Muhlenberg County Kentucky
County Court Records
County Court Orders 1845
Muhlenberg County Court Order Book 5, Page 136 - January Term 1845
At a county court began & held for Muhlenberg County at the courthouse in Greenville on Monday the 27th day of January 1845. Present John Campbell, S.M. Wilkins, & E.S. Baker, Strother Jones, M. Wickliffe.
John Shelton stockmark, a smooth crop off the left & a swallow in the right ear on his motion is ordered to be recorded.
On the motion of James T. Quisenberry, the court doth appoint him guardian to Catharine Quisenberry & Edwin E. Quisenberry, his children, both being under the age of fourteen years, they being the children of said Quisenberry by his former wife Jane Quisenberry who was one of the children & heirs of James Garnett, late of Christian County Ky. deceased, who thereupon took the oath prescribed by law & together with Thomas J. Anthony, Adlai Boyd & Robert J. Cessna, his security, executed bond in the penalty of $3600 conditioned as the law directs. [Image]
Ordered that Jacob Vick be appointed surveyor of that part of the road leading from Zilpha Oates to Lewisberg that lies between said Oates's & the Madisonville Road whereof Henry Williams was surveyor, & that he with the hands formerly allotted said Williams open & keep the same in repair 15 feet wides as the law directs.
A settlement made with Thos. F. Cundiff, guardian to L.E. Stom, was exhibited to the court & exceptions being taken the same is referred back to the commissioners. [Image]
Same with John Redman was exhibited in to court & ordered to lie over till next term.
Present Charles Tyler Esqr., Wm. Martin, J.W. Poag
Muhlenberg County Court Order Book 5, Page 137 - January Term 1845
Isaac Bodine, Plaintiff, against Roughley Sullivan, guardian for Charles Bodine, Defendant, on a summons
This day came the parties aforesaid and on motion of the plaintiff by his attorney, it is ordered that the clerk of this court bind to said Isaac Bodine Charles Bodine, orphan of Cornelius Bodine deceased, & that he enter in to an indenture for that purpose the said Charles Bodine being now eleven years of age. [Image]
Absent J.W. Poag, Moses Wickliffe & Wm. Martin
The last will and testament of John Culbertson deceased was again exhibited in to court, and after hearing the testimony and the arguments of counsel on each side, it is ordered that the said writing shall not be admitted to record, the court being equally divided, from which decision Charlot & the other slaves named in a former order of last term prayed an appeal to the circuit court, which is granted them upon their executing bond in the clerk&39;s office with John H. McHenry, security, in the sum of $100 by agreement of the parties. [Image]
The court (a majority) proceeded to form a new constables district in this county within the following bounds towit
Beginning at Lewisberg & running with the Greenville Road to Carters old place, thence a straight line to Smalls Bridge on Pond Creek, thence down said creek to the mouth, thence down Green River to Lewisberg including Lewisberg being District No. 15.
The court appointed John Baxter constable in the District No. 15 as above, who thereupon took the oath prescribed by law and together with George W. Short and William C. McNary, his security, executed bond in the [penalty] & condition as the law directs.
Muhlenberg County Court Order Book 5, Page 138 - January Term 1845
Inventory & appraisement of the estate of Nancy Reynolds decd. was exhibited in to court by J.C. Reynolds the Executor therein named & ordered to be recorded.
Henry Myers produced a commission from his Excellency the Governor of the Commonwealth of Kentucky bearing date the 6th day of December 1844 appointing him a Justice of the Peace in & for Muhlenberg County under an Act of Assembly passed the 17th Jany. 1844 & also a certificate of his having taken the oaths prescribed by law.
A sale bill of the estate of Ziba Campfield decd. was exhibited in to court by the Admr. & ordered to be recorded.
An inventory of the estate of Ziba Campfield deceased was exhibited in to court by the Admr. & ordered to be recorded.
A writing purporting to be a deed of emancipation from the heirs of John Johnson deceased to George, a man of color, was acknowledged by the parties in court and ordered to be recorded. Thereupon the said heirs together with Daniel Plain, their security, executed bond in the penalty of $300.00 conditioned as the law directs. [Image]
On the motion of James E. Coleman, it is ordered that Lewis Watkins, Theophilus Watkins, Jesse Miller & Timothy Umphrey, or any three of them being first sworn, view & mark out an alteration of that part of the road leading from Lewisberg to Madisonville as the same passes the farm of said Coleman & make report.
Charles Tyler Esqr. produced a commission from his Excellency the Governor appointing him Sheriff of Muhlenberg County bearing date the sixth day of December 1844, who thereupon…
Muhlenberg County Court Order Book 5, Page 139 - January Term 1845
…together with John S. Eaves Sr., Sanders Eaves, John S. Eaves Jr., William A. Eaves & George Eaves, his security, executed bond for the collection of the revenue for the year 1845 in the penalty of ten thousand dollars conditioned as the law directs.
The court appointed Charles Tyler collector of the county levy of this county levied in 1844 & collectable in 1845, who thereupon together with John S. Eaves Sr., Sanders Eaves, John S. Eaves Jr., William A. Eaves and George W. Eaves, his security, executed bond in the penalty of $3000.00 conditioned as the law directs.
Ordered that the court be adjourned until tomorrow morning at 10 o'clock.
John Campbell JP
Tuesday the 28th day of January 1845
The court met according to adjournment
Present John Campbell, Moses Wickliffe, R.S. Russell
A settlement made with the paymaster of the 40th Regiment & 17th Brigade of Kentucky Militia was exhibited in to court & being examined by the court is ordered to be recorded.
Muhlenberg County Court Order Book 5, Page 140 - January Term 1845
The Commonwealth, Plaintiff, against William Kittinger's Exors., Defendant, on a summons
Continued pls.
The Same, Plaintiff, against, Samuel J. Grable, Defendant, on a summons
Continued
An instrument of writing purporting to be the last will of Sikes Garris deceased was exhibited in to court & proved to be the last will & the act & deed of said Sikes Garris decd. by the oaths of Charles F. Wing & William H.C. Wing, two of the subscribing witnesses thereto, which is thereupon ordered to be recorded.
On the motion of James R. Stanley who made oath as the law directs, certificate is granted him for obtaining letters of Administration on the estate of Sikes Garris deceased, who thereupon together with James Garris & Isaac Stanley, his security, executed bond in the penalty of three hundred and fifty dollars conditioned as the law directs.
Ordered that David Oates, Richard B. Earle, Maurice Moore & Beverly Coleman, or any three of them being first sworn, appraise in current money the personal estate of Sikes Garris deceased and that the Administrator return an inventory thereof as the law directs.
On the motion of Mary Garris, widow & relict of Sikes Garris decd., by her agent Stephen Harris, moved the court to appoint commissioners to set apart to her her dower in & to the landed estate of said decedent whereof he died possessed, which motion was objected to by the counsel for the heirs, who moved a continuance of said motion till the next court. It is therefore ordered that said motion be continued until the next court. [Image]
Muhlenberg County Court Order Book 5, Page 141 - January Term 1845
Presley W. Smith, Plaintiff, against Thomas Newman, Defendant, on an appeal
On motion of the plaintiff, it is ordered that this suit be continued until the next court at the costs of the said plaintiff.
Samuel D. Chatham, Plaintiff, against William Robinson, Defendant, on a notice
Continued
Welbourn, Plaintiff, against Benjamin Linton, Defendant, on an appeal
Continued
Grandison Catlett, Plaintiff, against, Samuel Rhoads Jr., Defendant, on an appeal
Ordered that this suit be continued & that an alias summons be awarded herein against the said defendant.
Thomas Girvin, Plaintiff, against Stephen Watkins, Defendant, on a summons
Ordered that this suit be continued until the next court, and that an alias summons be awarded against the defendant returnable here at the next term.
The Commonwealth, Plaintiff, against William Wells, Defendant, on a summons
Continued
The Same [sic]
Jacob Stom, Plaintiff, Plaintiff, against Thomas F. Cundiff, Defendant, on a summons
Continued
Ordered that the court be adjourned until court in course
John Campbell JP
Muhlenberg County Court Order Book 5, Page 142 - February Term 1845
{Fees chd. to here} At a county court began and held for Muhlenberg County at the courthouse in Greenville on Monday the 24th day of February 1845
Present Wm. Martin, Moses Wickliffe, D.T. Short & Henry Myers
Indenture of apprectice between the clerk of this court & Charles Isaac [sic] Bodine was exhibited in to court & being examined and approved of is ordered to be recorded.
A settlement with the paymaster of the 40th Regiment & 17th Brigade of Kentucky Militia was exhibited in to court and being examined & approved is ordered to be recorded.
Absent Moses Wickliffe Esqr.
Present I.J. Baker, Solomon Rhoads and John Campbell Esqrs.
A settlement made with the Admr. of Benjamin C. Dillingham was exhibited in to court & being examined is ordered to lie over till next term.
A settlement made with the Admr. of Charles Redman deceased was exhibited in to court & having laid over one term is ordered to be recorded.
The persons appointed for that purpose reported that they had viewed & marked out an alteration of that part of the road leading from Lewisberg to Madisonville as it passes the farm of James E. Coleman which report was received & said alteration is established upon condition that said Coleman open said road as the law directs at his own proper costs.
