CountyCourtBook1-FranklinArkansas

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'''Franklin County, Arkansas : First County and Probate Court Minutes Book (1838-40), with an every-name index''', compiled by Will Johnson, [mailto:wjhonson@aol.com wjhonson@aol.com], Professional Genealogist.  Privately published, copyright 2005.  The index to this book is [http://freepages.genealogy.rootsweb.com/~wjhonson/FranklinARK/CountyCourtIndex.htm here].
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'''Franklin County, Arkansas : First County and Probate Court Minutes Book (1838-40), with an every-name index''', transcribed with annotations by Will Johnson, [mailto:wjhonson@aol.com wjhonson@aol.com], Professional Genealogist.  Privately published, copyright 2005.  The index to this book is [http://freepages.genealogy.rootsweb.com/~wjhonson/FranklinARK/CountyCourtIndex.htm here].
  
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This page is fully loaded, there are 215 entries in total in this e-book.
  
 
==Entry 1==
 
==Entry 1==
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==Entry 120==
 
==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.
 
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.
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==Entry 121==
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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.
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==Entry 122==
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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.
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==Entry 123==
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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.
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==Entry 124==
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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.
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==Entry 125==
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Session Tuesday [16 Jul 1839] A Henderson, Probate Judge
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==Entry 126==
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Ordered reappointment of John Moore, admin of John Moore
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==Entry 127==
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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
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==Entry 128==
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Page 30 Charles Partain vs John Moore Jr admin of John Moore Sr $22.50 allowed
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==Entry 129==
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Albert Sheldon vs John Moore Jr admin of John Moore Sr $80 allowed
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==Entry 130==
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Page 31 Ordered that Sheriff be authorized to receive county scrip in payment for all county dues without regard to date
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==Entry 131==
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Ordered A [Alford or Alfred] Henderson, County Judge be allowed $28 for holding court Jan, Apr and Jul 1839
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==Entry 132==
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Ordered D L Bourland be allowed $14 for assisting in holding county court Jan, Apr, Jul 1839
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==Entry 133==
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Ordered Smith Hunsicker be allowed $10 for assisting in holding county court Jan and Jul 1839
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==Entry 134==
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Ordered William Barnard be appointed overseer of road from the South side of Arkansas River opposite the Town of Ozark to H B Rose's Store in McLeans Botton; and George Grounds be appointed from H B Rose's Store to the far bank of Short Mountain Ozark and that Will Scott Esq apportion the hands
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==Entry 135==
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State of Arkansas, County of Franklin, Sarah Williams of this county and John B Bourland and Alne M C Bourland security, jointly and severally bound $10000. Sarah admin of Miles Williams.  Signed 10 Oct 1839
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==Entry 136==
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Page 33 County of Franklin, Miles Williams of Franklin died intestate on or about 6 Aug 1839, Sarah Williams appointed admin 10 Oct 1839 James W Pendleton, Clerk of Circuit Court, Clerk of Probate Court
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==Page 137==
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Session Monday 21 Oct 1839 Page34 A [Alford] Henderson, S [Smith] Hunsicker, D L Bourland assistant justices
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==Page 138==
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Ordered $4 be allowed Enoch Berry for viewing and making a road from Ozark to the narrows of Petit Jean
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==Page 139==
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James W Pendleton (Clerk) presented an account against the county for $25 which was allowed
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==Page 140==
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Emanuel Speigle, Sheriff, presented an account against the county for $123.90 which the court after examination allowed
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==Entry 141==
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J D [?] Bourland produced a receipt for $2 and [??] Rial Bryant as overseer of the road from Mulberry Creek to the corner of E [Ephraim] Bourlands field
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==Entry 142==
