CountyCourtBook1-FranklinArkansas
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Page 29 At the request of H B Rose Esquire, the court appointed a patrol for Lower Township consisting of C B Ivy Captain, A H Cowin, E E Davis, Oliver Wood, D D Cork, Sam'l [Samuel] Hixson, Noah Davis, H J Dewitt, George Grounds, David Fort as his assistants, the night of week and the numbers of hours for duty to be left at the discretion of the Captain of said patrol. | Page 29 At the request of H B Rose Esquire, the court appointed a patrol for Lower Township consisting of C B Ivy Captain, A H Cowin, E E Davis, Oliver Wood, D D Cork, Sam'l [Samuel] Hixson, Noah Davis, H J Dewitt, George Grounds, David Fort as his assistants, the night of week and the numbers of hours for duty to be left at the discretion of the Captain of said patrol. | ||
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+ | ==Entry 125== | ||
+ | Session Tuesday [16 Jul 1839] A Henderson, Probate Judge | ||
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+ | ==Entry 126== | ||
+ | Ordered reappointment of John Moore, admin of John Moore | ||
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+ | ==Entry 127== | ||
+ | On petition of Jesse Turner, admin de bonis non of William Whitson, ordered that he be authorized to sell land: W1/2 of NE 1/4 of Section 6, Township 10 North, Range 28 West 40 acres on 17 Aug 1839 at Whitsontown, Franklin County | ||
[[Category:Franklin County, Arkansas]] | [[Category:Franklin County, Arkansas]] |
Revision as of 08:10, 22 December 2007
Franklin County, Arkansas : First County and Probate Court Minutes Book (1838-40), with an every-name index, compiled by Will Johnson, wjhonson@aol.com, Professional Genealogist. Privately published, copyright 2005. The index to this book is here.
This page is NOT YET fully loaded, there are 215 entries in total.
Entry 1
Franklin Co, Arkansas County and Probate Record LDS Film #1027667 Item 3
Entry 2
Page 1 Session 19 Feb 1838 Present the worshipful Alfred Henderson, James Gilbreath, D L Bourland, Joseph Lewis and Jonathan Eppler
Entry 3
Samuel Evans presented a commission appointing him clerk of Franklin Co, took oath, entered bond and security.
Entry 4
The court proceeded to the election of a County Judge, resulting in the election of Alfred Henderson, Esquire
Entry 5
Ordered William Cureton, [??] [Asa?] Hogan, Arthur Hicks, J H Newman, William Haile [?] appointed commissioners to review and mark out a road leading from Ozark to the Johnson County line
Entry 6
Page 2 Ordered Thomas Morris, William Haile, Wilkinson Stout, William H Johnson and Jesse Miller commissioners to review and mark out a road leading from Ozark and crossing at or near the mouth of White Oak thence in the direction of Van Buren so as to intersect the main road leading from Little Rock to Van Buren
Entry 7
Jonathan Eppler commission appointing him a Justice of the Peace
Entry 8
Joseph Lewis commission appointing him a Justice of the Peace
Entry 9
Proceeded to the election of two assistant justices whose duty it shall be to sit with the County Judge and aid and assist him in holding the County Courts. D L Bourland and Joseph Lewis were so elected.
Entry 10
Session 20 Feb 1838 Page 3 Present the worshipful Alfred Henderson, James Gilbreath and D L Bourland
Entry 11
Ordered that the elections in Mulberry Township be hereafter held at the Town of Whitsontown and that the present Judges continue to hold said elections
Entry 12
Ordered Webster McCaslin be appointed overseer of the road leading from the South Bank of the Arkansas River opposite the Town of Ozark to intersect the road leading from Rose's Store to Scott County line at a point so that both roads shall pass through the swamp on the Hurricane fork of Six Mile Creek at the same place and that said overseer be authorized to open said road thirty feet wide and call to his aid any force necessary to enable him to enforce this order and that Joseph Servis [?] [Scruis?] Esquire be appointed to apportion the hands to work on said road and report the same to the overseer.
