CHRONICLES OF THE SCOTCH-IRISH SETTLEMENT OF VIRGINIA; Vol 2, pp 10-15 by Lyman Chalkley http://www.rootsweb.com/~chalkley Callender & Henderson vs. Robert Harrison, John Appler (Epler) and Charles Donnelly--Rockingham, 1787. APRIL, 1790. Adams vs. Bowyer--Justices of Augusta vs. William Bowyer, administrator of Richard Madison, deceased. Richard was clerk, 1778-1785, and not regarding the duty, &c., performed the same so negligently and unskillfully that during the time of his so being clerk the deeds proved in the said court were not recorded, the wills proved were not recorded, the orders and judgments were not entered, and said deeds and wills, and divers executions were lost, to damage of county, £300. Writ, 17th March, 1786. Report of viewers of clerk's office shows that the proceedings are not recorded from 21st March, 1774; that the deeds which have been ordered to record since 21st day of January, 1783, to this time (April 19, 1785), are not recorded. That no wills, inventories, bonds, powers of attorney, &c., have been recorded since 16th March, 1784. Vouchers, &c., of the taxable property returned are in great disorder, the papers in suits ended are not filed alphabetically, and costs not taxed on the papers. 1786. Estate of Richard Madison, deceased, debtor. March 1, to recording proceedings of the court from November 17, 1778, until his death on ___ day, February, 1785, contained in three books. To indexing the said three books. To recording the deeds which were found unrecorded from 21st January, 1783, and the wills, inventories, bonds, power of attorney, &c., from 16th March, 1784, till his death. Samuel Cornett vs. James Hays--A. and B. Writ from General Court, 7th April, 1785. John Williams vs. James Bell---Debt. Writ, 24th February, 1789. John Wilson vs. Alexander McClenachan--Case. Writ, 30th July, 1789. Arthur Connelly and John Campbell, assignee John Johnston, assignee Daniel Joseph, vs. William Baker--Debt. Writ, 4th July, 1789. John Berry vs. James Frazier, William Terrell, William Ballard--A. and B. and false imprisonment, Culpeper and Rockingham. Writ from General Court, 2d October, 1784. James Devier vs. Uriah Gortan--Ejectment, Rockingham. Writ, 9th October, 1787, 150 acres. Andrew Donnelly vs. Adamjah Mathews--A. and B. Greenbrier, 1784, Writ to Augusta from General Court, 7th January, 1785. James Dougherty vs. Commonwealth--Rockbridge. Selling liquor without license, 8th May, 1789. George Benson vs. Thomas Feemster--Slander. Writ, General Court, 4th July, 1785. James Montgomery about to return to Pennsylvania, his residence, 19th May, 1786. Special verdict. James Montgomery deposes 19th July, 1786. He was appointed wagonmaster under Colonel McCreary, from Augusta County; went down with the militia in June, 1781, and at a certain house below Petersburg (whose owner fled for fear of the British), saw George Benson coming out of said house with either three or four stock locks in his bosom, going towards the wagons. On return of the militia deponent was wagonmaster up to Staunton, and wagonmasters refused carrying sick soldiers and said they were too heavily loaded with various 10 kinds of goods. Upon report thereof, Captain Dickey, Lieutenant Colter, Mr. James Buchanan and Adam Brattan, and deponent searched the wagons and found a considerable quantity of goods that appeared to have been plundered, and amongst them locks of the above description, and cotton, which Benson said were his, as well as a bag full of sundries and other articles, claimed by others of the militia. Commonwealth vs. John Vaughan--Grand larceny. Rockbridge. Samuel Estill and Jane vs. Mary Tees--Trover for a slave. Writ from General Court, 12th October, 1783. Alexander Reid, of Amherst, special bail. James Graham vs. Jacob Peck--A. and B. Writ from General Court, 19th April, 1784. John Davis vs. William McKee--Writ to Rockbridge. Case, 5th May, 1784. Samuel Ewing, of Bedford, about to go to Georgia, 15th June, 1784. Mrs. Davis was moved to Kentucky, and Ewing proposed to take the slave to Mr. John Talbot or Mr. David Wright, in Bedford, who would take charge of him, 17th July, 1784. William Davidson vs. Nathaniel Torbet and Samuel Henderson, of Botetourt. Archibald