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On motion ordered that Rial Bryant be released from the duties of overseer of the stage road from Mulberry Creek to the corner of E [Ephraim] Bourland's field and that James B Simpson be appointed in his place, and D L Bourland apportion the hands.
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==Entry 143==
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Page 35 Rial Bryant presents account against county $4, deducting $2 paid him by J B Bourland leaves $2 which is allowed
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==Entry 144==
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Elijah S Moffit presented account against the county $4 allowed.
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==Entry 145==
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Ordered that the clerk issue warrants to all persons entitled to pay, in any of the state cases that were decided against it, at the last term of Circuit Court. [Ed. - the earliest Circuit Court records I can find are from 1852 (Will Johnson)]
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==Entry 146==
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Ordered that Will Scott Esqr be appointed to apportion hands to Elijah Hail, overseer of road from South side of Arkansas River opposite Ozark to Smith's Creek.
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==Entry 147==
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Ordered that Real Bryant, Wilkesson Stout, and William Cureton be appointed to view out a road from Ozark to the house of James Marrs on Mulberry [Creek]
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==Entry 148==
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John H Noonan [?] produced an account against the county for house rent for $12 which was allowed
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==Entry 149==
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Agreeably to an order directed to the clerk by the honorable R C G Brown, Judge of the 7th Judicial Circuit a [???] was [Page 36] issued directing the Sheriff to summon 36 good and lawful men of the County of Franklin to appear before the Judge of our Circuit Court at a special term to be held on the first Monday of Jan 1839 to serve as jurors to try David Smith who stands charged with the murder of George W Plexacd [?] of Johnson County.  That upon said authority the Sheriff proceeded to summon the following jurors who appeared and claimed their attendence and mileage.  Thomas Carl 24 miles; John Simpson 28 miles; James Ham 10 miles; Kendall Webb 3 miles; John Hale; Will P Moore 24 miles; Elijah S Moffitt 22 miles; Spear Titsworth 24 miles; Charles Whitson 20 miles; Lawson Nicholson 14 miles; William Cureton; John Huggins 12 miles; William Hale 3 miles; John B Bourland 24 miles; Absalom Wood 8 miles; Arthur [?] Hicks 1 mile; Elijah Hale; Marcus Hogan 12; John Rawson 8; James Blackwell 18; John H Blackwell 11; Elijah Williams; Jno B Kendall 12; Peter Ragsdale 14; Sam'l Phillips 7 [or 2 ?] plus Emanuel Speigle Sheriff and [Page 37] Jas W Pendleton Clerk for a total of $45.90 considered as justly due from the County of Johnson.
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==Entry 150==
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Session Tuesday 22 Oct 1839 Page 37 A [Alfred] Henderson, D L Bourland, Smith Hunsicker Esqr
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==Entry 151==
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Ordered that D W Bunch be overseer of road from the corner of E [Ephraim] Bourlands field to the house of Joseph Russell (on the old road from Little Rock to Van Buren) and James Morris be overseer from Jos [Joseph] Russells house to the Johnson County line and James Gilbreath Esqr apportion the hands.
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==Entry 152==
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William Cureton produced an account against the county for $3.30 which was allowed
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==Entry 153==
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Ordered, (upon the petition of Thos [Thomas] F Kennedy, Smith Hunsicker and [Page 38] Calvin Kennedy paying in the sum of three dollars, and of compensation allowed such reviewers) that William Cureton, Calvin W Shover and Elijah Tucker be appointed reviewers to examine and mark out a road from the steam mill of Thos [Thomas] F Kennedy to the Stage road on the West [?] bank of Gar [?] Creek at the ford across said creek, through whose lands said road may cross, assessing the damages if any and make a written report.
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==Entry 154==
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On motion, ordered that James W Pendleton be appointed to receive proposals for building a house for the purpose of holding court in. Said building to be a good frame twenty feet square, one story high (nine feet story) a good and sufficient stone chimney. Lower floor to be jointed and well laid but not planed. Sealed on the inside with three quarter plank, said plank to be planed, tongued and groved, to be covered with good pine or oak shingles. Three windows of fifteen lights each, glass to be 8 by 10 and one good door of sufficient size, all to be done in workmanlike manner and report the same at the next term of this court; the said contractor to furnish all the materials necessary for the completion of said building.
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==Entry 155==
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H B Rose vs John Moore, admin of John Moore Sen $187.05 obligation dated 14 Mar 1837 Court allows and further $30.37 damages
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==Entry 156==
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Page 39 J Lowther [?] vs John Moore, admin of John Moore Sen $14 obligation dated 4 Mar 1837 Court allows and further $2.35 damages
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==Entry 157==
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Approves bond of Jinkins Davis as admin of Joseph Calvert; with Charles Whitson and Luke Huggins security; $2000. Dated 31 Jul 1839