Entry 13
This court session signed A Henderson JP, D L Bourland, and J S Gilbreath
Entry 14
Page 4 [this page is blank]
Entry 15
Page 5 County Court at Ozark Monday 16 Apr 1838 Alfred Henderson Judge
Entry 16
James M Christian produced a deputation from Samuel Evans Clerk appointing him deputy clerk - approved
Entry 17
Ordered Absalom Wood be appointed overseer of the road leading from Joseph Russell's in the direction of Little Rock to the Johnson County line and that Henderson Bourland be appointed overseer of said road from Joseph Russell's in the direction of Van Buren to the line dividing the Township of White Oak and Mulberry and that James Gilbreath Esquire apportion the hands to said overseers
Entry 18
Page 6 On petition ordered that the Township of White Oak be divided [describes a line]. And that the territory lying North of said line be erected into a new and distinct Township to be called and known by the name of Boston Township and that the place of holding elections in said township be at the house of Edwin Marsh and that Robert Hodges, George Russell (Upper) and George Russell (Lower) be appointed Judges of Election in said township.
Entry 19
Session Tuesday [17 Apr 1838] Alfred Henderson Judge
Entry 20
Robert Russell produced a deputation from Jesse Miller, Sheriff, appointing him Deputy Sheriff – approved
Entry 21
Ordered Henry Turner appointed admin of John Turner - Bond $2200 Joseph T Turner, Robert Russell security
Entry 22
Ordered Jesse Turner appointed admin de bonis non of William Whitson Bond $800 Jesse Miller, Arthur Hicks security
Entry 23
Ordered Nancy Caulk be guardian for David D Caulk and Robert Caulk minor heirs of [blank], over 14, court requires bond of $1700
Entry 24
Page 8 The road commissioners for road leading from Ozark toward Van Buren and to cross White Oak Creek at or near the mouth and to intersect the Mulberry road leading to that place at or near Moore & Henderson Mills, made report - approved. James Ward appointed overseer and that James Gilbreath Esquire apportion the hands.
Entry 25
The road commissioners for road leading from Ozark to Johnson County line in the direction of Clarksville, made report - approved. Joup [Joress?] G Barclift be overseer of said road and James Gilbreath Esquire apportion the hands.
Entry 26
Ordered John Bourland be released as overseer of road leading from Little Rock in the direction of Van Buren from the line dividing Mulberry and White Oak Township to Big Mulberry Creek and that Riale Bryant be appointed overseer of said road and D L Bourland Esquire apportion the hands.
Entry 27
Session Monday 15 [?] Jul 1838 Page 9 Alfred Henderson, County Judge with Jas [James] Gilbreath, D L Bourland assistant justices
Entry 28
James M Christian, appointed clerk for Franklin County [crossed out]
Entry 29
D L Bourland commission appointing him Treasurer for Franklin Co
Entry 30
On motion, ordered that the pauper May who now resides at the residence of Madam Woolf's in McLeans Bottom, be sold to the lowest bidder between this and the next term of this court [crossed out]
Entry 31
On motion, ordered that Madam Woolf be compensated $15 for keeping said pauper for a term of seven weeks
Entry 32
On motion, ordered that the Sheriff be authorized to dispose of the said pauper May who is in the care of Madam Woolf on the best possible terms and report to this court on tomorrow [crossed out]
Entry 33
Page 10 On motion ordered that Sabert Scott be allowed one dollar for each and every day he may keep the said pauper May who is in the care of Madam Woolf from this to the next term of this court or so long as he may live or otherwise disposed of
Entry 34
Ordered that half of Range 29, the whole of Range 28 and two miles of the West part of Range 27 be a new township named Prairie and the election place shall be at William Barnards residence and the election judges shall be John Quesenberry, Masten P Pool and Sabert Scott
Entry 35
Ordered Daniel H Carns [Karnes, Carnes] be overseer on Ozark Road leading from Ryal Bryant to the township line and that D L Bourland apportion the hands.