{fee paid} On the motion of Abner Wood who made oath as the law directs & who produced a certificate of his being in regular communion with the United Brethren, a branch of the Moravian Church, License is granted him to celebrate the rites of matrimony in this Commonwealth agreeably to the regulations of the church to which he belongs, who thereupon together with Hillery Newton, his security, executed bond… [Image]
Muhlenberg County Court Order Book 5, Page 143 - February Term 1845
…in the penalty of £100 conditioned as the law directs. [Image]
Present Sameul M. Wilkins
Henry Myers
Commonwealth, Plaintiff, against, Thomas F. Cundiff, Guardian of Lucy A. Stom, Defendant, on a summons
The defendant appeared in his own proper person & on his motion it is ordered that this suit be continued until the next court at the costs of said defendant. [Image]
The last will and testament of Jacob S. Baker deceased was exhibited in to court and proved by the oath of Charles F. Wing, one of the subscribign witnesses thereto, & ordered to be certified.
On the motion of Joshua Tetterton (the widow of the decedent relinquishing her right) who made oath as the law directs, certificate is granted him for obtaining letters of Administration on the estate of Daniel Cox deceased, whereupon said Tetterton together with Thomas L. Martin & Edmund Drake, his security, executed bond in the penalty of twelve hundred dollars conditioned as the law directs.
On the motion of Henry H. Welbourn, the court appointed Thomas Welbourn, Garland D. Craig, Andrew Craig, & Robert Welbourn, or any three of them being first sworn, view & mark out the best & most convenient way for a road to lead from Skilesville on Green River to the Todd County line in a direction to Elkton & make report thereof as the law directs.
Ordered that Henry Myers, Silas Drake, Abraham Low & John Jenkins, or any three of them being first sworn, appraise in current money the personal estate of Daniel Cox deceased & that the Administrator return an inventory thereof as the law directs.
A majority of the justices, R.S. Russell sick but consenting thereto, appointed James Irvin constable in the district in which he formerly acted, who thereupon took the oath prescribed by law and together with… [Image]
Muhlenberg County Court Order Book 5, Page 144 - February Term 1845
…Thomas Girvin, Bayles E. Oates & Samuel Eades, his security, executed bond in the penalty & condition as the law directs. [Image]
An inventory & appraisement of the estate of Benjamin C. Dillingham deceased was exhibited in to court by the Administrator & ordered to be recorded. A sale bill of the estate of said decedent was also returned & ordered to be recorded.
The Commonwealth, Plaintiff, against William Kincheloe & Samuel Ferguson, Exors. of Wm. Kittinger decd., Defendants, on a summons
Ordered that this suit be dismissed at the costs of the defendants.
The Same, Plaintiff, against Samuel J. Grable, Defendant, on a summons
Ordered that a pleuries summons be awarded herein against the defendant returnable here at the next court to which time this case is continued.
Absent all but Jno. Campbell, Henry Myers & William Martin Esqrs.
On the motion of Mary Garris by her ag widow & relict of Sikes Garris deceased by her agent Stephen Harris, it is ordered that Gillis Mercer, Bayles E. Oates, Isaac Wood & Isaac Malone, or any three of them being first sworn, lay off & set apart to said Mary her dower in and to the estate of said decedent & make report thereof as the law directs. And thereupon the heirs of said decedent by their attorney objected to the appointment of said commissioners but the court overruled said objection to which opinion of the court said ehirs by their attorney excepted & tendered their bill of exceptions which was signed by J. Campbell Esqr., one of the court and the other members of the court refusing to sign the same, whereupon James E. Coleman, Isaac Stanley and James R. Stanley, bystanders, signed the same which is prayed to be made a part of the record (here insert them). [Image]
Muhlenberg County Court Order Book 5, Page 145 - February Term 1845
Grandison Catlett, Plaintiff, against Samuel Rhoads Jr., Defendant, on appeal
Continued
The Commonwealth, Plaintiff, against William Wells, Defendant, on a summons
Ordered that this cause be dismissed
A sale bill of the estate of Nancy Richard D. Reynolds decd. was exhibited in to court & ordered to be recorded.
Samuel D. Chatham, Plaintff, against William Robinson, Defendant, on a summons
This day came the plaintiff by his attorney and it appearing that the plaintiff summons had been duly executed and the defendant not appearing and the court being satisfied that the remaining security in the Administration Bond is sufficient, it is ordered that the said Samuel D. Chatham be released from his securityship in the bond executed by the defendant as Admr. of D.W. Baird.
Thomas Girvin, Plaintiff, against Stephen Watkins, guardian to Saml., Bryan & Edward Bennett, Defendant, on a summons
This day came the parties aforesaid in their own proper persons and thereupon the defendant enter offered Lewis Watkins as additonal security as guardian aforesaid who thereupon executed bond in the penalty of three thousand dollars conditioned as the law directs. It is therefore ordered that Thomas Girvin the plaintiff herein be released from his securityship herein & that the defendant pay the costs herein incurred. [Image]
On the motion of Simeon Roark, one of the heirs of Martin Roark deceased, it is ordered that Thomas Morgan, Isaac Malone, William D. Martin & Isaac Branscomb, or any three of them, be appointed commissioners to set apart to Rachel Roark, widow & relict of Martin Roark deceased, her dower in & to the estate… [Image]
Muhlenberg County Court Order Book 5, Page 146 - February & April Terms 1845
…of said decedent and make report thereof as the law directs. [Image]
Presley W. Smith, Plaintiff, against Thomas Newman, Defendant, on an appeal
This day came the parties aforesaid by their attorneys and the court having heard the testimony in the cause and the arguments of counsel, it is ordered that the judgement of the court be af below be affirmed and that the defendant recover of the said plaintiff his costs herein.
Ordered that the court be adjounred until court in course.
John Campbell JP
At a county court began & held for Muhlenberg County at the courthouse in Greenville on Monday the 28th day of April 1845.
Present W. Moore, Solomon Rhoads, Moses Wickliffe, C.M. Baker, Ephron S. Baker
{fee paid 25 cts.} Gabriel N. Shelton came into court and on his motion the following alteration in his stockmark was made towit, a swallow fork and under bit in the right ear, and an under half crop out of the left ear which is ordered to be recorded.
On the motion of John Huston Sr. & John Huston Jr. (the widow renouncing her right in writing), who made oaths as the law directs, certificate is granted them for obtaining letters of Administration on the estate of William Huston deceased, who thereupon together with Benjamin Coffman & William A. Eaves, his security, executed bond in the penalty of two thousand four hundred dollars conditioned as the law directs. Ordered that Isaac Coffman, John Vickers, Burrel Herndon & E.S. Baker, or any three of them, appraise in current money the personal estate of said decedent & that the Administrator return an inventory.
Muhlenberg County Court Order Book 5, Page 147 - April Term 1845
A settlement made with Executors of William Kittinger deceased was exhibited in to court, examined & ordered to lie over till next court.
A settlement made with the Admr. of B.C. Dillingham deceased was exhibited in to court & having laid over one term as the law directs is ordered to be recorded.
Charles F. Wing, clerk of the Muhlenberg County Court, came into court and together with John Vickers, George W. Short, Henry Myers & Charles Morehead, his security, executed bond in the penalty of ten thousand dollars conditioned as the law directs.
Ordered that Andrew Lynn be appointed surveyor of that part of the road leading from the Island Ford on Pond River to Rumsey whereof George Dame was surveyor and that he with the hands formerly allotted said Dame extending the bounds down the river to the said ford including James Lynn & Andrew Lynn, & that he with the hands formerly allotted open & keep the same in repair 15 feet wide as the law directs & that John Dame, John Ellis, Wm. Worthington & hands assist in opening the same.
A settlement made with James Taggart former sheriff of this county with commissioners appointed for that purpose for the levy of 1841 & collectable in 1842 which being examined & approved is ordered to be recorded.
A settlement made with B.D. Bailey sheriff for the levy of 1842 collectable in 1843 was exhibited in to court & being examined & approved is ordered to be recorded.
Present Wm. Martin, Strother Jones, David T. Short, I.J. Baker
The last will & testament of Britton Willis deceased was exhibited in to court & proved by the oath of John E. Reno, a subscribing witness, & ordered to be certified & the codicil thereto to which John Campbell & William H.C. Wing were witnesses being fully proved.
Present J.W.I. Godman, John Campbell
{copd.} Ordered that the sheriff of this county pay Solomon Rhoads two dollards 25 cents for his services as commissioner on the bridge across Pond Creek if so much there be in his hands.
Muhlenberg County Court Order Book 5, Page 148 - April Term 1845
{cpd. & deliver to E.S. Baker} Ordered that the sheriff of this county pay John Vickers out of money in his hands due the county two hundred & eighty two dollars & 85 cents in part of the sum due him for building the bridge across Cypress as per account, rendered & approved by the court, being the report of the commissioners appointed to let & receive said bridge.
Sale bill & inventory of the estate of William Kittinger decd. was returned in to court & ordered to be recorded.
Sale bill of the estate of Parker Lucas deceased was exhibited in to court & being examined is ordered to be recorded.
Present S.M. Wilkins
A settlement with Thomas F. Cundiff, guardian to L.E. Stom, orphan of Henry Stom deceased was exhibited in to court & ordered to lie over till next term. [Image]
The court, a majority being present & concurring therein, appointed Lewis Reno constable in the district in which he formerly acted, who thereupon took the oaths prescribed by law & together with Jesse H. Reno & John E. Reno, his security, executed bond in the penalty & condition as the law directs.
Ordered that Lewis McCown be appointed surveyor that part of the road leading from Greenville to Rumsey whereof Thomas N. Mann was surveyor & that he with the hands formerly alloted said Mann including Nathaniel Howard open & keep the same in repair 15 feet wide as the law directs.