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==Entry 158==
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Page 40 Approves bond of Sarah Williams admin of Miles Williams with John B Bourland and Alne M C Bourland security; $10000
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==Entry 159==
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[John] F Moore, admin of John Moore Sen filed vouch one $165.60 against the estate, which was allowed. Filed account current by which he appears indebted to the estate for $3037.86
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==Entry 160==
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On motion, ordered that James Murphy, James Marrs, and Mastin P Pool be appointed to view a road from the South bank of the Arkansas River opposite the mouth of Mulberry Creek running the nearest and most practicable route to the narrows of Six Mile Creek thence continue and intersect the main road leading from Mcleans Bottom to Boonville
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==Entry 161==
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On motion ordered by the Court of Probate that James Christian be guardian of Benjamin Sherwood, an orphan who says that he is about 14. And Christian is directed to bond out said boy to some person who will leave him some useful art or occupation and act in every respect by said boy as the law directs.
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==Entry 162==
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Page 41 On motion, ordered that a special term of this court be held in Ozark on the second Monday in November for the purpose of transacting business. Court adjourned
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==Entry 163==
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Mordica C Howard and Samuel Evans bond $300 signed 1 Nov 1839 at Ozark. Mordica Howard appointed admin of Charles J Humphill
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==Entry 164==
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Page 42 Charles J Humphill of Franklin, died intestate, on or about 28 Oct 1839 [or 1837?]. Signed by James W Pendleton, Clerk of the Circuit Court 1 Nov 1839
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==Entry 165==
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Page 43 Special term of County Court Alfred Henderson, D L Bourland, Smith Hunsicker 11 Nov 1839
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==Entry 166==
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Sam'l [Samuel] Evans petitions for a Tavern license for 12 months - granted with tax of $10 per year
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==Entry 167==
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Eman'l [Emanuel] Spiegle, Sheriff of Franklin County exhibited his list of delinquints amounting to $272.20. $194.37 for the county and $77.73 for the state - allowed and a settlement made with the Sheriff
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==Entry 168==
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John H Newman applied to keep a public house near Ozark which was granted by his paying a tax of ten dollars.
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==Entry 169==
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Page 44 Ordered that $12 be allowed Alfred Henderson for service as Judge
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==Entry 170==
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Ordered that $6 be allowed D L Bourland for service as associate justice
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==Entry 171==
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Ordered that $6 be allowed Smith Hunsicker for service as associate justice
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==Entry 172==
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D L Bourland presented a bid for building such a court house as was ordered last court, for which he agrees to bind himself in bond $400. To be completed by 1 Mar 1840
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==Entry 173==
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Emanuel Speigle, Sheriff paid $904.61 in the following manner: Crawford County scrip $122.95, Wolf scalp scrip $111 and state scrip for the balance $670.66 which after allowing his commision for collecting said amount leaves a balance due E [Emanuel] Speigle of $114.57. Court adjourns
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==Entry 174==
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Monday 20 Jan 1840 45 A [Alfred] Henderson, Smith Hunsicker, D L Bourland, associates.
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==Entry 175==
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Petition by citizens of Boston Township praying that viewers be appointed to view and mark out a road from Ozark (in the direction of Huntsville, Madison County) to the Madison County line. Court grants petition and appoints Thos [Thomas] Hamblin, Elie Patey and James Morris commissioners.
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==Entry 176==
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On motion, ordered the magistrates now, go into an election to select one to preside as Judge, for two years and two associate justices to assist him for one year which resulted in the election of Alfred Henderson Judge, and Smith Hunsicker and James Gilbreath Esqr associates. The magistrates present were A [Alfred] Henderson, James Gilbreath, D L Bourland, S [Smith] Hunsicker, Will W Scott, Robert Hodges and Luke Huggins.
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==Entry 177==
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The viewers appointed at last term to view and mark out a road from Ozark to the house of David Mayes on Mulberry [Creek] on a direct line made their report. The report being unfavorable, the road impractical. The petitioners are required to pay all expenses. Thos [Thomas] Booth, County Surveyor filed account for $8, William Cureton for $2 and Rial Bryant for $2
