Cumberland County Virginia USGenWeb Archives Court.....D1 Adms Of Charles Anderson, P1 Henry Wright 1786 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/va/vafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Richard Cottrell rjc@web-access.net March 10, 2008, 10:43 pm Source: Chancery Court Records - Cumberland County, Virginia Written: 1786 Chancery Court Records Locality: Cumberland County - Index Number: 1786-010 - No Original Case Number P1: Henry Wright, etc. D1: Adms of Charles Anderson Surnames: Anderson, Cottrell, McElroy, Ransone, Tretwell, Winston, Wright No Wills, No Plat and Format is Original Box 6, bcode 1150256, Stack loc 4/F/21/7/6 Total Number of pages: 14 Publisher: Library of Virginia, Richmond, Virginia Pages 1 and 2 To the Worshipfull Court of Cumberland County in Chancery Setting Humbly complaining sheweth unto your Worships. That your Orator Henry Wright & Benjamin Cottrell, sometime in the month of ________ and year ________ were impleaded in your Worshipfull Court by Anthony Winston & John Mcelroy Admtors of the Estate Charles Anderson deceas'd in an action of Debt for the sum of _________________________which was for property purchased by your orator Wright of the executors of the said Anderson at the same time yr Orator Wright made the purchase at the Sale of Andersons Estate, your Order had in his possession two Bonds of the sd Charles Anderson Deceas'd, one of them for four thousand eight hundred pounds of good Inspected James River Tobacco, given in July 1780, the other, for one hundred and thirteen pounds given in the month of November 1779 for property purchased by the said Anderson Deceas'd of your Orator Henry Wright which bonds, the said Admtrs of Charles Anderson agreed should be discounted out of whatever purchase your Orator Wright might make at the Sale of the sd Anderson Estate _____alleging at the same time, there would be sufficient Estate to payoff all the special contracts. But now so if is may it please your Worships, the suit aforesaid commenced for cause aforesaid was prosecuted to Judgment for the full amount of the Bond given by your Orator to the Admtrs of the said Anderson deceas'd, without allowing your Orators the aforesaid discounts of the Bonds given your Orator Wright by the said Anderson deceas'd, which Judgment of ____________with costs of suit was entered up against one of your Orators Benjamin Cottrell, in this Worshipfull Court of Cumberland on the __________Day ________________as may appear by an Authenticated copy in your Orators possession to which he begs leave to refer & which he prays may be taken and made part of this his Bill of complaint; & on which said Judgment execution has Issued, and the same levied on the property of one of yr Orators B. Cottrell, yr other Orator H. Wright being at that time in the State of Georgia & yr Orator Cottrell totally unacquainted with the circumstances of the bonds aforesaid, or otherwise the same woud have been pleaded at common law as a set off, against the said demands. Your Orators further beg have to shew to yr Worships, that they have been informed, & have cause to believe, that the said Admtrs have in sundry insolvency taken up bonds, that were executed by the said Anderson in his life time for much less than the real sums expressed to be due therein with an intention, as yr Orators have cause to apprehend, to charge the full amount thereof against the said Estate & thereby preclude Creditors from their just demands. All which actings and doings are contrary to equity & good conscience, and lend to aggrieve & injure your Orators. In tender consideration thereof and for as much as yr Orators are without remedy at common Law, and properly receivable in a Court of equity only where impositions are guarded against, and frauds detected. To the end therefore, that the said Anthony Winston & John Mcelroy Admtrs & may full true and perfect answer or answers make to the premisses, as fully as if the same were herein again particularly expressed and integrated and more especially, that they may on their respective corporal Oaths full & true answer make to the following integratories to wit. whether yr Orator Hen Wright had not in his possession, at the time of executing his bond to the said Executors as aforesaid, the two bonds herein before mentioned, due from the said Anderson deceased to him ? Did not the said Admtors know, or had they not cause to believe, that the said Bonds were still in your Orator Wrights possession, at the time they instrumented suit against him at common Law? Whether the said Admtors did not agree with yr Orator that the same should operate as discount against his bond, given for things purchased at the sale aforesaid? Were the said Bonds allowed on the trial at common Law to the credit of yr Orator, or have the same been paid off, either to yr Orator, or any other person on his behalf? and that yr Worships would be pleased purposefully to enjoin the Judgment obtained at common Law aforesaid against yr Orator Cottrell, so as to preclude the said Admtors from any benefit therefrom, and grant unto yr Orators such further or other