JUDGMENTS AT RULES.
1751.
Bell vs. Borden's executor.--James Bell (one entry for himself and one
for John Mulholland, his servant) prior to 1738, and on February 21, 1738,
Alex. Breckinridge, George, James, Robert and Adam Breckenridge, John
Moore, Quantin Moore, George Henderson, Thomas Armstrong, John Bell,
John Walters, William McCanless, Robert Poage, Seth Poage, Daniel
McAnaire and John Grove entered each 100 acres with Benjamin Borden, but
got no deed. Suit by James Bell to get deed. Benjamin Borden, Jr., charges
in answer that James Bell caused a servant wench of his to be dressed in
man's clothes and made an entry in her name as a man, and also caused
another woman, the wife of William McKenless, to appear in her proper
person on a different part of land as the wife of another settler and thereby
obtained another entry.
Edmon vs. Borden.--James Robison (Robinson), aged 68 years, July 3d,
1750. Jennet Robison (Robinson), aged 38 years July 3d, 1750.
Cravens vs. Fowler.--In 1750, Elisha Fowler was living in Carolina.
AUGUST, 1752.
Paul vs. Borden.--John McDowell died intestate, leaving Samuel
McDowell, his eldest son and heir, and then Magdalen married Benjamin
Borden, Jr.
Harrison vs. O'Neal.--Robert Harrison, infant, by Daniel Harrison, his
father and next friend.
305
JUDGMENTS.
AUGUST, 1751.
Downs vs. Crawford.--Patrick Crawford was a horse trader.
COUNTY COURT JUDGMENTS.
AUGUST, 1751.
Heede vs. Phillips.--Stephen Phillips, Jr., came from New Brunswick,
County Middlesex, Province East New Jersey.
Westfall vs. Richardson.--In 1750, Daniel Richardson piloted and
transported Adam Breckenridge out of this Colony to Carolina, where Adam now
is against statute. Adam was indebted to plaintiff.
West vs. Walling.--Wiilliam Wallen had moved from Augusta to Carolina
in 1751.
JUNE, 1752.
Montgomery vs. Cochran.--Peter Cochran (Coughan), late of Lancaster
County, Pennsylvania, but now (1751) residing in Colony of Virginia.
NOVEMBER, 1752.
Bell vs. Callison.--James Bell vs. James Callison (otherwise lately called
James Callison in the settlement Albemarle County, Virginia).
AUGUST, 1752.
Purvaiance vs. Strother, administrator of Rutledge.--William Purvaiance,
of the Township of Paxton, County of Lancaster, Province of Pennsylvania.
Bond to him by James Rutledge.
Dickinson vs. Lewis.--George Lewis, of Township of Cennery, and County
of Lancaster, Pennsylvania. Yeoman bond to Nicholas Roberts, of Township
of Coventry, and County Chester, Pennsylvania, 1742.
Breckenridge vs. Trimble.--Robert Breckenridge and Mary, his wife, late
Mary Poake.
Dunning vs. Strother, administrator of Rutledge.--James Rutledge, of
Lancaster, Pennsylvania, and Robert Dunning, of Ponsborough, in Lancaster
County, Pennsylvania. Bond to Samuel Blanton, 1741.
Grub vs. Parker, administrator of Rutledge.--Benjamin Grub and Hannah,
his wife (late Hannah Humphreys).
AAUGUST AND PART NOVEMBER, 1752.
Moore et ux. vs. Mitchell et ux--David Moore and Mary, his
wife, vs. William Mitchell and Margaret, his wife. Slander. Filed December, 1749.
Draper vs. Connolly and Breckinridge.--Eleanor Draper complains of
John Collony, otherwise John Connolly, and George Breckinridge, administrator
of James Connolly (or Collony). Bond dated 1749.
306
Wright vs. Linn.--Dr. John Linn had left the County, 1752.
Ritchie vs. McClure.--Andrew McClure, obliger, to John Patton, obligee.
4th July, 1752.
JUNE, 1752.
Allen vs. Denham.--Daniel Allen, late of County of Bucks, Pennsylvania,
was brought to the County by Joseph Denham as an apprentice on the plantation.
Westfall vs. Richardson.--John Story and John Rutledge, of the County
of Chester, Pennsylvania, traders, obligers, to William Blyth, of Lancaster
County, Pennsylvania, obligees, dated 1742. John Patton a witness.
Rutledge "not found" in 1750.
Woodley vs. Lebo (Leyborn?) (Leborn?).--John Leebow, of County
of Philadelphia, Pennsylvania. Yeoman. Bill of sale to Jacob Woodley, of
Augusta County, dated 1747.
Devitt vs. Murley.--Charles Devitt married Jane Evans, grand-daughter
of Cornelius Morley, in July, 1752, according to the ecclesiastical rights of
Episcopal Church.
Griffiths vs. Job.--John Griffiths brings suit against Elisha Job, charging
that Job assaulted John's son, Edward Griffiths, an infant, in 1750.
Fulton vs. Pickens.--John Pickens, of Augusta County, obliger to James
Fulton. Dated 1746.