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==Entry 178==
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Page 46 Thomas Aldridge presented his resignation as overseer of the road from Clements and Jenkins Ferry across the Arks River to the narrows of Six Mile Creek. The said road declared as deserted and forsaken
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==Entry 179==
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Henderson Bourland presented his resignation as overseer of the Stage road leading from Ozark to Van Buren and that W W Collins be appointed in his place. $3 allowed to H Bourland
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==Entry 180==
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Noel S Riffee resigns as overseer of road from Ozark to the house of John Sims and that he be allowed $3. Absalom Wood appointed in his place.
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==Entry 181==
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William Wisdom resigns as overseer of the road from John Sims to the fork of the old road on the other side of Rock Creek. $3 Servis Dewese appointed in his place.
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==Entry 182==
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Page 47 Joseph G Barclift resigns as overseer of the Stage road from Ozark to the Johnson County line, $3 for services. John Tucker appointed in his place.
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==Entry 183==
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Ordered that $4.40 be allowed D L Bourland Esqr being 8 percent for receiving and paying out $52
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==Entry 184==
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Ordered that $3.20 be allowed Martin P Pool for services rendered.
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==Entry 185==
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Ordered that the Clerk notify the County Court of Crawford at least ten days before their next meeting which is to be held on the first Monday in April, that the line between this and Crawford County, commencing in the centre? of Range 29 in Township Eight, running thence South to the Scott County line. And that the surveyor of Franklin County, be required to survey and mark out said line. The said line to be ?? on Thursday after the second Monday in April. Court adjourns.
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==Entry 186==
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Tues 21 Jan [1840] 48 A Henderson Esqr Judge, S [Smith] Hunsicker and D L Bourland Esqr associates.
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==Entry 187==
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On motion ordered road leading from the town of Crittenden at the mouth of Mulberry Creek be divided from Crittenden to the West bank of Mulberry Creek. William Bean overseer; from East bank to mouth of said Creek William P Moore overseer.
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==Entry 188==
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Ordered Samuel Evans, M C Howard, James W Pendleton be commissioners to receive from D L Bourland, the Court House now building, as soon as it is completed, the court abandoning the stone chimney, D L [Bourland] deducting forty dollars; $360 for building said house.
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==Entry 189==
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Ordered John B Kendell be a commissioner to purchase a stove for the use of the county and have it put up by 1st Monday in March
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==Entry 190==
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Page 49 Elijah Hale presented account for three dollars services rendered; Boonville road.
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==Entry 191==
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Ordered two dollars allowed Thos [Thomas] Aldridge; road from Jenkins & Clements Ferry to the narrows of Six Mile Creek
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==Entry 192==
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Commissioners for road from Thos [Thomas] F Kennedy's Saw Mill to the Stage road on the West bank of Gar Creek; favorable report; and that it passes through Jas [James or Jos Joseph] G Barclift's land; $10 damages to [James or Joseph] Barclift
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==Entry 193==
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On motion, ordered that Mulberry [Township] be bounded beginning on North bank of the Arkansas river on the line between Range 27 and 28 and running thence North with said line to the County line then west to the boundary line betwen Crawford and Franklin Co, then South to the Arkansas river, then down said river to the starting point.
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==Entry 194==
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On motion, ordered that White Oak township be bounded commencing on the North bank of the Arkansas river, between Range 27 and 28 running North with the Mulberry township line to the Boston township line, then east with said line to the Johnson county line, then South with said line to the Arkansas river, then up said river to the starting point.
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==Entry 195==
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Page 50 Ordered that Anthony Bowen Esq apportion the hands to all the overseers in Lower Township.
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==Entry 196==
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Wed 22 Jan 1840 A [Alfred] Henderson
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==Entry 197==
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Emanuel Spegle, Sheriff settled with county $169.43
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==Entry 198==
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Page 51 On motion ordered D L Bourland be apportioned the hands of all roads in Mulberry Township except the West bank of Mulberry Creek
