ISLE OF WIGHT COUNTY, VA - COURT - William MOUNTFORT [MOUNTFORTT] vs. infants of John ELEY Mar - Aug 1811 Chancery Suit ----¤¤¤---- [Document #1 - Bill of Complaint; double sheet of paper, folded to form four-page booklet; then folded down its length, then twice across, forming three panels] [p. 1] To the Hble the Court of Isle of Wight County in Chancery Sitting Humbly complaining shews unto your Hon [-"ours"; edge folded] your orator William MOUNTFORT that some time on or about the 12.th day of May AD one thousand eight hundred & seven he borrowed of a certain John ELEY late of the said County the sum of Fifty seven pounds fourteen shillings & six pence to be returned with lawful interest thereon in the following perportions & at the following periods to wit: Forty four pounds four shillings & six pence on the twenty fifth day of December one thousand eight hundred & seven & thirteen pounds ten Shillings on the twenty fifth day of December one thousand eight hundred & Eight. That in order to indemnify & secure to the said ELEY the repayment of the aforesaid Sum of money with interest at the Several periods stipulated & agreed on, your complaintant executed to the said ELEY an absolute conveyance in fee simple for a certain tract or parcel of Land situate lying & being in the County aforesaid containing by estimation one hundred & twelve Acres more or less, it being the land left to this Compl.t by his father. That at the time the said ELEY received the said conveyance he executed his bond in the penalty of Fifty seven pounds fourteen shillings & six pence, to your orator conditioned to reconvey to him the said tract or parcel of [sic] on the aforesaid Sum of money with interest being paid _ Your Compl.t here Annexes the S.d bond bearing date the 12.th day of May 1807. & prays that it may be taken as a part of this bill. _ Your Compl.t represents that the said John ELEY ["having" inserted] a demand for money applied to your orator for payment _ That being unable himself to raise the money he applied to a certain Zachariah MCCLENNEY [written "M.c Clenney"] ["to lend" inserted] it to him who agreed to do so on being secured by a lein on the land which your Compl.t at once agreed to give. [page end] [p. 2] That on the 24. of Dec.r 1807. the said Zachariah MCCLENNY advanced the whole sum borrowed by your orator of the said John ELEY, to wit: Fifty seven pounds fourteen Shillings & six pence, which was then paid to the said John ELEY as will appear from his receipt bearing date the 24. Dec.r 1807. the S.d receipt is here annexed & prayed to be taken as a part of this bill. Your Compl.t here begs leave to remark that the phraseology of the receipt as well as the bond of ELEY prove that the conveyance was intended as a security for the repayment of the money & int. & the receipt more over proves that according to the understood & true meaning of the parties the Land was redeemed on the 24. of Dec.r 1807. For on that day, the day preceeding the one on which the first payment was to be made your orator discharged the whole debt principal & interest. That at the time the s.d money was advanced by the said Zachariah MCCLENNEY he took an assignment of the bond from ELEY as will appear from the S.d bond hereto annexed._ That the said bond was to be held by the said MCCLENNEY untill your Compl.t should repay him the money with lawful interest. That your compl.t not having it in his power to raise the money on the day fixed on to wit on the [blank] day of [blank] AD 180[blank], the said MCCLENNEY refused to restore the s.d bond & contended that ELEY was bound to convey the title to him._ That your orator repeatedly tendered the am.t principal & int. to the said MCLENNEY which he uniformly refused during the lifetime of the said Jn.o ELEY to receive. Your Compl:t States that ELEY was at all times [page break] [p. 3] after the 24. of Dec.r 1807. willing to reconvey the Land to this Compl.t on obtaining his bond _ But your Compl.t could not during the lifetime of the said John ELEY obtain from the said MCCLENNEY the said bond. Your orator was at all times willing to have released the s.d ELEY from all liability in his bond on receiving a reconveyance of the Land. Your orator here refers to the assignments on the back of the bond & the receipt hereto annexed & above referred to. But now So it is may it please your Honours that it is impracticable for your orator to obtain a reconveyance of the said Land except by the aid of this Hble Court. To the End therefore he prays that your Honours will lend your aid & that, Mills, Merit M. Zebulon, Hartwell & Willis ELEY infant ~ ~ ~ ~ ~ ~ ~ ~ ["the" struck through] children & devisees of the s.d John ELEY be made parties defendants to this bill _ That as they are infants of tender years & under the age of Twenty one years some fit & able person be appointed to defend them. That the S.d Deft.s be compelled to answer the Several allegations herein Contained & as fully & particularly as if the Same were here again repeated & they thereto particularly interrogated._ That your Honours will decree that the S.d Land be reconveyed to your orator & that you will grant to him such other & further relief in the premises as may be deemed meete & consistent with the the [sic] principles of Equity May it please your Honours to grant to him the Cwlths writ of Subp.a Commanding &.c May it please &.c &.c JOHNSON att.o for Compl.t [page end] [p. 4; endorsements on central panel of lower half of page] W.m MOUNTFORT