NOVEMBER, 1752.
Campbell vs. Campbell.--Moses Campbell, of Augusta County, obliger to
Daniel and Alexander Campbell (of King George?), gone to Carolina in
1752 (he lived on South River). Not found in 1751 and 1750.
MARCH AND PART OF MAY, 1753.
Robinson vs. Patton.--John Patton's estate attached, September, 1752.
Robinson vs. Hugart.--Hugart's bond to John Robinson, Esq., of King
and Queen, and John Lewis, dated 1750. Several suits, probably for land,
against many different people.
MAY, 1753.
Bell's executor vs. Benjamin Borden.--Copy of bond of Benjamin Borden
to Alexander Breckinridge, George, James, Robert and Adam Breckinridge,
John Moore, Quantin Moore, George Henderson, James Bell, Thomas
Armstrong, John Mulholan, John Bell, John Walters, William McCanless,
Robert Poage, Seth Poage, Daniel McAneer, John Gwinn. Condition, that if
Benjamin Borden will give each 100 acres where they have already chosen
and entered with John McDowell, and shall build and improve on said 100
acres by 1st April next. Witnessed by John McDowell. Dated 21st
February, 1738-9.
Michael and Augustine Price vs. Lorton and Patton.--In July, 1748, the
Prices agreed with Israel Lorton to purchase from Lorton, land on New
River. Lorton had bought 3 tracts from James Patton, 1, containing 400
acres, at mouth of Jones (Toms) Creek, where Lorton had entered and
improved, called Lorton's First Improvement; 2d, 400 acres at Horse Shoe
Bottom, called Lorton's Second Improvetnent; 3d, 400 acres at Beaver
307
Dam. Prices bought 1st and 2d. Bill filed, 1751. Tract No. 1 is in
possession of Michael Price and Philip Horloes; No. 2 is in possession of
Augustine Price and his brothers, Daniel and Henry Price. Amended bill
filed, but Israel Lorton died, and bill for revivor. Jacob Lorton and Jacob
Harman were Lorton's administrators.
Robert Robinson vs. James and John Shields.--In 1746, James Shields
sold to William Snodon a tract of land in Borden's Grant, and Snodon sold
to Robert Robinson, but no deed made (1748). In April, 1749, James
Shields died intestate, leaving his son and heir-at-law, John Shields, an
infant. Answer by John Shields, guardian of John Shields, infant. Sheriff
returns (1752) that John Shields, infant, lives in Albemarle.
Joseph Mays vs. John Lewis.--In 1746, Mays bought 500 acres of Lewis
in Cowpasture, and on Jackson's River, latter adjoining William Wilson,
surveyor, was James Trimble, alias Turnbull.
Square and Compass vs. Pill and Bolus.--(Really Edward Beard against
John Flood.)
Francis Sybert vs. Donnally and Garrison.--In 1749, Sybert bought of
John Donnolly 300 acres on headwaters of Roanoke River in Colonel
Patton's Grant of 5,000 acres, but John transferred his right to Paul Garrison.
Andrew Campbell vs. Thomas Gray.--Andrew Campbell, of Frederick
County, obligee, from Thomas Gray, of same County. Bond dated 1747.
Call vs. Miller.--John Call, "alias Scull," vs. David Miller.
Peter Ruffner vs. William Miller.--Defendant had gone to Carolina in
1752.
John Harman vs. Benjamin Hardin.--John Harman sues Benjamin Hardin
because Benjamin said John was a convict, meaning that the plaintiff
was convicted in Great Britain, or Ireland, of some felonious crime and
transported to his Majesty's plantation in America for the same.
The Seven Wise Masons, or St. George for England, with his Prime
Minister of State, vs. William Richey.--Peter Scholl vs. William Richey,
of Frederick County. Returned "living on Reed Creek, 1752."
Boyd vs. Scott.--Andrew Scott's bond to Adam Boyd, of Chester County,
Pennsylvania, dated 1752.
JUNE, 1753.
William Davis vs. John Lightfoot and George Brown.--Bond of John
Lightfoot and George Brown, both of Frederick County, to Davis, 1748.
No return as to Lightfoot.
MAY, 1753.
Bourland vs. Whitaker and wife.--James Bourland complains that
defendant said "William Gregg can prove James Bourland a dog thief in
Pennsylvania (meaning that one William Gregg informed the defendant that
the plaintiff in Pennsylvania had stole dogs) and that William Gregg could
prove it."
Carpenter vs. Moses Thompson and John Patton.--Defendants live on
South Branch.
James Montgomery vs. Brian Gauhagan.--Defendant in Carolina, 1753.
Rogers and Sutton vs. Vanderpool.--Not executed by reason Abraham
Vanderpool lives on Greenbryer.
308
Cohoon vs. Miller.--Contract for building a dwelling with dimensions
and descriptions.
John Paul Vaught (?) and Catherine, (?) Caspar Paul Vought and
Elizabeth, his wife, vs. Robert Hooks.--24th March, 1750.
Ramsey vs. Elliott and Smith.--John Ramsey married Margaret Crockett.