Ordered that William Sharp be appointed overseer of that part of the road leading from whereof Robert C. Sharp was surveyor & that he with the hands formerly allotted open & keep the same in repair 15 feet wide as the law directs.
The last will & codicil of Jacob S. Baker was again presented to court & fully proved by the oath of Peter H. Baker, the other subscribing witness thereto, & ordered thereupon Henry Fitzhugh & others, heirs, by J.W. Vandiver, their attorney, move the court for a continuance herein, which motion was overruled by this court from & the will ordered to be recorded. From which opinion the said… [order ends] [Image]
Muhlenberg County Court Order Book 5, Page 149 - April Term 1845
Ordered that William Buckhannon be appointed surveyor of that part of the road leading from Greenville to Skilesville whereof John Campfield was surveyor & that he with the hands formerly allotted said Campfield open & keep the same in repair 30 feet wide as the law directs.
Ordered that John Richardson be appointed overseer of that part of the road leading from Greenville to Greens mill whereof Jacob Imbler was surveyor & that he with the hands formerly allotted open & keep the same in repair 15 feet wide as the law directs.
Ordered that James Tinsley be appointed surveyor of that part of the road leading from Greenville to Rumsey whereof John R. Roark was formerly surveyor & that he with the hands formerly allotted open & keep the same in repair 15 feet wide as the law directs.
Ordered that Benjamin Cundiff be appointed surveyor of that part of the road leading from Greenville to Morgantown whereof Presley Rhoads was surveyor & that he with the hands formerly allotted open & keep the same in repair 30 feet wide as the law directs.
Ordered the present sheriff be allowed a credit of twenty dollars to be deducted from the amount against him due the county in the settlement made with him for the year 1843 & this day ordered to be recorded, said $20 being the amount of a county order paid by him in favour of James Taggart.
Ordered that John Noftsinger be appointed surveyor of that part of the road leading from Carrollton to Madisonville whereof Jarrard Wallace was surveyor & that he with the hands formerly allotted open & keep the same in repair 15 feet wide as the law directs.
Ordered that Presley Rhoads be appointed overseer of that part of the road leading from Greenville to Morgantown whereof Aaron Smith was surveyor & that he with the hands formerly…
Muhlenberg County Court Order Book 5, Page 150 - April Term 1845
…allotted open & keep the same in repair 30 feet wide as the law directs.
Ordered that Hillery Newton be appointed surveyor of that part of the road leaeding from Greenville to Russellville whereof Franklin Gray was surveyor & that he with the hands formerly allotted open & keep the same in repair 30 feet wide as the law directs.
Ordered that D.W. Strong & Elijah Johnson & sons be added to the precinct of the road whereof Wm. Worthington is overseer.
Ordered that John Gish be appointed overseer of that part of the road whereof Wesley Calvert was overseer & that he with the hands formerly allotted open & keep the same in repair [blank] feet wide as the law directs.
Ordered that Raughley Sullivan be appointed surveyor of that [part] of the road leading from Greenville to Hustons ferry whereof Cornelius Drake was surveyor & that he with the hands formerly allotted open & keep the same in repair 15 feet wide as the law directs.
Ordered that B.C. Lewis Dillingham be appointed surveyor of that part of the road leading from Greenville to Madisonville whereof Mathew M. Oates was aoverseer & that he with the hands formerly allotted open & keep the same in repair 30 feet wide as the law directs.
Ordered that James Rice be appointed overseer of that part of the road whereof Gideon Edwards was surveyor & that he with the hands formerly allotted together with S.M. Duvall, Moses Rice, Mourning Hunt, Preston Wells, Galmon Wells & William Douglass open & keep the same in repair 30 feet wide as the law directs.
Ordered that John Arnhart be appointed overseer of that part of the road leading from Greenville to Elkton whereof Richard Foster was surveyor & that he with the hands formerly allotted open & keep the same in repair 30 feet wide as the law directs.
Muhlenberg County Court Order Book 5, Page 151 - April Term 1845
Ordered that Alfred Law be appointed overseer of that part of the road leading from Greenville to Hopkinsville whereof Joseph Turner was surveyor & that he with the hands formerly allotted open & keep the same in repair 30 feet wide as the law directs.
Ordered that James Rust, Charles Vandiver, Sanders Eaves & William Moore Jr., or any three of them first sworn, view & mark out an alteration of that part of the road leading from Greenville to the Island ford near Colegate Scotts farm & make report thereof as the law directs.
Ordered that John Row be appointed surveyor of that part of the road leading from Greenville to Hopkinsville whereof James Wells was surveyor & that he with the hands formerly allotted open & keep the same with B.S. Young, Moore &c. in repair 30 feet wide as the law directs.
Ordered that Joseph Altic be appointed surveyor of that part of the road leading from Lewisberg to Madisonville whereof James Miller is overseer & that he with the hands formerly allotted open & keep the same in repair 15 feet wide as the law directs.
Ordered that John L. Yonts be appointed surveyor of that part of the road leading from Greenville to Mortons ferry whereof Wilson G. Cates was surveyor & that he with the hands formerly allotted open & keep the same in repair 15 feet wide as the law directs.
Ordered that Henry Myers, Martin Blain, Thomas Arndell & Solomon Myers, or any three of them first sworn, appraise in current money the personal estate & slaves if any of Jacob S. Baker deceased & that the Executors make report thereof as the law directs.
The commissioners appointed for that purpose reported that they had viewed & marked out an alteration of that part of the road leading from Greenville to the Island ford as it passes the farm of Colegate Scott, commencing at Scotts lane thence a direct line to Daniel Scotts & to Millers line thence to the old road at the mouth of Millers lane which alteration is established accordingly, Wm. Worthington being the surveyor.
Muhlenberg County Court Order Book 5, Page 152 - April Term 1845
{fee pd.} A majority of all the justices in commission being present & concurrning therein appointed James H. Rust constable in the district lying between Vickers road & the Island ford road following the Vickers road to Bowers farm thence to the Island ford road & with it to Whites ferry & to the Beginning who took the oaths prescribed by law & together with Thomas J. Anthony & William C. McNary, his security, executed bond in the penalty & condition as the law directs.
{fee pd.} The court, a majority being present, on motion of James H. Rust, he owning the land, established a ferry on his land across Pond River on the road leading from Greenville to the Island ford who took the oath prescribed by law & together with the oath Samuel Baker, his security, acknowledged their bond in the penalty of and condition as the law directs.
{fee pd.} The court, a majority being present & concurring therein, appointed James G. Myers constable in the district formerly in which E. Mitchel formerly acted who took the oaths prescribed by law together with Peter H. Baker & S.B. Myers, his security, executed bond in the penalty & condition as the law directs.
Milton Gibbs, constable in the town of Greenville, came into court & resigned as such, whereupon the court elected Jacob R. Landes constable in said district, who took the oaths prescribed by law & together with Peter H. Baker, B.E. Pittman & J.W. Vandiver, his security, executed bond in the penalty & condition as the law directs.
Ordered that Lemuel Ricket be appointed overseer of that part of the road leading from Greenville to Morgantown whereof James Casebier was surveyor & that he with the hands formerly allotted open & keep the same in repair 30 feet wide as the law directs.
Ordered that Hugh H. Martin be appointed surveyor of that part of the road leading from Greenville to Madisonville whereof William Tudor was surveyor & that he with the hands formerly allotted open & keep the same in repair 30 feet wide as the law directs.
Muhlenberg County Court Order Book 5, Page 153 - April Term 1845
Ordered that Bennet D. Spencer be appointed overseer of that part of the road leading from Lewisbery to Skilesville whereof John W. Yonts was overseer and that he with the hands formerly allotted open & keep the same in repair 15 feet wide as [the] law directs.
Ordered that Daniel Scott be appointed surveyor of that part of the Island ford road whereof Charles Vandiver was surveyor & that he with the hands formerly allotted open & keep the same in repair 15 feet wide as the law directs.
Ordered that William Wickliffe be app. surveyor of that part of the road leading from Lewisberg to Madisonville whereof Thomas Kincheloe was surveyor & that he with the hands formerly allotted open & keep the same in repair 15 feet wide as the law directs.
Ordered that Thomas Arndell be appointed surveyor of that part of the road leading from Greenville to Jacob S. Bakers that lies between the Russellville road & J. Taggarts & said Bakers whereof Jesse Welbourn was surveyor & that he with the hands formerly allotted open & keep the same in repair 15 feet wide as the law directs.
The persons appointed for that purpose reported that they had laid off & set apart to Mrs. Mary Garris, the widow of Sikes Garris deceased, her dower in & to the estate of said decedent, which report was objected to & report from error[?] on[?] the [??] quashed was received & ordered to be recorded. [Note: The report was quashed.] [Image]
Ordered that Andrew Craig be appointed surveyor of that part of the road leading from Greenville to Russellville whereof William McCown was surveyor & that he with the hands formerly allotted open & keep the same in repair 30 feet wide as the law directs.
Ordered that William Nall be appointed surveyor of that part of the road leading from Rumsey to Madisonville whereof John Dame was overseer & that he with the hands formerly alloted open & keep the same in repair 30 feet wide as the law directs.
Muhlenberg County Court Order Book 5, Page 154 - April Term 1845
Charles Tyler Esqr. produced a commission from his Excellency the Governor of Kentucky bearing date the sixth day of December 1844 appointing him Sheriff in & for the county of Muhlenberg.
