Caldwell County Court Order Book B1, 1810.

This Caldwell County material is provided by Happy Greer, braimer@kiwi.dep.anl.gov who transcribed and abstracted it from microfilmed copies of the original Court Order Book.


=================================================================================
Extracts Caldwell Co,KY,Court Order Bk.B1, 1810:
=================================================================================

JANUARY 1810 2nd day, p. 59--
Inventory & Appraisement of Estate of Wm. MAXWELL,decd.,Returned
into Court by Wm. MAXWELL the Exor of Said Estate & Ord.Rec.

On mo. of Jacob DOOM by his attorney ord. by the court that a
Ferry be established across the Cumberland River at the place
where Isaac HUDSON now Resides on Said River upon his entering
bond with Henry DOOM his Security in penalty of Ł20 conditioned
according to Law

The following Rates of Ferriages are allowed across the Cumber-
land River in this county Towit, For every coach, Waggon,
Charriott and the driver, the Same as for six Horses, For
every four wheeled chaise, phaeton and the driver the Same as
for four Horses: and for every two wheeled Riding carriage
the Same as for two Horses, and for Every Hoggshead of Tobacco,
the Same as for one Horse, for every head of Neet cattle, the
Same as for one Horse, For every sheep, goat, hogg, or lamb,
one fifth part of the Ferriage of a Horse, and for Every
Horse [cont'd p. 60]

Jany 1810 2nd day, p. 60-- Six and one fourth cents, For every
man & Horse ten? and 1/2 Cents and the Several Ferry Keepers are
to demand and receive the Same & no more.

Ord. Isaac BROWN Senr. be apptd Surveyor of the rd from the creek
at Centreville to Joseph GILMOREs and ..he with all the hands
living within three miles of the road on Each side, do open and
keep same in repair agreeable to Law.

Ord. John HERRIN [Joseph Gilmore crossed out] be apptd Srvyr of
the road from Joseph GILMOREs to opposite Capt. SON and he with
all hands living within 3 miles of sd rd on Either side therof
do open and keep the same in Repair agreeable to Law.

Ord. Joseph LUCK be apptd Srvyr of road from Capt. SONs to PEYTONs
Ferry on Tradewater and that he with all hands lvng within 3 miles
of Either side sd Rd, open and Keep Same in repair

     Present David JAMES Esqr.
An allottment of the Hands to work on road wherof Stephen LACY is
Srvyr was this day ret'd into Court by David JAMES Esqr.

Ord. that Jesse B. PEMBERTON, Arthur H. DAVIS, William BROWN,
Martin OLIVER & Richard HAYS (NOTE: "ZACHARIAH MATLOCK" crossed
out) or any 3 being first sworn view and mark out a Rd the nrst
& Best way from or near JESSE.....

FEBY. 1810, p. 70--
John COOK who has been Security for Seth BAKER Admr of James
BAKER decd. came into court and ackd. notice, whereupon he said
COOK, was released from Said Securityship and Arthur H. DAVIS
ent'd into & ackd. bond in his stead

Ord. James SMART appd. Overseer of the road from Joseph COBBs
to Saml. SMITHs, and Jarrett MOSS said SMITHs to the Cave springs
at James MORSEs and James MORSE from thence to the top of the
Ridge Between Horatio DURBYs (or Dunleys?) & James GREERs & Richd.
DAVIS from thence to Tradewater At BATES ford, and Isaac BROWN
Esqr. be apptd to allott the hands to work thereon, & Ret. an
allottment to the court.

Ord. John PRYOR, Zedekiah LEDBETTER, Joel REYNOLDS, William
REAVES and Harry DARNALL or any 3 be appd. to View a road from
the state line on Tennessee River the nearest & Best way to
Harry DARNELs & Report to next court. And that Jacob LEWIS,
William BOND, James ADAMS, Alexr. ANDERSON, & John LEWIS or
any 3 being first Sworn be appd to View a road from Harry DARNALs
the nearest & Best way to the county line on a Direction to
Mouth Cumberland & Report to next court.