Entry 36
Ordered an election in Boston, Sat 28 Jul 1838 for Justice of the Peace and one constable
Entry 37
Ordered that John S Estell be allowed $11 against the estate of William Whitson
Entry 38
Page 11 Ordered that John Hail, Enoch Berry, James Murphy be commissioners to view and mark out a road from Ozark in the direction of Boonville, Scott County, to intersect road from McLeans Bottom to Boonville at or near the county line.
Entry 39
Ordered Webster McCaslin, Ryal Bryant, Wilkerson Stout commissioners to view and mark out a road commencing on the South bank of the Arkansas River at Clemmons and Jenkins Ferry, leading South to Section 32, thence to the narrows on Six Mile [Creek]
Entry 40
Ordered William W Scott, William Barnard, Thomas St Clair commissioners to view and mark out a road commencing on the South bank of the Arkansas River opposite Ozark, running the nearest and best way to where the Chastain Trace crosses the county line.
Entry 41
Session Tuesday [16 Jul 1838] Alford Henderson Judge Jas [James] Gilbreath, D L Bourland associate justices
Entry 42
James M Christian, commission appointing him clerk for Franklin County
Entry 43
Page 12 Ordered Wm [William] H Johnson appointed overseer of road from the mouth of Mulberry [River] to the town of Crittendon and A Henderson Esquire apportion hands
Entry 44
Ordered John B Bourland, John Steel, Rial Bryant appointed Judges of Election in Mulberry Township, elections to be held at Whitson Town
Entry 45
Ordered Kendal Webb, Ely Paty and Joseph Russell be Judges of Election in the Town of Ozark
Entry 46
Ordered that the place of holding elections in Lower Township shall be at Rose's Store and Edward Davis, George Grounds and Oliver Wood be election judges
Entry 47
Ordered Jesse Miller be allowed $10 for furnishing seats for the use of the court
Entry 48
Ordered Thomas F Kennedy and Co be allowed $11 for Journal and Pine boards.
Entry 49
Ordered William Curston [Cureton ?] be allowed to keep a ferry at Ozark for 12 months by paying $4 to the county
Entry 50
Page 13 Ordered Jesse Miller be allowed $26.90 for official services
Entry 51
Ordered Samuel Evans be allowed $57 for paper books and official services
Entry 52
Session Mon 15 Oct 1838 Alford Henderson, James Gilbreath and D L Bourland assistant judges
Entry 53
Ordered Sabert Scott be allowed $47.50 for keeping a pauper 47 1/2 days
Entry 54
Ordered the Sheriff to pay John B Bourland $4.40 for property overtaxed
Entry 55
Ordered that the road leading from Clements and Jenkins Ferry in the direction of Scott Co be established a county road and that Thomas Aldridge be overseer on the part leading from the ferry to A J Spegles and John Barnard be overseer of the other end to the county line and Jonathan Eppler apportion hands.
Entry 56
Page 14 Ordered that the road leading from Ozark to the county line in the direction of Clarksville which was opened by subscription from Ozark to the county line of Johnson Co be appointed a county road and William Cureton be overseer to keep up said road and James Gilbreath Esqr apportion the hands.
Entry 57
Ordered George Russell "Lower" be overseer on the Fayetteville Road leading from Ozark commencing at the line between White Oak and Boston Townships and work to upper George Russells and that upper George Russell ["upper George Russell" is crossed out] be overseer on that part leading from his house to the County line, James Gilbreath apportion hands.
Entry 58
Ordered $4 be allowed to Ryal Bryant for viewing road from Jenkins Ferry in the direction of Booneville, Scott Co and Wilkinson Stout $4
Entry 59
Ordered Sabert Scott, William Barnard, Webster McCastin be viewers of road leading from Ozark to intersect the road leading from McLean's Bottom to Boonville, Scott Co near the narrows of Six Mile Creek
Entry 60
Page 15 Ordered $2 be allowed John Hail for viewing road from Ozark to the narrows on Six Mile Creek and $4 to Enoch Berry
Entry 61
Ordered A Henderson be allowed $15.10 for holding inquest over the body of Col John Lasater
Entry 62
Session Tuesday [16 Oct 1838] Alford Henderson Judge assistant judges James Gilbreath and D L Bourland
Entry 63
Ordered that Jesse Miller, Sheriff be allowed $21.40 for serving road orders and attending county court
Entry 64
James W Pendleton produced a deputation from James M Christian, Clerk, appointing him deputy clerk
Entry 65
Ordered that the part of the road from Ryal Bryants to William Merediths be disannuled [?] and that John C Nickson, Charles Whitson and Charles Jones be a Jury of Review to mark out a road from Pleasant Hill to William Merediths and make report.