Taylor vs. George Huston--Trover, Rockingham. Writ from General Court, 8th January, 1785. John Rush vs. Jeremiah Beesly and John Pence--Rockingham. Debt. Writ, 24th June, 1789. Catherine Pence vs. George and John Craig--Debt. Writ, 19th June, 1789. Robert Page (Poge) vs. William Allen--Case. Contract made 1783. Capias from General Court, 13th April, 1784. Robert of Albemarle. Dennis Callaghan vs. John Patterson and Andrew Anderson--Delivery bond. William Noll vs. Jacob Parr--Case. Rockingham, from General Court. Writ, 19th November, 1785. Anthony Mustoe vs. Daniel Joseph--Slander. John Campbell vs. Richard Mathews--Writ, 18th February, 1784, Augusta County. Appeal. Alexander Long vs. Thomas Turk--Case. Writ, 26th May, 1789. Slander. Alexander was a physician. Mary, wife of William Wallace. Verdict for plaintiff. Robert Bratton vs. Samuel Joseph--Appeal from Augusta. William Wiatt vs. John Lewis--Thomas Hughes was brother-in-law of Stephen Tankard, or John Lewis. Writ of certiorari asked by Wiatt on account of Lewis' influence in Augusta. Petition for certiorari to General Court. Suit by Lewis vs. William Wiatt and Stephen Tankard, in August, 1783. Certiorari dated October, 1784 James Heron vs. Euphemia Hughes and Sampson Mathews--Debt. Writ, 4th July, 1789. Samuel Henderson and James and George Crawford vs. William Wilson and Thomas Poage--Debt. Writ, 4th July, 1789. Garber (Michael) vs. Alexander Humphreys--A. and B. Writ, 22d August, 1789. John Housewright vs. Philip Dolt--Writ, 31st July, 1789, for not 11 schooling the plaintiff, nor learning him the art and trade and mystery of a tanner. Thomas Hughart, assignee of Elisha Nox, vs. George Armentrout--Writ, 20th March, 1789, Rockingham. Debt. John Smith, of Rockingham, vs. John Lowry and John McPheeters. Henry Miller vs. Samuel Erwin--Trespass, Rockingham. Writ, 26th August, 1789. Defendant burnt plaintiff's land. Verdict for defendant. Robert Armstrong vs. Jacob Peck--A. and B. Writ from General Court, 27th November, 1784. SEPTEMBER, 1799 (M to G). Reed vs. Reed--Robert Reed, Collin Reed, Hugh Ballentine and Frances, his wife, heirs-at-law of Robert Reed, deceased, demise, 1788, lot No. 7, in Staunton, and 74 acres in Augusta. Ejectment vs. Mrs. Margaret Reed; she had married George Mathews, who is admitted defendant. Tried in District Court, April 3-4, 1792. Special verdict, viz: Patent to Beverley, 118,491 acres. Beverley, on 13th June, 1750, executed power attorney to Lewis & Madison, who executed deeds, 27th May, 1751, to James Miller for 300 acres, part of the patent. Miller conveyed to Israel Christian, 25th March, 1754. Christian conveyed to William Fleming, 23d September, 1763. Beverley conveyed, 23d May, 1765, to William Fleming, 560 acres. Fleming conveyed, 18th August, 1767, to Robert Reed, late of Staunton, 740 acres. Margaret was wife of Robert; married before above conveyance. Robert died, October, 1787, intestate, and without issue, leaving Margaret, his widow, who has retained possession. Robert was the son of John Reed, of the Kingdom of Ireland. He had one full brother named John Reed, and two sisters of the half blood, one of whom intermarried with William Reed, by whom she had several children; the other with William Buchanan, by whom she had several children, of whose death no evidence has been offered. William Buchanan, son of William, aforesaid, by his wife, Margaret, a half sister of Robert Reed, deceased, was in this commonwealth at commencement of this suit. The father and mother of said William Reed were alive in Ireland in June, 1786. John Reed, brother of said Robert, had issue, Robert, John Collin, Frances, Christiana, Barbara and James. Frances intermarried with Hugh Ballentine. Robert Reed, Hugh Ballentine and Frances removed from Ireland to Virginia, 1784, and Collin, two years afterwards. Robert Reed was enrolled in the militia prior to death of Robert Reed, deceased, and attended muster as militiaman, but probably was never naturalized until 21st November, 1787, and Hugh until 28th November, 1787. Collin has never been naturalized. Robert, Collin, Hugh and Frances were in America prior to death of Robert, and were recognized as children of his brother, John, of Ireland. John died 