CHRONICLES OF THE SCOTCH-IRISH SETTLEMENT OF VIRGINIA; Vol 2, pp 140 - 149
by Lyman Chalkley

http://www.rootsweb.com/~chalkley

************************************************************************
USGENWEB ARCHIVES NOTICE:  These electronic pages may NOT be reproduced in
any format for profit or presentation by any other organization or
persons.  Persons or organizations desiring to use this material,
must obtain the written consent of the contributor, or the legal
representative of the submitter, and contact the listed USGenWeb
archivist with proof of this consent.
************************************************************************


after decease of Jacob's wife, Jane, who was grandmother to George;
and to Jacob Campbell, son of said James, another slave; and to
James Campbell, son of said James, another slave; and to Robert
Campbell, son of said James, another slave. Jacob's daughter
married orator between 1773 and 1777, and died in 1793 (January).
James Campbell had moved Irvin from Augusta. Jacob had another
son-in-law named Kennedy. James Campbell answers, says he is
Jacob's son-in-law. Witnesses, Robert Ferril, Sr., and Mary, his
wife; Robert Ferril, Jr., and James McKean of Kentucky, Robert
Campbell of Tennessee, William Irvin of Tennessee. The bond was
given the week before John Irvin moved to Kentucky. James McKee
deposes in Washington County, John Irvin's son-in-law. Jane
Campbell, aged 90, deposes in Washington County, 3d May, 1805,
widow of Jacob Campbell. Jacob was very much dissatisfied with
Irvin as a son-in-law, but some time after Jacob moved to this
country, he returned to Augusta where Irvin lived, and brought them
out with him. Irvin lived with Jacob about six months, when he went
to Tennessee, where he lived some years, and his wife died. Jacob
and Jane moved from Augusta in 1779, to Washington, and they have
always lived on the same land. James Campbell, executor of Jacob,
was Jacob's son-in-law . Jane and Jacob when they moved from
Augusta were about 65 years old. Robert Ferril, Jr., deposes 1st
January, 1806, at house of Robert Ferril, Sr., in Cumberland
County, Kentucky.

 Staley vs. Wills--O. S. 170; N. S. 60--Deed 10th April, 1809, by
John Wells and Mary Ann, his wife, of Monongalia, to Richard Wells
of Monongalia, conveys a tract part of 400 acres patented to George
Gallespee and conveyed by John Gallespe, son and heir of George, to
Samuel Smith, and by Smith to John Wells. Recorded in Monongalia
April, 1809. Deed 8th May, 1809, by ditto to Thomas Wells, tract
conveyed by John Gallespie to Samuel Smith on 19th June, 1797.
Recorded in Monongalia May term, 1809. Bill of sale 19th September,
1808, by John Wells to Richard Wells. Recorded in Monongalia, May,
1809.

 Smith vs. Broadiss--O. S. 170; N. S. 60--Bill September, 1802.
George Smith was son-in-law of William Humphreys, who had lived in
Albemarle and moved into Augusta, where he died in June, 1803,
leaving a widow, Sally. George Smith had removed into Buckingham
County, thence to Amherst, thence to Rockbridge.

 Anderson vs. Rhea--O. S. 170; N. S. 60--Bill, 1813. Robert
Anderson of Botetourt purchased land in Botetourt from William Rhea
of Kentucky, which was originally part of five tracts held by David
Mitchell, who died twenty or thirty years ago intestate, leaving
heirs, viz: James Mitchell, his brother, representatives of two
sisters of whole blood, one named Brownlee and one Tate, and either
a sister of the half-blood or her representatives. An informal
partition was made and 200 acres were allotted to Mrs. Brownlee's
representatives. William Rhea married one of the daughters of Mrs.
Brownlee, who had nine children entitled to distribution.

 McDaniel vs. Gatlive--O. S. 171; N. S. 60--Martha Gatlive died in
Botetourt, intestate, leaving heirs, viz: Charles Gatlive, Hannah
Dailey, William Wiley and Hafy, his wife, Wm. Toney and Leah, his
wife, Thomas Christian and Rebecca, his wife, Joseph Goar and
Martha, his wife, Thomas, Nancy, James, Mary and Alexander Pine.

 Robert Patton, Administrator of James Hunter, <I>c. t. a.,</I> vs.
Hite--O. S.