MAY 1810, p. 78--
Present Wm MITCHUSSON, Isaac BROWN & David JAMES Esqrs.

The Viewers appd by the Court at Feby Term last to View a road
>from the State line on Tennessee River the nearest & Best way
to Harry DARNALs this day reported the same in these words toWit.
which is filed & O.R. and it is Ordered that a Spa. [subpoena]
issue to Summon the land holders this which said road is to pass
to appear & Shew cause if any why the same shall not be estab-
lished according to law

On mo. of Nancy REYNOLDS ord. John MITCHUSSON be apptd guardian
to Rebeccah REYNOLDS infant 5 years old 3rd Decr. 1809 of Polly?
REYNOLDS whereupon the said MITCHUSSON came into Court together
with Edward MITCHUSSON his Security and Exd. bond in the penalty
of $1000 conditioned according to law payable to Com Ky

[NOTE: the following entry was X'd through and the word "Error"
written beside it in left margin]
On Motion of Wm HOLLAND and with the leave of the court he is
exonerated as security for Polly GREER admx of Jonathan GREER
decd. whereupon Isaac GREER came into Court & Exd. and ackd.
bond in his stead in penalty of [con. p. 79] $500--payable to
Commonwealth Ky. Conditioned according to law.

May 1810, p. 79 continued--
Present E. G. GALUSHA Esqr.  Absent
On mo. of John DENLEY (or Durby?) ord that a spa. be au'd. agt
Wm JONES a Witness to a Deed from Hugh KILGORE to John Denley
(or Durby) to prove the same &c.

On mo. of Saml. C. CLARK he is appd. Constable for the County
of Caldwell upon his giving bond with Griffin LONG & Peter
HILDRITH his secy Payable to Com Ky in Sum of $500 conditioned
according to law whereupon he exd. bond as afd. & took Oaths
reqd. by law &c

On mo. of George ROBISON who made Oath as law directs with
the leave of the court letters of admn. is Granted him on the
Estate of George ROBISON Decd. upon his giving bond to the Com
Ky. in the sum of $200. together with Nathl. DENNIS, Danl.
DUNKLIN whereupon they came into court exd. & ackd. bond as afd.
& the said George ROBINSON took the oath reqd. by law

Ord that Joseph MORGAN  David CAMPBELL...

AUGUST 1810, 2nd day, p. 94--
..the proportionable part of the Estate? left her by the Decd.
Edwd. REYNOLDS the Sum of One Hundred & Sixty two dollars for
schooling said Rebecah three years & cloathing & boarding her
("for the term of said year" crossed through) until she arrives
to the age of Twelve years

Ord Edwd. MITCHUSSON Return out of the Estate of Darlin REYNOLDS
___  and orphan of Edwd REYNOLDS decd. the sum of Sixty dollars
for the purpose of schooling said Darlin two years cloathing &
schooling him until he arrives to the age of twenty one years

Ord Rufus BEECH be appd. Commission of the Tax for the Present
year in the Militia Company wherof Danl. CRIDER is Capt.

Present John BRADLEY  Wm. ANDERSON & W. GILLEHAN

A Precinct of the road wherof Andrew GEORGE is Surveyor as follows
toWit.[cont'd on p.95]

August 1810 2nd day, p. 95--
Beginning on the Eddy Creek at the mouth Bells branch thence to
Include John YOUNG, thence to McNABBs Creek, to the County line
at the head of Harricane creek thence along the County line to
include John ANDERSONs, thence to the Widow GREERs including her,
thence down the creek to James DOBBINS to Include him, thence to
include Job CHERRIEs, thence to FREEMANs mill including M.
FREEMAN thence down Eddy Creek to Beginning

It is agreed & ord by the Court that Wm. & John BEAN, John
ATCHESON, & Danl. DAVIS in the foregoing Precinct is allotted to
work on the road wherof Jesse KUYKENDALL is Surveyor.