1785 or 1786, a citizen of Great Britain. John Robertson, patentee with Beverley, survived all the other patentees. Act passed 14th December, 1789, entitled an act for vesting real estate of Robert Reed, deceased, in Margaret Reed and her heirs. James Donnally's deposition in Greenbrier, 26th April, 1790, was: Intimately acquainted with John and Robert, then of Belligay, of Kingdom of Ireland, and County of Donegal. Robert came to Staunton. Robert and John were accounted full brothers in Ireland. John and Robert had two brothers and two sisters of half blood. John lived with a woman named Frances reputed 12 to be his wife, and they had a son, Robert. Robert Reed, Collin Reed, Hugh and Frances Ballentine were born prior to 1770. CIRCUIT COURT RECORDS. SEPTEMBER, 1799 (M to G). Reed vs. Reed--Robert Reed, deceased, wrote to his brother, John, in Ireland, saying he was possessed of considerable estate, and asking John to send in some of his children to heir it, and it was in consequence that the plaintiff came to America. William Buchanan, son of William Buchanan of Ireland, died since 1790 intestate and without issue. Robert's mother died before Robert. Beverley conveyed lot 7 in 1749 to John Cunningham. Cunningham conveyed to John Davis, 1758; Davis to Reed, 1763. Certificate of Robert Reed's naturalization in Augusta County Court, 6th December, 1787. Hugh Ballentine, of Greenbrier, in 1798. Deposition of James Donnerley: Was acquainted with Robert Reed before he left Ireland; also his father, John Reed. Robert's mother was dead before deponent left Ireland, in 1761, and John had married again. Hugh owned land in Greenbrier and was about to build, but was prevented by the Indians in 1786, and he was considered a good citizen of Virginia. Taken 24th April, 1798, in Lewisburg, at house of John Mathews. Copy of act to vest the real estate of Robert Reed in Margaret passed 14th December, 1789. Hugh Ballentine took oath of a citizen, 28th November, 1787. Reed vs. Reed--Summons to Montgomery County for James Allen and Mathew Lindsey, 28th February, 1799. Summons to Kanawha for Andrew and James Donnelly, 8th August, 1791. Alexander Nelson vs. Charles and John Hays--Judgment, 1799. John Oliver vs. Samuel Merrit and Anthony Mustoe--Debt. Writ to Augusta, 25th August, 1798. Merrit not found. Mustoe no inhabitant. William Rennick vs. Major Dowell and William Moore--Debt. Writ to Rockbridge, 3d April, 1798. Moody & Price vs. James Bishop--Debt. Writ to Bath, 24th September, 1798. Bond of James Bishop of city of Richmond, 1797. To Moody & Price, of the same place. Palser Tevebaugh vs. John Poage, surviving executor of John Poage-- Case. Writ to Augusta, 25th May, 1795. John Poage, deceased, as county surveyor, negligently performed his duty. Witnesses summoned, 17th July, 1797. James Anderson, son of George. Martin See, assignee Alexander Humphreys; assignee William Chambers, vs. John Shelton McClenachan--Debt, writ, 26th May, 1798. William Ward vs. John Bathy (Batey)--Writ to Bath, 1st March, 1797. A. and B. Summons to Bath for John McNeel and Martha, his wife. ---------------------------------------------------------------- Note:--This book contains notes from the papers in the clerk's office of the Circuit Court of Augusta County, and includes those of the District Court, the High Court, Superior Court, &c. Some of the notes of the District Court records are on separate sheets. 13 Nathaniel Wilkeson vs. John Oliver--Covenant, Writ to Bath, 2d September, 1796. William Trice, assignee of Dabnee Trice, of Louisa County, vs. George Smiley and John McClung--Debt. Writ to Rockbridge, 26th May, 1798. John McCue vs. Robert Bailey. John Fleiger and Robert Donaldson-- Delivering bond, March, 1799. John McKim, Jr., vs. Robert and William Scott--Debt. Writ to Rockbridge County, 25th May, 1798. Solomon Mathews vs. William Vance--Case. Writ to Augusta, 26th May, 1798. Writ to Rockbridge, 12th December, 1798, and returned no inhabitant. William Moore vs. Michael Miller--A. and B. Writ to Rockbridge, 19th December, 1797. Samuel Meek vs. John Dunlop, Jr.