part of the road leading from Lewisberg to Skilesville whereof Barnabas Rhoads was surveyor and that he with the hands formerly allotted said Rhoads open and keep the same in repair 15 feet wide as the law directs.
Ordered that Charles Watkins be appointed surveyor of that part of the road leading from Lewisberg to Madisonville whereof Joel Harper was surveyor & that he with the hands formerly alloted open & keep the same in repair 15 feet wide as the law directs.
Ordered that Robert C. Sharp be appointed surveyor of that part of the road leading from Greenville to Mortons ferry whereof Joseph M. Bell was surveyor & that he with the hands formerly allotted said Bell open & keep the same in repair 15 feet wide as the law directs.
Ordered that William Grable be appointed surveyor of that part of the road leading from Greenville to Russellville lying between Henry Myres's & the county line & that he with the hands in the following bounds beginning at the bridge on Clifty thence down the creek to Benjamin Linton's including him & the place where Robert Jenkins lived, thence to James Hughes including him, thence to the county line thence with the county line to the creek thence with Clifty Creek to the bridge thence to include Henry Myers & hands, Marshall Blackwell & all the hands living in said bounds open & keep the same in repair 30 feet wide as the law directs.
Ordered that Thompson B. Smith be appointed surveyor of that part of the road leading from Greenville to Williams's ferry that lies between Heltsley's bridge & said ferry whereof Oliver Kimley was surveyor & that he with the hands formerly allotted said Kimley open and keep the same in repair 15 feet wide as the law directs.
A settlement with Charles Morehead Administrator of John Smith deceased was again returned in to court & having laid over for one term is now ordered to be recorded.
A settlemtn with the administrator of Young Lovelace deceased was again returned in to court & having laid over one term is ordered to be recorded.
Ordered that the court be adjourned until tomorrow morning at 8 o'clock.
John Campbell Esqr.
Tuesday the 25th day of April 1843
The court met according to adjournment
Present John Campbell JP
E.S. Baker JP
R.S. Russell JP
Ordered that William Bell Jr. be appointed surveyor of that part of the road leading from Greenville to Russellville whereof James M. Bell was surveyor & that he with the hands formerly allotted said James M Bell open & keep the same in repair 30 feet wide as the law directs.
Ordered that Thomas Vincent be appointed surveyor of that part of the road leading from Greenville to Millport lying within the following bounds Beginning at Harris's Branch thence down the branch to Bethells mill exluding him, thence to include Harpers old place thence to include William Phenix[?] thence to the Lewisberg Road & with it to John Millers excluding him thence to the Madisonville Road & with it to the Beginning & that he open and keep the same in repair 30 [or 15] feet wide as the law directs.
Ordered that B.E. Pittman be appointed & authorized to procure a bucket for the public well of suitable size & that he also have a door made to the [unclear] of the courthouse of the county…
…to be procured & done between this and the next June term of this court.
Ordered that the court be adjourned until court in course
John Campbell Esqr.
At a county court began and held for Muhlenberg County at the courthouse in the town of Greenville on Monday the 29th day of May 1843.
Present Strother Jones, S.M. Wilkins & Jno. W.I. Godman, M. Wickliffe, I.J. Baker & S. Rhoads.
Robert Clark, Thomas I. Clark & John Clark who failed to list their property for taxation with the commissioner for the year 1843 listed the same with the clerk as follows towit:
Robert Clark lists for taxation the following property:
126 acres of land on Cypress worth $450
100 acres of land on Cypress worth $400
25 acres of land on Cypress worth $25
2 head of horses worth 75 dollars & $100 worth of cattle $175
1 white male over 21 years.
Thomas I. Clark list for taxation for the year 1843
400 acres of land on Cypress worth $400
1 while male over 21 & 3 head of horses worth $125
John Clark lists for taxation 2 head of horses worth $100 & 1 white male over 21 years
Ordered that the same be certified to the auditor of public accounts & the sheriff of this county.
Settlement with the Admr. of David Lott deceased was returned in to court & ordered to lie over until the next term.
Ordered that Hiram Luckett be appointed surveyor of that part of the road leading from Greenville to Morgantown whereof Thomas Jernigan was surveyor & that he with the hands formerly alloted said Jernigan excepting Presley Whitaker open & keep the same in reapir 30 feet wide as the law directs.
Ordered that Jefferson Dennis be appointed surveyor of that part of the road leading from Greenville to Vaughts mill that lies between Smalls bridge and said mill in place of Thomas Howerton & that he with the hands in the following bounds open Beginning at the mouth of Dannels Run thence up the same to Tinsleys[?] old place including it thence straight line to Mrs. Hunleys including her thence to the mill including it thence up Pond Creek to the Beginning open & keep the same in reapir 15 feet wide as the law directs.
Ordered that Constant Oglesby, Mosely P. Wells, William Douglass, Alden Hill or any three of them be appointed to appriase in current money the personal estate of Thomas Davis deceased & that the Administrator return an inventory thereof.
Present Wm. Martin Esqr.
Ordered that the
The Commonwealth vs. Wm. Kincheloe and Aaron W. Davis - The defendants having filed their lists of taxable property, it is ordered that the summons against them be dismissed.
The same against Robert Clark, Thomas I. Clark & John Clark on a summons for failing to list their taxable property, the defendants having filed their lists, ordered that said summons be dismissed.
Present John Campbell JP
Ordered that Thomas Summers be appointed surveyor of that part of the road leading from Greenville to Madisonville whereof E.R. Dillingham was surveyor & that he with the following hands Beginning at Littlepages ferry including W. Fletcher thence to include [unreadable] thence to include Daniel Morgan, John Miller, David James[?], Simeon Roark, Barnet Stewart, Mosely Stanley, James Long, thence to include Wm. Martin & Charles C. Summers & to the Beginning open & keep the same in repair 30 feet wide as the law directs.
Ordered that Jefferson Martin be appointed surveyor of that part of the road leading from the top of the Rocky hill to James Irvins lane in a direction to Rumsey & that he with Alney W. Martin & Hugh Martin open & keep the same in repair 15 feet wide as the law directs.