Abraham Potter vs. Robert Craven.--In 1744, bought of James Fisher
350 acres. Fisher executed a bond and Potter agreed to make payment by
last of August, 1745, at request of Robert Craven and Fisher, because Fisher
was then going out of the Country, and Craven undertook to give Potter a
good title. Land was on Cook's Creek. Fisher went to Carolina. Abraham
Potter, otherwise called "Abraham Potter of Sussex upon Delaware." Bond
by him to Robert Craven, dated 1745.
AUGUST, 1753.
Linsay vs. John Kelly.--John Linday of township of Gilford, County of
Cumberland, Pennsylvania, obligee, in bond dated 1752.
Evans vs. Fleming.--James Evans vs. William Fleming, otherwise lately
called William Fleming of Notingham Township, County of Chester,
Pennsylvania.
Caldwell vs. Drening.--Walter Drening gone to Greenbryer.
Ross executors vs. Noland.--James Ross's executors vs. Andrew Noland.
Returned "This defendant is run to Carolina with the Widow Rutledge, so
not executed by me, John Lewis."
John Harland vs. Bourland.--John Bourland and Jane, his wife, late Jane
Jackson, administratrix of William Jackson, deceased.
Underwood vs. Gillaspy and Rutledge.--John Rutledge dead. May, 1753.
Huey vs. Neigley.--John Nigley gone to Carolina.
Martin vs. Donohoe.--Executed on Donohoe, and his body put into prison,
but he has broke and made his escape. 1753.
NOVEMBER, 1753.
Robert Ramsey vs. George Lewis.--George Lewis of Augusta County,
1749.
John Mulhollan vs. Thomas Williams.--Attachment in 1753.
Daniel Harrison vs. Samuel Wilkins.--Attachment Daniel Harrison's
account vs. Wilkins, dated 1746.
Israel Christian vs. Joseph Baxter.--Obligation of Joseph for #20 in
ginseng.
AUGUST, 1753 (B).
Robert Hook and Robert Scot, executors of Samuel Scot, vs. William
Picken and Ann, his wife.--Ann, his wife, late Ann Scot. Bond dated 1752.
Stuart assignee vs. Humblestone Lyon.--David Bell of Chesterfield
County, 1752.
MARCH, 1754 (A).
John Smith vs. John Pickens.--Motion, To judgment obtained in Orange
County, 1743.
309
MARCH, 1754 (B).
John Chiswell vs. Henry White.--Henry White, of Goochland County.
Colonel John Chiswell, of Hanover County, not executed by reason of his
swift running.
Kinkead vs. Lockridge.--William Kinkead, an infant under the age of 21
years, son and heir-at-law of Thomas Kinkead, late of County of Augusta,
by James Lockhart, his next friend. Bill filed May, 1753. Thomas Kinkead,
in 1747, removed from the Province of Pennsylvania with orator and
Thomas's family. On 19th November, 1747, Thomas bought 263 acres joining
John Preston, Robert Lockridge, Robert Gwin, in Augusta County.
Thomas died in 1750 intestate, leaving a widow and ____ children, of
whom orator is eldest. Bond of James Lockridge, of Augusta County, with
Thomas Kinkead of Lancaster County, Pennsylvania, dated 19th November,
1747.
Neill vs. Dougherty.--Michael Dougherty, of the township of New
Londonderry, Chester County, Pennsylvania, storekeeper; William Neale and
Thomas Provence of same County, &c. Bond to Simon Hadley of Miler (?)
Creek Hundred in County of New Castle on Delaware. 5th January, 1737-8.
Witness, James Jordan.
Davis vs. Whitaker.--Charles Whitaker "removed out of the Colony."
1753.
Jacob Gunn vs. Robert Craven.--Robert Craven had bought land of
Joseph Hite on Linville Creek; Jacob Gunn came from Pennsylvania and
bought the land from Craven, 1743. Bill filed March, 1746.
Scull vs. Drening.--Walter Drenning was living in Greenbrier, 1752.
Cochran vs. Durham.--John Durham, of Orange County, planter. Bond
to Andrew Cochran & Co., merchants, in Glasgow, 1752. Witness, John
Stewart.
Elizabeth McConnell vs. Robert Young.--"Not executed by reason of
death of plaintiff," 1753.
Johnson vs. Neally.--Dr. John Neely in Augusta County.
MAY, 1754 (A).
Finny vs. Caldwell.--John Caldwell, of Ballibogan, in the Parish of
Lifford and County of Donegall, Chapman, to be paid to William Hogg, of the
City of Londonderry, merchant, dated 1st August, 1747. Process executed
1753.
Bourland vs. Pullin.--Archibald Bourland and Jane, his wife, late Jane
Jackson.
James Patton vs. James Cohoon.--Slander. Cohoon said in 1750 Patton
had made over all his estate to his children to defraud his creditors, and
Patton had no title to the lands he offered for sale on Roanoke and New
Rivers. Mandamus issued requiring Court to dismiss the jury from rendering
a verdict.
AUGUST, 1754 (B).
