CHRONICLES OF THE SCOTCH-IRISH SETTLEMENT OF VIRGINIA; Vol 2, pp 16-23 by Lyman Chalkley http://www.rootsweb.com/~chalkley Philip North vs. Peter Heiskell--Trespass, Quare Clausum Fregit. Augusta, 30th June, 1791. Patrick Owens vs. Benjamin Darst--A. and B. *Rockbridge, 5th October, 1792. Philip Pendleton vs. Robert Christian--Case. Augusta, 2d April, 1792. Affidavit, 20th October, 1792, that Philip Pendleton is inhabitant of the new State southwest of the Ohio. Henry McCleland and Andrew Alexander vs. Alexander Stuart--A. and B. and false imprisonment. Rockbridge, 15th December, 1791. Isaac Mynes and Sarah vs. David Risk--Case. Augusta, 21st August, 1792. Anthony Mustoe and William Chambers vs. John Poage, Thomas Poage, executors of John Poage--Case. Augusta, 21st October, 1790. JUDGMENTS. SEPTEMBER, 1793 (G to Z). Robert Martin vs. John Clark and Rebecca--Slander. Rockbridge, 1st November, 1791. John Heslup about to remove to Kentucky, 2d April, 1792. Robert Martin, of Greenbrier, to Thomas Scot, of Rockbridge, power attorney, 9th April, 1793. John Heslip deposes, 22d May, 1793. Plaintiff was son of William Martin. William McCreery vs. Thomas Feemster--Trespass. Bath, 18th August, 1792. John Montgomery about to remove out of the State, 5th September, 1792. Sarah Black, George Black and Jenney Peoples are about to remove from Bath County to Kentucky. Joseph Malcom vs. John McAllister and Ann--Case. Bath, 28th December, 1792. James Moffett, assignee Jacob Kinney, vs. Philip North--Debt. Augusta, 28th August, 1793. Hugh Nelson vs. William Palmer, Sr.--Case. Augusta, 5th April, 1792. David Gwin vs. Stephen Wilson and Jane--Slander. Bath, 7th September, 1791. William Gwin, Bath County, deposes, 25th August, 1792, that David bears a good character. They have lived neighbors 24 years. Julian Irick, Bath County, deposes, 25th August, 1792. Coonrad Irick. William Stines, 4th September, 1792, late of Bath, now of Georgia. Samuel Johnson deposes, Bath County, 17th July, 1792, when he was living with Stephen as a servant, which was in 1774. APRIL, 1795 (K to Z). Henry King vs. William Johnston--Case. Augusta, 31st October, 1793. Spa. to Spottsylvania, 17th March, 1795, for Thomas Wells, Jr. James Kilbreath, infant, by John Kilbreath, father, vs. William Pettigrew--Case. Rockbridge, 8th May, 1794. John Kennedy vs. Frederick Myers--Caveat. Augusta, 18th March, 1794. George Kelly vs. Absalom Garnet--A. and B. Bath, 10th October, 1793. 16 Anthony Mustoe vs. Thomas Lynn Lewis, Elizabeth Strother Lewis, Charles Augustus Lewis, John Banks Lewis. Writ of right, 26th June, 1793. Bath, 400 acres in Bath on Thompson's Mill Run, a branch of Cowpasture, surveyed for defendants, 29th September, 1792, by virtue of a location made 3d February, 1787, in name of John Lewis, for 400 acres. Plaintiff claims, by a survey of 1,000 acres, made January 10, 1793, by virtue of three locations, &c., viz: (1) 397-1/2 acres, by warrant, for 1,000 acres, No. 12,433 assignee of Charles Copeland; (2) 202-1/2 acres, by warrant, for 4,000 acres, No. 489, assignee John Oliver, assignee Zachariah Clarke; (3) 400 acres, by virtue two warrants (a) 140 acres, by warrant, for 500 acres, No. 12,600, assignee of George Clendennin, (b) 260 acres, by warrant, for 1,687-1/2, No. 12,095, assignee William Poage, assignee James Rucker, assignee Augustine Rucker. Locations for