relief on the premises as may be agreeable to equity & good conscience & The nature of this case may require. May it please your Worships to grant unto your Orators a writ of Subpena directed & C. At the bottom of page an upside down: Wright & Cottrel v Bill Anderson adm 1783 Aug Bill filed Sept came to case 1784 June was (dem usup time?) Pages 3, 4 and 5 The Answer of Anthony Winston and John Muckleroy Administrators of the Estate of Charles Anderson deceased and Defendants to an Injunction Bill of Complaint exhibited against them as pretended to be exhibited against them in the Court of Cumberland County by Henry Wright and Benjamin Cottrell who are there in called Complainants; and also Demurrer and exceptions to the said Bill in Part. These Defendants by Protestation not confessing or admitting all or any of the Allegations set forth in the said Bill to be true as far as the respect the said Henry Wright but denying the same (Lemus?) in Law to the said Bill as far as the said Henry is not included in the said Judgment in Law obtained by these Defendants against the Complainant Benjamin, nor is he named in or subjected by the Execution awarded against the said Benjamin in Pursuance of the said Judgment and for those Reasons and many and glaring Imperfections, Inconsistencies and Absurdities appearing in the Face of the said Bill and therein contained these Defendants pray the Judgment of the Court herein whether they shall make any other or further Answer to a Bill of Injunction set forth and exhibited by a party who is not a party to the proceedings at common Law or concluded in the Judgment and Execution at common Law appears by his own shewing. and for Answer to the said Bill and exception there to as far as the same relates to the complainant Benjamin then Defendants say That true it is the said Benjamin did become Security for the said Henry to them as Administrators of then Intestate Charles Anderson deceased at the sale of the Estate and these Defendants trust and believe without any Reprise as Defendants on a (Lett?) off mentioned in the Bill or any Discount against the Bond then given there Defendants but with an Expectation of really paying or discharging the Bond given to these Defendants if the said Henry should fail to do it himself and that without any retrospective Lien or Reference to any previous Contracts, Debts or Engagements; or why should the said Benjamin be ignorant of these Circumstances afterward when Suit was brought against him and not make the proper Defense which the Bill sets forth would have been at common Law except that the party himself was ignorant of his own Defense or what was to make in his favour; that is when the Suit was brought and prosecuted against him he thought himself bound by his Engagement as Security for the said Henry as he had even before been bound from the Time of executing the Bond and these Defendants trust is still bound. These Defendants deny the special agreements about Discounts; or if such agreement had been made why not performed on the Spot, or why was a Bond given by the Complainants to these Defendants when the said Henry had Bond against their Intestate to discount the Debt? Could it not have been done as well on the Spot without the Trouble of executing Bonds interchangeably if said agreement was absolutely made which these Defendants deny and say their Intestate owed so many Debts and of such different (Digestries?) that these Defendants can never tell how far his estate will extend in paying them til they have collected the Money and Tobacco due: and as for the amount of the Debt said to be due from their Intestate to Henry Wright the amount is not what constitutes the Dignity of a Debt and these Defendants do not know whether there is any Debt at all due Henry Wright from their Intestate or if any for what consideration it warrants (acted?). As for the Part of the Bill which (respects?) the unfair Proceedings of these Defendants in taking in Bonds of their Intestate, these Defendants conceive those Allegations whether true or false do not affect the present case or avail the Complainants anything, but if they have done wrong in other Instance which they do not admit they are answerable for the wrongs done when called on in a proper manner for a settlement of amounts or upon a (Devastavit?); and they trust however they may have erred on other Instances they hope in the particular case of the Complainants they have done their Duty as become them as administrators. as to that part of the Bill which refers to the Judgment obtained by these Defendants at common Law and prays it may be taken as part of the Bill (a Copy of which Judgment is pretended to be exhibited as the same Time from the Complainants) these Defendants except as imperfect and insufficient because the same is not added to the Bill nor made a Part thereof nor is the Sum therein contained or any Sum mentioned: And these Defendants further by leave to except to that part of the Bill which mentions the Bonds or Bond due from their Intestate to the said Henry without setting forth the amount or any amount or producing the same for the