Entry 66
Page 16 Ordered Kendal Webb be overseer of road from Ozark to Van Buren and repair the road from Ozark to the first Hollow beyond the big Hill between Ozark and William Merediths and Miles Williams be overseer from the Hollow to where the stage road intersects the road leading from Joseph Russell’s to Van Buren and E [Ephraim ?] Bourland Esquire apportion the hands.
Entry 67
Ordered A Henderson, County Judge be allowed $24 for holding court April, July and October
Entry 68
Ordered James Gilbreath Esquire be allowed $12 for assisting April, July, Oct
Entry 69
Ordered D L Bourland be allowed $12 for assisting April, July, Oct
Entry 70
Session Mon 21 Jan 1839 at Ozark Page 17 Alfred Henderson, William Scott, Smith Hunsicker, D L Bourland
Entry 71
Election of two assistant justices; D L Bourland, Smith Hunsicker
Entry 72
William Scott, Luke Huggins, D L Bourland and Anthony Brown produced their commissions appointing them Justices of the Peace
Entry 73
James W Pendleton produced a commission appointing him clerk
Entry 74
William Scott and Edward Davis Sr made oath as witnesses to the last will of Henry Davis deceased
Entry 75
Nancy Caulk presented a bond with David Fort and George Grounds security as guardian for her five children: Robert [Caulk], David D [Caulk], Eliza [Caulk], George [Caulk] and Benjamin [Caulk]
Entry 76
Page 18 Ordered Williams Stamp be overseer of road from Ozark to Moore and Henderson Mills, on so much of said as from Ozark to within one mile of White Oak Creek, and James Blackwell be appointed on the other portion to wit from within mile of White Oak Creek to Moore and Henderson Mill and Smith Hunsicker Esquire to apportion the hands.
Entry 77
Ordered Noel S Riffe be overseer on road from Ozark to Jno [John] Sims on the Boston road and William Wisdom be overseer on said road from Jno [John] Sims to the fork of the old road, on the other side of Rock creek, and James Gilbreath Esquire apportion the hands.
Entry 78
Ordered Joshua Fisher be overseer of portion of main road leading from Big Mulberry to the Crawford County line and A Henderson apportion the hands
Entry 79
Ordered that $3 per month be allowed Mrs Phelps for the support of herself and family and Joshua Fisher appointed to disburse the said money
Entry 80
Ordered John B Kendall overseer of road from Ozark to Van Buren in so much as from Ozark to the Prairie Branch on said road and Henderson Bourland be overseer from the Prairie Branch to the Rock road at E [Ephraim?] Bourlands and H G Bourland Esquire apportion hands.
Entry 81
Tues [22 Jan 1839] Page19 Alfred Henderson, assistants D L Bourland, S Hunsicker
Entry 82
The commissioners appointed to review the road from William Merediths to Pleasant Hill do find the old route which the stage now runs to be the best way intersecting the Little Rock road to Van Buren at the South West corner of E [Ephraim ?] Bourlands field: J C Nixon, C [Charles?] Whitson, Charles Jones
Entry 83
Noah Davis presented a bond as Constable, security (Jesse Miller, David Fort) of Lower Township
Entry 84
H B Rose presented account against estate of Jonathan Clark, decd, proven before Will Scott JP for Lower Township by Samuel M Weaver for $10.31 which was allowed
Entry 85
Ordered that the County Tax remain as last year except the Poll Tax which shall be [???] to fifty cents a head.
