AUGUSTA COUNTY, VIRGINIA - CHALKLEY'S CHRONICLES OF THE SCOTCH IRISH IN VIRGINIA
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DISTRICT COURT EXECUTIONS.
SEPTEMBER, 1794 (A to J).
Gregg vs. Hinkle.--Sir:--I understand that you are much dissatisfied
about the land that I surveyed for Abraham Teter, on the north side of
Seneca, joining his own land, saying I promised to send you word before I
surveyed it. I remember of promising not to survey it before Andrew
Johnson would return from Rockingham, who was to bring your entry, and
Andrew returned and brought no entry; and, moreover, old George Teter
searched Lewis's records and found no such entry as you spoke of, and the
widow Teter demanded the surveying of the same, and as Abraham had the
oldest entry by warrant, I thought myself in duty bound to survey it, neither
saw I any occasion to send for you, when I knew you had no entry for the
land, and yet had time to procure it, and, furthermore, it is uncertain whether
old entrys are prolonged on the Eastern waters or not, for Mr. Lewis wrote
to me that he knew that they were prolonged on the Western waters, but not
on our waters. But if your right is good, my surveying of it will not hinder
you from obtaining it, for I don't mean to make the plot till you are satisfied
about it. I am ready, at your demand, to survey 100 acres for you on
Seneca, above Abraham Teter's land, for your entry is now made by warrant,
for I lately obtained a warrant for you from Colonel Hamilton. I desire that
you be moderate in your censures, and, whether or not, I am your hearty
well-wisher and obsequious, M. Henkle. To Mr. Wm. Gragg. (Addressed)
Mr. William Gragg, Sr., On Seneca.
The Commonwealth of Virginia.--To George Moffett, Gent. Greeting:
Know you that from the special trust and confidence which is reposed in
your fidelity, courage, activity and good conduct, our Governor, with the
advice of the Council of State, and on the recommendation of the worshipful
Court of the County of Augusta, doth appoint you, the said George Moffett,
County Lieutenant of ye Militia of the said County of Augusta, to take
rank as such from the nineteenth day of November, 1783. In testimony
whereof, these our letters are made patent. Witness: His Excellency,
Benjamin Harrison, Esq., our said Governor, at Richmond, this sixth day
of April, 1784. (Signed) Benj. Harrison. (Registered.) Seal.
Commission to Zachariah Johnston, George Poage, Thomas Hughes and
Thomas Rankin, as Justices for Augusta County, signed by Thomas Jefferson,
Governor, at, Charlottesville, 29th May, 1781.
Brock's Gap, 20th February, 1758. Sir:--Pay to George Anderson, or
order, the sum of four pounds, ten shillings, currency, to be deducted out of
my pay for the months of May, June and July, as the same shall become due,
for value received of him, from your humble servant. (Signed) William
Burke. To Capt. Peter Hog.
List of wolf scalps, beginning 1774: To James Loskey, Joseph Newton,
William Porter, Levin Benson, William Rhea, Peter Hoover: 1777,
December 16, to John Clemons, George Baxter; 1778, May 21, to Jacob Barrier,
Thomas Cartmell, John McEwin, Thomas Mynes, Jonathan Hicklin, Anthony
Huston; 1784, November, to John Snider, George Puffenberry, Isaac Mayze.
Joseph Newton, Henry Every, Samuel Haws; 1785, March, to John Owfull;
November, to Wm. Lansdale, Henry Casebolt, Henry Gragg, Moses Moore,
483
Senior and Junior, and Jacob Elsworth, Wm. Bennett and John Armogast;
1787, December, to Thomas Galfour, Thomas Frennen and Michael Arbecost;
1788, December, to James Brindle and William Nottigam; 1789, December,
to John Portlock; and Levin Nicholas; 1790, December, to William
Portlock, William M. Jordan and Sylvanus Odle; 1791, December, to Hugh
Keenon, Fred Troughbough, Jonathan Inchremiger (?); 1792, December,
in all 106,900 pounds tobacco.
COUNTY COURT JUDGMENTS.
MAY, 20, 1762.
Montgomery vs. Lewis.--August, 1758. Sir:--I expected you at this
Court and to brought some money to me, but I see that you do not ( ) to
pay till you be put to trouble. My mahan (man?) has made complaint to
me you have taken two cows in ____ of ye land that I was ____ which you
give your bond to Col. Robison and me, and ____ brought good security to
me for ye piece of land, which we are willing to take for ye good of ye
children, so I require you on sight to deliver ye said cows and I will deliver
ye bond that you give for ye said lands. I expect you out in a few days, or
mark what will follow, which is all at present. (Signed) John Lewis.
SEPTEMBER, 1763 (A).
A. P. Henry, Jr., vs. J. Oliver.--Account for merchandise, 1759. Sworn
to by P. Henry, Jr., in Hanover, before John Henry, 7th October, 1760, and
acknowledged to be just to John Hughes, 20th July, 1761, by James Oliver.