Ordered that Barnabas Wilkins be appointed overseer of that part of the road leading from Clarks ferry to Rumsey that lies between said ferry & the top of the Rocky hill & that he with Lewis Arnett, James Garris & James Arnett open & keep the same in repair 15 feet wide as the law directs.
Ordered that Thomas Morgan be appointed overseer of that part of the road leading from Clarks ferry to Rumsey that lies between James Irvins lane & Millport & that he with Charles Morgan & William Morgan open & keep the same in repair 15 feet wide as the law directs.
{copd.} Ordered that the former sheriff of this county pay Richard Guyn four dollars & six cents out of money in his hands for work done by said Guyn as per account rendered.
{copd.} On the motion of James W. Poag who made oath as the law directs certificate is granted him for obtaining letters of administration on the estate of Daniel K. Nall deceased who thereupon together with Joseph L. McIntire and Isaac A. Clifford his security executed bond in the penalty of two hundred dollars conditioned as the law directs. Ordered that W.G. Langley, Winsted Beck, A.H. Lovelace & Charles Tyler or any three of them being first sworn appraise in current money the personal estate of said decedant & that the administrator return an inventory thereof.
Stephen Vick came into court to renew his bond as constable, but there not being a majority the motion was continued till next court.
Ordered that James Taggart the former sheriff of this county pay Charles F. Wing five dollars out of monies in his hands due the county being the price of the third volume of Loughboro's digest of the statue paid by him.
Ordered that James Taggart former sheriff pay B.E. Pittman three dollars out of money in his hands due the county for a bucket furnished by said Pittman for the public well.
Ordered that summons issue against Harvy Young & Henry Williams Jr. who failed to list their taxable property for the year 1843 returnable here at the next court.
{fee paid} On the motion of Solomon Beals the court appointed him guardian to Joseph Vandiver, orphan of George Vandiver deceased, who thereupon took the oath prescribed by law and together with Frances Kirtley his security executed bond in the penalty of twenty dollars conditioned as the law directs. [Image]
{copd.} William W. Hancock commissioner of the tax in the upper battalion returned in to court his book which was received. Ordered that he be allowed seventy eight dollars & 08 cents for six hundrend & eight six original lists & 290 additional lists, making in all 976 lists, with a deduction from the above sum of $15.61 being the 20 percentum thereon as the law direts, which is ordered to be certified to the auditor of public accounts.
Ordered that Silas Taylor be appointed overseer of that part of the road leading from Greenville to Carrolton to Madisonville whereof Sovereign Hollowell was surveyor & that he with the hands formerly alloted said Hollowell open & keep the same in repair 15 feet wide as the law directs.
Ordered that Robert Cessna be appointed surveyor of that part of the road leading from Greenville to Elkton whereof John Robertson was surveyor & that he with the hands formerly alloted open & keep the same in repair 30 feet wide as the law directs.
On the motion of William A. Eaves who made oath as the law directs certificate is granted him for obtaining letters of administration on the estate of John Miller deceased who thereupon together with Burris E. Pittman & Robert Branscomb his security executed bond in the penalty of one thousand dollars conditioned as the law directs.
Ordered that the court be adjourned
Moses Wickliffe
At a county court began & held for Muhlenberg County at the courthouse in Greenville on Monday the 26th day of June 1843.
Present Moses Wickliffe
Strother Jones
I.J. Baker
John B. Smith came into court and relinquished his stockmark as now on record.
{fee paid} Presley W. Smith's stockmark, a crop & slit in each each and underbit in each each, being the same mark of John B. Smith & on his motion is ordered to be recorded.
Settlement with the administrator of David Lot deceased was again returned in to court & having laid over one term is ordered to be recorded.
Settlement with the executor of John McNary deceased was exhibited into court and ordered to lie over till next term.
A settlement with the admr. of O.H. Oates decd. was exhibited in to court & ordered to lie over until the next term.
A settlement with the admr. of Moses Smith deceased was exhibited in to court & ordered to lie over until the next term.
An indenture of apprentice between the clerk of this court & Peter H. Baker was exhibited in to court, acknowledged, approved of & ordered to be recorded.
A writ of ad quod damnum for the condemnation of a mill seat on Pond Creek granted to Samuel M. Ross with the inquest of the jury taken thereon was returned by the sheriff which being examined & approved of by the court, on motion of said Ross, it is ordered that the said mill seat be condemned & established as the law directs.
Inventory & appraisement of the estate of Thomas Davis deceased was returned in to court by the administrator thereof & ordered to be recorded.
On the motion of Edmund Batsel who made oath as the law directs certificate is granted him for obtaining letters of administration on the estate of Heary[?] Humphrey deceased who thereupon together with James Nall his security executed bond in the penalty of two hundred dollars conditioned as the law directs.
Ordered that James Nall, John F. Coffman, John Plain & Philip Bennet or any three of them first sworn be appointed appraisers to appraise in current money the personal estate of said decedant & that the admr. return an inventory thereof as the law directs.
Sale bill of the estate of Thomas David decd. returned & ordered to be recorded.
A writing purporting to be the last will & testament of John Miller deceased was exhibited in to court & proved to be the act & deed of said Miller by the oath of Jacob Rickard a subscribing witness thereto & the hand writing of said Miller was proved by the oaths of said Rickard & Sanders Eaves, which will is thereupon ordered to be recorded.
Whereupon William A. Eaves who was heretofore appointed Administrator of said decedant came into court & took the oath prescribed by law as Administrator with the will annexed & certificate of probate granted who together with B.E. Pittman & Sanders Eaves security executed bond in the penalty of $1000 conditioned as the law directs.
Ordered that Jacob Rickard, Amos Ray, Elijah Johnson & William Worthington or any three of them being first sworn appraise in current money the personal estate of John Miller deceased & that the Administrator return an inventory thereof as the law directs.
Present D.T. Short Esqr.
