Chancery Record, Court Case, Adm of Isaiah Humphrey dec'd vs. Admx of David Humphrey (Junior)dec'd, Albemarle County, Virginia Contributed for use in USGenWeb Archives by Valerie Ward valerieak1@hotmail.com (An effort has been made to faithfully transcribe these records, but errors are still possible.) *********************************************************************** USGENWEB ARCHIVES NOTICE: All documents placed in the USGenWeb Archives remain the property of the contributors, who retain publication rights in accordance with US Copyright Laws and Regulations. In keeping with our policy of providing free information on the Internet, these documents may be used by anyone for their personal research. They may be used by non-commercial entities, when written permission is obtained from the contributor, so long as all notices and submitter information are included. These electronic pages may NOT be reproduced in any format for profit. 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The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net *********************************************************************** Albemarle County VA, Chancery Cause 1830-072, The Library of Virginia Adm of Isaiah Humphrey vs. Adx of David Humphrey First page very illegible Humphrey _____ Humphrey ammn 11 Ju__ 1819 _________ the penalty of $4000. 5th April 1819 ___ ___ for hearing 3 Sept 1823__ 8 Sept 1824__ 7 Sept 1830__ pg 2 To the worshipful court of Albemarle in Chancery sitting humbly ?complaining ___ in your worship your orator ____ Yancey admr of Isaiah Humphrey dec'd respectfully represents that on the day of he administered ____ the estate of the said Isaiah Humphrey decd that there was in the possession of the said Isaiah and upon his death in the possession of the widow of the sd Isaiah certain slaves which as your orator thinks and believes were fraudulently and secretly inticed away by and into the possession of a certain David Humphrey your orator avows? that as adm aforesaid he commenced an action of ______ __ the Superior Court of Law for Albemarle against the said David Humphrey which since his death has been revived against his administratrix that at the time the said suit was commenced the said defendant kept off the officer thereby failed to give the bail ?required or requested? in such actions. That since the death of the sd David and the revival of the suit against his admx your orator understands & has reason to believe that the said administratrix will remove the said negroes, Mary & her five children beyond the prossess? of this state and out of this commonwealth, that she has already removed the mother & David one of the five children as your ______ beyond the ____ of the state. your orator further avows that the estate of the said David Humphrey __ supposed to be insolvent & thereby would be totally unable to meet the judgment at law should it go against it your orator therefore submits & prays the interposition? of this worshipful court to us ____ in the administratix aforesaid of the said David Humphrey decd from conveying the said negroes viz; Mary, & her five children David, Allen, Alen?, Jordan & Nelson out of __ commonwealth of Virginia that she give security to have them forthcoming to meet the said judgment at law or __ ____ so __ __, that your orator be permitted to receive them upon giving good security to redeliver them in case he as admr aforesaid be ___ in the suit aforesd __ that ___ be ordered into the bond of the sheriff there to remain till the final end of the controversy at Lao and __ all __ __ _____ relief __ Let a subp__ __ __. Sworn to in open court this 4th January 1819 Alex Garrett GC Albemarle County to note This day Susanna Humphrey, admx of David Humphrey dec'd appeared before me a Justice of the peace for ___ county aforesaid and made oath that the pregoing answer is true? to the best of her knowledge. Given under my hand this 19 day of March 1819 D. Humphrey admx __ answer I Humphreys admr The answer of Susanna Humphrey admx of David Humphrey decd to a Bill filed vs her in the Count court of Albemarle by Jechonias Yancey admr of Isaiah Humphrey decd. This respondent, saving? and reserving? to herself all benefit of exception to the many errors and untruths set forth in the Complainants Bill for answer thence? to sayeth true it is she was informed the Com____ did bring suit as stated in his Bill, but denys that her Intestate did ever evade the execution of the writ and believes he never did nor does she see any reason why he should for he had at that time a Bill of Sale for said negroes for a valuable consideration, which is herewith exhibited and prays may be taken as part of her answer. That David Humphrey Senr by whom the said Bill of Sale was executed at the time of the estate of Isaiah Humphrey dec'd was appraised. he sent for the said negroes to her Intestates house and would not suffer them to be appraised with the estate of the said Isaiah, for fear there should be some dispute or pretensions? to said negroes, and some time afterwards allowed them