Jackson vs. Mays.--Benjamin Murray, aged 50 years or thereabouts.
Ann Murray's deposition.
310
Mary Elizabeth Sally, an infant by John Peter Sally, her father and next
friend, vs. Abraham Dungleberry.--Action for breach of promise of
marriage. Marriage was to have been performed 15th August, 1753. Decl.
filed November, 1753.
NOVEMBER, 1754.
Purkins vs. Baskins.--Elizabeth Purkins sues Baskins for an assault on
her son and servant, one ____ Skillern, and infant 18 years old.
John Hood, assignee of Andrew Barclay, vs. William McKinlay and
Alexander McKinlay.
NOVEMBER, 1754 (B).
Magdalene Bowyer, late Magdalene Borden and als vs. John Craig.--
Craig's bond to Benjamin Borden. Dated 1752. Suit by Benjamin's
executors.
AUGUST, 1754. (C).
George Lewis vs. Carmichael (John).--James Allison went to Carolina.
Hall vs. Hamilton.--James Hamilton, of Princeton, Somers County, New
Jersey, cordwinder, bond to Francis Hall, of same place, shopkeeper, dated
24th October, 1750. Affidavit of Hall in Frederick County, Virginia, June,
1753. Affidavit in Somerset, New Jersey, May, 1753. Return, "Two of
same name, and know not which is the man."
Alexander and Daniel Campbell vs. Thomas Dove.--Alexander and Daniel
of King George County, 1750. Affidavit by Daniel in Frederick County,
1752.
Risk vs. Bell.--"I, Robert Bell, of Cecil County, Maryland." Bond dated
1750. Process executed 1754, February.
AUGUST, 1755 (A).
Quarles vs. Thompson.--Captain John Quarles, of King William County.
Bond dated 1754.
Love vs. Steelman.--Deposition of John Donily, aged 78 years, 26th May,
1755.
NOVEMBER, 1755.
Bohannon vs. Breckinridge.--Robert Breckinridge, debtor to James
Bohannon. To my wages, 72 days on the Shawnees expedition which you
promised to pay me, sergeant's pay at 1/4 per day, #4, 10, 2.
Adam Jordan vs. Docherty.--Account 1756.
NOVEMBER, 1755 (B).
David Bell vs. William Cawthon.--Wm. Cawthon, of Albemarle County.
Bond dated 1751.
Rev. Robert McMurdo vs. William Murray and David Stewart.--Bond
witnessed by Alexander Miller, A. M.
311
MAY, 1755 (C).
Thomas Moore and Phebe, his wife, vs. Abraham Smith and Gabriel
Pickens.--Phebe, late Phebe Davison. "Phebe Davison, spinster." Bond
dated 1751.
Andrew Lewis vs. John Pickens.--John Pickens had removed himself out
of the County, 1754, 21st November.
George Parks vs. Samuel Harrison.--Attachment. Samuel Harrison is
removing himself from the County. 14th March, 1755.
MARCH, 1755.
Russell vs. Francisco.--There was a patent (5,000 acres) in 15th December,
1733, to Jacob Stover, on Shenando, and this land descended to Jacob,
Jr., son and heir of Jacob, Sr., but Jacob, Jr., failed to pay rents, and in
1746 William Russell got an order from the General Court forfeiting same.
MARCH, 1755 (B).
John Trimble vs. George Moffett.--John Trimble sues George because
George charged John had beat and murdered his wife, Mary.
Grand Jury presentments. 1752. Prison and Court House sufficient.
MAY, 1755.
Lewis vs. McMarry.--Benjamin Hardin gone to Carolina, 1754.
Bowyer and wife vs. McKendrick.--John Bowyer and Magdalene, his
wife, who was Magdalene Bordin.
Jacob Miller vs. Jacob Thomas.--Miller bought land in December, 1740,
from Nicholas Null, who had bought from Jacob Thomas, who died
January, 1752, leaving his only daughter Elizabeth, an infant, his heir-at-law.
Samuel Patton vs. Nathan McClure.--Bond dated 1753.
Many suits by John Pleasants, Jr., of Henrico.
Many suits by William Thompson, of Hanover.
NOVEMBER, 1755.
John Green vs. Green.--John Green, of Orange, gent., orator, complains:
Some time in 1746, orator's late father, Robert Green, of Orange, purchased
of Robert McCoy, late of Augusta, land on Linville's Creek which Robert
intended for John and his two brothers, James and Moses Green (they as
well as orator, infants). In 1746--February (1747)--McCoy conveyed the
land to John, James and Moses. Robert also owned other tracts jointly with
Jost Hite and Robert McCoy. Orator has long since come of age, and is in
want of part of the lands, but James and Moses are not of age. Bill for
partition filed, 1754. Answer of James and Moses by Eleanor Green, their
guardian.
MARCH, 1756.
Robert Harrison vs. Mathew Black.--Plaintiff must have been of age in
1754.
312
MARCH, 1756 (A).