A Boundary of the Precint of the Road Wherof Jesse KUYKENDALL
is Surveyor towit Beginning at Wm. DOBBINs, thence to Wm. ATCHESON
thence straight course to the 1/2 mile? tree? near Eddyville
thence to the Beginning including all the hands

August 1810 2nd day, p. 98--
The last will and Testament of James GREER Senr. dec'd. was pro-
duced in Court by the Exor named in said Will & proven by the
Oaths of John MERCER & Isaac GREER the Subscribing Witnesses
thereto & O R.

On Motion of Elizabeth GREER Exor of the last will and testament
of the Estate of James GREER dec'd. She is appd. Exor to said
Will upon her entering into bond in penalty of $400 Conditioned
according to law with John MERCER her Secy. Whereupon she took
the necessary Oath req'd. by law & Exd. and ackd. bond conditioned
as afd.

Ord that John ANDERSON, Wm. ANDERSON, John HOLLAND, James
DOBBINS, & James D. PUCKETT or any 3 be appd. to Appraise
the Estate of James GREER dec'd. according to law & Return an
Inventory thereof to next Court agreeable to Law.

The Last Will and Testament of the Estate of Wm. GILKEY dec'd.
was produced in [p. 99]--Court and proven by the Oaths of James
GREER & James GREER Jr., 2 Subscribing Witnesses thereto &. O.R.

Ord. that Court adjourn until Court in Course.
Wm. GILLEHAN JP

3rd day August, p. 99--
At a County Court held for Caldwell County at the courthouse
in Eddyville on the 3rd. day of August 1810.
Present  B LANGSTON  Wm H LACY Josiah WHITNEL}
         Alexr. STEVINSON  Arthur H. DAVIS   } Gent. Justices

Ordered that George FOGLEMANs Ear mark be recorded as follows.
towit George Foglemans, ear mark towit (sic) a crop of the left Ear
and slit and underbit out of the Right Ear.
June 4th 1810. /George Fogleman

Ordered that John PRINCEs Ear mark be Recorded as follows.
John PRINCE Enters the following Ear mark a swallow fork out
of the Right Ear & an underbit out of the left Ear
June 5th 1810.  Jno PRINCE


SEPT. 1810 Monday, p. 102--
Present Saml. GLENN  John MERCER & Wm. MITCHUSSON
Absent  Arthur H. DAVIS Esqr. & J WHITNELL & John MERCER Esqr.

Richard HAYS Appellant
      against         }On an Appeal
John COOK     Appellee
This day came the Parties by their attornies & Sundry Witnesses
being Sworn and Examined on both sides and argument of Counsel
being heard and mature deliberation being had by the Court It
is therefore Ordered the Judgement of the Magistrate below be
set aside & held for naught & that the Appelle recover ag. the
appellant his [costs?] by him in this behalf expended

Ord James CUNNINGHAM be appd Overseer of road from the Ridge
between James ___? and HUBBS, to the Ridge between sd.
CUNNINGHAM['s] house and John PHILIPS Senr. & that he with
Claibourne BARNETT  Tho ANDERSON, John WA__?, Gilford BURNS,
Aaron GREER, Reuben SNETHEN, James STEWART, Wm. B BARNETT, Wm
BOND, Richd. BOND?, David JONES, Banister WADE, Tho HOLCOMB,
Wm. DUNCAN, Asel DUNCAN, Andrew DUNCAN, Isaac GREER, & Abraham
LINDSEY do open & Keep the same in repair agreeable to law

Monday Sept 3rd 1810, p.103--
Richard HAYS  Appellant
   against              } On an appeal
John COOK  Appellee Defendant
This day came the parties by their attornies and sundry Wit-
nesses being sworn and examined on both sides & argument of
Counsel being heard It is therefore Ord by the court that
the Judgement of the Magistrate below be Set aside and held
for naught, and that the Appellant Recover against the ap-
pellee his costs by him in this behalf expended & the sd.
Appellee in Mercy & c.