{fee paid} On the motion of James Nall who made oath as the law directs, the court appointed him guardian to James Nall & Mary Nall, orphans of Daniel K. Nall deceased, who thereupon together with Edmund Batsel his security executed bond in the penalty of $20 conditioned as the law directs. [Image]
Absent Moses Wickliffe
Present Jno. Campbell
Ephraim M. Ewing Plaintiff against William Smith's Admr. Defendant, on an appeal
This day came the parties aforesaid by their attorneys & thereupon the plaintiff by his attorney moved the court to dismiss this cause the note upon which suit was brought not being filed in the papers, which motion was overruled & judgment granted the defendant for his costs herein. It is therefore ordered that the defendant recover of the plaintiff the costs aforesaid & that he thereof have execution. Whereupon the plaintiff prayed an appeal to the court of appeals which is granted him upon entering in to bond in the clerks off within 30 days in the penalty of $100 with Robert D. McLean security.
In pursuance of an Act of Assembly passed 23d January 1843 authorizing Maurice Moore to build a dam & fish trap on Pond River, the said Moore came into court & together with Robert T. Moore his security executed bond in the penalty of one thousand dollars conditioned as the law directs.
On the motion of Thomas Cundiff and for reason appearing to the court, it is ordered that summons issue against Thompson B. Smith guardian of Lucy Ellen Stom, orphan of Henry Stom deceased, to show cause why he may not be removed as such. [Image]
Albert Mercer, orphan of Hosea Mercer deceased, came into court & being over fourteen years of age made choice of Samuel D. Chatham to whom to be bound until he arrives to the age of twenty one years to learn the art & trade of a cabinet maker, he the said Albert Mercer being sixteen years of age and that the said Chatham enter into an indenture with the clerk of this court conditioned as the law directs. [Image]
On the motion of Charles Bell, who made oath as the law directs, certificate is granted him for obtaining letters of Administration on the estate of William H. Moore deceased, who thereupon together with J.W. Vandiver & B.E. Pittman his security executed bond in the penalty of two hundred dollars conditioned as the law directs. Ordered that George W. Short, Jesse H. Reno, Miley Turner & Solomon Fuller or any three of them being first sworn appraise in current money the personal estate of the said decedant & that the Admr. return an inventory thereof as the law directs.
Absent I.J. Baker & Strother Jones
Ordered that Henson Houseman be appointed surveyor of that part of the road leading from Mrs. Oates's to Lewisberg that lies between the Madisonville Road & Bethel meeting house & that he with the following hands towit John Vincent, Elisha Hancock, Samuel Eades & hands, Nathan Eades, open & keep the same in repair 15 feet wide as the law directs.
Present Jno. Campbell
Ordered that Samuel Gossett be appointed as surveyor of that part of the public road lying between Bethel meeting house & the road leading from Madisonville to Lewisberg as the same leads to Lewisberg & that he with the following hands towit R.D. Reno, Thomas Kincheloe, John Durall & son and John Gossett, open & keep the same in repair 15 feet wide as the law directs.
On the motion of John J. Wells who made oath as the law directs, certificate is granted him for obtaining letters of Administration on the estate of Uriah Shurley deceased who thereupon together with Mosely P. Wells & George O. Prouse his security executed bond in the penalty of one thousand dollars conditioned as the law directs.
On the motion of Welsey M. Calvert, Administrator of Bennet G. Calvert deceased, who is desirous of releasing Thomas Irvin one of his former securities herein, it is ordered that the said Irvin be released from his securityship aforesaid upon said Administrator giving further or other security in place of said Irvin. Whereupon said Calvert together with Richard K. Calvert, Harrison B. Calvert & Sally A. Calvert his secruity, executed bond in the penalty of five thousand dollars conditioned as the law directs.
Ordered that the court be adjourned until court in course
Moses Wickliffe
The court again met June 26th 1843 being the same day & year aforesaid
At a county court began & held for Muhlenberg County at the courthouse in Greenville on Monday the 31st day of July 1843.
Present Moses Wickliffe, Strother Jones, Solomon Rhoads, I.J. Baker, J.W. Poag
The following settlements made with the commissioners of account were again presented to the court towit: A settlement made with the Administrator of Moses Smith deceased.
A settlement made with the Administrator of Oliver H. Oates deceased, and a settlement made with the Executor of John McNary deceased, which settlements having lain over one term as required by law & being again examined & approved of by the court were ordered to be recorded.
The following settlements made with the commissioners of account were presented to the court towit: a settlement made with the Administrator of Henry Stom deceased.>
A settlement made with the Administrator of David Durall deceased and a settlement made with the Executors of Jesse Oates deceased and the same being examined by the court are ordered to lie over until the next term.
On the motion of Jonathan N. Luce, who made oath as the law directs, certificate is granted him for obtaining letters of Administration on the estate of William Luce deceased, whereupon said Luce together with Isaac Luce, Joseph Dupoister [Depoyster], Jonathan Hunt & Isaac Wood his security, executed bond in the penalty of six thousand dollars conditioned as the law directs. Ordered that George W. Haden, Raney B. Haden, Thompson B. Smith & Solomon Rhoads or any three of them being first sworn appraise in current money the personal estate of & slaves of said decedant & that the Admr. return an inventory thereof as the law directs.
The Commonwealth, Plaintiff, against Thompson B. Smith, Defendant, on a summons as guardian
The Defendant not appear[ing] though solemnly called, it is considered by the court that the Defendant be removed from his guardianship of Lucy A. Stom, he having been appointed guardian to the said Lucy & others, orphans of Henry Stom deceased, at a former term of this court. [Image]
On the motion of Thomas F. Cundiff who made oath as the law directs certificate the court appointed him guardian to Lucy A. Stom, orphan of Henry Stom deceased, who thereupon together with Hugh D. Rothrock Timothy Humphrey & Jacob Stom his security executed bond in the penalty of $800 conditioned as the law directs. [Image]
Present Wm. Martin, Jno. Campbell, E.S. Baker, C. Tyler, R.S. Russell Esqrs.