MARCH, 1758 (B).
Wood vs. Vanse.--Know all men, &c., we, Ephraim Vanse (Vause?) and
George Robinson are held, &c., to Col. James Wood, of Frederick County,
&c., &c. Dated 23d September, 1747. Test, Robert Rutherford, John
Robinson.
April 28, 1756.--This day Mathew Edmoston, Constable, made oath before
me, Patrick Martin, &c., &c., that by virtue of an execution, &c., &c., versus
the estate of John Young, &c., he seized the goods of said John Young and
by violent force they were forceably taken and rescued from him by Robert
Young, Sr., and his wife, Agnes. (Signed) Pat. Martin.
Patrick Conningham, debtor to John Hamilton and William Thomson, for
76 gallons rum at Pitchbarg, 1760.
AUGUST, 1764 (B).
Stringer adversus Morrow.--First day of July, 1749. Bond by Daniel
(his "O") Stringer, of Followfield Township, County of Chester, and Province
of Pennsylvania, yeoman. Am held, &c., to James Ortan, of same place,
&c. Condition: To pay £10 in 1751. Test, Wm. Merrow, Walter Hood.
Bill for injunction, as follows: To the Worshipful Court of Augusta, Sitting
in Chancery: Orator Daniel Stringer, late of Chester County, Pennsylvania:
484
That some time in 1748, or 1749, he purchased a plantation near
Buckley's Mill, in said County, of one James Orton, for £100, and executed
eight bonds. Orton had bought from William Morrow, but being unable to
make the payments, he sold to orator, and Morrow took assignment of the
eight bonds. Orator, intending to come to Virginia, sold to Robert Turner
for £150 and then set off on his journey to Virginia. Morrow went to
orator's wife, persuaded her Turner was insolvent and to give up the bonds
to Morrow, which she did, and on his representation that it was necessary,
she went to Philadelphia with Morrow--55 miles--where he desired her to
tarry at a barber shop till he returned from waiting on the Secretary. After
some time he returned and told her she might go home for he had attended
to the business without her. Morrow told her that the Secretary gave
Morrow a warrant to John Taylor, Surveyor of the County, and she might
get home as she could, and left her to walk home on foot. The day after
she got home, Morrow came and told her one thing more was necessary to
give him possession of the land, by putting out her fire and kindling one in
his name, which she also performed, and asked him to give up her husband's
bonds, which he agreed to do if she met him at John Taylor's mill that evening.
She met him there and found him so drunk that he did nothing but
abuse her and her two brothers-in-law who went along with her.
Orator shows that on his way home from Virginia a certain Hans
Hamilton, then Sheriff of York County, came to the house where he
lodged, about two miles on this side of Yorktown, and learning orator's
name, asked him if he was not indebted to Morrow, and arrested him at the
suit of Morrow, assignee of orator, &c., &c., and carried orator forty miles
back to Hamilton's house, where he was forced to remain a prisoner two
weeks (as he could procure no one to be his bail in a place where he was a
stranger), and then to deliver his two horses (value £40) to the Sheriff as
a pledge for his appearance. When he got home he was informed by his
wife of her agreement with Morrow, whom orator upbraided. Morrow
went with orator to Yorktown, where Hamilton arrested orator at suit of
another person, and on his agreeing to go to Hamilton's house to make up
with that other person who lived near, Morrow said he must return home,
but would come to Hamilton in a few days and settle all matters, and he
would carry home orator's mare, which he then rid (worth £11) out of
friendship; on which Morrow took the mare, saddle and bridle, together
with a wallet in which was a new shirt and 3/ in money. Orator waited
eleven days for Morrow's return, and was then compelled to swap a stallion,
one of the horses formerly left in the Sheriff's hands, to a mate of the
Sheriff's to carry him home; but was obliged to leave nine pounds (the boot
which he was to receive in the swap of the said horses), together with the
other horse, in the Sheriff's hands. Since which time orator has never seen
or met Morrow. Morrow has sued orator in Augusta. Orator never received
any of his articles. Sworn to 16th May, 1761, before Daniel Smith.
MARCH, 1764 (B).
Lewis & Robinson vs. Pearis & Co.--Capt. Robert Pearis & Co. to Mr.
David Robinson & Co., debtor: 1762, November 9, to 15,113 lbs. beef @ 28/
per hundred, P. C., £211, 11, 7. Contra: 1762, November 9, by George
485
Elder's pay as manager at the slaughter house, 6 days, at 6/; by William
Bills, a butcher, 6 days, at 3/9 per day; by William Marshel, assistant
butcher, at 1/3 per day; by Stephen Allinger, assistant butcher, at 1/3 per
day; by a corporal and four privates, at /6 per day, six days; by cash at
Hoit's; by cash at Fort Pitt; by cash paid John Fleming's expenses; by cash
paid Thomas Small's expenses; by cash advanced at Staunton. Capt. William
Thomson, pay the bearer hereof, Mr. Charles Lewis, the sum of one
hundred and thirty-eight pounds, Pennsylvania money, which we stand indebted
to him, and place the same to the account of your humble servant.