Ordered that James Coleman be appointed overseer of that part of the road leading from Carrolton to the Madisonville Road whereof Lewis Watkins was surveyor & that he with the hands formerly allotted open & keep the same in repair 15 feet wide as the law directs.
Ordered that Samuel Ross be appointed surveyor of that part of the road leading from Greenville to Morgantown whereof Henry Jernigan was overseer and that he with the hands formerly allotted open & keep the same in repair 30 feet wide as the law directs.
Ordered that Elias V. Kirtley be appointed overseer of that part of the road lying between Heltlseys bridge & Williams ferry whereof Daniel Kittinger was surveyor & that he with the hands formerly allotted open & keep the same in repair 15 feet wide as the law directs.
On the recommendation of Charles Tyler, Sheriff, Wm. A. Eaves & G.W. Eaves were admitted as his deput[ies], who thereupon took the oaths prescribed by law.
The court having received a communication from the county court of Hopkins on the subject of erecting a bridge across Pond River at what is called Smiths ferry on said river on the road leading from Greenville to Madisonville, it is ordered that Russel McRery, William McNary & Sanders Eaves be appointed commissioners on the part of this county to meet the commissioners appointed by the Hopkins County Court for the purpose of examining the site, drafting a plan of said bridge, estimating the probably costs thereon & make report thereof as the law directs. [Image]
On the motion of Charles Vandiver, ordered that Daniel Scott, William Nall, John Rickard & John Arnold, or any three of them first sworn, view & mark out the best & most convenience way for a road to lead from Frosts warehouse on Pond River to Nalls bridge & make report thereof as [the] law directs.
Muhlenberg County Court Order Book 5, Page 155 - April Term 1845
On the motion of Russel Stanley, Admr. of Sikes Garris deceased, James Stanley & Isaac Stanley, two creditable witnesses, made oath that Sikes Garris, a Revolutionary pensioner, whose certificate No. 7059 bears date the 3d day of December 1836, departed this life the 23d day of January 1845, which is ordered to be certified. [Image]
Charles Tyler, who has been commissioned Sheriff of the county of Muhlenberg, came into court and took the several oaths prescribed by law and together with John S. Eaves Sr., George W. Eaves, John S. Eaves Jr., William A. Eaves & Sanders Eaves, his security, executed bond in the penalty & condition required by law for the performance of his office.
He also executed bond with the same security as above for the collection of fines & forfeitures in the penalty & condition as the law directs.
Ordered that Samuel Whitmer be appointed surveyor of that part of the road leading from Greenville to Owensboro whereof Jacob Hill was surveyor and that he with the hands formerly allotted open & keep the same in repair 30 feet wide as the law directs.
Ordered that William Gregory be appointed surveyor of that part of the road leading from Greenville Nicholls crossroads to Millport whereof Andrew Kittinger was surveyor & that he with the hands formerly allotted open & keep the same in repair 15 feet wide as the law directs.
Ordered that Henry Hughes be appointed surveyor of that part of the road leading from Greenville to Boggess mill whereof William Dukes is surveyor & that he with the hands formerly allotted open & keep the same in repair 30 feet wide as the law directs.
Ordered that Ephraim Welbourn be appointed surveyor of that part of the road leading from Greenville to Russellville whereof Alexander McPherson was surveyor & that he with the hands formerly allotted open & keep the same in repair 30 feet wide as the law directs.
Muhlenberg County Court Order Book 5, Page 156 - April Term 1845
Ordered that John Noftsinger be appointed surveyor of that part of the road leading from Carrolton to the Island ford in place of Jarrad Wallace and that he with the hands in the following bounds towit Beginning at John Gossetts including him thence to include Joseph Neal thence to include William Nall thence to include James Wilkins & to the Beginning open & keep the same in repair 15 feet wide as the law directs.
On the motion of James Miller, ordered that Daniel Overhults, Charles Watkins, John Noftsinger & Jacob Hill, or any three of them being first sworn, view & mark out an alteration of that part of the road leading from Lewisberg to Madisonville as the same passes the farm of said Miller & report the conveniences & inconveniences of both the old & new way & make report thereof as the law directs.
On the motion of David S. Baker & Samuel Baker, Executors named in the last will & testament of Jacob S. Baker deceased, who made oath as the law directs, certificate is granted them for obtaining a probate thereon, who thereupon together with James H. Rust & John Dame, their security, executed bond in the penalty of $2000.00 conditioned as the law directs.
Ordered that the court be adjourned until court
Catlett against S. Rhoads Jr.
Continued
J.D. Welbourn, Appellant, aginst Benj. Linton, Deft., on an appeal
Continued
Isaac Newman, Plaintiff, against S.J. Grable, Defendant, on a notice
Continued
S. Garris' Heirs, Plaintiff, vs. Garris's Admr., Defendant, on a motion
Continued
Muhlenberg County Court Order Book 5, Page 157 - April & May Terms 1845
The Commonwealth, Plaintiff, against Thomas F. Cundiff, Defendant, on a summons
Continued
Ordered that the court be adjourned until court in course
Moses Wickliffe JP
At a county court began and held for Muhlenberg County at the courthouse in Greenville on Monday the 26th day of May 1845. Present Solomon Rhoads, Henry Myers, Jno. Campbell
A settlement made with the Executors of William Kittinger deceased was again returned to court & being examined & approved is ordered to be recorded.
Same with Thos. F. Cundiff, guardian to L.E. Stom, orphan of Henry Stom deceased, having laid over one term, was again presented to the court & ordered to be recorded. [Image]
A settlement with the Administratrix of Parker Lucase deceased was exhibited in to court & being examined is ordered to lie over until the next term.
Ordered that George Browning be appointed surveyor of that part of the road leading from Lewisberg to Madisonville whereof John Shank was surveyor & that he with the hands allotted said Shank who was the successor of John Miller open & keep the same in repair 15 feet wide as the law directs.
Ordered that Benjamin Jernigan & Jefferson Cundiff be added to the precinct of the road whereof Samuel Ross is surveyor Isaac Lucy & Henry Rhoads & Thos. Jernigan.
Muhlenberg County Court Order Book 5, Page 158 - May Term 1845
A sale bill of the estate of Stephen Wilcox deceased was exhibited in to court by the Admr. & ordered to be recorded.
Ordered that Henry U. Hughes be appointed oversser of that part of the road leading from Greenville to Morgantown that lies between the Bear branch & Ross's mill & that he with the hands in the following bounds towit Beginning at Severs ford on Pond Creek thence up the same to the mouth of Beech Creek thence up the creek to Frederick Unsells including him thence to include William W. Smith thence to the Beginning open & keep the same in repair 30 feet wide as the law directs.
Lucinda E. Stom, orphan of Henry Stom deceased, being over fourteen years of age & unable to attend court, by her writing here to the court shown, makes choice of Wiley S. Hay as her guardian, whereupon the said Hay took the oath prescribed by law and together with James J. Robertson & Benjamin Jernigan, his security, executed bond in the penalty of eighteen hundred dollars conditioned as the law directs. [Image]
Ordered that Elias V. Kirtley be appointed surveyor of that part of the road leading from Heltsleys Bridge to Williams Ferry whereof Daniel Kittinger was surveyor & that he with the hands formerly allotted open & keep the same in repair 15 feet wide as the law directs including Elijah Smith, Widow Heltsley & hands & Saml. [???] & hands.
Present Moses Wickliffe, Wm. Martin Esqrs.
The Commonwealth, Plaintiff, against Thomas F. Cundiff, Defendant, on a summons
The Defendant not appearing tho solemnly called, it is considered by the court that as the said Lucinda E. Stom has this day made choice of Wiley S. hay as her guardian, that this prosecution be dismissed at the costs of said defendant. [Image]
Muhlenberg County Court Order Book 5, Page 159 - May Term 1845
An inventory & sale bill of the estate of Jacob S. Baker deceased was exhibited in to court by the Executors of the said decedent & ordered to be recorded.
An inventory & sale bill of the estate of Aaron A. Smith deceased was exhibited in to court by the Administrator & ordered to be recorded.
Charles Tyler Esqr. who has been commissioned Sheriff of this county returned to the court his records and papers as a Justice of the Peace. Ordered that the said records & papers be delivered in to the hands & possession of James W. Poag Esqr.
The last will and testament of Britton Willis deceased was exhibited in to court and fully proved by the oath of Edward R. Weir, a subscribing witness thereto, which is thereupon ordered to be recorded.
Charles F. Wing, the Executor named in the last will and testament of Britton Willis deceased came into court & having taken the oath prescribed by law, certificate is granted him for obtaining a probate thereon who thereupon executed bond in the penalty of seven thousand dollars conditioned as the law directs. Ordered that Henry Myers, Garland D. Craig, Andrew Craig & James J. Robertson be appointed appraisers to appraise in current money the personal estate of said decedent & that the Executor return an inventory thereof as the law directs.
Jacob P. Bodine commissioner of the tax in and for the county of Muhlenberg for the year 1845 exhibited in to court his book, which being examined by the court was approved & received.
On the motion of Samuel M. Ross, it is ordered that Wiley S. Hay, Benjamin Jernigan, Samuel Rhoads and Abraham Dennis, or any three of them being…
Muhlenberg County Court Order Book 5, Page 160 - May & June Terms 1845
…first sworn, view and mark out an alteration of that part of the public road leading from Greenville to Morgantown that lies between Benjamin Jernigans & said mill and that they report the conveniences & inconveniences of both the old & new way as the law directs.
