COURT RECORDS DIGEST Presented by the Records Conservation Project in cooperation with the Clerk of the Circuit Court for the City of Fredericksburg, Virginia --------------------------------------------------------------------------- Court Records Digest created and developed by Barry L. McGhee, bmcghee@interserf.net This edition was prepared 07/07/96 Copyright © Barry L. McGhee 1996 --------------------------------------------------------------------------- Pre-1914 court papers located in the Circuit Court for the City of Fredericksburg, Virginia, are being processed for archival storage and microfilming. As part of this on-going project, a database containing the names of primary parties (plaintiffs, defendants, deponents, petitioners, etc) has been created by the Records Conservation Project. Also included in the database are Remarks on the contents of records containing documents of historical or genealogical significance. Over three thousand records containing Remarks are presented in the Court Records Digest. Search for Digest entries using the Digest Index, which contains all words in all Digest entries with the exception of common words (the, and, etc.), common abbreviations (dec'd, exor, etc.), and abbreviations for which complete words also exist in the same record (Comlth for Commonwealth, Wm. for William, etc.). The index does not contain initials or non-alphabetic characters. All words have been entered in the database spelled as they were found in the original documents (typos excepted). Consequently, several variations of a word may appear in the same word table. The lack of punctuation in early documents also produces variations on a single word ("Taliaferros" may have been used for "Taliaferro's" or for "Taliaferros", denoting several people named "Taliaferro"). In the instance of the use of "Slave" and "Slaves", the plural form was intentionally used to indicate records containing references to more than one slave. --------------------------------------------------------------------------- Court Papers Court papers in the Circuit Court for the City of Fredericksburg are from the following courts: Hustings / Corporation Court for the Town / City of Fredericksburg (1782-1941) District Court for the Spotsylvania District (1789-1808) Superior Court of Law for Spotsylvania County (1808-1831) Superior Court of Chancery for the Spotsylvania District (1814-1831) Circuit Superior Court of Law and Chancery for Spotsylvania County (1831-1851) Circuit Court for Spotsylvania County (1852-1889) Circuit Court for the City of Fredericksburg (1889-current) --------------------------------------------------------------------------- Courts in the Commonwealth of Virginia Hustings / Corporation Court The Hustings Court, also known as the Corporation Court in jurisdictions incorporated as independent cities, was the town/city equivalent of the County Court. It was presided over by Justices under the Mayor of the town/city and heard civil and criminal matters. Civil actions on appeal and criminal matters resulting in conviction were sent to the next higher court (Hustings Court to District Court / Superior Court and Corporation Court to Circuit Court) for further action. District Court District Courts, created in order to relieve the General Court of the congestion of common law cases, were established in eighteen Virginia localities and the district of Kentucky in 1789. Each district was comprised of several counties and court was held twice a year in each district. General Court judges presided over the District Courts. The court for the District of Spotsylvania included Spotsylvania, Caroline, King George, Stafford, Orange, Culpeper and Counties. District Courts were abolished in 1808, being replaced by Superior Courts of Law. Citation : THE VIRGINIA STATE COURT SYSTEM, 1776- by Thomas Jefferson Headlee, Jr. Virginia State Library 1969 Notes: Madison County was also part of the District for Spotsylvania as evidenced by the court records. The records for the Spotsylvania District Court are located in Fredericksburg because the District Court sat in the Fredericksburg courthouse, not in the Spotsylvania County courthouse. Consequently, this Court is often referred to as the Fredericksburg District Court. Among the records in Fredericksburg are a number of cases which were instituted in the General Court and moved later to the newly created District Court. Superior Court of Law Superior Courts of Law were created in 1808, superceding the District Courts and maintaining the same district structure