(Signed) Robert Pearis. Test, John Stewart.
MAY, 1763 (B).
Wright vs. Carpenter.--This day Mr. Solomon Carpenter swore before
me that at the time of Mr. Joseph Carpenter giving a warrant to Peter
Wright to apprehend two deserters at Fort Young said Wright gave ye
warrant to Thos. Fitzpatrick to read and said he could not make out some
words, and he read it out over in public, and begun it again, when said
deponent went off, and he further sayeth yt ye deserters were not far off at
ye time. Given under my hand this 17th April, 1763. (Signed) John
Dickinson.
AUGUST, 1762 (B).
McClenachan vs. Augusta Vestry.--Warrant signed by Ben. Waller to
arrest Robert McClenachan, late Collector of Augusta Parish Levy, to
appear at General Court to answer the Church Wardens. Dated 6th May,
in 29th year of reign. Declaration: John Archer and John Christian,
Church Wardens, complain of Robert McClenachan, late Collector, &c., in
1748, collected in 1749 levies which he has not paid over. General issue
pleaded April, 1757. November 3, 1757, trial by jury, viz: Richard Bland,
John Ruffin, Christopher Chamney, John Leaeve, Thomas Knox, Charles
Coppidge, Charles Anderson, Clement Read, William Taite, Andrew Munroe,
John Lovell and Nathaniel Venable. Verdict for plaintiff, £20. A
copy. Test: Litt. Savage, for Ben. Waller, Cl. Crer. Set-off filed by
defendant. To delinquents in Montgomery's list: Gilbert Strahorn, Samuel
Martin, Peirce Coslie, John Dickson, Stephen Halston, Cornelius Towlin,
John Martin, John Welsh, Nicholas Welsh, Silas Staus (Stans).
MAY, 1763 (B).
Bingaman vs. Smith.--January ye 2d day. Received of John Bingamin
861 weight of beef for the use of my Company and the Cherokee Indians
at the rate of 10/ per C., £4, 6, 3 1/2, and more to cash upon the same
account 18/ per me. (Signed) John Smith.
1762.
Memorandum of ye weight of bacon bought from Jacob Petter, 361, at
4 1/2 == £6, 15, 4 1/2. April ye 12th, 1756. Received from Jacob Petter
287 1/2 pounds of bacon for the use of Capt. Israel Christy's men, I say.
486
Received by us more eight pounds and three-quarters. (Signed) George
Bigham, Robert Armstrong. To Capt. Israel Christy, or Lieut. Alexander
Wright. (Endorsed.) Capt. Christian says he has paid the above.
AUGUST, 1759.
Carlyle vs. Estill--Carolile vs. Bowd Estill.--Richard Prior, Sr., deposes,
21st May, 1759: That in August, 1757, the deponent being at Fort George,
in Bull Pasture, saw two horses in Wallace Estill's cornfield, one belonging
to John Carolile and the other to Capt. Preston; that Bowd Estill and several
other young men went into the field to drive out the horses; that said Estill
and all the others that were with him called dogs and set them on the horses
to drive them out, and that the men followed the dogs and horses, making a
great noise, but this deponent does not know whether the noise was to encourage
the dogs to follow, or to get them off, as he was at a great distance,
but he observed all the men turn homeward as soon as all the horses jumped
the fence and got out; that after the horses got out of the field they took
round the Bottom below the Fort, and as the men were returning the deponent
saw a great many dogs break off from the Fort and make straight for
the noise where the other dogs were; that after some time a number of the
dogs came back, and several of them were bloody, but he is not certain
which party of the dogs were bloody or part of both; that soon after the
deponent and several other men went down the river and found John Carolile's
horse lying dead in the river, and all of them believed he was killed by
the dogs, and further sayeth not. Sworn before me this 21st day of May,
1759. (Signed) Robt. Breckinridge.
NOVEMBER, 1763 (C).
Know all men by these presents: That I, Lieut. John Sallard, am held and
firmly bound unto Alexander McDonald, &c., &c. 23d March, 1762. Test:
Alexander Stewart, Robert Fillson.
NOVEMBER 1766 (A).
Clendenin vs. Cunningham.--This day Samuel Crocket made oath before
me that the return he made to Capt. Walter Cunningham was just and yt
John Clendenon was one in the return. Given under my hand this 1st April,
1766. (Signed) John Dickinson. As a soldier, &c., and yt ye time he
was in Greenbrier he allowed good, &c.
OCTOBER, 1765 (D).