The court proceeded to appoint clerks & judges to the election to be held for the county in August next towit, in the town of Greenville James W. Poag & Strother Jones are appointed judges & John M. Jones clerk. At Skilesville Solomon Rhoads & Moses Wickliffe are appointed judges & Jacob Rhoads clerk. At Rumsey Ephraim S. Baker & John Vickers Judges & William G. Jones clerk.
Inventory & sale bill of the estate of William H. Mooore deceased was exhibited in to court by the Administrator & ordered to be recorded.
{fee paid} The court (a majority being present & concuring therein) appointed Stephen Vick constable in the district in which he formerly acted who thereupon took the oaths prescribed by law & together with Lemon W. Vick, Joel Harper & B.B. Jarvis, Gillis Mercer and William Wright & Uriah[??] Moore his security, executed bond in the penalty of $2000 conditioned as the law directs.
On the motion of the Revd. Thos. H. Hunter, a regularly ordained minister in the Cumberland Presbyterian Church, license is granted him to celebrate the rites of matrimony agreeably to the rules & regulations of the church to which he belongs, who thereupon together with Ephraim S.…
…Baker his security, executed bond in the penalty & condition as the law directs.
Ordered that the clerk of this court bind to Richard Nall John B. Humphrey, orphan of John Humphrey, until he arrives to the age of twenty one years, the said John B. being nine eleven years old next January, to learn the art of farming & the trade of a cooper as the law directs with a further covenant to give the said John B. Humphrey one good horse, saddle & bridle and that the said Nall enter into an indenture with the clerk of this court as the law directs. [Image]
{copd.} Ordered that Samuel Rhoads, James Adcock, Thomas Salsbury & Abraham Dennis, or any three of them being first sworn, view the bridge across Pond Creek on the road leading to Skilesville & report its situation.
Ordered that Peter Shaver, John Vickers & Benjamin Coffman Sr. be appointed to view & examine the bridge across Cypress on the road leading from Greenville to Rumsey & report the situation thereof to the next court.
Ordered that James W. Poag, captain, G.C. Beck, Edmund Finch, S.S. Allen & A.H. Lovelace be & they are hereby appointed patrol in & for the town & neighborhood of Lewisberg & that they serve without compensation.
Legal notice thereof being given it is ordered that that part of the road leading from Lewisberg to Rumsey that lies between Lewisberg the Widow Stewart's farm & Joseph Noftsinger be & the same is hereby discontinued and thereupon on motion of Thomas Drake, it is ordered that Lewis Watkins, John Noftsinger, Joseph Noftsinger & Jacob Gossett, or any three of them being first sworn, view & mark out the best & most convenient way for a road to lead from said Joseph Noftsinger's to intersect the Carrollton Road at or near John Noftsinger's & make report thereof as the law directs.
On the motion of Bennet D. Bailey, it is ordered that Charles Morehead, Wesley G. Langley & John Ferguson, or any two of them being first sworn, lay of & set apart to Mrs. Milly Dozier, wife of John Dozier deceased, her dower in & to the estate of said decedant & make report thereof as the law directs. [Image]
The last will & testament of Miles Cary deceased was exhibited in to court & proved by the oaths of Alden Bass & Mosely P. Wells, subscribing witnesses thereto, to be the act & deed of said decedant.
On the motion of Lock A. Cary & F.L. Cary, executors named in the last will & testament of Miles Cary deceased, who made oath as the law directs, certificate is granted them for obtaining a probate thereon as the law direts. Whereupon said Lock A. Cary & F.L. Cary, together with Howard Duvall, Hines Johnson, Mosely P. Wells & George O. Prouse, their security, executed bond in the penalty of $5000 conditioned as the law directs. Ordered that Strother Jones, Micajah Wells, John J. Wells & James Utley, or any three of them being first worn, appraise in current money the personal estate & slaves if any of said decedant & that the executors return an inventory thereof as the law directs.
{fee paid} Permelia Cary, orphan of Miles Cary deceased, came into court & made choice of Francis L. Cary her guardian, who thereupon took the oath prescribed by law & together with George O. Prouse & Lock A. Cary, his security, executed bond in the penalty of $1000 conditioned as the law directs. [Image]
Ordered that William Morgan be appointed overseer of that part of the road leading from Greenville to Millport that lies between the Lewisberg Road & the mile[?] fields this side of Millport & that he with George Browning, William Browning, John D. Goodnight, Samuel Miller, David Morris & sons, open & keep the same in repair 15 feet wide as the law directs.
Ordered that the court be adjourned until court in course.
Strother Jones JP
At a county court began and held for Muhlenberg County at the courthouse in Greenville on Monday the 28th day of August 1843
Present William Martin
James W. Poag
Jno. Campbell
A settlement made with the executors of Henry Busby deceased was presented to the court & being examined is ordered to lie over till the next term.
A settlement made with the executrix of Jesse Oates deceased was again presented to the court and having laid over one term is ordered to be recorded.
A settlement made with the Admr. of Henry Stom deceased was again presented to the court & having laid over one term is ordered to be recorded.
A settlement made with the administrator of David Durall deceased was exhibited in to court & having laid over one term is ordered to be recorded.
Indenture of an apprentice between Charles F. Wing clerk & John Gossett Jr. was exhibited in to court and being examined & approved of is ordered to be recorded.
A title bond given by George Adams to Phantley Herndon was presented to the court & proved to be the act & deed of said Adams by the oath of Solomon Rhoades, a subscribing witness thereto, and the said Rhoades also proved the assignment thereon from said Herndon to Thomas Sumner, which bond is ordered to be recorded.
A title bond from Bryant Cockran to Phantley Herndon with an assignment thereon from the said Hendron to Thomas Sumner, was exhibited in to court by the said Sumner & the said bond & assignment proved to be the act & deed of said Cockran and Hendron by the oath of Solomon Rhoads, a subscribing witness thereto, which is thereupon ordered to be recorded.
Present R.S. Russell Esqr.
Inventory and appraisement of the estate of Daniel K. Nall deceased was exhibited in to court by the Administrator & ordered to be recorded.
A sale bill of the state of Daniel K. Nall deceased was returned in to court by the Admr. & ordered to be recorded.
