Buckingham County Virginia USGenWeb Archives Court.....Allen And Cottrill, George And Benjamin 1802
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File contributed for use in USGenWeb Archives by:
Richard Cottrell rjc@web-access.net February 19, 2008, 8:31 pm

Source: Burned Records County Collection, Library Of Virginia, Richmond, Va
Written: 1802

Burned Records County Collection - Burned Records Counties Database
Locality: Buckingham Co., VA Record Type: Judgment Dates: 1802
Name: Allen, George, his Admix., etc., vs. Benjamin Cottrill
Publisher: Library of Virginia, Richmond, Virginia


Buckingham County to wit, Mary Allen administratrix of George Hunt Allen decd
complains of John Burton & Benjamin Cottrell in custody of the Sheriff of the
said county of a plea of that they render seven hundred and ninety pounds which
they owe to and unjustly detain from her For that whereas the Defendants at the
Parish of Tillotson and county aforesaid on the sixteenth day of September in
the year 1779 their their certain writing obligatory commonly called a penal
Bill signed with the Hands and sealed with the proper seals of the Defendants &
to the court here ready to be shewn whose date is the same day and year
aforesaid acknowledged themselves held and firmly unto the Plaintiff in the said
sum of three hundred and ninety five pounds which they promised to pay on or
before the 16 September 1781 and for the payment thereof bound themselves in the
penal sum of seven hundred and ninety pounds and the Plaintiff in fact avows
that the Defts. do not pay the said sum of three hundred and ninety five pounds
on the day when they promised the same to do wherefore an action hath accrued
unto the Plt. to have and recover of the Defendants the said sum of L790 which
the Defendants altho. being often thereto required have not paid nor any part
thereof to the great Injury and Damage of the Plt. five pounds and therefore she
sues V.C. and hath ready the Letters of Administration to shew V.C. Th. Miller
for Plt.

Buckingham County . . . . . July Court 1783

Mary Allen Admix. of Geo. H. Allen decd Plaintiff
against . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .In
Debt
John Burton and Benjamin Cottrell . . . . . Defendants

This suit abates as to the Deft. Burton he being returned no inhabitant of this
county and Richard Blanks of this county comes unto court and undertakes for the
Deft. Cottrell that in case he shall be cast in this suit he shall satisfy and
pay the condemnation of the court or render his Body to prison in execution for
the same or that he the said Richard Blanks will do it for him. Where upon came
the parties by their attornies and the defendant saving to himself all advantage
of exception as well to the Plts. writ as to her declaration prays and has leave
to impart till the next court and then to pleas.

Buckingham County . . . . . May Court 1784

Mary Allen Admix. of Geo. H. Allen decd Plaintiff
against . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In Debt
Benjamin Cottrell . . . . . Defendant

This day came the parties by their attornies and the Deft. saith that he hath
paid the debt in the declaration mentioned, and of this he putteth himself upon
the Country and the Plts. likewise and the Trial of the issue is referred till
the next court.

Buckingham County . . . . . June Court 1785

Mary Allen Admix. of Geo. H. Allen decd. Plaintiff
against . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .In Debt
Benjamin Cottrell . . . . . Defendant

This day came the Parties by their attornies and the Deft. relinquishing his
former plea, his attorney saith he is not informed by the Deft. to give any
other answer for him and says nothing in bar or preclusion of the Plts. action
when the Plts. action remains against the said Deft. undefended. Therefore It is
considered by the court that the Plt. recover against the said Deft. seven
hundred and ninety pounds the debt in the declaration mentioned and her cost by
her about her suit in that behalf expensed and the said Deft. in mercy V.C.
But this Judgment is to be discharged by the payment of sixteen pounds nine
shillings and two pence (specie) with interest thereon to be computed after the
rate of five percent interest annum from the sixteenth day of Sept. one thousand
seven [eight crossed out] hundred and eighty one till paid and the costs.
Costs 175lbs of Tabo. 15S A Copy Teste Bolling Branch D.C.

The Commonwealth of Virginia to the Sheriff of Buckingham County greeting we
command you that of the goods and chattels of Josias Chambers security for
Benjamin Cottrell late in your bailiwick you cause to be made the sum of forty
three pounds three shillings and one penny which Mary Allen Admix. of George H.
Allen decd. lately in our said court hath recovered against the said Chambers
for debt and also eighty pounds of gross Tobacco and fifteen shillings and
eighty cents for costs whereof he is convicted as appears to us of record and
that you have the same before the Justices of our said court at the Courthouse
on the second Monday in next January to render to the said Mary Allen admix. of
Geo H. Allen decd of the debt and costs aforesaid and have then there this writ
witness Rolfe Eldrige Clerk of our said court at the courthouse the 17th day of
November 1801. And in the 26th year of the Commonwealth. Bolling Branch D.C.
Endorsed Memo. This execution is to be discharged by the payment of twenty
pounds eleven shillings and six pence half penny with 5 percent interest thereon
from the 3d day of August 1785 till paid and the costs within mentioned. Bolling
Branch D.C.