Ordered that John Campbell & Moses Wickliffe Esqrs. be appointed Judges to superintend the election to be held for Trustees in the town of Greenville for the year 1845.
Ordered that the court be adjourned until court in course.
Moses Wickliffe
At a county court began & held for Muhlenberg County at the courthouse in Greenville on Monday the 30th day of June 1845. Present E.S. Baker, Henry Myers, John Campbell, Moses Wickliffe
A settlement made with the Administratrix of Parker Lucas deceased by the commissioners of account again presented to the court & having laid over one term is ordered to be recorded.
Present Wm. Martin Esqr.
A settlement made by David Dukes Admr. of Thomas Davis decd. with the commissioners of account was presented to the court & ordered to lie over till the next term.
On the motion of Charles F. Wing, clerk of the county court, John G. Gooch was appointed his deputy to reside at Rumsey who thereupon took the oaths prescribed by law together with the oath against dueling. [Image]
{cpd. [??] Bodine[?]} Jacob P. Bodine, commissioner of the tax in & for the county of Muhlenberg for the year 1845, exhibited his account amounting to one hundred & thirty one dollars & 60 cents, for sixteen hundred & forty five lists from which sum $26.32 cents, the 20 percentum, is deducted, leaving one hundred & five dollars 28 cents which is ordered…
Muhlenberg County Court Order Book 5, Page 161 - June Term 1845
…to be certified to the auditor of public accounts.
The persons heretofore appointed to lay off & set apart to Mrs. Mary Garris, widow & relict of Sikes Garris deceased, her dower in and to the estate of the said decedent returned in to court their report, and thereupon the agent of said Mary, by his attorney, moved that the same be recorded, to which motion the heirs, by their attorney, objected, and after hearing the arguments, it is ordered that said report be recorded. To which opinion of the court James Garris, Sikes Garris Jr., Michael Garris & Rebecca Garris, children & heirs of the said decedent, by their attorney, excepted & prayed that his said exception be signed & sealed by the court which was done (being signed by John Campbell, Wm. Martin & Henry Myers). [Image]
On the motion of B.E. Pittman, county attorney, it is ordered that Michael Severs & Louisa his wife be summon[ed] to appear at the next court & show [cause] if any they can why their children may not be bound out as the law directs. [Image]
On motion of the Revd. Samuel K. Hughes, who produced a certificate as required by law of his being in regular communion with the Presbyterian Church, license is granted him to celebrate the rites of matrimony according to the rules & regulations of the church to which he belongs who thereupon took the oath prescribed by law and together with Charles F. Wing, his security, executed bond in the penalty & condition as the law directs. [Image]
Present D.T. Short, Moses Wickliffe, J.W.I. Godman, R.S. Russell, I.J. Baker Esqrs.
A majority of all the Justices in commission being present, on the motion of John Vickers, who is desirous of building or erecting a fish dam & trap across Pond River, permission is granted him to erect said dam & trap agreeably to an act of Assembly approved the 14th January 1845, who thereupon together with John S. Eaves Sr., his security,…
Muhlenberg County Court Order Book 5, Page 162 - June Term 1845
…executed bond in the penalty of five hundred dollars conditioned as the law directs.
Ordered that George Tooley be appointed surveyor of that part of the road leading from Greenville to Russellville that lies between Abraham Dennis & said creek Pond Creek & that he with the hands in the following bounds Beginning at Dennis's thence with the Elkton Road to Stephen Wright including him thence down Pond Creek to include Thomas Salsbury, John Arnhart & John Tooley open & keep the same in repair 30 feet wides as the law directs.
The commissioners heretofore appointed to meet commissioners appointed by the county court of Hopkins for the purpose of selecting the best site for the erection of a bridge across Pond River on the road leaeding from Greenville to Madisonville, made their report, which report was received by the court, and by their direction said report was ordered to be quashed. [Image]
On the motion of George W. Haydon, it is ordered that Gilbert V. Rhoads, George W. Haydon, Moses F. Glenn & Robert Cundiff, or any three of them being first sworn, view & mark out the best & most convenient way for a road to lead from Greenville to McLeans coal bank on Green River & make report as the law directs.
Ordered that Robert Branscomb, Barnet Stewart, Simeon Roark & James Arnett, or any three of them being first sworn, view & mark out the best & most convenient way for a road to lead from the Rumsey Road to Carrolton & make report thereof as the law directs.
Ordered that Michael Severs, a poor person, be allowed at the rate of three dollars per month to be placed in the hands of Andrew Glenn Sr. for the support & maintenance of said Severs to be paid out of the next county levy. [Image]
Inventory and appraisement of the estate of Britton Willis deceased was returned and ordered to be recorded.
Muhlenberg County Court Order Book 5, Page 163 - June & July Terms 1845
The clerk of this court reported that Bennet D. Bailey Esqr., late a Justice of the Peace in & for this county, had returned his books as such also the records of the his office as Justice which were received by the court.
Ordered that the Digest (Brown &l Moreheads) be delivered to Henry Myers Esqr. lately commissioned a Justice of the Peace in & for this county, and that the records & papers be delivered to James W. Poag Esqr. the nearest Justice.
Grandison Catlett, Plaintiff, against Samuel Rhoads, Defendant
Continued
James D. Welborn, Plaintiff, against Benjamin Linton, Defendant
Continued
Isaac Newman, Plaintiff, against S.J. Grable, Defendant
Continued
Ordered that the court be adjourned till court in course
Moses Wickliffe
At a county court began and held for Muhlenberg County at the courthouse in the town of Greenville on Monday the 28th day of July 1845
Present Moses Wickliffe, James W. Poag, I.J. Baker, John Campbell, Strother Jones, Solomon Rhoads
Settlement made with David Dukes, Admr. of Thomas Davis decd., was again returned in to court & being approved by the court (said settlement having laid over one term as required by law) is ordered to be recorded.
Muhlenberg County Court Order Book 5, Page 164 - July Term 1845
The court proceeded to appoint Judges & Clerks to the ensuing August election towit at Greenville the court appointed John Cambpell and Strother Jones Judges & John Stembridge Clerk
At the Skilesville precinct, Moses Wickliffe & I.J. Baker were appointed Judges & Jonathan N. Lucy Clerk; at Rumsey John Bland & Henry Myers Judges & William Welch Clerk.
A settlement made by commissioners of account with the Executors of Miles Cary decd. was exhibited in to court & being examined is ordered to lie over.
A settlement with I.J. Baker, guardian to James & W.G. Newman, orphans of Jacob Newman decd., was exhibited in to court and ordered to lie over till the next term. [Image]
The last will and testament of Benjamin S. Young deceased was exhibited in to court & proven to be the act & deed of the said decedent by the oaths of Edward J. Wilson & Alfred M. Jackson, the subscribing witnesses thereto, & ordered to be recorded.
On the motion of Mrs. Nancy Young, the Executrix named in the last will and testament of Benjamin S. Young deceased, who made oath as the law directs, certificate is granted her for obtaining a probate thereon, and the Executrix not being required by the said will to give bond & secuirty, by order of the court said Nancy Young executed bond without security in the sum of $5000 conditioned as the law directs. [Image]
Ordered that Peter Jones Sr., Moses Wickliffe, Isaac Davis and Robert Wickliffe, or any three of them being first sworn, appraise in current money the personal estate & slaves (if any) of said decedent & that the Executrix return an inventory thereof as the law directs.
Report of a road leading from Greenville to Morgantown lying between Jernigans & Ross's mill was returned in to court & a majority not being present, ordered that said report be continued until the next court.
Absent [blank]
Muhlenberg County Court Order Book 5, Page 165 - July Term 1845
Isaac Newman, Plaintiff, against S.J. Grable, Defendant, on an appeal
Ordered that an alias summons be awarded herein against the said Defendant returnable here at the next court.
James D. Welborn, Plaintiff, against Benjamin Linton, Defendant, on an appeal
Ordered that this suit be continued till the next court at the costs of the said Defendant Plaintiff & that a pleuries summons be awarded against the said Defendant returnable to the next court.
Grandison Catlett, Plaintiff, against Samuel Rhoads Jr., Defendant, on an appeal
Continued
The Commonwealth, Plaintiff, against Michael Severs & Louis his wife, Defendants, on a summons
Ordered that an alias summons be awarded herein against the said Defendants returnable here at the next court. [Image]
The Commonwealth, Plaintiff, against Ira Campfield, Defendant, in bastardy
This day came the attorney for the Commonwealth and the Defendant not appearing in discharge of his recognizance or bond though solemnly called, ordered that said bond said defendant be summoned to the next court to show cause why his[?] bond should[?] not be forfeited, writ[?] a scire facias issue thereon against the said Defendant & security & the further proceedings herein are continued until the next court. [Image]
On the motion of Philip Smith, it is ordered that the Nancy Ann Smith, orphan of Barbara Smith deceased, be bound to the said Philip Smith until she arrives to the age of sixteen years, she the said Nancy being twelve years old, and that the clerk of this court enter into an indentture with said Philip Smith as the law directs. [Image]
Muhlenberg County Court Order Book 5, Page 166 - July Term 1845
{fee pd.} On the motion of Reuben B. Landrum, who produced a certificate as required by law of his being in regular communion with the General Baptist Church, license is granted him to celebrate the rites of matrimony agreeable to the rules & regulations of the church to which he belongs, who thereupon together with B.E. Pittman, his security, executed bond in the penalty & condition as the law directs. [Image]
Present John Bland
Ordered that John Arnhart be appointed surveyor of that part of the public road leading from Greenville to Russellville that lies between Greenville & the bridge & that he with the hands formerly allotted & the hands allotted George Tooley open & keep the same in repair 30 feet wide as the law directs.