Cotton vs. Christian.--Debtor, Mr John Christian to James Cotton: 1764,
June 13, to a subscription for four children of your own for five months and
twenty-six days at 20/ per annum each; to a subscription for your brother,
Capt. William Christian, for one child; to a subscription for William Dean,
by your order, for one child; to three bushels of wheat. (Signed) James
Cotton. Christian's Creek, September 21, 1765. Joseph Robinson deposes,
15th October, 1765, before John Buchanan: That he was present at an
487
agreement between Mr. James Cotton and some persons about a school that
he was then about to begin at Robert Armstrong's, on Christian's Creek, on
the 11th day of June, 1764, and that the said Cotton had a liberty given him
by the employers to give up the school at any time during the year at his
pleasure, and that they were to pay him according to the time the school was
kept, and that Mr. John Christian positively ordered me, the deponent, to
subscribe a scholar for William Dean, and that said Dean had ordered him
to do for him as though he were there present, and further this deponent
sayeth not. Arbitrators give plaintiff £3.
NOVEMBER, 1766 (A).
Burnsides vs. Edwards.--Sir:--Please to pay unto James Burnsides fourteen
shillings and three pence, cash, when my pay shall come into your hands,
and this, my note, shall be your receipt for so much, from your humble
servant. (Signed) Joseph (mark) Edwards. To Capt. Charles Lewis.
August 27, 1764.--Sir:--Please to pay unto James Burnsides the sum of
eight pounds, five shillings, and nine pence, cash, when my pay shall come
into your hands, and this note shall be your receipt for so much, from your
friend and soldier. (Signed) Joseph Edwards. To Capt. Charles Lewis.
July 5, 1764.
PETITIONS TO MAY COURT, 1767.
MAY 14th, 1767.
To the Worshipful Court Next Sitting for Augusta:
I, your petitioner, humbly seweth that whereas a wagon road hath been
by order opened along ye South Fork of ye South Branch of Potomac,
which road is very hurtful to my plantation, I, your petitioner, beg that your
worships would appoint two men to view and make report of another road
which I shall shew them, and, when granted, will open another sufficiently
at my own expense. And I, your petitioner, shall, as in duty, ever pray.
JOHN BENNET.
P. S.--This is to certify, your worships, that ye above petitioner is under
a necessity of troubling your worships, as the road is greatly to his
disadvantage. Certified by us: Jeremiah Osborn, John Davis, William Davis,
James Davis, James Dyer, Charles Woolson, Joseph Woolson, Isaac Woolson,
Jacob Regart, John Roreback, John Garner, David Wilson, Charles
Smith, Matthew Patton.
Heth vs. Love.--1761. Debtor, Mr. Philip Love to Henry Heth: To your
club in the mess on ye campaign with Col. Andrew Lewis, Capt. Fleming and
others, as settled by the two former, £3, 11, 3.
MAY, 1765 (C).
Greer, Assignee of Boyd, vs. Blagg.--We, or either of us, do promise to
pay to Samuel Boyd, or order, &c., &c., for a certain bay horse that said
Boyd sold to William Grant, Sergeant, of the Virginia Regiment, &c., &c,
22d day of January, 1760. (Signed) Wm. Grant, John Blagg. Test: John
Heath.
488
1765.
William Ingles vs. Joseph Ray.--1760. Mr. Joseph Ray to William Ingles,
debtor. January 14, to cash lent you at Fort Lewis; to your account from
the Bedford book. July 24, to one pair gloves, rum and bumbo. Sworn to,
1765, before Daniel Smith.
MAY, 1765 (C).
Cloyd vs. Dooley.--Attachment. Attachment 30th January, 1765, by
David Cloyd, Sr., against James Dooley, and attachment bond signed by
David Cloyd, Sr., and David Cloyd, Jr.
NOVEMBER, 1764 (A).
Hugh (mark) Botkins. Bond dated 19th September, 1761, to Handry
Picket, conditioned to making deed to 174 acres, comprehending the place
John Kare sold to Richard Botkin, joining Robert Reburn and John Strain,
on the east; Robert McMahan and John Botkin, on the west; John Richey
and James Orrey and Edward Beard, on the north. Test: John and Mary
Botkin.
MAY, 1765 (B).
Cunningham vs. Sawyers.--Capt Alexander Sawyers to William Cunningham,
debtor. 1758, June 20, for Thomas Baker, for Henry Dooley;
August 22, for John Burk; August 29, for Dennis O'Brian; November 3, to
one deerskin for Andrew Johnson; November 14, pumps for John Foy;
November 16, for John Donally, for James Asque; November 20, for Thos.
Welsh, for Israel Young; November 23, for Joshua McCormick, for Abraham
Thompson, for Samuel Hamilton, for John Cunningham; to one horse
of my own; to my pay for 202 days' service in your Company, £20, 4, 0.
Contra: By cash, per Joseph Ray, John Davis, at May Court. (Signed)
David Sawyers.