for criminal and civil cases. The courts, established in each county, met twice a year, presided over by a General Court judge riding a circuit from county to county. Consequently, these courts are often referred to as "Circuit Courts", "Circuit Courts of Law" or "Circuit Superior Courts". Citation : THE VIRGINIA STATE COURT SYSTEM, 1776- by Thomas Jefferson Headlee, Jr. Virginia State Library 1969 Note: The records for Spotsylvania Superior Court of Law are located in Fredericksburg because the court sat in the Fredericksburg courthouse, not in the Spotsylvania County courthouse. Consequently, this Court is often referred to as the Fredericksburg Superior Court of Law. Superior Court of Chancery Superior Courts of Chancery were created in 1802 in order to expedite the hearing of chancery cases, which had previously been heard in the High Court of Chancery. Superior Courts were established in three districts and are sometimes referred to as "District Courts of Chancery". The number of Superior Court districts was increased to six in 1812, to eight in 1813/1814 and to nine late in 1814. The Spotsylvania District for the Superior Court of Chancery, established in 1814, included Caroline, Culpeper, Fauquier, Fairfax, Lancaster, Northumberland, Madison, King George, Orange, Prince William, Richmond, Spotsylvania, Stafford, Essex and Westmoreland Counties and the Town of Fredericksburg. Citation : THE VIRGINIA STATE COURT SYSTEM, 1776- by Thomas Jefferson Headlee, Jr. Virginia State Library 1969 Note: The records for Spotsylvania Superior Court of Law are located in Fredericksburg because the court sat in the Fredericksburg courthouse, not in the Spotsylvania County courthouse. Consequently, this Court is often referred to as the Fredericksburg Superior Court of Chancery. Circuit Superior Court of Law and Chancery Circuit Superior Courts of Law and Chancery were created in 1831, superceding the Superior Courts of Law and the Superior Courts of Chancery. The courts, held in each county twice a year and presided over by a General Court judge riding a circuit from county to county, were abolished in 1852 when the Virginia Constitution of 1851 became effective. Citation : THE VIRGINIA STATE COURT SYSTEM, 1776- by Thomas Jefferson Headlee, Jr. Virginia State Library 1969 Note: The records for Spotsylvania Superior Court of Law and Chancery are located in Fredericksburg because the court sat in the Fredericksburg courthouse, not in the Spotsylvania County courthouse. Consequently, this Court is often referred to as the Fredericksburg Superior Court of Law and Chancery. The Court Order Book for the period shows the last reference to Law and Chancery appearing in the May 1850 court term. Circuit Court Circuit Courts, established in 1852, were held twice a year in each county and were presided over by a judge riding a circuit from county to county. Citation : THE VIRGINIA STATE COURT SYSTEM, 1776- by Thomas Jefferson Headlee, Jr. Virginia State Library 1969 Notes: The records for Spotsylvania Circuit Court through 1889 are located in Fredericksburg because the court sat in the Fredericksburg courthouse, not in the Spotsylvania County courthouse, until Fredericksburg was incorporated as an independent city at which time this court was convened at the Spotsylvania County courthouse and the Fredericksburg Circuit Court was established in the City of Fredericksburg. The Court Order Book for the period shows the first reference to Circuit Court appearing in 16 August 1850 proceedings. --------------------------------------------------------------------------- Court Records Digest Common Abbreviations Some abbreviations frequently found in Court Records Digest extracts are : @ --> original document /s/ --> signature admr / admor / adm --> Administrator admrx / admorx / admx --> Administratrix ads --> adverse assee --> assignee dec'd --> deceased DT / Deed T --> Deed of Trust endee --> endorsee exor / exr / extr --> Executor exorx / exrx / extrx --> Executrix FN --> Free Negro gdn --> guardian GO --> Guardian of -mr- --> marriage referenced OOP --> Overseers of the Poor pd --> attorney for the defendant pq --> attorney for the prosecution Tr --> Trustee vs --> versus --------------------------------------------------------------------------- --------------------------------------------------------------------------- --------------------------------------------------------------------------- RECORDS CONSERVATION PROJECT The Records Conservation Project, or RCP, a volunteer project under the auspices of Historic