Present R.S. Russell, William Martin
The clerk of this court reports that he had received the books & papers of Bennet D. Bailey Esqr. Justice of the Peace. Ordered that the clerk deliver said books & papers to James W. Poag Esqr. the nearest Justice.
{fee paid} A majority of all the Justices in commission being present & concurring therein, elected Stephen Vick a constable in the district in which he formerly acted who thereupon took the oaths prescribed by law and together with Gillis Mercer, Lem W.W. Vick, Ephraim R. Dillingham & Wm. J. Vick, his security, executed bond in the penalty and condition as the law directs.
Absent J.W. Poag
An inventory & appraisement of the estate of John Kittinger deceased was exhibited in to court by the Administrator which being examined & approved is ordered to be recorded.
A sale bill of the same was also returned & ordered to be recorded.
The court, a majority being present, took up the report of commissioners appointed to view & mark out an alteration [to] the road leading from Greenville to Morgantown lying between Jernigans & Ross's mill which report was received by the court & the alteration established accordingly.
Ordered that Samuel M. Ross be appointed overseer to superintend the opening said road and that he with Henry Hughes & the hands allotted him…
Muhlenberg County Court Order Book 5, Page 167 - July & August Terms 1845
…and Lemuel Ricket & the hands allotted him open the same 30 feet wides as the law directs & make report thereof to the next court.
Ordered that William Morgan be appointed overseer of that part of the road leading from Robert Branscombs to Millport and that he together with William Browning, David Morris, Maben Browning, George Browning, Caleb Browning, Samuel D. Underwood & John Curtis open & keep the same in repair 15 feet wide as the law directs.
Ordered that the tavern rates for this county remain as heretofore fixed & established by the court.
Ordered that John Turner, Laban Ford, Berry Turner, Berry Walker & Jackson Turner be added to the precinct of the road leading from Greenville to Elkton whereof James B. Hancock is surveyor.
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 August 1845. Present Moses Wickliffe, James W. Poag and Henry Myers, Moses Wickliffe [sic]
The Commonwealth, Plaintiff, against Ira Campfield, Defendant, in bastardy
For reasons appearing to the court, it is ordered that this prosecution be dismissed at the costs of the said Defendant. [Image]
Ordered that John Turner, Laban Ford, L.B. Walker, Jno. B. Staples, Beryr Turner & A.J. Turner be added to the precinct of the road whereof Absalom…
Muhlenberg County Court Order Book 5, Page 168 - August Term 1845
…Low is surveyor, lying between Greenville & James Weirs farm on the road leading from Greenville to Hopkinsville.
Ordered that James H. Wright be appointed surveyor of that part of the road leading from Greenville to Elkton whereof Robert Cessna was surveyor, and that he with the following hands towit Robert Robertson & hands, Thomas Robertson, John Robertson, Reason Tolbert, Jno. R. Tolbert, Henry Boggess, A. Jenkins, A.H. Buckner & hands, Mrs. Rice & hands, Robert Boggess & hands & William Bell Sr. open & keep the same in repair 30 feet wide as the law directs.
The nuncupative will of Russell McRery deceased was exhibited in to court and proved by the oaths of William A. Eaves & Elisha Baker, witnesses thereto, and ordered to be recorded.
The Commonwealth, Plaintiff, against Michael Severs, Defendant, on a summons
The Defendant having departed this life since the last term, ordered that this suit be dismissed. [Image]
Present Wm. Martin Esqr.
Ordered that the clerk of this court bind or enter into an indenture with Thomas G. Jernigan binding to said Jernigan Nancy Severs, orphan of Michael Severs deceased until she the said Nancy arrives to the age of sixteen years, the said Nancy being ten yeaers old the seventh day of August 1845 as the law directs. [Image]
Absent Henry Myers Esqr.
{copd.} The court doth appoint Henry Myers, guardian for David H. Myers, son of the said Henry, he the said David H. being seven years old for the purpose of receiving a legacy given to the said D.H. Myers by his grandfather Philip Myers, who thereupon took the oath prescribed by law & together with James Myers & Edward Kingsley, his security, executed bond in the penalty of $500 conditioned as the law directs. [Image]
Absent M. Wickliffe Esqr.
Muhlenberg County Court Order Book 5, Page 169 - August Term 1845
Samuel Rhoads Jr., Plaintiff, against Grandison Catlett, Defendant, on an appeal
This day came the parties aforesaid by their attorneys and thereupon after hearing the testimony and the arguments of counsel, it is considered by the court that the judgement of the Justice below be reversed in part and confirmed as to three dollars and tirty eight cents and that the plaintiff recover of the said defendant his costs herein and that he thereof have execution, and thereupon the defendant moved the court for a new trial which motion was continued until the next court.
The last will and testament of James Weir Sr. was exhibited in to court and proved to be the act and deed of the said decedent by the oaths of Edward Rumsey & William H.C. Wing, the subscribing witnesses thereto, which is thereupon ordered to be recorded.
Ordered that Edward Rumsey, Charles F. Wing & George W. Short & Samuel D. Chatham, or any three of them being first sworn, appraise in current money the personal estate and slaves of James Weir deceased and that the Executors return an inventory thereof as the law directs.
Susan M. Weir, orphan of James Weir Sr. deceased, this day made choice of Edward R. Weir, by her written order proven in open court, her guardian, who thereupon took the oath prescribed by law and together with Samuel M. Wing, Edward Rumsey & James Weir Jr., his security, executed bond in the penalty of fifty thousand dollars conditioned as the law directs. [Image]
Inventory and appraisement of the estate of William Luce deceased was exhibited in to court and ordered to be recorded.
Sale bill of the same, same order
James D. Welbourn, Plaintiff, against Benjamin Linton, Defendant, on an appeal
Continued
Muhlenberg County Court Order Book 5, Page 170 - August Term 1845
On the motion of Mary Garris deceased [sic] widow & relict of Sikes Garris deceased, Charles F. Wing & William H.C. Wing, two creditable witnesses, came into court and made oath that the Revolutionary certificate No. 7059 is the original certificate as expressed in the face of said certificate granted to the said Sikes Garris by the War Department dated the 27th Feby. 1833 and duplicated the 3d day of December 1836 which is orderd to be certified. [Image]
Samuel Ross surveyor of that part of the road leading from Greenville to Morgantown that lies between Jernigans & Ross's mill, reported that the same has been opened as the law requires.
Absent M. Wickliffe
Present Henry Myers Esqr.
Ordered that Sampson Bethel be appointed surveyor of that part of the road leading from Greenville to Rumsey whereof Wilson Girvin 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 Moses Wickliffe, one of the securities of Alney McLean decd., Administrator of John K. Ferguson to be released as such, the Executrix of Alney McLean decd. having had notice thereof, it is ordered that the said Wickliffe be released form the securityship aforesaid.
On the motion of Edward R. Weir, James Weir Jr. and Samuel M. Wing, Executors named in the last will and testament of James Weir Sr. deceased, who made oath as the law directs, certificate is granted them for obtaining a probate thereon, who thereupon together with Ann Weir, Edward Rumsey & Charles F. Wing, their security, executed bond in the penalty of one hundred thousand dollars conditioned as the law directs.
Muhlenberg County Court Order Book 5, Page 171 - August & October Terms 1845
{Fees charged to here} 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 27th day of October 1845.
Present Moses Wickliffe, Wm. M. Moore, E.S. Baker
A settlement made with the Executors of Miles Cary deceased having laid over one term as the law directs is now ordered to be recorded.
Same with I.J. Baker, guardian to the heirs of Jacob Newman decd., same order.
A settlement with Benj. Coffman, guardian for Poleys heirs, ordered to lie over till next term.
Same with the Admr. of Daniel Landes decd., ordered to lie over till next term.
Same with the Administrator of Uriah Shurley, returned & ordered to lie over till next court.
Inventory and appraisement of William Huston deceased was returned in to court and proved by the oaths of & ordered to be recorded.
Inventory of the estate of William Huston deceased was exhibited in to court & ordered to be recorded.
Sale bill of the same, same order.
The last will and testament of William Huston
Muhlenberg County Court Order Book 5, Page 172 - October Term 1845
The last will and testament of Simeon Vaught deceased was exhibited in to court & proved to be the act and deed of said decedent by the oaths of Gilbert C. Vaught & Moses F. Glenn, the subscribing witness thereto, and ordered to be recorded.
On the motion of Charles Vandiver, it is ordered that Jeremiah Arnold, John Arnold, Samuel Baker and John Ellison, or any three of them, be appointed viewers to view and mark out an alteration on a way for a road to lad from said Vandivers ferry on[?] Pond River to intersect the Island ford road & Greenville road at Daniel Scotts and make report thereof.
On the motion of Thomas Summers who made oath as the law directs (and having produced the following writing which was proved by the oath of Marucie Moore) {here insert it}, certificate is granted him for obtaining letters of Administration on the estate of Charles C. Summers deceased, who thereupon together with Hugh W. McNary Jonathan Short and Maurice Moore, his security, executed bond in the penalty of $8000.00[?] conditioned as the law directs.
Present David T. Short, John Bland Esqrs.