PETITION.
To the Worshipful Court of Augusta County:
We, your humble petitioners, pray that your worships would be pleased
to grant a road to be cleared from Adam Reader's Mines to Isaac Robertson's,
from thence to Widow Wright's Mill, from thence to Thomas Harrison's,
on the great road to the Court House, which will be the covenants' road
to travel either north or south, to mill or to market. May ye second day,
year 1767. Your favor will oblige your humble petitioners. (Signed)
Thos. Pickins, James Van Pelt, Lydia Wright, Jacob Gum, Leonard Herring,
Wm. Dunlop, Wm. Blear, Francis Munsey, John Jackson, Adam
Kinder, Isaac Robertson, John Chrisman, Wm. Munsey, Jacob Gum, Jr.,
John Black, Robert Kearr, Scidmore Munsey, Wm. Pickins, David Robertson,
Mathias Kinder, James Wright, Timothy Warren, Robert Bellshe, John
White, Thomas Harrison, Jacob Miller, Alexander Peanter, James Thomas,
Henry Maze.
489
1769.
Michael Bowyer's account as Jailor allowed for insolvent fees for 1769:
Chas. Fred. Sivert, in goal for debt, 20 days; Robert McMahon, in goal for
felony, 24 days; Joseph Eaten, in goat for debt, 20 days; Wm. Cunningham,
in goal for felony, 8 days; Richard Smith, in goal, runaway, 28 days; Andrew
Caseday, in goal, runaway, 10 days; John Smith, in goal, madman, 62
days; Patrick Lacey, in goal, good behavior, 6 days; Jonathan Douglass, in
goal for debt, 20 days; Robert Phillips, in goal for debt, 6 days; William
McNeil, in goal for debt, 20 days; William Simson, in goal for debt, 20 days;
James Blan, in goal for debt, 20 days; James Blan, same; Joseph Ray, in
goal for debt, 10 days; Nathaniel Lyon, in goal for debt, 20 days; Charles
Harris, in goal for debt, 20 days; Christopher Finney, in goal for debt, 20
days; Christian Strickler, in goal, madman, 21 days; David Whiticher, in
goal, runaway, 36 days; John Dun, in goal for felony, 1 day; John Munks,
in goal, suspicious, 10 days; William Guin, in goal for debt, 20 days; a negro
man, in goal for felony, 7 days; James Dinniston, in goal for felony, 11
days; John Price, in goal for debt, 20 days; John Reece's two negroes, in goal
3 months and 16 days, from Carolina; to finding wood for the jail; to finding
wood and keeping the Court House.
AUGUST, 1765.
John Hamilton vs. Col. John Smith. Writ, 28th August, 1764. Col.
John Smith, debtor to John Hamilton, for goods for his soldiers at the
Dunkard Bottom and himself--September, 1760: Col. John Smith, himself;
Lieut. Hansley, John Smith (bowman), John Lukis, John Hamilton,
Stamp Evins, Richard Dodd, Richard Newport, Thomas Deigs, John Cotrel.
Said John Smith assumed to pay said accounts in presence of Lieut. Richard
Hickman (in Albemarle).
Wm. Givens and Wm. Thompson (both in this County).
AUGUST, 1766 (A).
Blackwood vs. Callison.--Know all men, &c., that we, James Callison and
Richard Moris, both of Augusta, stand indebted to William Blackwood, &c,
&c. 16th September, 1762. Test: Robert Conningham, Samuel Cloyd.
NOVEMBER, 1766 (A).
Capt. Walter Cunningham, debtor, to my pay as a soldier from ye 29th
November, 1763, to ye 20th March, 1764, being 111 days, at 1/6 per day.
(Signed) E. E., per John Clendenning.
This day Samuel Crockett came before me and made oath that he, the said
Samuel Crockett, served as Sergeant at Capt. John Dickinson's, on the Cow
Pasture River, under the command of Capt. Walter Cunningham, and further
declares that John Clendennen served as a soldier from the twenty-seventh
of November to the 20th of March in the said Company, and the
said John Clendennen, being neglected from the former to the latter date of
being returned in the pay-roll and was out of his pay. Given under my
hand this 9th day of July, 1764. (Signed) John Dickinson.
490
OCTOBER, 1765 (D).
John Hopes (Hapes) vs. Daniel Harrison.--Chancery. Spa. issued
September, 1763. Bill states that orator was some years ago employed as
Deputy Sheriff under Robert McClenachan, and continued so for two years.
Thomas Harrison, Daniel Harrison and John Cravens were his securities.
As the end of orator's term drew near he became fearful that he would be
behind in his accounts, and withdrew himself to Carolina, leaving his
Sheriff's books and effects for the satisfaction of his bondsmen. His effects
were immediately attached by Daniel Harrison, who was appointed Deputy
Sheriff in orator's place. After some time orator returned to Virginia and
sold a tract of land for £47, which he paid to his securities, expecting to
have an account rendered to him by defendant, but orator waited a long time
for an accounting, and then applied for one, but has never gotten one yet.