     140

 

171; N. S. 60--Bill 11th August, 1804. Before Revolution, Hunter
got Judgment in General Court against Jacob Hite, but Jacob moved
to South Carolina, where he was murdered by Indians. Hunter died
shortly after Revolution. A bill was brought by George Hite,
administrator <I>d. b. n.</I> of Jacob Hite, against the three
daughters of John Hite, deceased, eldest son and heir-at-law of
Jacob, to set up a will of Jacob that had been discovered which was
established about 179_ in High Court of Chancery. Defendants are,
viz: Edward Gerant and Mary, his wife; Theodrick Lee and _____, his
children by his late wife Catherine, Sarah, wife of A. P. Buchanan.
which said Mary, Catherine, and Sarah were daughters and heirs of
John Hite, deceased, who was son and heir of Jacob Hite, deceased;
and James Hite, Carver Willis and Frances, his wife, who are
children and heirs of Thomas Hite, deceased, another devisee of
Jacob; and William Boushby and Mary, his; wife, late Mary Manning,
a devisee of Jacob.

 Henderson vs. Humphreys--O. S. 171; N. S. 60--From Botetourt.
Answer by Uriah Humphreys in Clark County, Georgia.

 Jackson vs. Jones--O. S. 171; N. S. 60--Spa. to Bath County,
October, 1811. to summon Henry Jones to answer Hannah Jackson,
widow of Asabel Jackson, deceased. Jesse, Asabel, Crawford and
Hezekiah Jackson, heirs and representatives of said Asabel.

 Robert Adams vs. Johnson--O. S. 171; N. S. 60--Bill, 1809.
Orator's uncle, _____ Adams, about 177_ resided in that part now
Washington County and had surveyed to him a lot from the Loyal
Company. He sold to Hugh Johnston, who sold to Buchanan, and then
died. Orator's uncle moved to Kentucky. Hugh Johnston and Robert
Johnston were brothers. Thomas Edmonson married the only daughter
and heir of said _____ Buchanan. Robert and Hugh Johnson have no
heirs except in Ireland.

 Wm. H. Cavendish, Attorney for Silvanus Walker, vs. George
Clendennin's Heirs--O. S. 172; N. S. 61--Greenbrier. George
Clendennin died intestate, leaving Jemima (widow), children,
Parthenia Meggs, wife of John Meggs; Cynthia and Margaret
Clendennin.

 Strode vs. Wormley--O. S. 172; N. S. 61--Complainants are, viz:
Thomas Strode, Hugh Wallace Wormley and Mary, his wife, late
Strode. Bill states: By deed 30th August, 1794, between John
Wormley, Mary Wormley and Burwell Stork, recorded in District Court
at Winchester. Certain lands in Frederick County are conveyed in
trust to Burwell Stork for benefit of orator, Hugh, John C.
Wormley, two of children of John Wormley and Mary Wormley, then
wife of John. At time of the deed John had only children, viz:
Orator and John C. Wormley. Mary B. Wormley, his daughter, was born
afterwards. Her mother was Mary, also mother of orator and J. C.
Wormley. In 1802 John Wormley and Mary his wife, John C. Wormley
and orator, Hugh, conveyed 250 acres to James Wormley. Hugh was
then 16 years old. James afterwards conveyed this 250 acres to his
daughter, Jane B. Wormley, now wife of George H. Norris, by deed
dated 1804 and recorded in District Court at Winchester. John
Wormley conveyed 100 acres of same tract to said John C. Wormley
after marriage of Norris with Jane. John C. W_____ and Anna his
wife, on 7th December, 1815, conveyed by deed recorded in Frederick
the 100 acres to Norris, who on same day conveyed the 850 acres to
J. C. W_____. John Wormley on 6th December, 1805, by deed recorded
in Frederick, confirmed

     141

 






the title of the 250 acres as far as he could. Norris conveyed the
100 acres to James Ware, who now holds it, Hugh being about to
marry sister of Thomas Strode, by deed in Frederick made a marriage
settlement, when Hugh was 22 years old. John Wormley died 8th
March, 1809, testate (will in Superior Court of Frederick). John
Wormley's daughter May was born 1795. Hugh married Mary Strode of
Culpeper in 1807. (This is a suit to set aside a deed made by an
infant after he came of age, and presents some very interesting
questions.) Deed 1st March, 1804, by Squire John Wormley of
Frederick County to Squire John C. Wormley of Frederick; conveys
100 acres in Frederick on Shenandore River. Recorded in Winchester
District Court 29th September, 1804. Deed 21st October, 1802, by
John Wormley and Mary, his wife, and their sons John Cruger Wormley
and Hugh Wallace Wormley, all of Cool Springs, Frederick County, to
James Wormley of England; conveys 250 acres, part of same tract
with above. Recorded in Frederick County Court, 2d May, 1803. Deed
7th December, 1305, by John Cruger Wormley and Anna, his wife, of
Frederick County to George H. Norris of said county; conveys 100
acres; conveyed to grantor by John Wormley by deed 1st March, 1804,
recorded in District Court at Winchester. Recorded in Frederick
County Court 6th January, 1806. Deed 6th December, 1805, by John
Wormley to son John Cruger Wormley. Deed of confirmation recorded
in Frederick County Court 5th May, 1806. Deed 7th December, 1805,
George H. Norris of Frederick and Jane, his wife, to John Cruger
Wormley. Conveys 250 acres Recorded in Frederick County Court 5th
May, 1806. Will of John Wormley in Lancaster County. Wife, Frances;
nephews, Robert Wormley Carter and John Wormley. Dated 26th
September, 1784. Recorded in Lancaster County 16th June, 1785.