King vs. O'Neal.--Petition as follows: "To the Worshipful Court of
Augusta County. The petition of sundry inhabitants of this County by this
North Mountain, in Captain Harrison's and Captain Love's Companies,
humbly sheweth:
That your petitioners are daily troubled by John O'Neal, a person of evil
fame, who, being ill natured, evil, designing, citigious, wicked man, he often
takes occasion to come to the houses of some of your petitioners and then
designedly raises and foments disputes with them in which he makes use
of the most opprobrious and abuseful words he can invent, and as he is
bound to the peace, dares any one to strike him, therefore, should any of
us strike or beat him we know not what might be the consequences as we are
unacquainted with the law and his usual manner threatens to shoot us if
he sees any of us out of our own plantations, that he will do us all the
damage he can by killing our horses, cattle, &c., and when reproved of his
misbehavior he tells us that if he does any action, be it ever so bad, that he
will be cleared by this Court for two pieces of eight. His behavior is such
that your petitioners are afraid to leave their families to go about their
lawful affairs, not knowing but he may fulfill his threats before our return
by killing our wives or children, burning our houses, or doing some other
irreparable damage, and, as doubtless your Worships is well acquainted with
the behavior of this malicious man, we hope you will take our case into
consideration and fall upon some method to hinder him from being guilty
of such outrages and irregularities for the future. That we, being subjects
to his Majesty and the laws of the Dominion, may be no longer abused by
such a person in the above manner, and your petitioners, as in duty bound,
shall ever pray.--Daniel Harrison, James Magill, Daniel Smith, John
McGarry, Robert Harrison, Gawin Black, John Lonkill, Patrick Cain, Aaron
Oliver, (erased), Robert Gray, Henry Smith, Benjamin Kinley, John Smith,
John McClewer, Gabriel Pickens, John Hinton and Robert Patterson.
Scire facias on recognizance, November 8th, 1754. Patrick Cain and
Robert Patterson denied signatures. Gawin Black says he has nothing to
say vs. John O'Neal, but was over-persuaded by some of the petitioners.
O'Neal found guilty.
Smith vs. McMachen.--Samuel Lockhart declares, 24th September, 1755,
that he expects to leave this Colony before next Court. Alexander
Sutherland does the same.
Turk vs. Walker.--Thomas Turk and Margaret, his wife, vs. Moses
Walker and Agnes, his wife.
MARCH, 1756 (B).
Gibbons vs. Brown.--Nicholas Gibbons (bens), Esq., assignee of Ann
Grant, complains of Henry Brown, otherwise lately called I Henry Brown,
of Mannington, in the County of Salem, in the Western Division of the
Province of New Jersey, Yeoman. Bond to Ann Grant, dated 1729, 5th
June. Process issued 3d November, 1753, and returned executed, and Henry
Brown, Jr., and Isaac Taylor, bail.
Duglass vs. Harrison.--Letter of Robert McClenachan: "Sir, as his honor
the Governor has appointed Colonel Stewart and I to find provisions for
313
your Company and Captain Smith's, or any other Rangers in this Country,
and 150 Cherokees when they come in, I would desire you would let me
know where would be the most convenient place for you to send provisions
to and allow a hand to receive the same and give receipt. And what
quantity you now stand in need of, for I have sent for what salt will be
necessary for salting of the winter provisions.
Captain Dickinson and his Company met with 9 Indians, and had a small
scrimmage, when 1 white man was killed and 1 Indian and 2 small Indian
boys belonging to the Cherokees, being captives, were released by our people
and are now at Fort Dinwiddie, and Colonel Stewart and I have wrote down
this morning to honor the Governor to see what will be done with them.
If the 5 Cherokees are not yet gone, that you would x x them of it, perhaps
it might exasperate them against our enemies. Your mother and sisters are
in good health at present. I wish you good success, and may heaven protect
you in all your undertakings, which is the sincere desire of your friend
and humble servant.--Robert McClenachan. September 23d, 1755.
N. B.--Pray fail not in sending an answer immediately.
(Written on the reverse of a deposition in above mentioned cause.)
Kirkham vs. John Galbreath.--John Galbreath had left the County in
January, 1756.
Mills, assignee, vs. Robinson.--William Mills complains of George
Robinson of Augusta County: On May 22d, 1737, George made his bond to
James Cunningham of Lancaster County Pennsylvania. Carpenter conditioned
to sell land on Mill Creek to Mills. Bond assigned 12th August, 1745,
by James Cunningham of Amilow County.
Rose's executors vs. Donnolly.--Anne Rose, Alexander Rose, Thomas
Fitzhugh and John Rose, executors of Robert Rose, Clerk, complain of
John Donnolly. Deposition of Philip Davis says that he was overseer for
Robert Rose at a plantation of his on Tye river in Albemarle County, in
1743.
John Buchanon vs. John and James Allison.--We, John Allison and
James Allison, late from the Province of Pennsylvania. Return "not found."
Charles Julian vs. John Cameron.--John Cameron of Orange County,
1755.
NOVEMBER, 1756 (A).
Patrick Davis, assignee of John McCapen, vs. Ralph Laverty.--Assignee
of John McCapen and Elizabeth, his wife, late Elizabeth Watson. Bond by
James Mais, Cooper, and Ralph Laverty, to Elizabeth Watson, dated 7th
September, 1747.