Mustoe at Warm Springs. Three cases. Henry Miller vs. John Sweeney--Case. Appeal from Rockingham, 1792. John Lowry vs. Christian Kintzer, Andrew Erwin and John Kintzer-- Trespass. Augusta, 10th February, 1793. Land in Rockingham. Gasper Mefford, Jr., vs. Vallentine Sherley--Slander. Augusta, 29th June, 1793. Spa. to Pendleton for Barnhart Willey (Vily). Spa. to Madison for Abraham and Joseph Robinson. Spa. to Rockingham for Gasper Mefford, Sr., John Trimble, Abraham Robinson, John Harner, William Brady, Mary Mafford, John Boyle, John Cathe, Sr. Spa. to Bath for George Lemons. Elizabeth Sealor, of Albemarle. Anthony Mustoe vs. Andrew Moore--Case. Bath, 24th June, 1793. Spa. to Bath for James Kelso and Joel Walker. Spa. to Rockingham for William Millor and Samuel Brawford. Spa. to Bath for John White and John Oliver. Defendant said: "I have every reason to suspect Anthony Mustoe for stealing from me the sum of £10 in two parcels, which I had for the purpose of carrying to Richmond, and if he had got his deserts in London or been drowned in the sea and the rocks of damnation laid on him," &c. Daniel Norton vs. Joseph Byers and James King--Delivery bond, 1794. John Paul vs. James Beaty and Isabel, his wife; Hester, Jane and Jinny Paul--Contest over will of John Paul, Rockbridge, 6th January, 1795. Isabella, daughter of John, testator. Jacob Perkholder vs. William Dunlap--A. and B. Rockbridge, 24th February, 1794. Plaintiff was removed to and an inhabitant of Pennsylvania, 25th August, 1794. Affidavit in Rockingham by Henry Judy. Robert Porterfield vs. William Kennerley, James Kennerley and James Kennerley, Jr.--Motion for debt, January 22, 1795. John Paul vs. Alexander Smiley--Slander, Rockbridge, 1st September, 1790. Brewer Reeves, assignee John Reeves, vs. assignee of Mathias Lair. Ezekiel Harrison--Debt. Rockingham, 23d December, 1793. Margaret Scot, infant, by Thomas Scot, next friend, vs. James Ford and Christiana--Case. Rockbridge, 28th February, 1794. John Smith and James Baker vs. Robert Elliott--Case. Rockingham, 26th March, 1794. James Stuart vs. William Chambers--A. and B. Augusta, 11th January, 1793. 17 Henry Speck vs. Andrew Lackey--Case. August, 1793. James Write, assignee of William Reneck and William Hamilton, executor Andrew Hamilton, vs. Sampson Mathews and Thomas Hughart--Debt. Augusta, 7th January, 1794. SEPTEMBER, 1791 (A to C). Joseph Burk vs. Gabriel Pendleton--Case. Augusta, 22d November, 1791. James Buchanan vs. James Parks, Sr. and Jr.--Debt. Rockbridge, 31st July, 1790. John Bell vs. John and Christopher Graham--Debt, Augusta, 1st September, 1790. Commonwealth vs. Elizabeth Hazle--Examination suspicion murder of her base born child. Rockingham, 1791. Lewis Craig, assignee James Wallace, vs. John Fulton--Debt. Rockbridge, 27th June, 1788. Andrew Black vs. John Heager--Trespass, Augusta, 9th November, 1790. Abraham Fulkinson is in the Kentucky country, 7th September, 1791. Commonwealth vs, John Bullitt, late of Rockingham--Horse stealing, 1791. Dismissed. Commonwealth vs. Thomas Hughart--Indictment for perjury in making oath to a false list of delinquents and insolvents. Not guilty. Charles Callaghan vs. John Hicklin--A. and B. Augusta, 18th September, 1790. Andrew Cutler and Agnes, James Bowyer and Margaret, being entitled by descent upon Agnes and Margaret, vs. Uriah Garton--Ejectment. Rockingham, 