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==Page 199==
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On motion ordered that Joshua Fisher be appointed overseer of the Stage road from West bank of Mulberry Creek to Crawford County line and that James B Simpson be overseer from East bank to Mulberry Township line and that A [Alfred] Henderson apportion hands on West bank.
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==Entry 200==
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On motion ordered J B Kendall be overseer of Stage road to Van Buren from Ozark to the Prairie branch and James Gilbreath Esqr apportion the hands in White Oak Township
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==Entry 201==
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On motion ordered that the commissioners of public buildings for the county of Franklin: John B Bourland, Charles Whitson, Lewis Russell, Thomas Aldridge and E J Moffet be required to attend at the next regular term of this court and make an exhibit of the accounts and transactions as the law requires.
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==Entry 202==
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Session Wednesday Evening 22 Jan 1840 Page 52
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==Entry 203==
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Court met after adjournment this morning for the purpose of appointing a notary public and other business. Present A [Alfred] Henderson Judge, Smith Hunsicker and James Gilbreath Esqr associates [This entry is overmarked "Error".]
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==Entry 204==
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On motion ordered that J B Kendall be allowed three dollars for services rendered in waiving [?] the hands on the Stage road from Ozark to Van Buren three days.
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==Entry 205==
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On motion ordered that the court now go into an election for notary public for Franklin County which resulted in the election of Emey [or Emery, Emory, Emzy] Levinson unanimously and it is therefore declared that said E Levinson is duly elected Notary public of said Franklin county and request the Governor to commission him.
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==Entry 206==
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On motion ordered that so soon as Thos [Thomas] F Kennedy shall comply with the requirements of the law, this is, pay all the expenses and damages assessed, they shall be priviledged to cost [?] a road from their steam saw mill to the West bank of Gar Creek to the Stage road in accordance with the report of the viewers. Court adjourns.
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==Entry 207==
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Page 53 Now on this day came Emanual Speegle, Sheriff and Assessor of Franklin County and filed the assesment list of the taxable Ser??? and Property of said county for 1840 this 25 Mar 1840
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==Entry 208==
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Session 20 Apr 1840 Monday A [Alfred] Henderson and Smith Hunsicker and James Gilbreath associates
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==Entry 209==
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Thomas Hamblen and Eli Patty viewers to lay out a road from Ozark to the Madison County line towards Huntsville having reported favourable and a remonstrance being presented against the same, it is ordered that John Tucker, David Harris, Robert Tucker, John Nixon and Jenkins Davis are appointed to view and report to this court, which is the best and most practicable the present old road or the one reported by said [Thomas] Hamblen and Eli Patty
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==Entry 210==
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M P Pool, James Murphy and James Marrs who were appointed viewers of a road commencing on the South bank of the Arkansas River saig [?] opposite the mouth of Big Mulberry running thence to what is commonly known by the name of the narrows of Six Mile Creek thence to intersect the main road leading from McLeans Bottom to Boversville [?] Scott County having failed to view said road. It is ordered that M P Pool, James Murphy and Thomas Edmonson be appointed to view the said road.
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==Entry 211==
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Page 54 It is ordered that Thomas Hamblen, and Eli Pattey be allowed six dollars each for six days service in viewing a road from Ozark to Madison Co.
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==Entry 212==
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Ordered that John W Crain & Co be allowed thirty five dollars for a stove and pipe both by J B Kendale [Kendall] for the courthouse and that C D Madden be allowed two dollars for setting up the same in the house.
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==Entry 213==
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Ordered that David Fort, Creed Degraffenreid and Elias Hail be appointed viewers to lay out and mark a road to commence at the ferry landing on the South bank of the Arkansas River opposite Ozark and terminating at the Hurrican Swamp on the Boonville road and to report at the next term of this court.
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==Entry 214==
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Ordered that E S Moffet be allowed, the sum of ten dollars for ten days services as county commissioner and 25 cents for paper for the use of the commissioner.
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==Entry 215==
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[Signed by] A [Alfred] Henderson, James Gilbreath, S [Smith] Hunsicker
  
 
[[Category:Franklin County, Arkansas]]
 
[[Category:Franklin County, Arkansas]]

Latest revision as of 01:34, 22 December 2007

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