Entry 86
Ordered that D L Bourland as compensation for receiving and paying over to the Clerk of Crawford Co 8% on the amount of $397 which is $31.76 be allowed
Entry 87
Page 20 Ordered John Moore, admin of John Moore dec'd to sell negroes of estate on credit of six months
Entry 88
James M Bretton presented a commission from the Gov of Arkansas appointing him Coroner of Franklin Co with Anthony Brown, David Fort, William Scott security, bond $5000
Entry 89
Alfred Henderson presented a commission from the Governor of Arkansas appointing him a Justice of the Peace for the County of Franklin
Entry 90
Ordered $6.50 be allowed Jesse Miller, late Sheriff for serving road orders
Entry 91
Ordered James Gilbreath Jr, Constable of White Oak Township, give additional security of $500
Entry 92
Wed 23 Jan 1839 Page 21 Alfred Henderson assistants D L Bourland, S Hunsicker
Entry 93
Ordered John Moore, admin of John Moore give additional security owing to the application of Sam'l [Samuel] Evans to be released from the joint bond of administration
Entry 94
Emanuel Speegle presented a commission appointing him Sheriff and giving Rial Bryant, William G Jenkins, B B Clements security $10000 approved in vacation 4 Dec 1838
Entry 95
Ordered D W Bunch, D L Bourland, John Simpson be commissioners to settle and adjust the unsettled accounts between Charles Whitson, surviving partner of the late firm of William [Whitson] and Charles Whitson and Jesse Turner admin de bonus non of William Whitson
Entry 96
Ordered that $1.77 be allowed Sam'l [Samuel] Evans for services as Clerk
Entry 97
Page 22 Ordered James M Christian presented his account against the County as Clerk, and a final settlement made
Entry 98
Mon 15 Apr 1839 at Ozark. Alfred Henderson Smith Hunsicker, D L Bourland associate judges
Entry 99
Ordered that the portion of the County of Johnson annexed to the County of Franklin by an act of the last Legislature be attached to Lower Township
Entry 100
Ordered Samuel M Melton be appointed Constable of Boston Township
Entry 101
Ordered Sabert Scott, Thomas Bessry [?], E S Moffet review a road leading from Ozark to Boonville instead of three individuals formerly appointed but now superceded.
Entry 102
Ordered Spencer Horner overseer of road from Upper George Russell's to the top [?] of Boston Mountain on the road leading to Huntsville, Madison County. Luke Huggins to apportion the hands
Entry 103
Page 23 Ordered George McRunmerlee [?] overseer of road from Ozark to the Mouth of White Oak. S [Smith] Hunsicker appointed to apportion hands
Entry 104
Ordered John H Newman be allowed $12 for house furnished the Circuit Court at its March term 1839.
Entry 105
Ordered William W Scott be appointed Constable for Prairie Township
Entry 106
Ordered the Sheriff be allowed $43.50 for account filed.
Entry 107
Jesse Miller, exec of estate of Samuel Miller, dec'd on this 16th Apr 1839 filed all the papers appertaining to his testator S [Samuel] Miller originally filed in the office of the Clerk of the County Court of Crawford County whereupon the court proceeded to a settlement of the estate. Appraisement bill $6391.00. Credit by Voucher 1 $128. Balace $6263, continued for further settlement.
Entry 108
Page 24 Inasmuch as John F Moore has failed to come forward and give additional security as admin of John Moore, that the clerk issue citation to the next entitled to such letters to appear.
Entry 109
James Evans, heretofore appointed guardian of Miranda Evans, a minor under 21, has failed up to the time to take any step whatever to attend to the interests of the said minor whereupon it is ordered by the court Page 25 that the appointment be revoked. And upon motion of Miranda Evans by her next friend Sally A Evans, that Edward M Tatum be guardian, bond $400. Approved.