Mills vs. Hamilton--We, William Hamilton and Robert Hamilton, both
late of Pennsylvania, yeomen. Bond dated 29th August, 1754.
MAY, 1755 (A).
Montgomery vs. Hamilton.--John Hamilton, of Mills Creek Hundred,
in the County of New Castle on Delaware. Taylor and Moses Hamilton of
same place. Carpenter and Alexander Montgomery of same place. Mason
bond to Benjamin Swett of New Castle, affirmed tanner, dated 1748. John
and Moses returned executors.
314
Ramsey vs. Jamesons and Gay.--John Ramsey, assignee of Charles
Donnelly, who was assignee of John Handly, complains of John Jameson and
Robert Gay, and Sarah, his wife, late Sarah Jameson. Bond dated 1754.
Signed, Sarah Jameson.
Colberson vs. Fulton.--John Fulton and John Handly of Augusta. Bond
to Robert Colberson of County Chester, Pennsylvania, 22d March, 1755.
Simpson vs. Campbell.--March 12, 1756. To the Worshipful bench of
Augusta, we humbly request that you will take particular notice of Margaret
Campbell (Cambal), for it is plainly known to all the inhabitants of the
lower end of the Cowpasture that she is a common liar and troublesome
to all them that she is in neighborhood with, and furthermore it is known
that she will swear anything that comes into her mind, which the subscribers
by report will make appear.--Hugh Morton, James Montgomery, Wm.
Mortain, Wm. Memory, Edward Edwards, Agnes Memory, Wm. Gillespy,
Mary Gillespy, Patrick Carrigan, James Beard, James Scot, Samuel
McMorry, Margaret Cohiren, James Arbuckle, Thomas Simson, Robt. Gillespy,
Margaret Arbuckle, Anne Montgomery, Thomas Fitzpatrick. This was an
attachment vs. James Campbell by James Simpson, 17th March, 1756 (five
days after above petition.)
AUGUST, 1756 (B).
Pullin vs. Lewis.--Loftus Pullin complains of John Lewis. One Thomas
Hunt and one George Lewis (father of defendant) was indebted to one
John Shaw and gave him their note dated 6th April, 1754.
Thompson vs. Henderson.--James Miller testifies that he was witness to
a bond given by Michael Henderson to Samuel McElvenay for cattle, which
said Henderson and Jeremiah Thompson drove from the Waxhows Creek
in Carolany, about 1st of June, 1755.
Hugh Speere vs. Robert Young.--Robert Young, of Orange County,
Virginia. Bond to Hugh Speere of same County, dated August, 1740.
Whitley vs. Kirkham.--Robert Kirkham, living on James River, died,
leaving issue 3 daughters, infants, Martha, Jane and Elizabeth, and wife,
Hanna Kirkham, guardian.
Pleasants vs. Skillem.--Thomas Pleasants complains of Eliza Skillem
(August, 1752), otherwise called Eliza Perkins, otherwise called Eliza
Anderson. Plea: Plaintiff ought not to recover, because at time of making
bond and at time of issuing process in this suit she was married to one
John Anderson, alias Ute Perkins. Bond dated 1750. Replication states she
was known as Eliza Skillem and denied being married.
AUGUST, 1756 (A).
Pleasants vs. Lewis.--George (his x mark) Lewis of Augusta. Bond to
John Pleasants and son, of Henrico, dated 13th October, 1753. Endorsed:
"Received of John Pleasants and son, per order of my father, George Lewis,
Benjamin Morrow's note of hand. Signed John (x) Lewis, 1754, October
15th.
NOVEMBER, 1756 (A).
James Lidderdale vs. John Harrison, Jr.--In March, 1744-5, James
purchased land of John on South Branch of James River.
315
Mary Johnston vs. William Smith, Sr.--Mary, an infant (August, 1755),
by John Johnston, her next friend and father. Slander.
AUGUST, 1756 (A).
Merlin vs. Borland.--Jacob Merlin complains of Archibald Bourland and
Jane, his wife, late Jane Jackson, administrator of Wm. Jackson, deceased.
Null vs. Crossum.--Philip Charles Crossum, of Township of Tulpehocan,
Lancaster County, Pennsylvania. Bond to Nicholas Deack, of same place,
16th May, 1742.
Robinson and Lewis vs. Thomas Wilson.--Thomas gone to Pennsylvania
in 1754.
Johnson vs. Mills (Milles).--Richard Mills, of Nearlocke Township,
County of Lancaster, Pennsylvania, husbandman, farmer. Bond to James
Johnston, of Township of Drumore, County of Lancaster, Pennsylvania,
farmer. Dated 4th July, 1748. Returned, not found.
Wilkie, assignee, vs. Sterling.--Bond by Frederick Sterling to George
Smith, 1745, and assignment to Peter Wilkey. Returned 1755, "not
executed by reason of the murder done on New River by the Indians."