Prayer for acconuting.
Daniel Harrison's answer states that: Claims that orator is still in his
debt. Account follows: Downes's fees--William Carrel, David Johnson, James
Scott, John Dunbar, William Longin, Mathy Thomas, John Griffeth, John
Megil. Adam Bracen Righ's book (boock)--Alen Sculps, Alen Jackson.
John Bumgardner's book--Jonathan Duglis, Aorgin Jones, John Crage, Thos.
Dwode, Ben Inman Gouge, John Harrison, Henry Netherentine, Samuel
Lonard, Renell Macdannel, Jeremiah Orsburn, Jr., Samuel Pattron, James
Rutledge, Samuel Samples, Edward Shankling, Hugh Duglis, Wm. Ewing,
David Crage, John Griffeth, James Gray, Reuben Harrison, Samuel Henderson,
Francis MacBred, Richard Marling, John Phillips, John Pattron, Valentine
Seveor, Mathew Ship, John Walker, Thomas Holing, Mung Price, Hugh
Camel, John Davis, Jacob Glashe, John Holmes, Joell Hornback, Thomas
Loin (Lain), Peter Mate, John Orsburn, Josiah Parrent, Edward Rutledge,
James Scot, Mathous Sulcer, Richard Tictum.
COUNTY COURT JUDGEMENTS.
OCTOBER, 1765 (C).
Crow vs. Bell.--Elizabeth Hog deposes, 18th October, 1765, before Alex.
McClenachan, of lawful age: Sayeth that at the time when the first Fair
was held in Staunton, about three years ago, this deponent was standing in
the door of Francis Tyler, in Staunton, in company with Miss Priscilla
Christian, since deceased, when she was asked by Miss Priscilla if she would
not go down to Mr. Crow's store and get a fairing, on which this deponent
answered she would not go, and presently Thomas Crow, standing in the
store door of his brother William, waived his hand for this deponent and the
other to come over to the store, which they did, and as they were going into
the store the said Thomas Crow walked out, being called by his sister-in-law,
to the best of this deponent's rememberance, and as he passed by them Miss
Priscilla asked him if he was not going to give them a fairing, to which he
answered: Stay till I come back; on which they went into the store, and
Miss Priscilla made the same demand of a fairing from the defendant, Bell,
who was then within the counter, and made no reply for some time, but at
last he took from the shelves two pieces, or bolts, of ribbon, and told her
491
to take her choice, which she did, and then he cut off a yard and gave it to
her, when the said Miss Priscilla asked him if he would not also give this
deponent one, to which he answered, yes, and delivered another yard to this
deponent, and soon after Miss Priscilla asked the said Bell if he would not
give them a fairing for Thomas Crow, to which he answered, yes, and then
gave this deponent and the other a yard each from another bolt of ribbon,
and some time after, when this deponent went to pay off her account with
the plaintiff, William Crow, on hearing the articles read over with which
she stood charged, she found a yard of ribbon, to which she objected, as she
knew she never had bought any in the store, and on observing it was charged
at the same time with the yard of linen which she bought from the said Bell,
she told the plaintiff, Crow, that the defendant, Joseph, was wrong in charging
her with a yard of ribbon when he had made a present of a ribbon to her
and Miss Priscilla Christian at the same time, and she supposed had not
charged Miss Priscilla, on which the said Crow looked if the other ribbon
was charged to the said Miss Priscilla, but found no account, and then he
looked into the said Bell's account and told this deponent that he found no
ribbon charged of that date to the said Bell, and further sayeth not.
(Signed) Alex. McClenachan.
AUGUST, 1766 (A).
Christian vs. King (the Middle River Miller).--Capias dated 28th August,
1765, returned, "He will not be taken." Attachment of his property, dated
24th October, 1765. Account runs through years 1757-8-9, 1760-61-62-63-64.
1757, April 4, four lottery tickets; 1758, May 6, by your sister;
May 6, by John Gentry; June 23, by wife; 1759, July 4, by your mother;
July 25, by wife; 1761, January 31, bum. and sugar charged Mossey Creek
John. Contra: By patroling under Col. Preston, by allowed for going to
Sivers's Fort, by making 13 soldiers' shirts, by Hugh Lusk.
Urley vs. Christian.--To Mr. James Cloid, in Augusta County. Fort
Lookout, August 13, 1764. Dear Sir:--If Mr. John Willy brings my note
for two pounds and orders amounting to five pounds, none, and six pence,
sir, you will be so good as to pay him them and keep ye orders and note till
are meet, and, sir, you will oblige your humble servant--nuse we have none.
I am, sir, your friend and well-wisher. (Signed) Alex. Sayers. To Ensign
James Cloid.