great Incertainity and Insufficiency of the said Allegation as well as the other Matter excepted to : And there Defendants except to all the other Allegations in the Bill contained besides what are answered unto above and the Interrogatories therein set forth as improper, imperfect and impertinent to be answered unto and of and concerning their Exceptions aforesaid they pray Judgment of the Court without that trial VC. Then Defendants hope hence to be decomposed with their costs in this Behalf most wrongfully sustained VC. Th Miller for the Defts (Demurrer VC) Buckingham County to wit. Anthony Winston and John McKleRoy administrators of Charles Anderson This Day made oath before me a Justice of the peace for the said County that their Answer to the Bill of Complaint exhibited against them in Cumberland County and set forth above which answer is above on this Sheet of paper is true as far and relates to any Act or Doing of theirs respectively; and that as far as it relate to the Acting or Doing of any other person or persons they believe it to be true. Given under my Hand This 19th day of March 1784. William Watt Page 7 The Deposition of William Ransome of Lawfull being first Sworn on the Holy Evengalist of Almighty God Deposeth and sayeth that at the Sale of Charles Anderson Decd. Estate he heard a conversation between the Administrators of that Estate & Henry Wright, the said Wright then being a purchaser or about to purchase, & at the same time claimed against the Estate a Debt. This Depot. unaffected by there conversation that they the said Administrators was not in order to settle the Estates accounts at that time but when the debts were due upon the sale that each Debt should opperate against the other and Bonds Canceled, and further he sayeth not. This Deposition Sworn to before us in due form this 26th day of April 1786. John Raine Saymer Scott Page 8 Know all men by these present that we Benjamin Cottrell & John Woodson are held & firmly bound unto Anthony Winston & John Mcelroy administrators of Charles Anderson decd in the sum of One hundred & fifty pounds current money of Virginia. The payment where of will & truly to be made to the said Anthony Winston & John Mcelroy Executors Charles Anderson Deceas'd their Heirs, Executors, Administrators or Assigns. We bind ourselves our Heirs, executors and administrators Jointly & severally firmly by these presents sealed with our seals and made the twenty Sixth day of August One thousand Seven hundred & eighty three. The condition of the above obligation is such that whereas the above Benjamin Cottrell & ______________ have obtained an injunction to stay the proceedings at common law on a Judgment obtained in the court of the said County of Cumberland by the above named Anthony Winston & John Mcelroy executors of Charles Anderson Deceased. Now if the said Benjamin Cottrell ____________shall satisfy & pay to the said Anthony Winston & Jno Mcelroy all such sums of money & tobacco & costs which are now due or shall become due to the said Anthony Winston & John Mcelroy on the said Judgment & also all such costs as shall be awarded against him the said Benjamin Cottrell ________ in case the said injunction shall be disolved. Then the above obligation to be said also to remain in full force & virtue. Sealed & delivered in presence of } Ben Cottrell (seal) John Woodson (seal) I promise to pay or cause to be paid to Henry Wright an order four thousand pounds of good Inspected Tobacco on James River on or before the twenty fifth Day of Dec. next for the payment of the same I bind myself my heirs & in the penal sum of nine (eight crossed out) thousand two hundred pounds like Tobacco as witness my hand this twenty ninth Day of July one thousand seven hundred & Eighty. Chas. Anderson Test. Anthy Gardner Henry Ransome This six hundred pounds of Toba. added after being signed. Charles Anderson Test. Anthy Gardner Henry Ransome Page 9 Bond Chas. Anderson 4600 lb Toba. 200 lb added 4800 Toba due Cottrell vs Anderson adm Inj bond 26 Aug 1783 Page 10 Common Wealth of Virginia to the Sheriff of Cumberland County, greeting: We command you to summon Anthony Winston and John McElroy administrators of Charles Anderson decd. to appear before our Justices of our said County, at the Courthouse, on the fourth Monday in next month to answer a bill complaint exhibited against them by Henry wright & Benjamin Cottrel and this they shall in no Wise omit, under the Penalty of L100 each. Witness George Cunningham Clerk of our said Court, at the said Courthouse, the 26 Day of august in the eight Year of our independence. Geo. Cunningham Below the above printed sideways: Wright & Cottrel ~ Anderson Adms Term Ws 26 Aug 1783 1783 Sept Anthony Winston Jno McElroy In Debt Robt. Anderson for Jos. Callan Bottom of page: I Do acknowledge my self Justly Indebted to Tyrce Harris in the Just sum of one hundred & thirteen pounds Current money, to be pay'd to Henry Wright or his orator, on or before the first Day of march next Insuing. Given under my hand this twenty Eighth Day of november one thousand and seven hundred & seventy nine. Test: Thomas Bryant Chas