The persons appointed for the purpose of examining the bridge across Pond Creek on the road leading from Greenville to Morgantown was made their report which was received by the court & the further proceedings continued until the next court.
The last will and testament of Thomas Tetterton deceased was exhibited in to court and the it appearing to the satisfaction of the court that the witnesses thereto are no inhabitants of this Commonwealth, on the motion of Joshua Tetterton, one of the executors named in said will, it is ordered that a commission issue annexed to said will directed to any judge, notary public, mayor or chief magistrate of the county of Macoupin Illinois for the purpose of taking the deposition of Isaac B. Johnston, a subscribing witness to said will, and that he also state whether he saw Robertus Ewing, the other witness, subscribe his name thereto, and that he believes it to be the hand writing of said Ewing. [Image]
An inventory of the state of Uriah Shurley deceased was exhibited in to court by the Administrator thereof & ordered to be recorded.
Ordered that the court be adjounred until court in course
Wm. Martin JP
At a county court began & held for Muhlenberg County at the courthouse in Greenville on Monday the 30th day of October 1843
Present Solomon Rhoads
Strother Jones
John Bland Esqr.
I.J. Baker
Inventory & appraisement of the estate of Miles Carey deceased was exhibited in to court by the executors & ordered to be recorded. Also the sale bill of the same which is ordered to be recorded.
The last will and testament of Thomas Tetterton deceased was exhibited into court, which together with the deposition of Jacob B. Johnson thereto annexed is admitted to record.
On the motion of Joshua[?] T. Morton, one of the executors named in the last will & testament of Thomas Tetterton deceased, who made oath as the law directs (the widow refusing to qualify), certificate is granted him for obtaining a probate thereon as the law directs. Whereupon said Joshua[?] Tetterton together with John Shutt and William W. Hancock, his security, executed bond in the penalty of $1000 conditioned as the law directs.
The last will and testament of James H. Lindlsy deceased was exhibited in to court & proven by the oaths of Elisha Baker & Rufus Linthicum, subscribing witnesses thereto, & ordered to be recorded.
{copd.} Ordered that Strother Jones, John Jenkins, Henry Myers & Henry[?] Jenkins, or any three of them being first sworn, be appointed appraisers or the estate of Thomas Tetterton deceased and that the Administra [sic] Executor return an inventory thereof.
Joseph Jones, Appellant, against Samuel Fleming, Appellee, on an appeal
Dismissed
Ordered that William Grundy, Felix Nall, Frank Kirtley, William Gregory & John Kttinger, or any three of them being first sworn, view & mark out an alteration of that part of the road leading from Millport to James Nicholls where the same crosses the Cypress Lake & make report thereof.
On the motion of David Evans, as above, ordered that James Wilkins, Lewis Wiggins, Andrew Kittinger, Daniel Plain, Benjamin Coffman, or any three of them, be appointed commissioners to view & mark out an alteration of that part of the road leading from the west end of the Carrollton Bridge to Rumsey by the way of Daniel Plains & that they make report thereof as the law directs.
On the motion of James Scott, ordered that Peter Shaver, Jacob Jago, David Evans & Valentine Whitmer, or any three of them being first sworn, view & mark out an alteration of that part of the road leading from Millport to James Nicholls as the same passes the farm of said Scott & that they make report as the law directs.
Present Wm. Martin Esqr.
Ordered that, on the motion of Daniel Lindsley, the executor named in the last will & testament of James H. Lindsley deceased, who made oath as the law directs, certificate is granted him for obtaining a probate thereon in due form of law. Whereupon said Daniel Lindsley together with Rufus Linthicum & Frances Kirtley, his security, executed their bond in the penalty of $2000 dollars [sic] conditioned as the law directs. Ordered that Ezekiel Fleming, Rueben Stroud, John F. Coffman & Rufus Linthicum, or any three of them being first sworn, appraise in current money the personal estate of J.H. Lindsley deceased & make report thereof as the law directs.
Present R.S. Russell
The Executors appointed divide the lands of John Gish deceased, exhibited their report which being examined and approved of by the court is ordered to be recorded.
Present Charles Tyler
James W. Poag
Moses Wickliffe
The persons appointed for that purpose, reported that they had viewed & examined the bridge across Cypress called Vickers Bridge which report was received by the court.
A majority of all the justices in commission being present and concurring therein, appointed John Vickers, Peter Shaver, Alonzo Livermore & Ezekiel Fleming
Ordered that Jesse Bates be appointed overseer of that part of the road leading from Greenville to Rumsey whereof Jesse Ross was overseer & that he with the hands formerly allotted open & keep the same in repair 30 feet wide as the law directs.
Orderd that Samuel Rhoads, Samuel Ross, Abraham Dennis & Charles Bell be & they are hereby appointed commissioners to draft a plan & let the building of a bridge across Pond Creek at Samuel Ross's mill, but it is further ordered that said commissioners are not to let the same for a greater sum than $200 but that they let the same to the lowest bidder.
The persons appointed for that purpose reported that they had viewed & marked out an alteration of that part of the road leading from Millport to James Nicholls which was received by the court.
On the motion of Gusten Ellis & it is ordered that he be released from one county levy for the year 1843 which is ordered to be certified.
On the motion of Benjamin J. Shaver (the widow of the decedant by her writing refusing to qualify) who made oath as the law directs, certificate is granted him for obtaining letters of Administration on the estate of Jacob Bowers deceased. Whereupon said Shaver together with Peter Shaver & David Evans, his security, executed bond in the sum of four hundred dollars, conditioned as the law directs. Ordered that Jacob F. Garst, Jacob Crumpacker, Peter Shaver & Isaac Miller, or any three of them being first sworn, appraise in current money the personal estate of said Jacob Bowers & that the Administrator return an inventory thereof.
On the motion of William Worthington, Jacob Rickard, Elijah Johnson and James F. Moore be appointed appraisers of the estate of John Miller deceased & that they or any three of them being first sworn appraise in current money the personal estate of said decedant and that the Administrator return an inventory thereof.