I protest the above order. (Signed) James Cloyd.
AUGUST, 1765 (A).
Howell vs. Steel.--(This paper is only a wrapper.)--Augusta, September
23d, 1760. Sir:--I came here today in order to meet with you, but your
not being here occasions me to write, viz: John Guy came to my plantation
and took from me a young horse in value ten pounds. I am sure I can prove
the horse my property, so please to order a writ immediately out for him in
such a method as is proper, and let it be for ninety pounds, and apper
in ye cick, and I will pay you your fee, and I will employ another
attorney to assist with ye evidences I will give you the first opportunity.
This from your Humble servant. (Signed) W. Wilson.
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NOVEMBER, 1766 (B).
Joseph Ray vs. William Chandler.--Articles of agreement, &c., 6th Aug.,
1760, between William Chandler, of Bedford County, and Joseph Ray, of the
said County. Chandler is to deliver to Ray at the Dunkard Bottom, on the
New River, £100 worth of such goods as Ray thinks proper as soon as
Chandler conveniently can, which said Ray is to sell at 6 per cent out of
what he sells for his trouble of selling and the goods remaining unsold
Chandler obliges himself to take. For performance of which Ray, with John
Smith, John Sutton, Peter Lowney, his sureties, bind themselves. (Signed)
Wm. Chandler, Joseph Ray, John Smith, John Sutton, Peter Luney. Test:
John Bedel, Moses Hamilton.
Plaintiff charges that Chandler did not comply, and sues for damages.
In March, 1765, Sutton was in Carolina.
Col. John Smith deposes: That in August, 1760, being at Fort Lewis, he
heard Chandler sell to the plaintiff Ray £100 worth of goods, to be delivered,
&c., &c., make payment for ye same. At ye breaking up of ye campaign
under Col. Byrd, then carrying on against ye Cherokees, and accordingly
ye plaintiff Ray applied to deponent and Luney to become his securities,
&c. The goods were not delivered at the time agreed, or any time
during the campaign. Ray might have disposed of a still larger quantity of
goods to advantage on that campaign. (No date.)
Capt. John Blag deposes: That in 1760, whilst he had a Company of the
Virginia Regiment under his command stationed on the frontiers of this
County, Joseph Ray applied to him for liberty to supply this deponent's
Company in goods and such necessaries as they should want; the deponent
answered he was satisfied, and therefore should depend upon him, but after
waiting some time, was disappointed, and obliged to apply to another, as this
deponent understood that Mr. Ray had met with disappointment with some
man he had bought goods of; the deponent further sayeth that he believes
he should have taken and wanted about one hundred and fifty pounds worth
of goods at that time from Mr. Ray, and further sayeth not. October 24,
1765. (Signed) John Blagge.
MARCH, 1767 (A).
McClung vs. Fleming.--This day Mr. Jas. Knox came before me as a garnishee
for the estate of John Flimon, soldier, formerly of Capt. Lewis's Company,
and declared that he has no part of said Flimon's estate in his hands,
nor hasn't had since said Flimon left the County. Sworn before me this
29th October, 1766. (Signed) John Dickinson.
MAY, 1765 (C).
Articles of agreement, &c., between Robert Luney, of one part, and Peter
Luney and David Luney, of the other part.--Robert Luney, in consideration,
&c., but especially of a sufficient support and maintenance to him and his
wife, Elizabeth, during their natural lives, &c., (conveys) to his two sons,
Peter and David, tract whereon Robert now dwell (except the part lying on
the South Side of the Creek, where his son Daniel now lives); also the tract
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where Peter now lives. Peter and David agree to build a good and commodious
house for their father and mother wherever Robert choses. Three
cows reserved by Robert; rest to be divided between Peter, John and David
Luney. Horses he gives to son John, except two which he gives to son Daniel.
Dated 11th October, 1759. (Signed) Robert (mark) Luney, Peter
Luney, David Luney. Test: John Smith, John Buchanan, Thomas Ramsey.
AUGUST, 1765 (A).
Bowyer vs. Robert Reed.--1757, December 30, to cash; 1758, March 2, to
Thomas Hucklin for taylor work for Caleb Harmon; March 2, to Gilbert's
account versus Harmon; May 23, to cash; March 2, to one pair stockings
for Caleb. Contra: 1757, by Caleb Harmon's pay as a soldier in my Company
from 22d June till 29th November, 1757, being 161 days, £8, 1, 0;
by your account for ammunition, £2, 5, 0; by your account against the
Cherokees, £0, 15, 6; by Mathew Reed's account against Cherokees,
£2, 3, 0; by Thomas Saunders, per order on me, £5, 14, 0; by Caleb Harmon's
pay as a soldier from the 30th November till the 1st May, 1758, @ 1/
per day; by Harmon's pay in May and June; by ammunition for my Company;
1760, December, by cash. (Signed) E. (Accepted) per William
Preston.
