Charlotte County Court Orders Book 10 Submited by Tom McCargo 23 April 1999 TOMMCARGO@aol.com ************************************************************************ USGENWEB NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. ************************************************************************ COURT ORDERS - CHARLOTTE COUNTY, VA BOOK TEN 1794 - 1794 1 December, 1794 Page 1 An Indenture between William Callicott and William Brezindine, of the one part and James Callicott, was acknowledged by the said Callicott and Brizendine to be their several acts and deeds and Elizabeth, the wife of the said William Callicott, she being first examined according to law, relinquishes her right of dower to the land conveyed by her husband in the indenture. 2 February, 1795 Pg 15 John Rawlins is appointed surveyor of the road, whereof Loyd Portwood was late survey, and it is ordered that he, with the usual hands that work the road under the said Portwood, do clear and keep the same in repair. 7 April, 1795 Pg 44 Charles Webster and John Sullivant - on petition by note It appearing by the Sheriff's return, that the defendant is not an inhabitant of the county, this petition abates. 4 May, 1795 Pg 45 Hugh Wyllies and John Sullivant - in debt This day came the as well the ptlf by his atty as the defendant into court in proper person Page 46 James Callicott, Plaintiff vs William Fleming and William Callicott, Defendants - a suit in debt Richard Brizendine came into court and undertook for the defendants etc. Motion of the defendants by their atty, who plead payment, to which the plaintiff replied generally. It is ordered that the judgement obtained in the office against the defendants and Chastain Cocke, security for the appearance of the defendant Fleming, be set aside Pg 49 Walter Bennett vs Nathaniel Rogers, exor of Thos Rogers - case Jury includes John McCargo 1 June, 1795 Pg 64 On the motion of Jeremiah Miller, license is granted him to keep and ordinary at his house .... Miles Bottom, his security. Pg 65 On the motion of Richard Davenport, his earmark of cattle, hogs, etc, a swallow-fork and undercut in the right ear, and a crop and slit in the left. Pg 67 An indenture with memorandum endorsed between John McCargo of the one part, and Robert McCargo of the other, is acknowledged by the said McCargo to be his act and deed, and ordered to be recorded 6 July, 1795 Pg 73 At a court held for the county Levy - by 3678 tithables @ 18 cents per poll.............. 662.04 4 August, 1795 Pg 78 (The Court appoints processioners, Loyd Portwood & Thomas Portwood are appointed to continue , as are James Howard and Miles Bottom. This also includes): Edmund Dunn and Levi Blankinship from where the old Court House Road crosses the Mecklenburg County line, up that to Clements, by Kings Road , to Tomasons old place, and by that to the beginning Pg 80 Emanuel Almond vs Richard Grossand and William Armistead Jury includes John McCargo Pg 81 John Peter Matthews assignee of William Williams vs Stephen Bedford - Debt Jury includes Robert McCargo William Lee vs Joseph Ward - debt Foreman of the jury is John McCargo Pg 83 William Rowton vs Mary Rowton , Thomas Harvey and Benjamin Marshall - defendants in chancery On the motion of the plaintiff by his atty, It is ordered that, the rule judgement obtained in the office for a dismission for the want old a bill, be set aside and that the cause be sent back to the rules. 7 September, 1795 Pg 93 It is ordered that Thomas Pettus, Joseph Pearson, Levy Blankinship, and Ambrose Haley... appraise in current money the ...estate of Ambrose Lea dec'd 5 October, 1795 Pg 105 Hugh Wyllie vs John Sullivant & Adam Levan upon a motion on a delivery bond ... the defendants being called and not appearing etc. 7 November, 1795 pg 108 Grand jury summonsed includes Thomas Ligon 7 December, 1795 Pg 125 James Simpkins is appointed surveyor of the road whereof William Page was late surveyor .. same hands, together with the male laboring tithables belonging to Raymond Blankinship, Thomas Haley and John Vaughn etc. 7 March, 1796 Pg 139 Grand Jury includes John McCargo 9 March, 1796 pg 151 Samuel Rogers , assignee of Patrick Henry, vs Elizabeth Ford, William Roach, Abner Ford, & Thomas Ford - a suit in debt Jury includes Clement Sullivant and finds for the plaintiff.. œ 59, 6 shilling, 2 pence, with interest from 1 April 1794 Pg 152 On the motion of Clement Sullivant, witness for Benjamin Lawson, in his suit against John Harris's adm'rs; $1.06 for two days attendance at court 22 March, 1796 pg 160 A court held for the trial of John Lucas, a Negro man, who stands committed to the common jail ... charged with being an accessory in feloniously stealing & receiving sundry goods, the property of John Chappel. He is heard in his defense by Clement Read, who for the prisoner, excepts to the sufficiency of the mittamus., in charging the prisoner generally and not specifically as to articles stolen and the time when and where the acts were committed. The exception being argued and