A majority of all the justices in commission of the peace being present & concurring thereon, on motion of Lawson R. Reno, who made oath as the law directs, license is granted him to keep a tavern at his house in the town of Greenville. Whereupon said Reno together with Charles W. Murphy, John Row & William C. McNary, his security, executed bond in the penalty & condition as the law directs.
{fee paid $1000} On the motion of Charles Bell (a majority being present & concurring therein), who made oath as the law directs, license is granted him to keep a tavern at his house in Greenville, who thereupon together with Hugh D. Rothrock & B.E. Pittman, his security, executed bond in the penalty and condition as the law directs.
On the motion of Gasham Davis, who made oath as the law directs, license is granted him to keep a ferry on to across Mud River, he being the owner of the land on both sides of said river. Whereupon said Davis together with James F. Ward & Isaac Newman, his security, executed bond in the penalty & conditioned as the law directs.
Ordered that William D. Lindsey be appointed surveyor of that part of the public road leading from Greenville to Madisonville whereof Jesse H. Reno was surveyor, and that he with the hands formerly allotted said Reno, open & keep the same in repair thirty feet wide as the law directs.
The persons appointed for that purpose reported that they had viewed & marked out a way for a road to lead from Millport on Pond River to James Nicholls as the same passes the farm of James Scott which report was received by the court.
Alney McLean, the present surveyor of Muhlenberg County, having resigned his commission as such, the court, a majority being present & concurring therein, do recommend to his Excellency the Governor, Ephraim M. Brank & Peter Shaver as proper persons one of whom to be commissioned as surveyor of said county.
A settlement made with the executor of Henry Busby deceased was exhibited in to court and the same having laid over for one term, the August term last, it is ordered that the said settlement be entered of record.
Inventory & appraisement of the estate of Mary Humphrey deceased was exhibited in to court by the Administrator thereof, which being examined & approved of by the court is ordered to be recorded.
A sale bill of the estate of Mary Humphrey deceased was returned to court by the Administrator thereof, which sale bill being examined by the court and approved of is ordered to be recorded.
Ordered that William J.W. Rice be and he is hereby appointed overseer of that part of the public highway leading from Greenville to Elkton whereof James F. Hancock was the former surveyor, and that the precinct be so altered as to run from Greenville to William Lee's including him, thence to Stephen Wright's…
…so as to include him, thence down Pond Creek to the mouth of Beech Creek, thence to the Beginning, including within the bounds of said precinct Uriah Clevinger, James H. Wright, William Terry, C.G. Rice, William J.W. Rice and Presley Whitaker, and that the said overseer with the hands aforesaid open & keep the same in repair thirty feet wide as the law directs.
Ordered that the following hands in addition to the hands heretofore allotted Simeon Roark do assist him to keep his part of the road of which he is surveyor in repair towit Charles Lott, Barnet Stewart and hands, thence to William Bethel's including him, thence to Isaac Groves including him thence to Ezekiel Tyson's including him & hands, thence to Alexander Stewart's including him thence to John Curtis's including him, and that the above named hands be exempt from working on any of the roads to which they may have been heretofore allotted.
Ordered that James Vincent be appointed surveyor of the road leading from Greenville to Millport whereof Thomas Vincent was formerly surveyor & that he with the hands formerly allotted said Thomas Vincent open and keep the same in repair 15 feet wide as the law directs.
Ordered that the court be adjourned until court in course.
Chas. Tyler JP
At a county court began & held for Muhlenberg County at the courthouse in Greenville on Monday the 27th day of November 1843.
Present Moses Wickliffe
Wm. M. Moore
E.S. Baker
I.J. Baker
Charles F. Wing, clerk of the Muhlenberg County Court, exhibited his account with the Commonwealth amounting to one hundred & thirty two dollars 58 cents, which being sworn to, examined and allowed is ordered to be certified to the auditor of public accounts.
Charles F. Wing, clerk of the Muhlenberg County Court, exhibited his account with the Commonwealth ammounting in the aggregate to one hundred & eleven dollars 14 cents, which being sworn to, examined & allowed is ordered to be certificed to the auditor of public accounts.
Present John Campbell
Strother Jones Esqrs.
Inventory & appraisement of the estate of James H. Lindsley deceased was exhibited in to court which being examined & approved of is ordered to be recorded.
Prest. R.S. Russell Esqr.
The last will and testament of Robert Robertson deceased was exhibited in to court & proved to be the act & deed of said Robertson by the oaths of Charles F. Wing and William H.C. Wing, subscribing witnesses therto, & ordered to be recorded, and thereupon William W. Hancock, the executor named in said last will & testament, having made oath as the law directs, certificate is granted him for obtaining a probate thereon, whereupon said Hancock together with Abraham Dennis, Jackson Robert & John Robertson, his security, executed bond in the penalty of $2000 conditioned as the law directs. Ordered that G.D. Craig, Strother Jones, William Bell Sr. & Thomas Terry, or any three of them being first sworn, appraise in current money the personal estate & slaves of said decedant & make report thereof as the law directs.
{fee paid $1627} On the motion of Margaret B. Lucas, widow & relict of Parker Lucas deceased, who made oath as the law directs, certificate is granted her for obtaining letters of Administration on the estate of said decedant, who thereupon together with Henry W. Jernigan, security, executed bond in the penalty of $500 conditioned as the law directs. Ordered that Wiley Hay, Henry Rhoads, Moses Wickliffe & Thomas Jernigan appraise in current money the personal estate of said Parker Lucas deceased & make report thereof as the law directs. [Image]
On the motion of Gilbert C. Vaught, who made oath as the law directs, certificate is granted him for obtaining letters of Administrator on the estate of Mathew Ham deceased, who thereupon together with Jacob Ham, Philip Yonts & Hugh D. Rothrock, his security, executed bond in the penalty of $4000 conditioned as the law directs. Ordered that Moses Wickliffe, Francis Kimley, B.S. Young & Richard Jones, or any three of them, appraise in current money the personal estate of said decedant & make report thereof as the law directs.
Ephraim M. Brank produced a commission from his Excellency the Governor appointing him surveyor of Muhlenberg County who thereupon took the several oaths prescribed by law together with the oath against dueling, which said commission bears date the 11th day of November 1843.