Entry 110
James Evans, heretofore guardian of Sally A Evans, a minor under 21, has failed up to this time to take any step whatever to attend to the interests of the said minor whereupon it is ordered the appointment be revoked
Entry 111
On motion of Sally A Evans ordered that Castleton [?] B H Ake be guardian, bond $400
Entry 112
Page 26 William M Martin personally appeared, petitions to establish a public ferry across the Arkansas river at H B Rose's. Court requests a bond with security and $5 tax before a license will be issued for 12 months. And that he charge 12 1/2 per man; 12 1/2 per horse or mule; 6 1/4 cents per head of cattle; 3 cents per hog; one dollar per four-wheeled vehicle; 50 cents per two-wheeled cart; 3 cents per sheep
Entry 113
Ordered that each house of entertainment "Tavern" shall pay an annual license of $10 when they sell no vinous or ardent spirits and that each house where vinous or ardent spirits are sold shall pay an annual tax of $20 and also that each dramshop, grogshop or grocery shall pay an annual tax of $20
Entry 114
Monday 15 Jul 1839 Page 27 at Ozark A Henderson Smith Hunsicker, D L Bourland associate justices
Entry 115
Ordered $4 be allowed Rial Bryant for [??] in the hands to work on Stage road in the year 1838-39
Entry 116
Ordered Will Cureton and John Wilkins be allowed to keep a public ferry across the Arkansas at Ozark for 12 months as soon as they have given bond and security and pay a tax of $10. The rates shall be : 12 1/2 cents per man; 12 1/2 per horse or mule; 6 1/4 per head of cattle; 3 cents per hog; one dollar per four-wheeled vehicle; 31 cents per two wheeled cart; 3 cents per head of sheep
Entry 117
Ordered Jesse Miller, late Sheriff be allowed credits of $7 (delinquent list) on Tax acct of last year (1838) and that he be allowed further time for collecting and settling said tax account and that he report from court to court how he succeeds in settling said business.
Entry 118
Report of commissioners for viewing road from Ozark in the direction of Boonville to the [??] of Six Mile creek [?] was received. Overseers appointed: Elijah Hail from the South side of the Arkansas River opposite Ozark and ending at Smith Creek. E S Moffet from Smith Creek to the Military road near his house and Thos [Thomas] Berry from the Military road to the Scott county line, Sabert Scott Esquire to apportion hands
Entry 119
Page 28 A petition was presented praying that the Town of Ozark might be incorporated. Said petition was signed by two-thirds of the taxable inhabitants. Petition granted. Appointed S [Smith] Hunsicker Esquire Alderman, Samuel Evans, Jas [James] W Pendleton, Jno [Jonathan] W Crane, John [?] Williams, and Thos [Thomas] F Kennedy members of the Town Council.
Entry 120
Ordered Jos [Joseph] G Barclift be overseer of the stage road from Ozark to Johnston [sic] County line in place of William Cureton and that he have the same list of hands alloted to said Cureton.
Entry 121
At the request of Jas [James] W Pendleton Clerk, he is [??] the priviledge of issuing to himself scrip sufficient to pay his taxes, not to exceed in amount $30.
Entry 122
Ordered that all hawkers and peddlers and public exhibitions of any kind, shall be taxed for county purposes an amount equal to the present state tax.
Entry 123
Ordered $10 allowed to C J Humphill for the use of his office 3 days at the January term of County and 2 days at the April term. Five days at $2 per day.
Entry 124
Page 29 At the request of H B Rose Esquire, the court appointed a patrol for Lower Township consisting of C B Ivy Captain, A H Cowin, E E Davis, Oliver Wood, D D Cork, Sam'l [Samuel] Hixson, Noah Davis, H J Dewitt, George Grounds, David Fort as his assistants, the night of week and the numbers of hours for duty to be left at the discretion of the Captain of said patrol.
Entry 125
Session Tuesday [16 Jul 1839] A Henderson, Probate Judge
Entry 126
Ordered reappointment of John Moore, admin of John Moore
Entry 127
On petition of Jesse Turner, admin de bonis non of William Whitson, ordered that he be authorized to sell land: W1/2 of NE 1/4 of Section 6, Township 10 North, Range 28 West 40 acres on 17 Aug 1839 at Whitsontown, Franklin County