Inventory and appraisement of the estate of Daniel Cox deceased was returned in to court and ordered to be recorded. A sale bill of the same was also returned in to court and ordered to be recorded.
Ordered that William Martin Esqr., William McNary, John Fletcher and Ephraim R. Dillingham, or any three of them being first sworn, appraise in current money the personal estate and slaves if any of Charles C. Summers deceased and that the Admr. return an inventory thereof as the law directs.
On the motion of Charles F. Wing, clerk to this court, Finis M. Allison was admitted his deputy, who thereupon took the oath of office, the oath of fidelity to this Commonwealth together with the oath against dueling. [Image]
Muhlenberg County Court Order Book 5, Page 173 - October Term 1845
Ordered that Samuel Griffith be appointed overseer of that part of the road leading from the Hurricane to the crossroads or the forks leading to Thomas Irvins on the Morton Road, and that he with the hands formerly allotted Thomas Cundiff open & keep the same in repair 15 feet wide as the law directs.
On the motion of Polly Brown, widow, and Nathaniel O. Brown, who made oath as the law directs, certificate is granted them for obtaining letters of Administration on the estate of Nathaniel Brown deceased, who thereupon together with Jubal Vincent, Samuel Brown & William Thompson Brown, their security, executed bond in the penalty of five hundred dollars conditioned as the law directs. [Image]
Ordered that Samuel Eades, Eli Fortney, Jesse Forehand & William Martin Esqr., or any three of them being first sworn, appraise in current money the personal estate & slaves if any of Nathaniel Brown deceased & that the Admr. make report thereof as the law directs.
Margaret Summers, orphan of Charles C. Summers deceased, came in to court and made choice of Maurice Moore as her guardian, who thereupon took the oath prescribed by law and together with Isaac Wood, his security, executed bond in the sum of $2500 dollars conditioned as the law directs. [Image]
Absent all but Moses Wickliffe, Jno. Bland & David T. Short
John Bland came into court and listed for taxation for the year 1845 the following property towit $4930 dollars worth of property one white levy and two old blacks 3 total which levy sworn to is ordered to be certified to the auditor of public accounts & sheriff of this county.
Thomas S. Kirtley, Plaintiff, vs. George Vanlandingham, Defendant, on an appeal
Continued.
Muhlenberg County Court Order Book 5, Page 174 - October Term 1845
Isaac Newman, Plaintiff, against Samuel J. Grable, Defendant, on appeal
Continued
James D. Welbourn, Plaintiff, against Benjamin Linton Jr., on an appeal
Continued
On the motion of William Williams who made oath as the law directs, certificate is granted him for obtaining letters of Administration with the will annexed, on the estate of Mary Campbell deceased, who thereupon together with Hillery Newton, Henry Fitzhugh & Abner Wood, his security, executed bond in the penalty of three thousand dollars conditioned as the law directs.
{fee pd.} On the motion of William F. Stewart, the court appointed him guardian for Daniel W. Stewart, orphan of Daniel Stewart deceased, who thereupon took the oath prescribed by law and together with John Benton, his security, executed bond in the penalty of $10.00 conditioned as the law directs. [Image]
{fee pd.} Jesse Stewart, orphan of Daniel Stewart decd., came into court and made choice of William F. Stewart as his guardian (the said Jesse being over fourteen years of age) who thereupon took the oath prescribed by law and together with John Benton, his security, executed bond in the penalty of ten dollars conditioned as the law directs. [Image]
On the motion of Charles Bell for the purpose of renewing his tavern bonds & getting a license and a majority of the court not being present, it is ordered that said motion be continued till next court.
On the motion of L.R. Reno who is desirous of renewing his bond as tavern keeper in this place and a majority not being present it is ordered that said motion be continued till next court.
Muhlenberg County Court Order Book 5, Page 175 - October Term 1845
On the motion of Ephraim M. Brank, who made oath as the law directs (the widow being present & consenting thereto) certificate is granted him for obtaining letters of Administration on the estate of Samuel Jackson deceased, who thereupon together with B.E. Pittman and Charles F. Wing, his security, executed bond in the penalty of three thousand dollars conditioned as the law directs.
Ordered that John A. Allison, Joseph Dupoister [Depoyster], Wiley S. Hay & Solomon Rhoads, or any three of them, be appointed appraisers to apprise in current money the personal estate and slaves if any of Samuel Jackson deceased and that the said Admr. make report thereof as the law directs.
Ordered that John A. Allison, Joseph Dupoister [Depoyster], Wiley S. Hay & Solomon Rhoads, or any three of them, be appointed appraisers commissioners to lay off & set apart to Mrs. Nancy Jackson, widow & relict of Samuel Jackson deceased, her dower in & to the estate of the said decedent & make report thereof as the law directs. [Image]
{copd.} On the motion of Moses Wickliffe, who made oath as the law directs, certificate is granted him for obtaining letters of Administration on the estate of John Culbertson deceased, who thereupon together with Charles Morehead, Joshua Benton, John B. Culbertson & Aaron W. Davis, his security, executed bond in the penalty of five thousand dollars conditioned as the law directs. Ordered that Charles Morehead John Baxter, Robert Wickliffe, Isaac David & Peter Jones, or any three of them being first sworn, appraise in current money the personal estate and slaves if any and of John Culbertson deceased, and that the Administrator return an inventory thereof as the law directs.
On the motion of E.R. Elliott, it is ordered to be certified that that the said Edward R. Elliott is a gentleman of honesty, probity & good demeanor. [Image]
Muhlenberg County Court Order Book 5, Page 176 - October & November Terms 1845
On the motion of Elijah Dukes, it is ordered that Alfred Johnson, Robert Bogges, Benjamin Dukes and James Rice, or any three of them being first sworn, view & mark out an alteration of that part of the road leading from Greenville to Hopkinsville where the same passes the farm of Elijah Dukes & make report thereof as the law directs.
{Fees chd. to here} Ordered that the court be adjourned until court in course.
Moses Wickliffe
At a county court began and held for Muhlenberg County at the courthouse in Greenville on Monday the 24th day of November 1845
Present Strother Jones, Moses Wickliffe, J.W. I. Godman, R.S. Russell, C.M. Baker, Jno. Campbell, I.J. Baker, Wm. M. Moore
A settlement made with Benjamin Coffman Jr., guardian for Poleys heirs by commissioners of account, was again returned to court & being examined and approved, is ordered to be recorded.
A settlement made by commrs. of account with the Admrs. of Daniel Landes decd. was again returned in to court & having laid over one term as the law requires is ordered to be recorded.
A settlement with the Admr. of Uriah Shurley decd., same order as above.
A settlement with the Administrator of Thompson Miller deceased was exhibited in to court & being examined is ordered to lie over until the next term.
Muhlenberg County Court Order Book 5, Page 177 - November Term 1845
It being suggested to the court that Lewis Reno, constable, had departed this life, on motion of Raughley Sullivan, the court appointed him constable in the district in which said Reno formerly acted, who thereupon took the oaths prescribed by law and together with Charles Morehead & Thomas J. Anthony, his security, executed bond in the penalty & condition as the law directs. [Image]
A majority of all the Justices being present & concurring, on motion of Charles Bell, license is granted him to keep a tavern at his house in Greenville, who thereupon took the oath prescribed by law & together with Thomas J. Anthony and James T. Quisenberry, his security, executed bond in the penalty and condition as the law directs.
{fee pd} On the motion of Henry Lucas, the court appointed him constable in the district in which B.D. Bailey was constable, who thereupon took the oaths prescribed by law & together with John W. McCoy & Henry H. Williams, his security, executed bond in the penalty & condition as the law directs.
On the motion of Benjamin Shaver, the court appointed him constable in the district in which he formerly acted, who thereupon took the oath prescribed by law & together with Sanders Eaves & William C. McNary, his security, executed bond in the penalty & condition as the law directs.
On the motion of L.R. Reno, the court (a majority being present & concurring) license is granted him to keep tavern at his house in Greenville, who thereupon took the oath prescribed by law & together with William C. McNary & William R. Wickliffe, his security, executed bond in the penalty & condition as the law directs.
Present D.T. Short, Solomon Rhoads, Samuel M. Wilkins
Muhlenberg County Court Order Book 5, Page 178 - November Term 1845
On the motion of Charles M. Baker [Baber?], who is desirous to keep a tavern at his house in Rumsey, a majority being present & concurring, license is granted him to keep a tavern at his house in Rumsey, who thereupon took the oath prescribed by law & together with Sanders Eaves, his security, executed bond in the penalty & condition as the law directs.
On the motion of the Revd. Samuel Turner, the court appointed him constable in the district in which James Myres formerly acted who took the oath prescribed by law & together with Samuel D. Chatham & B.E. Pittman, his security, executed bond in the penalty & condition as the law directs.
{fee pd} On the motion of John M. Jones, the court appointed him constable in the district in which he formerly acted, who thereupon took the oath prescribed by law & together with James Taggart, James B. Hancock & George O. Prouse, his security, executed bond in the penalty & conditioned as the law directs.
Present William Martin Esqr.
Ordered that R.S. Russell, Wm. D. Dempsey, James Irvin & William Martin, or any three of them being first sworn, appraise in current money the personal estate & slaves if any of John McNary deceased, and that the Admr. return an inventory thereof as the law directs.
Charles F. Wing, clerk to this court, exhibited his account against eh Commonwealth amounting in the aggregate to two hundred & eight dollars & 50 cents which being sworn to, examined & allowed is ordered to be certified to the auditor of public accounts.