Morris vs. Vanderpool.--Abraham Vanderpool, of Wallpack, of Morris
County. Bond to William Morris, of Trenton, in County Hunterdon, dated
16th May, 1740. Assigned by William to his son, William Morris, 15th day
of 10th month, 1749 (called December) 1755. Returned, "Lives on South
Branch."
NOVEMBER, 1756 (B).
Trimble vs. Gardner.--John Trimble and Mary, his wife, complain of
Alexander Gardner and Benjamin Copland. Bond dated 12th September,
1749. Made to Mary Moffett, who married Trimble. Suit begun 1755, 30th
November.
Pickens vs. Bigham.--Bond to Robert Gregg (Grage, Gragg), 3d April,
1753.
Wallace vs. Dunlops.--James Wallace of Philadelphia (letter to Governor
Jones, 27th September, 1754), complains of James and Charles Dunlop,
otherwise lately called We, James and Charles Dunlop, of Cumberland
County, Pennsylvania. Bond dated 19th October, 1751. James and Charles
were brothers, and came to Augusta shortly before 27th September, 1754.
MAY, 1756 (B).
Stuart vs. Givens.--John Stuart, of Augusta, Taylor, and Sarah, his wife,
late Sarah Givens, one of the daughters of Samuel Givens, late of said
County, deceased, orator and oratrix. Samuel died, leaving Sarah, an infant,
leaving will dated 22d October, 1740, and made his wife, Sarah (mother of
oratrix, now wife of Robert Allen of County of Frederick), and oratrix's
brothers, John and Samuel Givens, executors, which will was proved in
Orange in 1741, John and Samuel qualifying as executors. Bill filed March,
1755.
316
MAY, 1756 (B).
Abercombie vs. Guy and wife.--Sarah Jameson, wife to William Jameson,
deceased, in the Cowpasture. Bond dated 5th September, 1754. Sarah
married Robert Guy. Suit brought March, 1756.
Hall vs. Fleming.--Deposition of John Collyer. William Hall was Collyer's
brother-in-law. William Hall's wife said that she took in John Fleming,
the defendant's (William Fleming) son for charity at the time he had
the smallpox.
Mathew Campbell vs. William Thompson.--Thompson was guardian in
socage of orator, who earned by teaching school during his infancy a
considerable sum.
NOVEMBER, 1757 (A).
Maxwell vs. Allen.--John Maxwell was Captain of a Company in 1756
and called out Allen, one of his Company, to go against the Indians, but
Allen refused and Maxwell sues qui tam Malcomb Allen. Maxwell denies
he ever made out the writ.
Culberson vs. Gay.--John Fulton and John Gay. Bond to Robert Culberson,
of Pennsylvania, dated 22d March, 1755.
Allen vs. Mathers.--James Allen, Captain, 1756, complains qui tam that
William Mathers, a common soldier, refused to turn out when called. Process
not served, because defendant is on duty in a fort.
AUGUST, 1757 (A).
Same, William Christian, Captain, vs. James Bell, Jr, 1756.
Same, William Christian, Captain, vs. Francis Alexander.
Same, William Christian, Captain, vs. Alexander Long.
MARCH, 1757 (A).
Green vs. O'Neal.--Eleanor Green, executrix, William Green and Robert
Green, executors of Robert Green, deceased.
JUNE, 1757 (A).
Davis vs. Arbuckle.--Bond to be separated and returned.
Benson and wife vs. McKee.--John Benson and Margaret, his wife,
November, 1756, late Margaret Calwell, administratrix of Robert Calwell,
deceased.
Harper vs, that son of a Bishop, James Trimble.
Hopkins vs. Love.--John Hopkins vs. Joseph Love, on a note dated
Philadelphia, 30th May, 1745.
George Wilson vs. Thomas Fimster.--Fimester charged that Capt. Wilson,
while out with his men on the frontier, wronged the Country of its
provisions, for he gave the provisions which belonged to the soldiers to women
and children who had no right to it, and Captain Wilson's character will in
a little time be as well known here as it is in Pennsylvania. (Notes by
counsel of evidence. Defendant refused to muster and bred a meeting of
which Fimster was spokesman). Verdict for plaintiff.
317
AUGUST, 1757 (C).
Davies vs. Gregg.--William Gregg of Albermarle is removing part of his
estate out of this County, 9th August, 1757.
Dellinger vs. Bombgardner.--J. Godfrey Baumgartner, of Frederick
County, in Virginia, shoemaker. Bond, 1755.
Ramsey vs. Gregg.--John Gregg had removed, 17th November, 1756.
Corry vs. Handly.--Thomas Jordan in 1744 and 1757 lived in New Castle
County, Pennsylvania. John Handlin and William Handlin, late of Ireland,
and now in Mill Creek Hundred, in New Castle County, upon Delaware, are
bound to Samuel Corry of same place. Bond, 18th April, 1750.
Allen vs. Rooke.--James Allen, Captain, complains qui tam, because
John Rook refused to answer call to go out vs. French and Indians, 1756.
Allen Stevenson.--Same vs. Thomas Stevenson, Jr., 1756.
Christian vs. Thomas Shields.--Same as above, 1756.