judged good, the prisoner is ordered to be discharged 25 March, 1796 Pg 161 A court held for the trial of John Lucas, a Negro man slave, said to be the property of Benjamin White, who stands committed to the common jail, charged with being guilty of feloniously breaking and entering, on the night of the 26th of June, 1795, the smoke-house of John Chappel, of the said county, and taking thereof a quantity of bacon to the value of 24 shillings, and stealing & receiving as an accessory, sundry articles, to wit: two calico gowns, one black & white Virginia cloth gown, one purple stuff shirt, a spotted plain petticoat, two fine aprons, one fine linen shift, one fine linen shirt, one black silk and other handkerchiefs, of the value of œ10 on the 27th day of June, 1795, the property of John Chappel Being arraigned, the prisoner saith he is in no wise guilty, and he was examined on behalf of the commonwealth, as well as the said prisoner, & he was fully heard in his own defense, no atty being present for the court to assign counsel. It is the opinion of the court that the prisoner is guilty of the felony of stealing the bacon and an accessory in receiving sundry of the cloths charged against him, but not of the burglary charged against him. Whereupon the prisoner prays the benefit of clergy, and to him it is granted. Therefore it is ordered that for the cyrmes aforesaid, the said prisoner be burnt in the hand at the barr in open court, and that he then be conducted to the pillory, and have his ears nailed to the post for two minutes, each alternately, and then cut off, and be thence discharged. and it is commanded the sheriff that the execution thereof be done immediately. 25 March, 1796 Pg 161 It is ordered that Thomas Williams , John McCargo, Philip Goode and John Rice . . . appraise the slaves and personal property of Pricilla May, dec'd. . . etc Pg 162 It is ordered that John Petty and John Gilliam, who made oath according to law, certificate is granted for obtaining letters of administration of the estate of John Sullivant, dec'd, they giving security, whereupon they, together with their securities Langston Bacon and Joseph Chaffin . . . etc. It is ordered that Robert Bedford, William Thweatt, Joseph Friend & Moses Eudaley . . . do appraise the slaves and personal property of John Sullivant, dec'd . . . etc Clement Carrington came into court and produced a commission from his Excellency the Governor, to be Major of a battalion in the regiment of Artillery, annexed to the First Division of the sd Militia. 3 May 1796 Pg 170 William Goode, Plaintiff vs Thomas North, Defendant - a writ in trespass of assault & battery By mutual consent of the parties, by their attys, all matters of difference between them in this suit, is submitted to the final determination of Benj Marshall, Thomas Harvey (Butterwood), James Patillo, Andrew Wallace, William White and John Richardson (Black Head), or any five of them. Pg 172 Philip Goode, Jr. & William Watkins, having been found guilty of fighting in the presence of the court while sitting . . . to the disturbance of the court . . . It is ordered that for the sd offence, they be bound to the peace and give security for their good behavior, and that the sheriff take them into his custody & safety until they enter in an recognizance with sufficient securities, that is to say, œ 100 each and their securities œ 50 each - on condition that they shall be of good behavior and keep the peace towards all good citizens of this Common- wealth during the term of one year and a day from the next coming Pg 178 James Callicott and Susannah, his wife, formerly the widow of George Brooke, dec'd, Plaintiffs vs Langston Bacon, adm'r of the estate of George Brooke, dec'd; Bibby Brooke, Thomas Brooke and Travis Brooke, sons and infants of George Brooke, dec'd, Defs - a suit in Chancery Two of the commissioners appointed under the interlocutory order made in this court; to allot and assign to the plaintiff Susannah, her dower of slaves & personal estate therein mentioned, this day made their report in these words "In obedience to the court, we have allotted to the relict within the following slaves; to wit: Edmund, Bibb, and Lucy as also the sum of œ 43/13/2 of the personal estate the same being sold by consent of the parties." signed Mack Goode & Hillary Moseley. In confirmation whereof It is ordered and decreed that the sd allotment made and assigned to the plaintiff Susannah, as her dower in the sd estate be made firm and stable between the parties, that is to say, the slaves during her natural life and the œ 43/13/2 to her and her heirs forever. The plaintiff recover against the defendant, their costs in this suit to wit: 110 lbs of tobacco @ one & three-quarter shillings per lb :Clk 484 cents ; atty 500 cents Pg 189 Woodson Sullivant, orphan of John Sullivant, dec'd, came into court, and being of lawful age for the purpose, made choice of Allen Gilliam, as his guardian, who is accordingly appointed. Whereupon he together with Thomas Pettus, his security . . . etc It is ordered that the Overseers of the poor of the fourth district bind out Woodson Sullivant, orphan of John Sullivant, to Allen Gilliam according to law. Pg 191 The Commonwealth vs Samuel Sandyes - on a summons for not listing his taxable property. By decree of the court the same is ordered dismissed. John McCargo is appointed guardian to Elizabeth Sullivant, orphan of John Sullivant, dec'd, he giving security, whereupon he with William Brown, his security . . . etc. pg 195 John Barnes, adm'r of James Barnes, dec'd, Plaintiff vs Thomas Hugh James, John James and John Callicott; Defendants - on a petition by note. It appearing by the sheriff's returns that Hugh Thomas James is not an inhabitant of this county, therefore the suit against him abates. The other defendants, being duly summoned and not appearing, therefore the plaintiff recover against the defendant œ 2/14/0 w/interest from 1 Dec 1793. Pg 198 A court held to receive the county levy: To: Edward Dennis, for 2 potts for use of the jail ............... .72 To: Thomas Read, for timbers valued and used at the causeway at Little Roanoke bridge ....................... 1.89 To: Edmund Read, for cart & steers 2 days, found for use of the county for building the causeway at Little Roanoke bridge ............................................. 2.50 To: John Smith and his company, for patrolling ................ 15.84 To: Isaac Clark and his company, for patrolling ................ 11.37 To: Processioners Thomas & Loyd Portwood 2 days........................... 2.00 Edmund Dupree & Levy Blankinship 6 days.......... 6.00 For 3773 tithes @ 15 cents per pole 568.95 4 July 1796 Pg 200 John Roberts is appointed guardian to Amy Sullivant, orphan of John Sullivant, dec'd, he giving security, whereupon he with Francis Barnes, his security . . . etc. Pg 204 An account current of the estate of George Brooke, dec'd, with Langston Bacon, adm'r, was this day reported by the commissioners appointed to adjust and settle the same. On the motion of the sd adm'rs, It is ordered that he be allowed 4 pecentum on œ 300 for his troubles in the administration of the sd estate. 1 August 1796 Pg 205 Grand Jury impanelled includes John McCargo. Stephen Blankinship, Plaintiff vs James Canada, Defendant - A trespass in assault & battery and false imprisonment At the bottom of the page - to faint to read. 4 September 1796 Pg 224 James Callicott, guardian of Francis Brooke, orphan of George Brooke, dec'd, came into court and rendered his account against the estate of the sd orphan. Note: this should be Travis Brooke - a mistake in transcribing by the Char Co. Clk Pg 225 An indenture between Dickinson Lumpkin and James Callicott pg 230 At a court held to receive claims against the county John Gilliland - $8.95 for 8 days attendance as a guard over Joshua Thomas & James Boatrite for two days attendance over same from Charlotte to Cumberland Co's. Joseph Vaner - $8.50 for ten days attendance as a guard over Wm Adams, Thomas Ford & Hezikiah Ford and for seven days attendance over John Ford. Francis Grodas - 5 shillings for making a pair of handcuffs and putting them on Moses, a criminal, and taking them off twice. RULE JUDGMENTS FOR NOVEMBER Pg 251 John Vaughn, assignee of Samuel Venable, for the benefit of William Lea, against William Rawlett & David Blankinship 5 December 1796 Pg 253 A Power of Attorney between Thomas Burton and Larkin Sullivant, authenticated by the clerk of Court, County of Laurens, State of South Carolina. On the motion of Hillary Moseley, ordered to be recorded. Pg 256 William Thweatt, Plaintiff vs Jerrald Sullivant, Defendant - an attachment against the Defendant's estate. This day came the plaintiff by his atty, and the Sheriff having made return on the attachment against the defendant's estate, that he had levied the same in the hands of John Petty and Robert Gilliam, and summonsed them as garnishees, and the sd defendant not appearing, tho solemnly called, neither does he replevin the attached effects, and the sd Robert Gilliam one of the garnishees appears and on oath saith that John Petty and himself are adm'rs of the estate of John Sullivant, Dec'd, and the defendant, as son and one of the representatives of the intestate, has an interest in the sd estate, which is not at this day ascertained, as no division has taken place, and can only be known when a division among the several distributees are made. The plaintiff's demand for the sum of œ 17/12/0, current money, appears to be just. It is considered by the court that the plaintiff recover against the sd defendant his debt aforesaid, & his cost in this behalf expended . It is ordered that the money in the hands of the garnishees . . . be condemned and when legally ascertained, that they pay the same to the plaintiff, to be applied towards satisfaction of the judgement, or so much thereof as will pay & satisfy the same. End Note 1 There are two more actions styled in almost the same words, on the same court day -- Pg 257 Henry Hailey -- Pg 258 John Nash Read