[This was included with the above and placed at bottom of the page] : Sheriffs
return . . . Levied on a likely bay Horse & further proceedings stayed by order
of the plaintiffs agent who ordered me to return this (?Eano?) statisfyed.
Ambrose Ford D.S. for David Coapland Shff. 1st Jany 1802 A Copy Teste Bolling
Branch D.C. B.C.

The Commonwealth of Virginia to the Sheriff of Buckingham County greeting we
command you that of the goods and chattels of Benjamin Cottrell in your
bailiwick you cause to be made seven hundred and ninety Pounds and one hundred
and twenty five pounds of gross Tobacco and fifteen shillings which Mary Allen
Admix of George Hunt Allen hath recovered against him for debt and costs.
Whereof the said Benjamin Cottrell convict as appears to us of record and that
you have the same before the Justices of our said Court at the Courthouse of the
said County on the second monday in September next to render to the said Mary
Allen Admix VC of the debt and costs aforesaid and have then there this writ
witness Rolfe Eldridge Clerk of our said court at the courthouse the 21st day of
July 1785 in the 10th year of the commonwealth. Rolfe Eldridge
Memo : This execution is to be discharged by the payment of Sixteen Pounds Five
Shillings and two pence Specie with lawful interest thereon from the sixteenth
day of September 1781 till paid and the costs within mentioned. Rolfe Eldridge
Sheriffs return "Ex'd & Repl'd" B. Ford DS for John Johns Shff
Know all men by these presents that we Benjamin Cottrell and Josias Chambers are
held and firmly bound unto Mary Allen Admix of George Hunt Allen decd in the
just and full sum of forty five pounds three shillings and a penny current money
of Virginia to be paid to the said Mary her heirs executors administration and
assigns to the which payment will and truly to be made we bind ourselves our
heirs Executors & sealed with our seals dated the 3d day of August 1785.
The condition of the above obligation is such that whereas the above named Mary
Allen hath sued out of the County of Buckingham a writ of fiari facias against
the estate of the above bound Benjamin Cottrell which writ with the legal costs
attending the same amounts to the sum of twenty two pounds eleven shillings and
six pence of like money and the Sheriff hath taken into his hands sufficient of
the estate of the above bound Cottrell to satisfy the same and the said Cottrell
now at the time appointed for the sale of the goods taken as aforesaid having
tendered the above bound Josias Chambers as security for the payment of the sum
of L 22.11.6 c/2 with interest within three months and the Sheriff hath restored
to the said Benjamin Cottrell the goods taken as aforesaid. Now if the said
Benjamin and Josias do will and truly pay to the said Mary Allen the debt and
costs aforesaid within three months next ensuing the date hereof then the above
obligation to be void else to render in full force and virtue.
Signed Sealed and delivered in presence of Benjamin Cottrell (seal) Josias
Chambers (seal)

At a court continued and held for Buckingham County the 14th day of November 1786
Mary Allen admix of George H. Allen decd Plaintiff
against . . . upon motion on a three months repay bond
Benjamin Cottrell & Josias Chambers Defendants
This day came the Plt. by her Attorney and the defendant Josias Chambers having
had legal notice proven against him of the said motion and was solemnly called
Therefore It is considered by the court that the Plt. have execution against the
said Josias Chambers for forty five pounds three shillings and a penny the
penalty of the said bond and full costs by him in the behalf expended and the
said Deft. in mercy VC. But this Judgment is to be discharged by the payment of
twenty two pounds eleven shillings and six pence half penny with interest
thereon to be computed after the rate of five percent interest annum from the 3d
day of August 1785 till paid and the costs.
Cost of 80 lbs gross Toba & 15 S and 80 Cents A Copy Teste Bolling Branch D.C.B.C.

Images of actual judgment:

http://www.cottrellweb.com/documents/bencot1.jpg
http://www.cottrellweb.com/documents/bencot2.jpg
http://www.cottrellweb.com/documents/bencot3.jpg
http://www.cottrellweb.com/documents/bencot4.jpg
http://www.cottrellweb.com/documents/bencot5.jpg
http://www.cottrellweb.com/documents/bencot6.jpg
http://www.cottrellweb.com/documents/bencot7.jpg

Transcription by Richard Cottrell
rjc@web-access.net

File at: http://files.usgwarchives.net/va/buckingham/court/allenand366gwl.txt

This file has been created by a form at http://www.genrecords.org/vafiles/

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