 Thomas Rust vs. Chastein--O. S. 172; N. S. 61--Bill, 6th June,
1806. Orator's father, Samuel Rust, died 1798 testate (will in
Westmoreland). Lewis Chastein became orator's guardian. Lewis
Chastein formerly living in Frederick County, was in 1811 living in
Kentucky. Will of Samuel Rust of Parish Caple of Westmoreland
County. Grandsons, Samuel Rust, Samuel Crabb, Thomas Rust (300
acres purchased of Mathew Kenner, Daniel Tebbs, Thomas Allison,
Presley Cox); daughter, Elizabeth Crabb (land purchased of Presley
Cox and Ro. Jeffries); devisee Hannah Atwell, daughter of Mary
Beale; devisee Richard Atwell, son of William Atwell; legatee Nancy
Atwell, daughter of William Atwell; legatee Molly Atwell, daughter
of William Atwell; legatee Charlotte Atwell, daughter of William
Atwell; sister Hannah Banghus, (Baughus); grandson Thomas Rust;
legatee Susanna Keene; executors William Atwell and John Crabb, Sr.
Dated 21st March, 1798. Recorded in Westmoreland 28th January,
1799. (Note on back of will): Jeremiah Rust married an Attwell. Her
brother died 1788 intestate, leaving Mrs. Rust and a minor sister,
Miss Attwell, who lived in Jeremiah's family. Jeremiah died about
1791 or 92; his widow married Chastine, the plaintiff; the minor
sister married one Middleton; both died about year ____; Middleton
left a will.

 Holmes vs. Holmes--O. S. 172; N. S. 61--Spa. from Staunton
Chancery District Court to Sheriff of Frederick County to summon
Nancy Holmes, Gertrude Ehra (Elva) Holmes, Joseph Holmes, Andrew
Hunter Holmes, infant and orphans of Joseph Holmes, deceased; David
Holmes,

     142

 






Edward McGuire, Jr., and Elizabeth, his wife, late Holmes, Betsey
Ann Legrand, Rebecca Legrand, Noah (Nash?) Legrand, Jr., Lucy
Legrand, Horace Holmes Legrand, children of Margaret Legrand,
deceased, late Margaret Holmes, to answer Hugh Holmes, Daniel
Conrad and Rebecca, his wife, late Holmes, also heirs of Joseph
Holmes, deceased.

 John Anderson vs. Gilford and Anderson--O. S. 173; N. S. 61--Bill,
1811. Orator had allowed his son, James Anderson, to occupy part of
his plantation, and lent him a negro slave, which was attached upon
execution from the Superior Court of law for Greenbrier. James
Anderson came to Greenbrier to reside more than 20 years ago. Will
of John Anderson of Greenbrier County. Wife, Elizabeth; daughter,
Elizabeth; son, James; daughter, Peggy Reed; son James's children,
viz : Rebeckah, John, Elizabeth, William, Washington, Davis, James,
Nancy, Crawford, and the child James's wife is now pregnant with;
son James's wife Nancy (Agness); son-in-law William Ward; daughter,
Rebecca Ward. Dated 16th January, 1810. Never recorded. (Objected
to because testator is still living.)

 Jno. Ballard, Sr., vs. McClintock--O. S. 173; N. S. 61--Jno.
Bollar had whipped his slave and claims that she worked herself to
such a fury that when given a drink of water she died. Jno. claims
that William McClintic swore falsely as a witness before the
inquest. William sued John and obtained a judgment which judgment
is enjoined by this suit. The talk was that John had murdered his
slave. Elizabeth Lewis, daughter of John Bollar, Sr., deposes at
Warm Springs, 12th November, 1811. Andrew Bourland deposes 14th
November, 1811, aged 58 years, 8th of January last.

 Davis Infants vs. Berry--O. S. 175; N. S. 62--Bill 1st June, 1807.
Thomas Davis died in Augusta, 180_, intestate, leaving widow,
Lydia, and children, viz: Lydia, John, Cinderella, Sarah and
Matilda Davis, infants, of whom James Rankin became guardian.