17th March, 1791. Grant to Hugh Divier, 115 acres in Augusta, North River, at mouth Beaver Creek. Daniel Henderson's line, 16th August, 1756. Cutler vs. Garton--Will of Hugh Diver, of Augusta, dated 12th March, 1774. Probated in Rockingham, 27th April, 1778. Wife, Agness; sons, James, John, Hugh, William; daughter, Margaret; granddaughter, Margrit Diver. Lewis Craig, assignee James Wallace, vs. John Fulton--Debt. Rockbridge, 1st May, 1790. Capias from General Court, 27th June, 1788. Tully Davitt vs. Thomas Rhoads--Debt. Augusta, 27th May, 1790. George Davis vs. Archibald Stuart, administrator Mathew Reed--Debt. Augusta, 20th October, 1792. Account dated Philadelphia, 31st October, 1771. Same vs. Same--Debt. Augusta, 20th October, 1790. Bonds by Reed to Davis, 2d November, 1771; 22d October, 1772. Witnesses, John Field, Jacob Plunkinhorn and Timothy Carrell. Uriah Garton vs. Hugh Divier--See Carter vs. Garton, Supra. Detinue. Rockingham, 5th June, 1790. Bill of sale by John, Hugh, William Divier, of Rockingham, to Margaret Divier, 28th June, 1778. Witnesses: James Divier, John Rice, Robert Huston, James Quinn. Special verdict. Hugh Divier, Sr., died, 1774. Margaret was only daughter of Hugh, Sr. Plaintiff married Margaret, March, 1785, and Margaret died prior to 1st March, 1790. Agnes, widow of Hugh, Sr., died, April, 1790. 18 Elizabeth Graham vs. James Ewing and John Scott--Debt. Augusta, 21st October, 1790. Bond dated 7th October, 1786. John and Thomas Gilliat, from Richmond, vs. Mustoe & Chambers-- Case. Augusta, 16th March, 1791. Ann Dougherty, by William Dougherty, her next friend, vs. Richard Patton--Case, Rockingham, 3d January, 1791. Mary Devericks, by Thomas Devericks, her next friend, vs. John Erwin-- Case. Augusta, 17th August, 1760. Witnesses from Bath, James Steuart, William Jones, Thomas and Diana Botkin. Michael Garber vs. Alexander Umphreys--Malicious prosecution, slander and false imprisonment. Augusta, 6th April, 1790. (Arose from a suit in Augusta, 8th August, 1788, for slander.) Zackariah Talliaferro deposes, Augusta, 1st June, 1790: Prior to commencement of suit, Dr. Humphreys against Michael Garber, a report had prevailed among Staunton people and its neighborhood that a person had been murdered, whose remains were found in a cave near Staunton. It was hinted that Dr. Humphreys was privy to the transaction. Deponent had been made privy to the dissection of the body of the negro, whose body was found by one of the students of anatomy. Dieter (Teterach) Fishburne deposes, 21st March, 1791: He was bred near Garber's until the year 1780, then being about 22 years of age. Garber then moved to Yorktown, Penn., about 25 miles from where he formerly lived. APRIL, 1791 (I to Z). John Thomson Mason, assignee of Jacob Evy, vs. John and Samuel Cunningham--Debt, Augusta, 23d August, 1790. Bond by defendants, now of Allen Township, in Cumberland County, Pennsylvania, to Jacob Evy, of Westmoreland County, same State, 1789. Test: C. Quigley, John Greer. Assigned, 21st May, 1790, to Christian Nuoman. Test: Benjamin Duvall. Assigned to Jacob Evy. Assigned, 22d May, 1790, to John Thomson Mason, £100, gold or silver coin, Pennsylvania currency; £100 Virginia currency. Same vs. Same--Debt. Augusta, 23d August, 1790. JUDGMENTS APRIL, 1791 (I to Z). Elias Willman and Esther vs. Alexander Long--Slander. Augusta, 21st