On the motion of Benjamin S. Young, ordered that that [sic] E.J. Wilson, Peter Jones, Jesse Moore & Elias Davis, or any three, view & mark out an alteration of that part of Culbertsons Road as it passes the farm of said Young & make report thereof as the law directs.
Present Wm. Martin
John Bland
David T. Short
& Charles Tyler
Ordered that the undertake of the bridge across Cypress on the road leading from Greenville to Rumsey called Vickers Bridge, be allowed the further sum of one hundred & seventy two dollars in addition to the sum appropriated at the last court for the building of said bridge as let by commissioners appointed for that purpose to be paid out of a future levy.
A majority of all the justices in commission of the peace being present & concurring therein, proceeded to lay the county levy for the year 1843 towit.
The County made debtor
To Charles F. Wing clerk to this court for his exofficio services from November 1842 to November 1843 } $40.00
To the undertaker of the bridge across Cypress at or near Vickers old bridge yet to be built } 500.00
To the undertaker of the bridge to be built across Pond Creek at Boggess's mill } 200.00
To H.W. McNary for the use of his team on public road } 2.00
To William Tuder for sign board & work on road } 1.25
To John Vickers as judge to election at Rumsey 1843 } 3.00
To Tempa[?] Cary for work on public road } 1.00
To Jacob Rhoads clerk to election 1843 } 3.00
To Samuel Rhoads acting Shff. as pr. act } 4.00
To James F. Hancock for sign board &c. } 1.00
To Moses Wickliffe judge to election Skilesville } 3.00
To Solomon Rhoads as judge to election same place } 3.00
To E.S. Baker as judge to election at Rumsey } 3.00
To Benjamin Jernigan for work on public road } 1.00
To Elias Kirtley for work on public road } 4.00
To Eli Fortney & James Pate for making coffin for N. Miles a pauper } 5.00
To Anslem L. Bell work on public road with team } 2.00
To William C. Eades for sign boards } 1.00
To Wm. G. Jones clerk to election at Rumsey 1843 } 3.00
To John M. Jones [clerk to election] at Greenville } 3.00
To Strother Jones as judge to election Greenville 1843 } 3.00
To James Taggart late sheriff for exoff services six months } 20.00
To Silas Taylor for work on public road } 1.00
To George W. Eaves deputy sheriff for attending election & comparing polls one day } 4.00
To Thomas Summers for sign boards & work done on public road } 3.50
To Isaac Ingram for work done on public road } 2.00
To William A. Eaves deputy sheriff for attending election & one day comparing polls } 4.00
To Charles Metzker for work on public road } 4.00
To Richard Guynn jailor as per account rendered } 25.00
[This page total] - $849.75
Amount brought over } $849.75
To James F. Hancock } [blank]
To William Bell Sr. for work on public road } 3.00
To B.D. Bailey sheriff for exoffcio services 6 months } 20.00
To William Bell Sr. coroner as per account rendered } 8.64
To William B. Lawton for making Mrs. Vandiver's coffin } 5.00
To Jacob Rickart for the benefit of Gracy Vandiver a poor person at the rate of $4 per month } 48.00
To Thomas Welborn for work on public road cutting rock } 4.00
To Samuel T. Davenport for keeping Wm. Smith a poor person a portion of last year } 12.00
To Wm. Smith & wife poor persons to be placed in the hands of John Jenkins at the rate of $8 per month } 96.00
To Luraney Jones a poor person to be placed in the hands of Joseph Adcock } 30.00
To Mrs. Julia Edwards for the maintenance of her blind daughter } 30.00
To Mrs. Gainer a poor person to be placed in the hands of Simeon Bates at the rate of $2.50 per month } 30.00
To Polly Hollomon a poor person to be placed in the hands of John Bland } 10.00
[Subtotal] - $1146.39
Depositum - 135.21
Sheriff commission - 77.40
[Total] - $1359.00
By 1800 tithes at 68¾ cents per tithe - $1359.00
[Image]
Ordered that the sheriff of this county so soon as he gives bond & security, collect from each person subject to pay county levy sixty eight & ¾ cents and pay the county creditors, & the balance retain in his hands subject to the order of this court.
William A. Eaves & George W. Eaves deupty sheriff for B.D. Bailey sheriff, exhibited in to court their delinquent lists for the yeaer 1843, which lists being sworn to, examined & allowed by the court are ordered to be certified to the auditor of public accounts.
Ordered that the sum of twenty dollars allowed last year for keeping Mrs. Vandiver a poor person & which was never collected be paid to Charles Vandiver for keeping Gracy Vandiver for keeping the last six months, she being a poor person & subject to fits. [Image]
Ordered that the balance of the money now in the hands of James Taggart appropriated last year for the benefit of William Smith a poor person be paid over to Samuel T. Davenport for keeping said Smith. [Image]
Ordered that James Taggart be appointed to sell and dispose of the horses & other property belonging to William Smith a poor person, that he sell on a credit of twelve months taking bond & security payable to the county court of Muhlenberg. [Image]
{copd.} Ordered that Burris E. Pittman county attorney be allowed the sum of one hundred & twenty dollars for his services this year as such, and it is further ordered that James Taggart former sheriff pay the same out of the county levy collected by him for the year 1840 collectable in 1841.
1st [sic] The court proceeded to lay off the county into Constables Districts as follows towit:
1st District, Beginning at Greenville thence with the Hopkinsville Road to the bridge on Pond River thence up Pond River to the Todd line thence said line to where it crosses the Elkton & Greenville Road thence to the Beginning.
2nd District Beginning at Greenville, thence with the Elkton Road to the Todd County line passing Waggoners mill, thence wi,th the Todd line to Mud River & down the same to Davis's ferry, thence with the Bowling Green Road until it intersects the Russellville Road, thence with the Russellville Road to Greenville including the house where Robert Bell formerly lived in the 2nd district.