--Writ to Rockbridge, 5th June, 1798. Spa. to Augusta for Jenet Peevy and daughter, Jenet Peevy. John Fletcher, an inhabitant of Kentucky, 18th August, 1799. Andrew Thompson vs. Alexander Sillinger--A. and B. Writ, 4th August, 1798. John Towell vs. James Hodgson--A. and B. Writ, 23d October, 1798. EXECUTIONS. APRIL, 1792 (L to Z). Mathias Long vs. Henry Long--Ejectment, Rockingham County, August 29, 1797. Original patent to Richard Malden, Jr., for 2,000 acres on Peaked Mountain, south River Shenandor, 30th June, 1743; 240 acres sold by Malden to Philip Lung. Survey for Henry Lung, 1753. Copy of will of Henry Lung dated 16th January, 1779; probated 27th April, 1779. Widow was Barbara. Eldest son, Henry, and other minor children. Sons Paul, Mathew, Nicholas. Peter Hog was clerk of Rockingham. Grant to Henry Lung, 100 acres on Shenandoe, 1768. James Laird vs. Nathan Underwood, Robert Underwood, Benjamin Fawcett, Benjamin Salvage--Debt. Writ to Rockingham, 28th August, 1797. Nathan and Robert, no inhabitants. Samuel Miller, John Lewis and Rachel, his wife; James Miller, William, Hannah, Martha and Henry Miller, infants, by Samuel Miller, next friend, heirs and devisees of Henry Miller, deceased, vs. James and Walter Davis-- Caveat, 24th February, 1797. Certificate of location of 590 acres for Henry Miller, 1793. Hugh McCurdy vs. John Crawford--Debt. Rockbridge, 23d June, 1797. Dennis Mahoney vs. John Finley--Case. Rockbridge, 1st May, 1797. Peter Nigh vs. Alexander St. Clair--Signature of Thomas Maygonghey. Alexander Nelson, assignee of Edward Brien, vs. William Brownlee-- Debt. Rockbridge, 9th August, 1797 (two cases). Alexander Sprowl vs. Jacob Minnick--Caveat. Writ, 28th March, 1797. Thompson & Teas vs. Richard Literall--Debt. Rockbridge. Writ, 31st July, 1797. 14 Joseph Thompson vs. Richard Morris and Jane--Case. Bath. Writ, 13th May, 1794. Mary Teas vs. Samuel Estill--Debt. Writ, 12th September, 1797. William Watts, assignee Layton Yancey, vs. George and John Houston, and Alexander Herring--Debt. Rockingham. Writ, 6th February, 1797. John Williams vs. James and Andrew Alexander--Writ of right, 20th July, 1796. Verdict for defendant. John Ramsey deposes, 12th October, 1796. John Patrick deposes, 12th October, 1796. John Dalhouse deposes, 12th October, 1796. David Laird vs. James Donaghe--Trespass. Writ, 28th March, 1795, Copy of grant to Samuel Lockhart, 179 acres on Shenandore, 20th August, 1747. Deed of David Laird and Anna, his wife, to Hugh Donaghe, assignee of Jeremiah Smith, 1787, 315 acres on Shenandore. Recorded in Rockingham, June 24, 1787. John Brown, signature, 19th September, 1768. Question as to bed of North River as a fishery and common _____. DISTRICT COURT. SEPTEMBER, 1793 (G to Z). John Wilson vs. Henry Overly--Ejectment, 20th August, 1792. Verdict for plaintiff. Copy deed by Alexander St. Clair and J. Lyles, Jr., trustees for County Augusta, to John Wilson, of Pennsylvania, heir-at-law of George Wilson, deceased, of Pennsylvania, 16th June, 1792. Proved in District Court, September 1, 1792. Lots 49, 59, and 59 in Staunton. Henry Kerr vs. James McDowell--A. and B. Rockbridge. Writ, 7th August, 1792. Gabriel Jones vs. John Andrews, Smith Tandy--Ejectment, 5th January, 1793. Served on Tandy at his house, in Amherst, 22d March, 1793. Jacob Shaffet was son-in-law of John Andrews. Alexander Humphreys vs. Richard T. Banks--Caveat, Augusta, 30th August, 1792. Bricks for plaintiff's house in Staunton, near Co. Ho. Archibald Henderson vs. William Thompson--Ejectment, Augusta, 25th July, 1792. Defendant was tenant of John Logan. James Harris vs. Gawin Hamilton--Case. Pendleton. Writ, 8th April, 1791. Mitchell Reed has removed to North Carolina, 1st September, 1791. He was about to leave 12th April, 1791. Isabella Henderson vs. Thomas Hinds--Caveat, Augusta, 20th September, 1792. Moses Coats, of Pennsylvania, 1793. James Heron vs. Richard Mathews--Ejectment, Augusta, 21st February, 1792. Moses Coates, of Pennsylvania, 1793. Patent to John Archer, 2,400 acres, by inclusive survey, 1782. Deed by Alexander St. Clair, Robert Gamble and James Heron to Jacob Kinney, 1,700 acres, mortgaged to Nelson Heron and Coby Richard Mathews. Archer's survey, corner John Gardner, dated 12th May, 1791. Proved in General Court, 11th November, 1791. John Young vs. Thomas Turk, Jr.--A. and B. Augusta, 5th December, 1791. 15