The Viewers appd. by court to View a road from Wm MITCHUSSONs
to the road at Andrew GEORGEs this day Retd their Report..it
is further Ordered that a spa. be awarded to the land holders
according to law

Ord the following hands be allotted to work on the road whereof
James HOLLY is Surveyor towit Jas BANISTER, Wm BUSH, Tho EAST,
Levi DAVIS, Barnett JAMES Junr., Jesse GREER, Wm WOMACK, Green
WOMACK, Jeremiah HUBBS, David OSBORN, Arthur JENKINS, Saml.
FOWLER  Larkin FOWLER, Jesse BIRDSONG, Michl MOBLEY  Isaac
HARPER [con. p. 104]
                         [Note: an interlineation precedes
these names but the names were written over and can't read
them, except for a phrase "INGRAMs to C. CLINE"]

Monday Sept 1810, p. 104--
[con. from p. 103] Bowlen HARPER, Walter THITFORD, Geo McDOWELL,
Thos LONG, John CONNELL, Jas. THETFORD, & Cha CARTER
Present Arthur H DAVIS

Absent B. LANGSTON, John MERCER, Wm. MITCHUSSON Esqrs.

Ord. Andrew GEORGE, Washington TH[OMPSON], Robt.PARKER, Arthur
H DAVIS and James DOB[BINS?] or any three Who being first Sworn
do View & mark out road the nearest & best way from Eddyville
to Lewis WOLFs old place & make report to next court

Ord Joel SMITH be appd. Overseer of the ro[ad] from Eddy creek
to the crossroads beyond Chs _____ and that he with all hands
living within the following bounds towit Begin.g at Wm GILKEYs
old place & running a direct course to McNabbs creek between
Nathaniel CANNON (or Camron?) & Stephen ROACH? & from thence
so as to include John YOUNG & from thence to the mouth bells
branch to thence up Eddy creek to Freemans mill including
M FREEMAN from thence to the Beginning including GILKEYs old
place

Monday Sept 1810, p.106--
Ord the following hands towit, Tho GREER, Aar[on] GREER, Isaac
GREER, Levi GREER, Jesse JENKINS, Hugh McWATERS, Geo FOGLEMAN,
John MOORE, Jacob BRADBURY jr & Jacob BRADBURY Senr. Wm GUTHRIE
Chs. CONILEY &     HUTSON, James HAWKINS & Benjn HAWK[INS] be
appd to work on the road wherof Tho GREER is Overseer he with
the sd. hands do open and keep same in repair agreeable to law

Ord that a summons issue (on the petition of John DRENNON &
Abner SMITH) secys, for Rachel CANNON admr of Knison CANNON
decd. to the admr of sd Estate to appear at next Court & Shew
cause if any why they shall not be dischd.

On mo. of Elijah G GALUSHA and he produc-- legal notice It
is Ord. he be discharged as Security for Moses TIMMONS Jailor
of this County and Wm BIRDSONG entd himself as Counter Scry.
Who ackd bond $1000 according to law

Ord John DAY be appd Over seer of the road in room of Griffin
LONG from Widow BAKERs to Livingston Creek and then on direction
to Sa__ & that he with all the hands living Within __ miles of
Either side of sd Road do open and keep the same in repair
agreeable to law

Monday Sept 1810, p. 107--
Ord the Shff of this County let to the lowest bidder the building
of a stray pen for this County of the following Size and de-
scription towit 40 feet square of mulberry posts, Six rails 10
feet long ["high" crossed out] of good strong oak, five feet high
at least, a good &Sufficient gate & lock, the undertaker to give
bond with sufficient Secy. to perform the same in a good workman
like manner to be performed by the next County Court, & to be
paid out of the next County Levy

Ord that Court adjourn until tomorrow 9 Oclock

On Mo.of Hannah GILKEY and with the leave of the Court She is
appd exor of the estate of Wm GILKEY decd. (the exors named by
the decd. Refused to act as exors) upon her entering into bond
with John MERCER & Wm BIRDSONG her secys in the sum of $500
payable to Com Ky. Whereupon they severally exd & ackd bond
conditioned as afd according to law