 Beavins (Blevins) vs. Newell--O. S. 174; N. S. 62--Bill, 27th
September, 1805. In 1765 or 1768 Andrew Baker settled and made an
improvement on land under the Loyal Company now in Grayson County.
Several years afterwards he sold to Jeremiah Harrison, who also
removed to and lived on the land for some time, and sold to James
Mulkey, who settled and lived on the land and then sold to James
Blevins, father of orator John Blevins, 1772. James then moved to
the land, where he resided until his death, in 1801. In 1790 James
Newel made an entry on the lands. George Reves deposes that Andrew
Baker was the first settler on the land, in 1768. Copy of survey of
1,000 (4,400?) acres (known as the Peach Bottom) surveyed for Peter
Jefferson, Thomas and David Meriwether, and Thos. Walker, 16th
March, 1753. Many valuable entries, plats and surveys.

 John Cox vs. Newell--O. S. 174; N. S. 62--Similar suit to above.
Orator settled in the Loyal Grant in 1765 opposite to Andrew Baker.
Enoch Osborn deposes, 1809, that Cap. Jno. Cox settled on the Peach
Bottom 44 or 45 years ago. George Collins deposes, 1809, he settled
there 41 or 42 years ago. George Reves deposes, 1809, he moved to
the country in 1767. 

 Cunningham vs. Fairfax--O. S. 174; N. S. 62--Deed 19th September,
1807, by Ferdinando Fairfax and Eliza Blair Fairfax to William
Flemming Gaines. Conveys Ferdinando's plantation Townique in King
William County, in mortgage. Proved in King William County Court,
25th April, 1808.

     143

 

 






 Alexander Campbell and Jane his wife, of Rockingham County, vs.
Herring--O. S. 176; N. S. 62--Bill 29th May, 1804. Jane is one of
sisters of the full blood of William Herring, late of Rockingham,
who died intestate. At time of his death complainants lived in
Ireland, where the other sisters now reside, but shortly afterwards
removed to Rockingham. Thomas Herring of Rockingham, claiming as
half-brother of William, administered. Answer questions Jane's
relationship to William. Thomas Heron left Ireland about forty
years ago. There was a coroner's inquest on William's body. He was
drowned. Agreement dated 16th August, 1792, between the subscribers
and William Herron, schoolmaster. William is to teach an English
school at following rates, viz: for £30 he is to teach for one year
and to have his boarding, washing, and lodging. He is to teach the
scholars well and truly in Reading, Writing and also Arethmetick,
with care and attention. 3d October the school is to commence.
Jacob Lincoln, Solm. (?) Mathews, John Bordine (?), Jacob Custard,
David Brumfield, Jos. Lair, Cornelius Bryan, Michael Warren, Jesse
Ray, Hannah Haus, Thomas Bryan, Thomas May, David Caufman, George
Crisman, William Gray, Thomas Bryan, Sr., Isaac Wisman, Wm.
Ralston, Dives Bryan, John Bryan, Samuel Dehart, Mr. Traverse, Evin
Thomas (Subscribers). Endorsed Linvills Creek School Article.
Articles of Agreement, 27th November, 1790, between subscribers and
William Herron, schoolmaster. William is to teach an English school
three months for £7-10. Reading, Writing and Arathmetic. Benj.
Tallman (4 scholars); James Henton (4 scholars); Hannah Harrison (2
scholars); Christian Miller (3 scholars); Engle Boyer (2 scholars);
Samuel Allen (1 scholar); Reuben Harrison (4 scholars); Cap. Josiah
Harrison (1 scholar); Jno. Armintrout (1 scholar), subscribers.
Agreement as above dated 23d October, 1788, to teach Spelling,
Reading, Writing and common Arithmetic. John Kirk, Jane Kirk, James
Elliott, Wm. Sterrett, John Craford, James Trimble, Samuel Runkle,
Frances Acord, James Reding, Jno. Hogshead, Thos. Eskil, Hannah
Sawyers, Thos Tumblin, Jno. Ellott, Wm. Crafford, David Boyler,
James Bell, Jno. Lamb. To be paid in grain, wheat at /3 and Rye at
/26. William Blain deposes that William Herron was drowned in
attempting to cross North River, Thomas Herring deposes, 1808, that
from 1784 William until his death lived with him. Hugh Paul deposes
that he was well acquainted with William Herron and Alexander
Campbell's wife, and knows that they were full brother and sister.
John Glendye deposes, 21st January, 1805, that he was acquainted
with a certain William Herron in Ireland for some time before his
death, being very aged when deponent first knew him. Deponent was
the stated Minister of the Gospel in the Congregation of which said
William was a member for about 20 years before deponent came to
America. Said William was twice married and had children by the
first marriage, particularly a son Thomas. Deponent never saw
Thomas in Ireland, he having left there before deponent came to
that congregation and had come to America, but since he came to
America deponent has seen a Thomas Herron of Rockingham who he
understands is the same Thomas. Deponent says he knew William
Herron, Charity Herron, who married Thomas Kyle, since deceased,
Jane Herron, who married Alexander Campbell (plaintiff), and Mary
Herron, who married Thomas Mitchell, all children of William Herron
by the second marriage. That William, Jr., frequently officiated as