August, 1789. Andrew Jordan, assignee of John Jordan, vs. John Armstrong and Gavet Erwin--Augusta, 17th August, 1790. Joseph Jewell vs. Samuel Harding--Debt. A. and B. Augusta, 15th April, 1790. Gabrill Jones, assignee Gabrill Madison, assignee John Madison vs. John Bowyer, Samuel McDowell, surviving obligors of Thomas Bowyer, James McDowell, John Bowyer, and Samuel McDowell--Rockbridge, Debt, 17th 19 March, 1790. Bond dated 1761. (John, Thomas and Michael Bowyer are brothers.) Benjamin Kennerley vs. Anthony Geiger--A. and B. Augusta, 8th July, 1790. Leighton Yancy, John Stuart, Francis Kirtly and William Herring, executors Thomas Lewis, vs. John and Reece Thomas, and Henry Ervine--Debt. Rockingham, 29th April, 1790. Joseph Dictum and John Givin, executors Joseph Love, vs. Casper Dager--Debt. Augusta, 26th February, 1790. James Kenner vs. Alexander Nelson--Covenant. Augusta, 12th March, 1790. John McKean, Benjamin Lewis and Alexander McRoberts, administrators Patrick Couts, of Henrico, vs. William Bowyer--Bond dated 22d September, 1772, Augusta. General Court writ, 13th March, 1788. Menan Mills, assignee Robert Brown, vs. Sarah Searight and William Logan, administrators Alexander Searight--Debt. Rockbridge, 8th June, 1790. William Bowyer in account with Patrick Coutts, 1766. Mathews vs. Mustoe--Sci fa. Thomas Stephenson vs. Jacob Swallow, Leonard Shown, William Wilson--Debt. Augusta, 23d March, 1790. Robert Stuart vs. George Eagle--Debt. Augusta, 10th November, 1789. James Pendleton vs. William Rice--Debt. Augusta, 10th May, 1790. Adam Reader vs. Michael Baker--Slander. Rockingham, 27th May, 1790. Hugh Nelson vs. William Palmer--Debt. Augusta, 22d March, 1790. Gish's executors vs. Garber--George and Mary Gordon, of Botetourt, are about to remove out of the State, 10th March, 1791. Christian Mummer vs. Jacob Peck and Michael Fackler--A. and B. Augusta, 29th April, 1790. Same vs. Same--False imprisonment. Jacob Danner deposes, Botetourt County, 6th July, 1790: Aged 22 years; Mummer kept Fackler's mill. George Danner, same, aged 23. Peck vs. Mummer--Same as above. William McCutchen, infant, by David Fulton, next friend, vs. John McCutchen, Jr.--A. and B. 16th June, 1790, Augusta. John McCray and Mary vs. James Carson--Slander. Rockbridge, 30th December, 1789. SEPTEMBER, 1790 (A to G). Fulton vs. Hays & Hill--Affidavit that Richard Woods lives in Greene County, North Carolina, and his deposition, 12th March, 1790, before Benjamin Gist and David Russell. Smith vs. Ewin--Affidavit, 7th May, 1790, that Hamilton Rodgers lives in District of Kentucky. SEPTEMBER, 1791 (H to Z). Patterson vs. Wilson--Original lease and release, Beverley to John Wilson, 1739. Recorded Orange County, 28th June, 1739. Same to Nathaniel 20 Patterson, 1740. Recorded in Orange, 24th June, 1740. Same, Mathew Pattison and Jane, of Augusta, to Robert Pattison, brother of Mathew. EXECUTIONS. SEPTEMBER, 1796 (H to T). Jacobs vs. Wardlaw--John Wardlaw and James Wardlaw, Jr. Inhabitants of Kentucky, 19th November, 1795. From Rockbridge. Morrison vs. Huston--Nathan Huston, of Kentucky, brother (?) of George Huston, of Rockingham, 6th September, 1792. Affidavit, 3d September, 1795. John Morrison moved to Kentucky eight or nine years ago and service of writ on him in Lincoln County, 1792. Nathan's deposition to be taken at Lincoln Court Ho. Kentucky. John McCarty and Martha, late Martha Vance, administratrix of John Vance, vs. Samuel Vance. Balsley vs. Coiners, executors--Michael Coiner's will, 1796. Kennerley vs. Turk, Jr.