3rd District, Commencing at Greenville, thence to Davis's ferry, running with the Russellville and Bowling Green Roads, leaving out Bell's old famr to said ferry of Davis on Mud River, thence down Mud River to Skilesville, thence with the road by Solomon Rhoads Esqr. to Greenville.
4th District, Commencing at Greenville, then with the road to Skilesville thence down Green River to Lewisberg, thence with the Lewisberg Road to Greenville.
5th District, Commencing at Greenville, thence to Lewisberg thence down Green River to the mouth of the Thoroughfare branch, thence with said branch to Kittingers Bridge on Cypress, thence with the Millport Road to the crossroads near James H. Scotts, thence with the Greenville & Rumsey Roads to Greenville.
6th District, Commencing at Greenville thence with the Rumsey Road leading fro to the crossroads near James H. Scotts, thence to Millport, thence up Pond River to McNarys ferry, thence with the Madisonville Road to Greenville.
8th District, Commencing at Greenville thence to Clarks ferry thence up Pond River to the Hopkinsville Bridge, thence with the Hopkinsville Road to Greenville.
9th District, Commencing at the mouth of the Thoroughfare branch, thence down Green River to within one mile of Rumsey, thence across to the Greenville Road intersecting the same one mile from Rumsey, thence to the crossroads near James H. Scotts, thence to Kittingers Bridge, thence with the Thoroughfare branch to Green River.
10th District, Commencing at the crossroads thence to Vickers Bridge on Cypress, thence down Cypress to Pond River, thence up Pond River to Millport thence to the crossroads near Scotts.
11th - 12th Districts, In the town of Rumsey.
13th - 14th Districts, In the town of Greenville.
The above districts all bounded by roads & water courses is believed to be the best that can be arranged in the county, all of which is respectfully reported.
B.E. Pittman
cty. atty.
Which report was thereupon ordered to be recorded.
[Note: No 7th District was listed.]
The court appointed John M. Jones constable in the 1st District, who thereupon took the several oaths prescribed by law and together with John Jenkins, Samuel Grace & James B. Hancock, his security, executed bond in the penalty & condition as the law directs.
The court elected Thomas S. Kirtley constable in the 3rd District, who took the oaths prescribed by law and together with Elias V. Kirtley, Raney B. Haden & Daniel Williams, his security, executed bond in the penalty & condition as the law directs.
The court elected Benjamin J. Shaver constable in the 10th District who thereupon took the oaths prescribed by law and together with David Evans, Sanders Eaves & Russell McBery, his security, executed bond in the penalty & condition as the law directs.
The persons appointed for that purpose reported that they had viewed & marked out an alteration of that part of the road leading from Greenville to Clarks ferry as the same passes the farm of Mathew Oates, which report was received & the alteration established upon condition that said Oates open the same.
On the motion of Norflett B. Shurley, who made oath as the law directs, and satisfactory proof being made to the court that John J. Wells the former Administrator had surrendered his letters of Administration, certificate is granted said Shurley for obtaining letters of Administration on the estate of Uriah Shurley deceased, who thereupon together with Howard Duvall & John Duvall, his security, executed bond in the penalty of $1200 conditioned as the law directs.
Ordered that the court be adjourned until court in course.
John Campbell JP
At a county court began & held for Muhlenberg County at the courthouse in Greenville on Monday the 25th day of December 1843.
Present
John Campbell
Moses Wickliffe
R.S. Russell
{pd.} A settlement made with the Admr. of Jacob Newman deceased was exhibited in to court & being examined is ordered to lie over until the next court.
{pd.} A settlement made with Admr. of John J. Wells Uriah Shurley [sic] was returned in to court & ordered to lie over till next term.
A settlement made with the Admr. of Feldred Hollomon decd. which being examined by the court is ordered to lie over till the next court.
A settlement made with David Oates, guardian for the heirs of Lemuel Boggess decd., was returned in to court and ordered to lie over till next term. Also a settlement with the same as guardian for Lemuel, Charles H., Richard, Presley & Elizabeth Boggess, orphans of Lemuel Boggess decd. a separate settlement with each, was returned in to court & ordered to lie over until the next term.
Inventory & appraisement of the estate of Elizabeth Welborn deceased was returned in to court & ordered to be recorded.
Sale bill of same returned & ordered to be recorded.
Inventory & appraisement of the estate of Robert Robinson [Robertson] deceased was returned in to court by the executor & ordered to be recorded.
Ordered that Thomas Salsbury be authorized & directed to remove the drift collected above or against the bridge across Pond Creek on the road leading to Russellville and that he remove any & all the drift that may so collect between this time & the next November court. [Image]
Inventory of the hire of the negroes of Lemuel Boggess deceased was returned & ordered to be recorded.
Inventory & appraisement of the estate of Jacob Bowers deceased was returned in to court by the Admr. & ordered to be recorded.
A sale bill of the same was returned in to court and ordered to be recorded.
Inventory & appraisement of the estate of Thomas Tetterton deceased was returned in to court and ordered to be recorded.
It appearing to the satisfaction of the court that William W. Hancock, commissioner of the tax heretofore appointed by the court, is permitted to draw from the Treasury fourteen dollars 61 cents, the 20 percent retained at the May term of this court, which is ordered to be certificated to the 2nd[?] auditor of public accounts.
{copd.} Ordered that the tavern rates for Muhlenberg County be fixed & established as follows towit:
For all kinds of Spirits six & a quarter cents per drink and that the rates remain as to other[?] things as heretofore established by the court. [Image]
{cpd.} Ordered that B.E. Pittman Esqr. be authorized and directed to have made a suitable box for the use of the sheriff of Muhlenberg County in some convenient place in the courthouse of said county, and that said Pittman procure or have made a convenient Ordered that suitable & well cushioned seat for the use & benefit of the judge of the Muhlenberg Circuit Court and that said box & seat be procured & ready by the next March term of said circuit court.
Ordered that the clerk of this court copy the two last Delinquet lists returned by the sheriff of this county & that he take the sheriffs receipt therefor.
Ordered th [sic]
Ordered that the court be adjourned until court in course
Moses Wickliffe.
Updated January 30, 2020