to return for the purpose of being with & assisting the Widow and Children of the said Isaiah where they remained for some considerable time, and was ultimately? returned by the widow of the said Isaiah into the possession of said David Humphrey Senr who then sold them to her Intestate where they have remained at her Intestates and her disposal ever since, that she never had the least intention of sending them out of this state nor has she ever done so. That although the Com ___ states that two of the said negroes viz Mary & David were sent out of this state by her, she positively avows? that the time of filing in this Bill they were then hired to David Markwood then and now residing in this County which she believes was well known to the Complainant? That Comp__ either ignorantly or intentionally has mistaken the names of one of the negroes for there is neither of them by the name of David. That as to the solvency or insolvency of her Intestates estate she cannot yet say as there are debts owing to and by the estate nor does she think that material in the present occasion as she considers the right of sd negroes good and lawful. She will now conclude by adding that she considers the pretensions of the Compl to be an effort to harass and _____ your respondent and not with an expectation of ___ in the prosecution of the suit. This respondent having answered all she thinks material, pray that the Bill of the Comp___ be dis___ with cost?. Mr. Jechonias Yancey admr of Isaiah Humphrey decd take notice that on the first of Albemarle April Court ___ I shall by my ___ move said Court to ____ your Bill filed vs. me in said Court a Copy of my answer is herewith furnished you. March 19, 1819 _____ Susanna Humphrey Admx of David Humphrey Decd April 6, 1819 this day _______ ___ ____ appeared before me a _____ of the ____ for Albemarle County and made oath that he delivered a true copy of the ______ notice to Jechonias Yancey on the 19th of March last. Jechonias Yancey Know all men by these presents that we, Jechonais Yancey administrator of Isaiah Humphrey deceased Ralph H Yancey and George W. ________ are held and firmly bound unto Susannah Humphrey administratrix of David Humphrey deceased in the ___ ___ _________ of Four thousand dollars current money of Virginia to which payment well and truly to be made to the said administratrix her certain attorney, her heirs, exors, administrators or a ____ we bind ourselves _____ and severaly and each of our joint and several heirs, land and ____ finally by these presents sealed with our seals and dated this 12th day of January 1819 The condition of the above obligation is such that whereas the above bound Jechonais Yancey administrator of Isaiah Humphrey decd hath lately ______ a suit in Chancery _____ county court of Albemarle against the above named Susanna Humphrey admix of David Humphrey decd and obtained from the said County Court an attachment, restraining and adjoining the said administrator from conveying away or removing the negroes in the Complainants? bill __________ to wit Mary and her five children David, Allen, Alse, Jorden and Milson. It was also ordered and decreed by the said County Court that the defendant should deliver the before mentioned negroes to the complainant or give bond and security for the delivery of the said negroes subject to the future order, and decree of the said county court. Now therefore if the said Jechonais Yancey admir of Isaiah Humphrey decd shall in all respects perform and abide the future order and decree of the said County Court and shall well and truly pay and satisfy the said administratrix all such costs, damages, and charges as shall be awarded against him in case the Bill aforesaid is disapproved? thus the above obligation to be void else to remain in full force and virtue Executed in presence of (4 names, all illegible) 13, January 1819 _______ Memo To enjoin and restrain the defendant her agents, attornies and all others concerned from carrying away or removing out of her possession the following negroes to wit, Mary and her five children, David, Allen, Alse, Jordan and Nilson until the future order of the County Court of Albemarle and that the defendant deliver the said negroes to the Comptl? or give bond and security in the clerks office of said court in the penalty of $4000. to keep them in her possession subject to the future order and decree of the said County Alex Garrett Court? C Subpoena The Commonwealth of Virginia To the Sheriff of Albemarle County Greeting: We command you to summon Susannah Humphrey administratix of David Humphrey dec'd personally to appear before the Justices of our County Court of Albemarle at the Court House on the first Monday in March next to answer a bill in chancery _________ against her in our said county court of Albemarle by Jechonias Yancey administrator of Isaiah Humphrey dec'd and this she shall in no wise omit and have then there this Writ . Witness Alexander Garrett Clerk of our said Court, the 12th day of January 1819 in the 43rd year of the Commonwealth. Alex Garrett CC.