--For killing Plaintiff's dog. Jamison vs. Kelso--Michael Ayleshi, of Bath County, is about to remove to Holstein. Andrew Kennedy and William Martin are about to remove to Kentucky, 1797. David Martin about to remove out of State. William Rhea and William Martin intend, 3d September, 1796, for Kentucky this fall. Keys vs. McCampbell--From Rockbridge. JUDGMENTS. APRIL, 1799 (K to Z). McCampbell vs. Keys & Moore--See suit Keys & Moore vs. McCampbell, 1796, executions, H to T, September. McPheeters vs. Moffett--James McCleery's deposition to be taken in Lexington, Ky., 1799. Lee's administrator vs. Munroe--William Ludwell Lee, administrator, with the will annexed of William Lee, of James City County, deceased, complains of John Munroe, late of Fanlis, in the county of Richmond and State of Virginia, but now of Augusta County, 2d June, 1798. Bond dated in Richmond County 1st May, 1795. John lived in Staunton and took the bankrupt law, 1799. His inventory: A debt due John from Meriwether Jones, administrator Sally Jones, deceased, as a legacy devised to John's late wife, Jane. APRIL, 1793 (A to Q). O'Neal vs. Donovan--John Jones and Providence Jones about to remove from the Colony. Lyle vs. McCampbell--Bond by Samuel McCampbell, of Botetourt, to 21 Samuel Lyle, 5th March, 1774. Forthcoming bond by Samuel and surety of Rockbridge County. Gish vs. Michael Garber--On a judgment in Pennsylvania vs. defendant, of Yorktown, Penn., in 1784. Gamble vs. John Wilson--Bond and signature of John Wilson, of Jackson's River. Donaghe vs. Laird--Copy of deed, David Laird and Anne, his wife, of Augusta County, to Hugh Donaghe, assignee of Jeremiah Smith, 1787, recorded in Rockingham, 24th June, 1787. Depositions of Jeremiah Smith and John Donaghe to be taken at the house of David Ruable, in Greene County, North Carolina, 11th November, 1789. Also of James and John Donaghe, and Thomas Davis, on 15th May, 1789, at house of Russell, Greene County, North Carolina. Deposition of Thomas Davis, Samuel Lamb. Donaghe spelled Donaghoe. Commissions to David Russell and Robert Campbeel in Greene County, North Carolina, to take depositions. Craig vs. Poage--Bond. John Poage to George Craig, heir-at-law of Rev. John Craig, 7th October, 1782. APRIL, 1799 (A to C). Brooks vs. Lawrence Lynch and Catharine, his wife. Bratton vs. Montgomery--George Bratton lives in Kentucky. Connell vs. Erwin--James Moffett, John Clemmons and John Peeters, some going to Kentucky and some removing from this part of the country. SEPTEMBER, 1799 (A to C). Carson vs. Young--Deposition of James Hastings, in Rockbridge, who is about to leave the State, 9th April, 1799. Long vs. Chambers and William Bowyer--Sheriff returns that he was kept off by Bowyer by force of arms. Attachment against him 4th June, 1798, "executed on part of a Riding Chear." Lawrence Lynch vs. Thomas Patterson--Plaintiff of City Staunton, 15th December, 1797. William Bowyer, Anthony Mustoe and William Chambers vs. Margaret Lewis--1796. From Bath County. Suit for prohibiting plaintiffs, and then boarders, from using the Warm Spring, contrary to sale of lots by her husband, John Lewis. Thomas Lewis swears justice will not be done Margaret in County Court of