Fredericksburg Foundation, Incorporated, was started in 1990 for the purpose of identifying historic court documents which may be candidates for conservation due to their scholarly, historic or intrinsic value and raising funds for conservation of candidate documents. To that end, a database was created to provide an inventory of court paper records and a record of the identity and location of candidate documents. That database was the basis for the CPICS database currently used at the Circuit Court for the City of Fredericksburg for inventorying, indexing, and cataloging court paper records and from which the Court Records Digest was produced. CPICS (Court Papers Indexing and Cataloging System) also serves as a finding aid to court papers. The mission of the RCP has since expanded to one of assisting Circuit Court Clerks in court records preservation. The RCP, operating out of Fredericksburg, Virginia, is currently providing assistance in the Virginia Circuit Courts of Fredericksburg, Spotsylvania and Stafford. Assistance is provided in the form of : * recruiting, training and coordinating volunteers * processing court papers for archival storage * data entry * repairing court records * providing recommendations for records storage, access and maintenance * donating archival materials * raising funds for records preservation * coordinating preservation efforts * recommending preservation alternatives * recommending preservation priorities * seeking and obtaining preservation grants * educating the public in appropriate record handling procedures Records preservation, even with thousands of volunteer hours, is expensive and there is much work yet to be done. If you would like to make a lasting contribution to history please consider making a tax-deductible donation to the Records Conservation Project. Donations should be sent to : HFFI-RCP P.O. Box 8327 Fredericksburg, VA 22404 Sponsorship of memorial projects, such as preservation of a specific record book, may be arranged. Please contact the Director of the RCP at bmcghee@interserf.net to make sponsorship arrangements. Records Conservation Project Barry L. McGhee Director bmcghee@interserf.net --------------------------------------------------------------------------- --------------------------------------------------------------------------- --------------------------------------------------------------------------- DISTRICT COURT RECORDS 1795 --------------------------------------------------------------------------- STYLE : Burnley vs Lambert PLAINTIFF(s) : Zachariah Burnley DEFENDANT(s) : Charles Lambert (exor.); Richard Banks (exor.); Lancey Jones (exor.); Benjamin Toler (exor.); John Jones (dec'd) PLACES MENTIONED : Culpeper (?) REMARK(s) : Slaves - Amy, Lucy, Tom & Milly, property of Zachariah Burnley CITATION : Burnley vs Lambert / 1795 / CR-DC-J / 389-27 --------------------------------------------------------------------------- STYLE : Allan vs Burnley PLAINTIFF(s) : John Allen DEFENDANT(s) : Zachariah Burnley DEPONENT(s) : Charles Smith Jr. PLACES MENTIONED : KY (Bourbon); Albemarle; James City; Orange REMARK(s) : Monroe pq CITATION : Allan vs Burnley / 1795 / CR-DC-L / 389-3 --------------------------------------------------------------------------- STYLE : Mathenson vs Dykes PLAINTIFF(s) : John Matheson DEFENDANT(s) : James Dykes DEPONENT(s) : Roger Coltart PLACES MENTIONED : Spotsylvania REMARK(s) : ARW - sale of Military Certificates Gray & Dykes, purchasers of 'public paper' CITATION : Mathenson vs Dykes / 1795 / CR-DC-L / 389-86 --------------------------------------------------------------------------- STYLE : Peyton vs Brent PLAINTIFF(s) : Thomas Peyton DEFENDANT(s) : George Brent DEPONENT(s) : William Adie (62); John Mason (70); John Remy (76); Elizabeth Cooper (74); Joseph Cooper (78) PLACES MENTIONED : Stafford; Fauquier REMARK(s) : Plats - Henry Peyton deeds - James Butler 1691/2 & Thos. Homes 1685 Plats - Hugh Gwin's patent; Francis Hamersley's 1694 patent Plats - Isaac Allerton's 1694 patent; Joseph Whitson's 1694 patent Plats - Valentine Peyton's 1654 patent; Richard Codford's 1655 patent Plats - two sales by Henry Peyton to George Brent - 1680 & 1682 CITATION : Peyton vs Brent / 1795 / CR-DC-L / 389-12 --------------------------------------------------------------------------- STYLE : Spencer vs Victor PLAINTIFF(s) : Jane Spencer DEFENDANT(s) : John Victor PLACES MENTIONED : Spotsylvania REMARK(s) : ARW - sale of Military Certificates CITATION : Spencer vs Victor / 1795 / CR-DC-L / 389-7 --------------------------------------------------------------------------- STYLE : Strothers ads Thompson's Exr. PLAINTIFF(s) : William Strother; French Strother DEFENDANT(s) : Francis Thornton (exor.); Reverend John Thompson (dec'd) PLACES MENTIONED : Culpeper REMARK(s) : Death ref. - abated Apr. 1795 by plaintiffs death Religion - Reverend John Thompson dec'd CITATION : Strothers ads Thompson's Exr. / 1795? / CR-DC-L / 389-9 --------------------------------------------------------------------------- STYLE : Turners Executor vs Davenport PLAINTIFF(s) : William Augustine Washington (exor.); John Fauntleroy (exor.); Thomas Turner (dec'd) DEFENDANT(s) : Burket Davenport (surviving obligee of Burket Davenport & William Robinson dec'd) PLACES MENTIONED : Culpeper REMARK(s) : Death ref. - Mr. Turner 'died in 86' Guardianship - Thomas Hodge GO Thomas Turner CITATION : Turners Executor vs Davenport / 1795 / CR-DC-L / 389-14 --------------------------------------------------------------------------- STYLE : Walden &c vs Kenner &c PLAINTIFF(s) : George Walden; Edmund Pendleton (the elder); John Walden (the elder); John Pendleton (the younger) DEFENDANT(s) : Rodham Kenner; Paul Hilman; Paul Woolfolk; Sarah Woolfolk; James Doswell; Jane Doswell; William Truehart; Elizabeth Truehart PLACES MENTIONED : Caroline; Hanover REMARK(s) : Deed - Paul:Sarah Woolfolk to Thomas Burk - Caroline - 1793 Deed ref. - James:Jane Doswell to Thomas Burk - Caroline - 1793 Estate land of Paul Thilman Sr. (dec'd) Mill - John Gayle's mill on Bottle Swamp Mill - Rodham Kenner's mill on Bottle Swamp CITATION : Walden &c vs Kenner &c / 1795 / CR-DC-L / 389-2 --------------------------------------------------------------------------- STYLE : Walker vs Thompson's exor PLAINTIFF(s) : Thomas Walker DEFENDANT(s) : Francis Thornton (exor.); John Thompson (dec'd) PLACES MENTIONED : Spotsylvania; UK (Bristol) REMARK(s) : Death ref. - abated Apr. 1795 by death of parties Religion - the Reverend John Thompson dec'd CITATION : Walker vs Thompson's exor / 1795 / CR-DC-L / 389-15 --------------------------------------------------------------------------- STYLE : Walker vs Thompsons exor PLAINTIFF(s) : Thomas Walker DEFENDANT(s) : Francis Thornton (exor.); John Thompson (dec'd) PLACES MENTIONED : Spotsylvania REMARK(s) : Death ref. - abated Apr. 1795 by death of parties Religion - Reverend John Thompson dec'd CITATION : Walker vs Thompsons exor / 1795 / CR-DC-L / 389-16 --------------------------------------------------------------------------- STYLE : Wiatt vs Julian PLAINTIFF(s) : William Wiatt DEFENDANT(s) : Margaret Julian PLACES MENTIONED : Spotsylvania; Fredericksburg REMARK(s) : Shipping - William Wiatt, Deputy Port Master in Fredericksburg CITATION : Wiatt vs Julian / 1795 / CR-DC-L / 389-100 --------------------------------------------------------------------------- STYLE : Yarbrough exr vs Yarbrough PLAINTIFF(s) : Richard Yarbrough (exor.); William Yarbrough (dec'd) DEFENDANT(s) : Oswald Yarbrough PLACES MENTIONED : Spotsylvania REMARK(s) : Slave - Stephen, property of William Yarbrough estate CITATION : Yarbrough exr vs Yarbrough / 1795 / CR-DC-L / 389-22 --------------------------------------------------------------------------- STYLE : Commonwealth vs James Blake PLAINTIFF(s) : Commonwealth DEFENDANT(s) : James Blake DEPONENT(s) : William Lewis Richards Jr.; William Adams PLACES MENTIONED : Culpeper REMARK(s) : Death - Daniel Branham Jr. killed 6 Feb 1795 CITATION : Commonwealth vs James Blake / 1795 / CR-DC-R / 389-18 --------------------------------------------------------------------------- Court Record Codes CR = Court Record DC = District Court J = Judgment L = Law action M = Miscellaneous O = Office Judgment Q = Arbitration R = Criminal action V = Appeal X = Notice --------------------------------------------------------------------------- Digest Notations @ following a document reference indicates an original document FN = Free Negro GO = Guardian of -mr- = Marriage reference OOP = Overseers of the Poor pd = attorney for the defense pq = attorney for the prosecution (number) following a name is the age of the person named --------------------------------------------------------------------------- --------------------------------------------------------------------------- --------------------------------------------------------------------------- USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be freely used by non-commercial entities, as long as this message remains on all copied material. 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