     144

 





singing clerk to this deponent in his congregation in Ireland for
several years. William, Jr., came to America some years before this
deponent, but when deponent settled in Staunton, some time before
William, Jr., died, the latter was an inhabitant and he officiated
again as clerk for him in Staunton. Deponent knew Alexr. Campbell
and his wife, Jane, in Ireland and since they came to America, and
he celebrated their marriage. Taken at house of Nathan Griffith in
Baltimore, 21st January, 1805.

 Donaghe vs. Donaghe--O. S. 176; N. S. 62--Orator is Hugh M.
Donaghe, who is son and heir of John Donaghe, late of Augusta, who
died intestate, leaving widow, Margaret, and children, viz:
Elizabeth, wife of John Nichol; Margaret, wife of James Campbell;
Sally, Polly, Jane, John and Thomas Donaghe, infants, and orator.
Orator owned land in Kentucky given him by his grandfather.

 George Fugate vs. Mahon--O. S. 177; N. S. 63--Bill, 1808. In 1772
Francis Fugate, father of orator, settled on a tract within now
County Russell, on big Moccasin Creek, where he lived until his
death. In 1774 he had a survey made under the Loyal Company; but in
1781 when he applied to the Commissioners for a certificate, Robert
Trimble claimed the land by an improvement before Francis, and got
the certificate. About 15 days afterward Francis died intestate.
Orator was infant, oldest son and heir, the widow was Agnes, who
married _____ Mahan. Agness answers in Russell County, 1809. In
1771 Francis was living in Washington County and purchased from a
negro (man of color) William Car, a tract on Mockerson Creek who is
supposed to have bought from John Morgan. In 1771 there was a small
cabin on the land called Robert Trimble's cabin, into which the
Fugate family moved. Francis Fugate swore he would die before he
gave up the land (in 1781), but in about 30 days he was dashed to
pieces by a fall from his horse, leaving six small children. Answer
of John Wood and Allen Riley in Russell, 1809. Agness is widow of
Henry Mahon. In 1792 Francis's estate is distributable as follows:
Wife, Nancy, (now Mahon); daughter, Mary (now Davis); son, George;
daughters, Sarah and Peggy; son, Francis. Henry Dickeson deposes at
Russell Co. Ho., 4th July, 1810, he first knew the land in 1776.
First knew Robert Trimble in 1775; he was living near Abingdon and
moved to Kentucky. Zachariah Fugate deposes ditto. He was on the
land in 1777; brother of Francis; they had a brother Hendley
Fugate. Agness was a widow with a son named James, before she
married Francis. George was 8 or 9 years old when Francis died.
John Fugate deposes ditto. Wm. Baldridge deposes ditto. _____
Colebert Fugate was uncle of orator. John Montgomery deposes in
Russell County, 1810. In 1771 he moved out to this country in
company with his father, Alexander Montgomery, his mother, Martha,
and his brother, Alexander, and others. The same fall Robert
Trimble, Benj. Logan and some others stayed at his father's house.
William Carr is supposed to be a near relation to Genl. Joseph
Martain. Deponent's brother, Alexander, is a gunsmith who is 2-1/2
years older than deponent. Deponent is now 46. John Tate deposes in
Russell. He moved to this country in 1771 and in 1772 it was said
by the old settlers that if Francis Cooper had not sold his place
to John Morgan he might now have had it to live on himself. Morgan
sold to Karr before deponent came to this country. John Smith,
Esq., deposes in Russell 24th February, 1810. He moved to this