Anderson (seal) Andersons note L 113.00 Page 11 H Executors Charles Anderson Est. has obtained a Judgment agts. H. Wright & Cottrel for about Sixty pounds agreeable to Scale for a Bond given by Wright for property purchased at the Sale of Andersons Estate ___ at the same time Wright had in posession two Bonds of Charles Anderson the one for 4800 lbs Toba the other for L113 paper currency per acct. of property sold to Wright to Anderson. Which the Executors agree should be discounted out of the purchase alledging at the same time _______________ Estate to pay off all the special _______________ In consideration thereof Wright prays an injunction, the bonds now exhibited must be a sufficient cause to the court for admitting the claim. Wright alledges the Execrs have lately given out there will not to a sufficiency to pay the debts, & that the Exrs. have purchased up Bonds for much less than the nominal sum expressed in the same, by which he expects they are about to make considerable advantage. Commonwealth of Virginia % John Raine Saymer Scott & Joseph Michaux Gentlemen Justices Greeting Know ye that we trusting in your fidelity and provident Cucumspection in deligently examining what ever Witnesses as well on behalf of Wright & Cottrel ________plaintiffs as on behalf of Chs. andersons admors _______Defendants, Common, you or any two of you that at such certain dates and places as you shall appoint you assemble yourselves and the witnesses aforesaid before you or any two of you, you call and cause to come and deligently examine on the holy Evengalist of Almighty God and their examination into our County Court of Cumberland distinctly and plainly without delay you shall send and certify enclosed returning also this writt Witness Miller Woodson Clerk of our said court at the courthouse the 18th Day of March in the 16th year of our Independence. Page 12 Henry Wright Memorandum H. Wright Cumb. July Court 1783 Bond Bill of Inj. filled in C. Const. Wright vs Anderson to be filled. Pages 13 and 14 The Deposition of James Tretwell of Lawfull age being first Sworn on the Holy Evengalist of Almighty God Deposeth and sayeth that on the ____ Day of ____ being some small time before Henry Wright Moved from this State, he heard a Conversation between John Muckleroy Administrator of Charles Anderson Decd & the said Henry Wright conserning a Judgment that the said Administrator had recovered against him the said Wright in Cumberland Court. The said Wright then observing to the said Muckleroy that he was Illy treated by the said Administrators for continued he I had a Bond against _______________as I owed it & that you agreed when I purchased at the Sale that when the debts become due you would Discount with me otherwise I would not have purchased nor given my Bond, Muckleroy then agreed that he always expected to have Discounted his Debt as he well remembered he had agreed so to so at the sale of the Estate but that Anthony Winston another Adminstrator had got his Bond in Possession _____________without his Knowledge but continued he that they would yet settle the matter fairly, for as he the said Wright was among the first that claimed against Andersons Estate he should be paid for there was Estate enough to pay all the debts, this Deponent further says that he heard John Woodson give Anthony Winston notice that he the said Woodson was conserned in a matter between him and Henry Wright in Cumberland Court on an injuction to stay Proceedings on a Judgment Anderson administrators against this said Henry Wright. The said Woodson asked him if he would attend to the taking Deposition in that Matter, or Whether In the said Winston would give him have to take such as was Necessary to support the Bill without further Notice The said Winston Answered that he might take as many Depositions as he pleased without ________________he should not attend to one of them for he did not care which way the matter went for if Wright was in the right he was welcome to the money therefore you need not give me any further notice & further this Dept. sayeth not. Sworn to before us ___________________________County this 28th day of apr. 1786 in due form. John Raine Saymer Scott Copies of Images at: http://www.cottrellweb.com/documents/anderson1.jpg http://www.cottrellweb.com/documents/anderson2.jpg http://www.cottrellweb.com/documents/anderson3.jpg http://www.cottrellweb.com/documents/anderson4.jpg http://www.cottrellweb.com/documents/anderson5.jpg http://www.cottrellweb.com/documents/anderson6.jpg http://www.cottrellweb.com/documents/anderson7.jpg http://www.cottrellweb.com/documents/anderson8.jpg http://www.cottrellweb.com/documents/anderson9.jpg http://www.cottrellweb.com/documents/anderson10.jpg http://www.cottrellweb.com/documents/anderson11.jpg http://www.cottrellweb.com/documents/anderson12.jpg http://www.cottrellweb.com/documents/anderson13.jpg http://www.cottrellweb.com/documents/anderson14.jpg Transcription by Richard Cottrell File at: http://files.usgwarchives.net/va/cumberland/court/d1admsof375gwl.txt This file has been created by a form at http://www.genrecords.org/vafiles/ File size: 20.7 Kb