MARCH, 1757 (B).
Wilpert vs. Seeley.--John David Wilpert, Recruiting Sergeant, complains
of Jeremiah Seeley, the said plaintiff, by virtue of his orders and instructions
from his commanding officer, Captain Peter Hog, had enlisted several
persons in the Virginia Regiment for his Majesty's service in the defense of
this Colony, and among others a certain James Plucket, to whom the said
plaintiff gave a pistole and a dollar in consideration of such enlisting, &c.
Henderson vs. Calvin.--James Calvin, James Trimble, William Trimble,
David Trimble, all of New Castle, Province of Pennsylvania. Bond to Valentine
Henderson of Belfast, County of Antrim. Dated 27th September, 1740.
Henderson died during the progress of the suit.
Cook vs. Patton.--Bill of sale by Mary Cook to Henry Patton, dated 6th
October, 1755. Witnesses, James McDowell and John Bowyer.
MARCH, 1758 (A).
McAnally vs. David Moor.--Bond by David Moor, Captain, to pay to
Charles McAnally the wages of David Founton, an enlisted man in Moor's
Company. 30th January, 1756.
NOVEMBER, 1758 (A).
Wm. Russell vs. Borden.--Benj. Borden's will dated 1742. He left his
lands in New Jersey and lands in Bullshire, Smith's Creek, North Shenandore
and James River, except 5,000 acres, which he devised to his daughters,
Abigail Worthington, Rebecca Bronson, Debora, Lydia and Eliza Borden;
other legacies and devises to sons, Benjamin, John and Joseph, and his wife,
Zeruiah, and daughter, May Fearnley, wife of William Fearnley. Benjamin
and Zeruiah qualified as executors. Fearnley refused. Afterwards (1746)
Zeruiah, on account of bodily infirmities, resigned, and Benjamin took the
whole estate. In April, 1753, Benjamin, Jr., died. John and Joseph, in
1753, conveyed their interests to William Russell. Benjamin Borden, Jr.,
had a daughter, Martha, an infant in 1754.
318
Buchanan vs. Martin.--List of men in Captain Martin's Company, 1756.
Finley vs. Christian.--John Finley, George Hutchinson and John Christian,
surviving commissioners for collecting the Rev. Mr. John Craig's yearly
salary, complain of Robert Christian, &c. For that whereas the 14th day of
August, 1741, at the County aforesaid, a certain discourse was had and
moved by and between the said plaintiffs, together with James Patton and
Alexander Brackenridge, now deceased, and the said defendant of and concerning
the Rev. Mr. John Craig's becoming their stated and fixed minister,
and upon that discourse the said defendant, in consideration that the Rev.
Mr. John Craig would come from the Province of Pennsylvania to Augusta
County, in the Colony of Virginia, and there live as a fixed and settled
minister amongst the inhabitants of the lower part of the Shenandore in the
County aforesaid, and do and perform all the ministerial offices of a
dissenting clergyman, he, the said defendant, the day and year aforesaid, at the
County aforesaid, assumed upon himself and to the said plaintiffs, then and
there faithfully promised that he, the said defendant, would well and truly
pay yearly and every year to the said plaintiffs for the said Mr. Craig's use,
15 shillings, current money, towards his support and maintenance. And the
said plaintiffs in fact say that in pursuance of the agreement aforesaid, the
said Mr. John Craig did come immediately from the Province of Pennsylvania
and settle and live, and still does continue a fixed and settled minister
in the County of Augusta aforesaid, doing and performing all the
necessary duties becoming a good and christianlike minister and preacher
of the word of God. (Robert failed to pay for 16 years last past.)
Finley vs. Black.--Same as above against Thomas Black for yearly sum of
20 shillings for 14 years.
Stevenson vs. Shirkey.--On 25th February, 1743-4, John Stevenson and
Patrick Shirkey became surety on a bond for James Rutledge. Rutledge
died insolvent, and Stevenson sues Shirkey for one-half what he had to pay.
Young vs. Elliott (Aylet).--Lease by Robert Young, of Augusta County,
to John Allet, lately came from Pennsylvania, 10th February, 1744.
NOVEMBER, 1758 (G).
Brown vs. John Stewart.--Suit as follows: "Mr. Jones, Sir: Please order
a writ against John Stewart, Benden's land, and oblige
"Your humble servant,
"Deb. 10, 7, 6, ster. ROB. BROWN."
Due p. p. acct. his passage to Pennsylvania.
NOTE.--"Speak to Brown whether his family's passage is included; if
so, alter decl. Decl. says deft. is indebted for passage on board a ship from
____, in Ireland, to Pennsylvania. No date. Suit brought Nov., 1757."
Samuel Davis vs. James Tod.--Samuel Davis married Hannah Tod,
daughter of James Tod, in 1758.
Patton's executor vs. Edmondson.--The widow Sara Hays married James
Edmondson between 1748 (date of bond), and 1757 (bringing of suit).
Castleberry vs. McGeery.--David Castleberry, an infant (1757, August),
by William Castleberry, his father and next friend.
319