     145

 






country in 1769 or 1770 in fall of the year, in company with John
Morgan and others. John Fregor deposes in Russell County, 15th
February, 1810, that he moved to Moquesin Creek to the place where
he now lives, in company with Francis Fugate <I>et als,</I> who
were then moving their families in 1771 or 1772. Deponent's son
Joseph was born 16th September, 1771. Jesse Kain also settled near.
Alexander Montgomery deposes in Russell, 7th March, 1810, that in
1771 he moved with his father to this part of the country and lived
with his father 8 or 10 years. In 1772 one William Huston, _____
Frazier, and Francis Fugate returned up Mockerson and Fugate said
he had been improving land at the Rocky Spring. Francis Fugate
moved there with his family in 1772 or 3. Deponent was 48 years old
the first of last month. John Tate deposes in Russell County, 24th
February, 1810. He moved to Moquesin Creek with his family in the
last of November, 1772, and Francis Fugate was then living on the
land. Francis died in 1781. Francis's widow had four children by
Francis living at his death, and was pregnant with another. Samuel
Haddox deposes, 10th August, 1810, in Clay County, Kentucky, in
1780 he moved to the land in dispute. Francis's stepson was 10 or
11 years old at the time of Francis's death. Deponent believes
Allen Riley was not even born in 1770 and in 1781 he was probably
in Fauquier County. Benjamin Fugate deposes 10th August, 1810, in
Clay County, Kentucky. About 31 or 2 years ago he came to the place
in dispute and lived there about two years. On 13th day of the
month after the Commissioners' Court sat, Francis was killed by a
fall from his horse. Francis had a son George and three daughters,
and the child his wife was bearing was a boy. Hanah Fugate deposes,
10th August, 1810, in Clay County, Kentucky. John Campbell deposes
24th August, 1810, in Washington County, Virginia. In 1771 or 1772
Robert Trimble moved with his family to this country and settled
about two miles from the land in question, lived there until some
time after the Commissioners' Court, and then moved to Kentucky.
Mary Moffett deposes 24th August, 1810, in Washington County. She
remembers that in 1772 Robert Trimble moved to the country. Trimble
was then married to Mary's husband's sister. John Vance deposes,
24th August, 1810, in Washington County. He moved to the country in
1771. John McCullock deposes as above. About five months after
Trimble built his cabin, Mockerson Creek became totally vacated for
fear of Indians, and remained so about a year or more, Francis was
one of the first settlers that returned. (John Campbell says he has
known Jno. McCullogh since a boy.) John Montgomery deposes 13th
August, 1810, in Russell County. In 1771 he moved to this country
with his father, Alexr. James Davison deposes in Russell, 11th
July, 1810. On 1st January, 1774, deponent moved to Mockerson
Creek; has known Alexr. Montgomery ever since 1774, when Alex was
12 or 13 years old (perhaps not so much). John Frasure deposes as
above. He moved to the place where he now lives on Mockerson Creek
in company with Francis Fugate and others in 1771 or 1772. It was
customary for hunters to mark or brand trees (when hunting),
sometimes with powder or coal. Deponent's son Joseph was born 16th
September, 1771. Mary Frazier deposes as above. Joseph Davison
deposes as above. Jesse Cain married deponent's wife's sister.
Colbert Fugate is married to John Tate's daughter. Mary Davison
deposes as above. She is now in her fiftieth year, and thinks she
was about

     146

 






14 when she came to this country, when she saw Francis Fugate
living in a cabin. Jesse Cain married Mary's sister. John McCulogh
(ck) deposes at Abingdon, 20th August, 1810, about a day before
Christmas in 1770 deponent's father moved with his family to
Mockerson Creek and made a settlement within about two miles of the
land now in controversy. About early in 1771, Robert Trimble came
to deponent's father's looking for land. Shortly afterwards Trimble
returned and asked assistance in raising a cabin. Deponent's father
and Thomas Whurry and two or three other men went. (Deponent was
then about 8 years old.) Deponent went along. In the fall of 1771
Trimble came with his family and stopped at Samuel Briggs's, near
where Abingdon stands, took up land in Walker's grant and moved his
family there. Francis Fugate was a rash, overbearing man. At the
time Trimble built his cabin there was not a family on the north
side of Clinch Mountain nearer than ten miles except deponent's
father No one was living on the creek except his father. Deponent's
father was dead at the time the Commissioners sat in 1781. Isbel
McCullock deposes as above. Is mother of John McCullock. She was
acquainted with Mrs. Trimble when she lived in Augusta. Rachel
Jameson deposes as above. Is sister of John McCullock and two years
older. Her father moved to Moqueson Creek in 1770. Some little time
after Robert Trimble and John Gross and some others came to her
father's house. In June, 1771 her father moved his family to North
Fork of Holstein.