Indenture of apprentice between the clerk of this court & Thomas G. Jernigan was exhibited in to court, acknowledged, approved of & ordered to be recorded.
Inventory & appraisement of the estate of Samuel Jackson decd. returned in to court & ordered to be recorded.
Muhlenberg County Court Order Book 5, Page 179 - November Term 1845
Sale bill of the estate of Samuel Jackson deceased was returned in to court & ordered to be recorded.
An additional inventory of the estate of William Luce deceased was returned in to court & ordered to be recorded.
A majority of all the Justices in commission being present & concurring therein, proceeded to lay the levy for this county for the present year.
The county made debtor towit
To Charles F. Wing for exofficio services - $40.00
To Mrs. Julia Edwards for her blind child - $50.00
To Mrs. Browning, a poor person, to be placed in the hands of D.T. Short - $20.00
To William Martin, for 9 days services as comr. on common schools - $9.00
To James Wells, for work on public road - [blank]
To Andrew Glenn, for burying Michael Severs &c. - $9.00
To John Vickers, Commonwealth vs. Tho.s McGinnis - [blank]
To Bennet D. Bailey per accoutn - $5.00
To Moses Wickliffe, Judge to election at Skilesville - $3.00
To I.J. Baker, for same at same - $3.00
To J.N. Luce, clerk to election at Skilesville - $3.00
To John Campbell, Judge to election at Greenville - $3.00
To Strother Jones, Judge at same place - $3.00
To John Stembridge, clerk at Greenville - $3.00
To John Bland, Judge to election at Rumsey - $3.00
To Henry Myers John Vickers, same same - $3.00
To William Welch, clerk to same - $3.00
To John Vickers, for building bridge across Cypress - $157.83
To John P. Ward as pr. account - $1.50
To Jas. T. Quisenberry, for work on road - $0.75
To Samuel M. Edwards, a poor person - $30.00
To William Worthington, for work with team on road - $2.00
To Thos. J. Anthony, for work on road - $3.00
To Samuel Grace, for removing raft on Pond River - $8.00
To James Wells, for work on road as pr. act. - $2.25
To John Campbell, for settling with Sheriff 3 days - $3.00
[Total this page:] - $371.66
[Image]
Muhlenberg County Court Order Book 5, Page 180 - November Term 1845
Amount brough over - $371.66
To Joseph Short, for sign board - $0.50
To Daniel Gates, for same - $0.50
To Strother Jones, commissioner settling with Shff. - $3.00
To William Smith, a poor person, $4 pr. month in hands of J. Shelton[?] - $48.00
To Thomas Welbourn, for burying Mrs. Smith - $5.00
To William Bethel, a poor person, to be paid to Wm. Martin or three dollars per month - $36.00
To C.C. Oates, for work on road - $2.25
To B.D. Bailey, exofficio services - $20.00
To Charles Tyler, Shff. fo same - $20.00
To W.A. Eaves, pr. account for comparing rolls - $4.00
To G.W. Eaves, for same - $4.00
To Samuel Rhoads, for same - $4.00
To Thomas C. Summers, for work on road - $0.75
To Zachius Stroud, for sign boards - $3.00
To Raughley Sullivan, for work on road - $0.75
To Gabriel N. Shelton, for sign posts - $1.00
To George Tooley, for work on road - $1.00
To William Bell, for work on road - $1.50
To Lewis McCown, for sign boards - $2.50
To Hugh W. McNary, for work on road - $2.25
To Solomon Rhoads, as commissioner on bridge - $2.25
To Suthall Turner, patroller pr. act. (allowed)[?] - $0.50
To Thomas H. Akers, same - $1.50
To Miley Turner, same (captain) - $3.00
To Alonzo Livermore, for plan of bridge - $6.00
To Jeremiah Langley, for work on road - $1.00
To Alfred Low, for same - $1.50
To Charles Metzker, per account for work on road - $2.00
To Richard Guyn, pr. account as jailor - $65.00
To B.E. Pittman, county attorney - $100.00
One hundred dollars levied for the purpose of repairing jail - $100.00
To [ink blot] J. Turner, for work on road pr. act. - $1.00
To Joseph Turner, for same - $0.50
To Elizabeth Hendershot, for keeping P. Vaught's child till December 1845 Court 1845 - $5.00
To John McIntosh, to be placed in hands of Isaac Newman - $15.00
[Subtotal:] - $836.21
Depositum - $165.00
Sheriff Commission - $81.18
[Total:] $1082.39
Muhlenberg County Court Order Book 5, Page 181 - November Term 1845
By whole amount of debt - $1082.39
By 1968 tithes at 55 cents pr. tithe - $1082.39
Ordered that the Sheriff so soon as he gives bond and security collect from each tith[able] subject to pay county levy fifty five cents and pay the county creditors and the balance retain in his hands subject to the further order of the court.
Ordered that Hiram Lucket, Benjamin Jernigan, Isaac Luce and Samuel M. Ross, or any three of them, be and they are hereby appointed commissioners to let a bridgte across the slew on the road leading from Greenville to Morgantown & amek report as the law directs.
On the motion of Samuel D. Chatham, it is ordered that the order heretofore made by this count binding him to Albert Mercer (the said Mercer having left said Chatham) be and the same is hereby set aside and held for naught. [Image]
The court having heretofore levied eighty dollars for the maintenance of William Smith & wife, poor persons, and the wife of said William having departed this life, the allowance, after paying funeral expences, is reduced to the sum of fifty eight dollars, it is therefore ordered that the Sheriff retain in his hands $22. [Image]
On the motion of Thomas C. Summers, it is ordered that William C. McNary, Hugh W. McNary, John Fletcher & William Martin, or any three of them, be appointed commissioners to lay off & set apart to Mrs. Summers her dower in & to the estate of Charles Summers decd. & make report thereof as the law directs. [Image]
William A. Eaves & George W. Eaves, deputy sheriffs for Charles Tyler, sheriff, exhibited their lists Delinquent lists for the year 1845, which being examined and approved is ordered to be certified to the auditor of public accounts.
Muhlenberg County Court Order Book 5, Page 182 - November Term 1845
Isaac Newman vs. S.J. Grable
Continued
James D. Welborn, Plaintiff, vs. Benjamin Linton, Defendant, on an appeal
Continued
Grandison Catlett, Plaintiff, against Samuel Rhoads Jr., on an appeal
Continued
Daniel Stroud, Plaintiff, against Reuben Stroud, Defendant, on appeal
Ordered that an alias summons be awarded herein against the defendant returnable here at the next court.
Grandison Catlett, Plaintiff, against Samuel Rhoads Jr., on an appeal
Dismissed
Thomas S. Kirtley, Plaintiff, against George Vanlandingham, Defendant, on an appeal
Continued
Ordered that the court be adjourned until court in course
John Campbell JP
Muhlenberg County Court Order Book 5, Page 183 - December Term 1845
At a county court began and held for the county of Muhlenberg at the courthouse in Greenville on Monday the 29th day of December 1845.
Present Strother Jones, John Campbell, Moses Wickliffe, S.M. Wilkins
A settlement made with the Admr. of Thompson Miller deceased was again returned in to court & having laid over one term as the law directs is ordered to be recorded.
A settlement made with the Admr. of Cornelius Bodine was presented to the court & being examined is ordered to live over.
A settlement made by commissioners with the Sheriff B.D. Bailey for the levy of 1843 collectable in 1844 was presented to the court & ordered to be recorded.
Edward R. Weir, county treasurer, exhibited in to court his report as such, which being examined is ordered to be recorded.
Present Jno. W.I. Godman Esqr.
The persons appointed for that purpose reported that they had viewed & marked out a way for a road to lead from the coal bank (McLeans) on Green River to Greenville which report was received. Ordered that summons issue against the several proprietors of the land through which the same shall pass returnable to the next court.
The persons appointed to view & mark out a way for a road to lead from the Rumsey Road to Carrolton made their report which was received. Ordered that the Sheriff summon the several proprietors of the land through which the same is viewed & that a summons issue for that purpose returnable here at the next court.
The court appointed William G. Jones commissioner of the tax in the lower battalion in Muhlenberg County for the year 1846 who thereupon took the oath prescribed by law & together with James W. Rice & A.M. Drake, his security, executed bond in the penalty & condition as the law directs.
Muhlenberg County Court Order Book 5, Page 184 - December Term 1845
The court appointed Samuel W. Earle commissioner of the tax in the upper battalion in the county of Muhlenberg for the year 1846, who thereupon took the oath prescribed by law & together with Barnet Eades & Bailess E. Oates, his security, executed bond in the penalty & condition as the law directs.
Inventory & appraisement of the estate of Nathaniel Brown deceased was returned in to court & being examined is ordered to be recorded.
Sale bill of the same, returned & ordered to be recorded.
Charles F. Wing, clerk to this court, presented his account against the Commonwealth amounting to $12 which being examined & allowed is ordered to be certified to the auditor of public accounts.
George Vanlandingham, Plaintiff, against Thomas S. Kirtley, Defendant, on appeal
Continued
Daniel Stroud, Plaintiff, against Reuben Stroud, Defendant, on an appeal
Continued
James D. Welbourn, Plaintiff, against Benjamin Linton, Defendant, on an appeal
Continued
Isaac Newman, Plaintiff, against S.J. Grable, Defendant, on a summons
Continued
{fees chgd. to here} Ordered that the court be adjourned until court in course
John Campbell JP
Updated January 30, 2020