Sept 1810 Monday, p. 108--
Ord James DOBBINS, James GREER, Wm. HOLL[AND], Zebulon B HUBBORD
& Job CHERRY or any being first sworn do appraise the estate
of Wm GILKEY decd. & that the Exor Return Inventory to next
Court agreeable to law

On mo. of William JOHNSTON and he making satisfactory proof to
the court that he was improperly charged in the tax list of 1808
with tax on a negro boy who was not of legal age to be taxd which
is Ord to be Certd. &c

On mo. of Josiah WATSON It is Ord that he be exempt from payt of
County Levies & Working on roads in future & that Morgan? (or
Margar[et]?) DODDS be exempt from paying levy for one negro woman
named JANE? in future

Ord that Court be adjournd. until tomorrow 9 oclock/J MERCER.

Tuesday September 4th 1810, p. 108--
Present  Wm MITCHUSSON David JAMES Bennett LANGSTON & N CRAVENS
Esqr.

NOVR. 1810, p. 115--
Ord. John BEARDON Shff of this County be allowed the sum of $19.
for part of his Exo Services rendered in Livingston County in
1808 & 1809 which is to be paid Out of the money Supposed to
be in Elijah G GALUSHA hands which said GALUSHA hath attained?
in his hands as fines &c collected from Different people

On mo. of James GREER & Wm GREER with leave of the Court Letters
of admr. is Granted them on the estate of James GREER decd. Who
took Oath &c. and Exd bond with Jno MERCER & Wm BIRDSON[G] their
Secy. Penalty of $600. payable Com Ky. the Court having previously
Granted an exorship to Elizabeth GREER on sd Estate & she hath Decd.
Without acting

Ord that Robt PARKER  James DOBBINS Wm HOLLAND John ANDERSON &
James D PUCKETT or any 3 be appd to appraise the estate of James
GREER decd. & Return Inventory to next Court

Ord Court adjourn until to Morrow 8 o clock
Wm. MITCHUSSON

p. 117--
and that he with John JENKINS Wm JENKINS, Wm. GILKEY Charles TRUN?,
Wm HOLLAND  John HOLLAND Vincent HOLLAND Wm BIRDSONG, James RUCKER
Jerry RUCKER Jno. COOK Arthur H DAVIS  Jna. CHEEK, Isaiah ROE, Edwd
MITCHUSSON Jno MITCHUSSON Wm MITCHUSSON Jas F MITCHUSSON Wm JONES
Silas BEASLEY James SATERFIELD John FORD, Wm ALTORN Wm LEECH,
Wm GRAY Samuel UNDERWOOD Nicholas THOMPSON John FOWLER Wm OSBURN
James WADLINGTON jr. & Tho HUBBARD & John WEIBLE and their hands
do open and keep the same in repair agreeable to law.

Ord James D PUCKETT be appointed Srvyr of the road from Dry fork
road near JENKINS to Andrew GEORGEs and that he with James HALL
Saml. BRADSHAW, Wm SHORT, John KELLY, Evan KELLY Peter KELLY,
Joshua (or Josiah) THORNTON  Bazil GEORGE  Andrew GEORGE Wm FORD
Wm THORNTON  Mark THORNTON  Wm ROACH  John ROACH, John ANDERSON,
Jacob CHERRY  Evan ROBERTS, Mordecai FOWLER, Tho BARLOW  Wm. LOFTIN,
John GRAY  Little B. COTTON, Wm. RANDOLPH  James RANDOLPH   Geo W
THOMPSON  Robert PARKER  Martin HALL, Zadock ADAIR, Whitnel REDDICK
James CARAWAY, Wiley DAVIS, John FAUGHN  James FAUGHN James GREER
& Wm GREER, Tho BOLIN, Bolin JENNINGS, Tho HUTCHINS & their hands
do open & Keep same in Repair