Isle of Wight County Virginia USGenWeb Archives Court.....Gale v. Lawrence, 1816 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/va/vafiles.htm ************************************************ Isle of Wight County Virginia USGenWeb Archives Court Records Frances GALE, administratrix of Thomas GALE, vs. Mills LAWRENCE, executor of John LAWRENCE 7 Feb 1803 - Apr 1816 Chancery Suit 1816-018 [archival folder {image 1 of 11}] 1816-018 Chancery Causes : Thomas Gale's admr vs John Lawrence's extor Isle of Wight County [docketing {image 2 of 11}] Gales admr_ } vs } Bill Lawrences ex_} __ February 7th. 1803 ["Intert. Degree" struck] ~ __ Bill filed ~ __ May 1803 Bill taken as confd. __ July 1806 Answr. filed &c. __ April 1816 cond. dismss: __ ¯¯ [bill of complaint (1 of 2) {image 4 of 11}] To the worshipfull Court of Isle of Wight in Chancery Sitting humbly complaining Shew unto the Court your Frances Gale Oratrix ^ administratrix of Thomas Gale decd: That your Oratrix has been Call'd on with an execution Sued out of the Common law Sides of this Court, at the instance of ["John" struck] Mills Lawrence Exr_ of John Lawrence decd: late Sherriff of this county, Said to have been obtained for taxes Charged as due and unpaid to the Said Lawrence while Sherriff, about the years 1782 & 1783 Your oratrix is perfectly at a loss to know how the Judgement was obtained against her Since She is positive no original or mesne process was ever Served n her by which She was Call'd to answer to any suit of the Said Lawrence. ___ Your Oratrix, had She known of the existence of Such Suit could have disproved the Charges; being provided with compleat & Conclusive evidence of the payments to the full amount of all taxes Which were ever due by her intestate to the Said Lawrence while Sherriff. In tender Consideration Whereof, and for as much as your oratrix is now without remedy only in a Court of equity, and to the end that justice may be done to her intestates estate, She prays your Worships that, the Said John Lawrence Exr_ &c_ be made a defendant to this bill of Complaint [page break] [bill of complaint (2 of 2) {image 3 of 11}] and may on oath full, true and perfect answer. to make to all and Singular the allegations herein Contain;d. and that he the Said John Lawrence and all others Concern;d may be injoined from further proceeding, at law intill the parties are fully & fairly heard in equity. She prays your worships to make ["any other"] the injunction perpetual, and make any other order or decree in the premises as may accord with Justice &c_ May it please &c_ Barlow for Complaint. __________ Nansemond ["Isle of Wight" struck] County. Feby_ 1803 This day Frances Gale admx_ of Thomas Gale decd_ made oath before me _ a Justice of the peace ["for the Said County" struck] to the truth of the above bill. Given under my hand the day above written. _ Francis Jones _ [certification & docketing of answer {image 5 of 11}] [certification] The within answer was sworn to before me by Mills Lawrence _ June the 27th. 1806 - Mills Darden _________ [docketing] Gale - - } vs } Answer. Lawrence } [answer {image 6 of 11}] The answer of Mills Lawrence executor of John Lawrence to the bill of complaint exhibited against him in Isle of Wight court, by Frances Gale adm'x of Thomas Gale _ This Respondent saving to himself all and right of exception to the various errors contained in the said bill, for answer thereto or to so much thereof as he is advised is material for him to answer, Says, That as the proper officer returned the process duly executed on the complt. and as the court upon that return, entered a judgement in his favor, he considers it too late for her now to pretend that she was never served with the writ. It is true that men sometimes indulge too freely in the use of ardent spirits to remember every thing which hap_ -pens to them, but your Respondent will not be so ingallant as to ascribe the forgetfulness of the complt. to such a cause. He is authorised however by the laws of the land, to believe that the process was executed on her, although the fact has escaped her recollection. Your Respondent does not believe that the taxes for the mount of which he obtained the judgement, were ever paid, as is stated by the complt. and he therefore insists upon her proving the truth of her allegation in this respect. He lastly prays to be hence dismissed with his costs in this behalf expended. [docketing {image 7 of 11}] [to] be filed in [Ga]le . vs Lawrence old Injunction [account {image 8 of 11}] Cornal John Lawrence Decs_ To Thomas Gale Dr. [Debit] 1780 {To making pare .Carte Wheels __ £1- 0- 0 { 1782 {To haling [fou]r Barrels Tar from Lawrnce's To { Book wil[...]s Landing 1- 0- 0 1784 {To Cash paid __________________ .0-15- 3 __________ £2-15- 3 [statement {image 9 of 11}] in Aprill 1784 the 17 day I paid Colo. Jno. Lawrence Shf. the sum of four pounds. 2/ shilings for Thos. Gale ~ which I will make oath when requird. - Septemr._ 23rd- 1811- Willliam Darden senr. ____________ [docketing {image 10 of 11}] Gales admr.} Judgem. - to } bond: - Lawrence } [bond {image 11 of 11}] Know all Men by these Presents that we Frances Gale Administratrix of Thomas Gale and Robert Jordan jr. ~ are held & firmly bound unto Mills Lawrence Executor of John Lawrence dec'd: in the sum of current money to which payment well & truly to be made we bind our selves our heirs Executors &c. Jointly & Severally firmly by these Presents Sealed with our Seals & dated this day of 1803 ~ The Condition of this obligation is such that Whereas the said Lawrence has obtained a Judgement at common Law against the said Gale, in the County Court of Isle of Wight for & cost & the said Gale hath obtained an In- -junction to stay an Execution of said Judgement untill the hearing the matter in equity upon a bill for that Purpose filed _ If therefore the said Gale shall Satisfy & pay the said Judgement at common Law & all cost & damages that shall be awarded to the said Lawrence in case the said Judgement shall be disolved, then the above obligation to be void, else remain in full force - her Frances X Gale ¤Seal¤ Signed & Sealed } mark In Presence of } N. Young Robt. Jordan ¤Seal¤ [case end] Isle of Wight Co., VA, Chancery Court Records, Case 1816-018. Library of Virginia (LVA), Richmond, VA Virginia Memory (digital collections) https://www.lva.virginia.gov/chancery/case_detail.asp?CFN=093-1816-018 Additional information: Fanny GALE sued her mother Frances GALE, administratrix of Thomas GALE [III], and her siblings - Alexander, Thomas, Sally & Joseph - in 1801. See Chancery case 1802-016; file at: http://files.usgwarchives.net/va/isleofwight/obits/1802_016.txt Contributed for use in the USGenWeb Archives by File Manager Matt Harris (zoobug64@aol.com). file at: http://files.usgwarchives.net/va/isleofwight/obits/1816_018.txt