 Lowther vs. Keller--O. S. 177; N. S. 63--Deed 13th April, 1795 by
Aaron Brooke and Elizabeth, his wife, heirs of John Sulsor, late of
Fayette County, Ky., and Christiana Sulsor, widow and relict of
said John to Francis Keller of Harrison County. Conveys tract in
Harrison County on Ohio River patented to John 29th August, 1785,
and formerly conveyed by deed to John Hanah and by Hanah
transferred to said Kellar. Recorded in Monongalia District Court,
1795, May term. Deed 17th April, 1789, by John Hanna and Elizabeth,
his wife, of Washington County, Penna., to Francis Keller and
Joseph Glass of Ohio County, Va. Conveys two tracts in Harrison
County on and in the Ohio River, cor. Nicholas Blake and an lsland
(98 acres) in Ohio River, being the first island below mouth of big
Muskingum. Both granted to Hanna by John Sulser and Christiana, his
wife, by deed 12th June, 1787. Patented to John Sulser 29th August,
1785. Recorded in District Court of Harrison, Monongalia, Ohio and
Randolph Counties at Monongalia Court House on 4th May, 1790. Deed
12th June, 1787, by John Sulsor and Christina, his wife, of Fayette
County, Penna., to John Hanna of same place (referred to above).
Recorded in District Court as above, 4th May, 1791. Assigned 8th
January, 1789, to Francis Kellor, Joseph Glass and Nathan Ellis.
Recorded from Wood County Court. Spa. 2d March, 1801. William
Lowther vs. Francis Keller. Bill states on 12th June, 1792,
Nicholas Blake received a patent for 840 acres on Ohio River, then
in Harrison County, but now in Wood, and conveyed by Blake and
Darkey, his wife, to Samuel Craig, who sold to William Martin, who
sold to Thomas Chaney, who sold to orator 52 acres. Keller answers.
Patent to Sulser. Deed 11th January, 1798, by Saml. Craig and Ann,
his wife, of Harrison County to William Lowther. Recorded in
Harrison County Court, February, 1799. Thomas Craig (brother of
Samuel Craig) deposes in Greene County, Penna., 1805. Samuel sold
to John Fleeharty.

     147

 






 Glenn vs. Patton, &c.--O. S. 178; N. S. 63--Bill 2d July, 1811.
William Glenn complains that James Heatley of Monroe County died
testate (will in Monroe) without wife or children, leaving James
Glenn his executor. Henry Heatley had had two sons, viz: James and
Robert Heatley, who were devised certain property in case they came
to Monroe County. About twenty years ago Henry Heatley and his two
sons moved to South Carolina and have not been heard of for many
years. Orator lived in Ohio. Tristram Patton claimed the estate by
a contract. At the date of the contract James Heatley was 20 years
old. He died 25th July, 1809. James Heatley of Monroe County, will.
Brother Henry Heatley and his two sons, James and Robert, dated
21st July, 1809. Recorded in Monroe, August, 1809. Plaintiff's
father lived in Pennsylvania.

 Hanger's executors vs. Lovingood's heirs--O. S. 178; N. S.
63--Bill 1814. Orators are Peter and Jacob Hanger, executors and
heirs of Peter Hanger, deceased. Peter, deceased, had bought all
Harman Lovingood's land lying near Staunton. Lovingood moved away
from Virginia, then died, leaving children, viz: Samuel Jacob,
John, Ann, Harman, Elizabeth (who married William Williams),
Barbary (who married John Beerd), Polly, Catherine and Peggy
Lovingood. Amended bill by Peter Rush and Barbara, his wife (late
Hanger); George Hanger; Frederic Fultz and Hanna, his wife (late
Hanger); Henry Eidson and Catharine, his wife (late Hanger); David
Hanger, the children of Frederic Hanger, deceased. Peter and Jacob
Hanger who are the only children and heirs of Peter Hanger,
deceased (Peter Hanger was called the "Old Rock").

 Henton vs. Henton--O. S. 178; N. S. 63--Complainants are, viz:
William and Evan Henton, and Jacob Laswell and Sarah, his wife,
late Henton, say that William Henton, grandfather of orators, died
in 1779 testate (will in Rockingham), devised land to son William
and, after death of his wife, to his son Thomas and daughters, Mary
and Rebecca. Before his death, William had contracted to sell part
of his land to Ingle Bowyer. After William died George Henton and
Ingle Bowyer entered a caveat in General Court. William's
heir-at-law was Joseph Henton, who removed to Kentucky in 1780 and
was killed by Indians, leaving Thomas Henton, his oldest son and
heir, an infant of tender years. Mary Henton, a devisee, died in
May, 1787, testate (will in Rockingham) and devised her estate to
her brothers, Peter and Thomas. William Henton, Jr., died testate
(will in Rockingham) and devised his estate to orator and oratrix.
Thomas Henton is heir-at-law of Joseph Henton, who was heir-at-law
of William Henton, Sr. Rebecca Henton has married Joseph Grider and
resides in Kentucky. One James Henton and Asher Waterman have
located a survey on the land, and Peter Henton, devisee of Mary,
and also as purchase from Ingle Bowyer. Orators and oratrix are
children of Evan Henton, who went away from Virginia. Orator
William lives in Kentucky. Will of William Henton of Rockingham,
blacksmith, dated 17th December, 1779. Recorded in Rockingham.
Estate to be kept together until son Thomas arrives at age. Wife,
Mary; sons, William, Joseph, Evan, Peter; daughters, Mary and
Rebeckah; executors, wife and Michael Warren. Will of Mary Henton
of Rockingham, dated 13th May, 1787. Mother, Mary Henton; sister,
Rebeckah; devise, brother Peter Henton, brother Thomas. Recoriled
in Rockingham. Will of William Henton of Rockingham. 