Robert Reed, debtor to ye estate of Caleb Harmon, deceased: To cash
you received of Col. Preston, being the pay of the said Harmon while a
soldier under his command, £18, 14, 0. (Signed) E. E., per John Bowyer,
administrator.
Caleb Harmon, debtor to Robert Reed: 1756-1757, sundries; to cash
paid David Long for washing when at the Fort; 1756, to cash paid Capt.
McNeill for you.
OCTOBER, 1765 (D).
Christian vs. Hamilton.--1759, Dr. Robert Hamilton, debtor to Is. Christian;
August 16, to sundries; to 720 lbs. tobacco for Robert Read's attendance
on your trial at Williamsburg, 1755.
Johnson vs. Via.--1760, Mr. David Via in account with Thomas Johnson,
Jr.: To quit rents of 124 acres; 1761, to paid William Davis, John Lea,
David Hill, John Woodgar, John Ogg; 1762, to cash at Albemarle Court.
Contra: 1761, by Louisa County. Sworn to, 12th November, 1764, in
Louisa County, by Thomas Johnson, Jr., before Nicholas Johnson.
Church Wardens vs. Ward and Preston.--Know all men by these presents,
that we, William Ward and William Preston, are held, &c., to Sampson
Archer and John Mathews, Church Wardens, in behalf of the parish, in the
penal sum of £120, &c., &c. ____ day January, 1761. Condition: William
Ward has undertaken to build a house on the Glebe of said parish for the
sum of £60 by the first day of November next. The house to be twenty-four
feet long and eighteen feet wide in the clear, and one-story-and-a-half
high; the logs to be squared on two sides, and six inches thick, and well
duftailed; the sleepers, or lower joists, to be framed in the ground log, which
is to be nine inches thick; the joists to be well squared and plained, or
moulding struck on each, and to be eight inches by five square. The house to be
covered with lap shingles, clear of the sap, and fourteen inches to the
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weather. The gable ends clapboarded. An upper and under floor to be laid
of good plank, well seasoned and lathed. A partition across the house of
punch and pennel work, with a wainscoat door in the same. A stair case to
be raised with facing and a door. A front door to the house wainscoated,
and all the doors hung with iron hinges, and a lock to the front door. One
sash window of six panes in the room, and one of the same size opposite to
the front door, both well glazed. The floors and shingles to be nailed with
good double tens. The vacancies between the logs to be daubed or filled
with good mortar in both sides, as well above stairs as below. The house to
be underpinned where necessary. A good outside stone chimney to be built,
seven feet between the jambs and well pointed with lime. The roof to be
made long enough to cover the chimney. The whole job and every part of
it to be finished and completed in a workmanlike manner. The undertaker
to find everything necessary for carrying on the said job, except timber and
stone, which they are to have off the glebe land. (Signed) William Ward,
William Preston. Test: George Skillern.
The above is a true copy from the original bond, which is lodged in my
hand as Clerk of the Vestry. (Signed) William Preston.
Verdict for defendant.
NOVEMBER, 1766 (A).
Carpenter vs. Fonts (Fotch).--Chancery. Writ dated 24th November,
1763. Complainants are George Carpenter and Ann, his wife; Stephen
Hantsberger and Ursilla, his wife; Matthew Hearce and Francis, his wife,
daughters and co-heirs of John Shitley, deceased; that John Shitley was an
inhabitant of the German Empire, where he died, having a small personal
estate, leaving behind him your oratrices, then very young, and ____, his
wife, mother of oratrices, and one of the defendants, who by the laws and
customs of the empire, possessed herself of the small fortune of her husband.
Shortly after the father's death, the widow, thinking to benefit herself and
children, transported herself to America, bringing with her your oratrices
and what remained of John Shitley's estate, amounting to near £100, Virginia
currency, and some time after her arrival married John Fotch, the
other defendant, who took possession of all the effects. That as your
oratrices grew up, they intermarried (as above) and their husbands frequently
applied to the said John Fotsch and wife for the parts due their wives, but
obtained only £20 Pennsylvania Currency, £7 Virginia Currency, and 2
horses, worth £14, for which they gave receipt to Fotsch, expecting to
receive the remainder in a short time, but now so it is, he refuses to pay them
anything more.
John Fotch's answer: He married the widow of John Shitley in Germany
and not in America, and that on her passage to America she died at Plymouth.
He never possessed himself of any part of Shitley's estate, for he
died insolvent, except a few trifling bed clothes made use of by his children
on shipboard, but he says the grandfather of oratrices, Malchia Shitley, left
them goods and chattels which this defendant, marrying their mother, possessed
himself of, and before he came to America sold for as much money as
came to £67 Virginia Currency, of which defendant expended £8 for oratrices
for provisions and carriage from Switzerland to Holland, where they
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