Bath. SEPTEMBER, 1799 (A to O). Robert Cummins vs. William Bell--Trespass. Writ, 30th May, 1798. John and Jane Cummins, summoned as witnesses, 21st August, 1799. Verdict for plaintiff. Depositions of John Elliott, James Cunningham, Francis Bell, Samuel Bell, Nephew of William Bell, Sr. Jane Cummins, daughter of Robert Cummins, says, 30th April, 1799, that it is about 23 or 24 years since her father came to this place to live. 22 APRIL, 1795 (A to J). Bratton vs. Hays--Bond by John Hays, of Rockbridge, to Adam Bratton, 26th April, 1784. Test: Andrew Lockbridge, George Bratton. Crawford vs. Greens--Copy of entry of Timothy and Joseph Green: 1,000 acres on North Mountain, on road from Walter Trimble's joining lines of John Trimble and James Elliott, James Bell, Major Smith Mynes, James and Samuel McChesneys et als., on to Campbell's Gap, by virtue of warrant 10994, to William Armstrong, dated 18th February, 1782. Deposition of Patrick Buchanan, 1792, mentions iron ore. Bank at Clark's Gap. Deposition James Bell in Fayette County, Ky., 1794, at house of Enos Brent, in Lexington. Deponent sold land in Augusta on Calf Pasture to the Greens. Erwin vs. Curry--Dep. Anderson Fargison, 1795. William Guthery vs. John Guthery--Ejectment, February, 1792, involves deed from Beverley to Stuart, 25th November, 1751, recorded in Augusta. John Hall vs. Benjamin Harrison, Jr.--Rockingham. Martha Scott, wife of Thomas Scott. Bond by Benjamin Harrison and Frederick Spangler. Letter of John Hall, Middle River. August 7th, 1793, saying his daughter is dead; also June 5th, 1793, daughter Polly died without children. Martha Scott's deposition, she was daughter of plaintiff. Taken at Thomas Scott's house in Harrisonburg. William Johnston vs. Henry King--Deponent, Mary Scott. Jane Johnston, wife of William. Mary is about to remove out of the State. APRIL, 1793 (A to G). Bell vs. Torrance Falls--Signatures. John Bell vs. William Crawford--April, 1793, abates by plaintiff's death. Mary Brawley vs. Josiah Anderson--Rockbridge. Breach promise marriage. Samuel Mathews vs. Samuel Dale--A negro mulatto miller for John Wilson. John Kerr is about to remove to Western Frontiers of this county. Brawley vs. Anderson--Affidavit, 11th August, 1793. John Kerr is enlisted in the cavalry under Captain Bowyer, of Botetourt, and is about to march in a few days towards the Western Frontiers of this country. Dep. of John before Pat. Lockhart, Thomas Rowland and John Hawkins, justices of Botetourt, 23 August, 1792. Crawford vs. Timothy and Joseph Green--Defendants, of Pennsylvania. Dixon vs. Kerr--Original patent by Frau. Fauquier to William Carr, 2d June, 1760, for 188 acres on Cathey's River, corner Beverley Main Line. Original deed, Andrew and Margaret McClure to John Dickson, recorded 1786. Same, William Carr and Martha, to Andrew McClure, 1768. Original patent by Jefferson to John Dixon, 5th September, 178_ (fifth year of Commonwealth), 91 acres. Duncanson's executors vs. Brownlee--Certified copy of will of Andrew Duncan, Lincoln County, Va., dated 25th March, 1784, to sister's children, viz: Elizabeth Buchanan's son Andrew, to sister Mary Craig's son James, and sister Jenny Edminston's son Andrew, sister Jean McKenny's daughter Jenny, sister Florence Brownlee's daughter Jenny.--Exn. brother-in-law John Edminston and John McKenny. Witnesses: William Edminston, 23