     148

 






Legatee, Mary Cowan; legatee, Henry Cowan; cousin, Sarah Henton,
daughter of brother Evin Henton; cousin, William and Evin Henton,
sons of brother Evin Henton. Dated 1st October, 1802. Recorded in
Rockingham, 21st June, 1803. Deed 1st August, 1801. James Henton
and Elizabeth, his wife, of Rockingham to Asher Waterman, 117 acres
on Smith's Creek patented to James, 1801. Recorded in Rockingham,
December 1801. Deed 31st July 1805. Asher Waterman and Sally to
William Henton of Shelby County, Ky., conveys above. Recorded in
Rockingham, September, 1805 Conveyance by Thomas Henton of Shelby
County, Ky., to William Henton. of same place. Tract on Smith's
Creek decreed to Thomas's grandfather by the General Court, 12th
September, 1804. Power attorney by Jacob Gryder and Rebekah Gryder,
formerly Henton, of Rockingham County, but now of Baron County,
Ky., to friend and kinsman, William Henton, of Shelby County, Ky.
Rebekah is daughter of William Henton, September, 1804.

 John and William Huddleston (alias Huddison) vs. Balew--O. S. 178;
N. S. 63--Bill 1812. In 1785 Leonard Balew of Greenbrier died
testate (will in Greenbrier), devising land to his son John. In
1787 John sold to Lewis Tackett, who assigned the bond to orator
William. In 1795 John sold a tract in Kenawha to Joseph Hilyard.
Hilyard assigned to John Hubbert. Hubbert to Allen Prior and Prior
to orator John. Balew has moved to Kentucky or Ohio. Will of
Leonard Balew of Greenbrier County dated 31st February, 1785.
Grandson Leonard Bellew (being heir-at-law). Wife, Jane Bellew;
daughter, Barbara Bellew; son, John. Recorded in Greenbrier, 16th
August, 1785. Bond by John Ballew of Amherst County to Hilyard of
Kenawha, 12th August, 1795.

 John Kenney of Botetourt vs. Brawford--O. S. 179; N. S. 63--Bill
1808. Samuel Brawford of Rockbridge, being indebted to orator
(combining with his son, James Brawford; son-in-law, Samuel
Harper), made sundry deeds charged to be fraudulent. James came of
age 5th June, 1805. He was a boatman on James River and afterwards
a boat builder. He is a tanner by trade. Deed 25th March, 1806, by
Samuel Brawford of Rockbridge to James Brawford, conveys 220 acres
in Rockbridge. Recorded in Rockbridge, 1st April, 1806. Deed 1st
November, 1806, by Samuel Brawford to Samuel Harper, conveys 88
acres in Rockbridge. Recorded in Rockbridge, 1st December, 1806.
Hugh Braford, brother of Samuel, deposes.

 Lemons vs. Woolford--O. S. 179; N. S. 63--Bill 4th November, 1805.
Deed 4th October, 1794, by Alexander Simpson and Elizabeth, his
wife, of Botetourt to Charles Scott of Bath County, 200 acres on
Simpson's Creek in Botetourt, corner George Lemon. Recorded in
Botetourt, April, 1795. Bond by Daniel Woolford of Bath to Conrad
Lemons of Botetourt dated 22d July, 1800, above 200 acres. Charles
Scott is dead, leaving heirs and representatives, viz: Sibert and
Thomas Scott. John Malaly and Elinder, his wife, late Scott; Peter
Flete and Polly, his wife, late Scott (his children), and Elender
Scott, his widow.

 Andrew Lamy vs. Ward--O. S. 179; N. S. 63--Bill 31st July, 1806.
Orator previous to 1st January, 1778, made a settlement on a tract
in then Fincastle County, now Tazewell, and in 1780 obtained a
certificate from the Commissioner. In 1788 John Bowen made an entry
in Russell County

     149