vs : } Bill ELEY & al _ Exhibits enclosed JOHNSON = March 1811 Bill filed = Aug.t 1811 Ans.r file.d & heard decreed & Ordered that the deft. God.w COUNCIL who is made a party for his [illegible] make conveyance of the land in the bill ment.d ~ &.c = [near bottom of panel] Isle of Wight [document end] [Document #2 - Bond; full sheet of paper, folded in half down its length, then twice across, then once again down, into 16 panels] Know all men by these presents that I John ELEY of the County of Isle of Wight am held and firmly bound unto William MOUNTFORTT of Said County in the Just and full sum fifty seven pounds fourteen shillings & 6.d lawful money of this Commonwealth to which Payment well and truly to be made I bind myself my heirs & Executors Adm.rs &c. As witness my hand this twelf day of may one thousand eight hundred and seven~ The Condition of the above obligation is such that where as the said William MOUNTFORTT has given the S.d John ELEY a deed for a Certain tract or parcel of land left him by his fathers will for the Sum of fifty Seven pounds fourteen shillings & 6.d lawful money of Virginia, which Said sum is to be paid unto the said John ELEY at the following periods, fourty four pounds four shillings & 6.d on the twenty fifth day of december next & thirteen pounds ten shillings on the twenty fifth day of decem.r Eighteen hundred & Eight, now if the said John ELEY do and Shall make the said william MOUNTFORTT the same wright to the afore said land as he has Received by the afore mentioned deed by the said william MOUNTFORTT paying the S.d John ELEY the above mention.d sum of fifty seven pounds fourteen shillings & 6.d in the following manner above mention.d then in that Case the above Obligation is Void other wise shall Remain in full force power &c - Witness John ELEY ¤Seal¤ Arthur FOWLER John M. ELEY [page end] [reverse] [cyphering, lower left-hand corner] 64..6_6 15..0_0 [endorsements, on upper right quadrant of page] December 24.th 1807 I assign the within Contents to Cap.t Zacheriah MCCLENNY [written "Mc. Clenny"] - [witness] William MOUNTFORTT Jesse WHITEHEAD october one thousand Eight hundred & nine I Re.Insign the within Contents to William MOUNTFORTT Zachariah MCCLENY [witnesses] [written "McCleny"] Charlotte MCLENNEY [written "M clenney"] William MCLENNEY [written "McLenney"] [page end] [Document #3 - Receipt; small strip of paper, folded in half across its width, then twice across, into four panels] [obverse] December 24.th 1807 Rec.d of Cap.t Zachariah M. CLENNY [written "M. Clenny"] The sum of fifty seven pounds fourteen shilling & six pence in full of a sum William MOUNTFORTT was to pay me in Redemtion for a Certain tract of land P.r me - John ELEY [witness] Jesse WHITEHEAD [page end] [reverse] october the 20.th one 1809 ["0" written over '2'] I assigne the within Receipt to William MONTFORTH Zachariah MCCLENNY [written "Mc Clenny"] [witnesses, below fold] Cha [wiped] Charlotte MCLENNEY [written "M cLenney"] William MCLENNEY [written "MCLenney"] [page end] [Document #4 - Summons; half sheet of paper, folded twice across its width, into four unequal panels] [obverse] The Commonwealth of Virginia to the Sheriff of Isle of wight County Greeting; you are hereby commanded to Summon Zachariah MCCLENNY [written "M.c Clenny"] and John ELEY ~ ~ ~ ~ ~ ~ to appear before the Justices of our county court at the Courthouse of Said County on the first monday in November next then and there to answer a bill in chancery against them exhibited by William MOUNTFORD ~ ~ ~ ~ ~ ~ ~ And this they shall in no wise omit under the penalty of £100 each and have then there this writ. Witness Nathaniel YOUNG Clerk of our Said Court at the Courthouse, the 14.th day of October 1809 in the 34:th year of the commonwealth ~ Nath.l YOUNG [page end] [reverse] [Panel #1 - Sheriff's return; written perpendicular to endorsements] Executed on MCCLENNY [written "M.c Clenny"] & John ELEY dec.d Henry W. WILLS Shff [panel end] [Panel #2 - endorsements] MOUNTFORD } Subpoena vs : } in } Chancery MCCLENNY &c [written "M.c Clenny"] JOHNSON for} Complts. } = Nov.r 1809 Rule for bill = Aug.t 1810 als. Sp.a = [document end] [Document #5 - Summons; half sheet of paper, folded twice across its width, into four unequal panels] [obverse] The Commonwealth of Virginia to the Sheriff of Isle of wight County Greeting you are hereby commanded to Summon Zachariah MCLENNY [written "M.Clenny"] & Mills ELEY, Merit M. ELEY, Zebulon ELEY Hartwell ELEY and Willis ELEY infant children of John ELEY decd: ~ to appear before the Justices of our county court at the Courthouse of Said County on the first monday in August next then and there to answer a bill in chancery against them Exhibited by William MOUNTFORD ~ ~ ~ ~ and this they Shall in no wise omit under the penalty of £100 each, and have then there this writ. Witness Nathaniel YOUNG Clerk of our Said Court at the Courthouse the 5.th day of July 1810 in the 35.st year of the Commonwealth ~ Nath.l YOUNG [page end] [reverse] [Panel #1 - Sheriff's return; written perpendicular to endorsements] ["Executed" struck through] Service acknowledged. H.W. WILLS shff [panel end] [Panel #2 - endorsements] MOUNTFORD } vs : } Als: Spa. in Ch.y ~ } MCCLENNY & Al. [written "M.c Clenny"] = JOHNSON for} Complts. } = [panel end] [Panel #4 - Clerk's note, written perpendicular to endorsements and inverted with respect to Sheriff's return] Note The shff will executed this subpoena on Mills, Merit M. Zebulon, Hartwell and Willis ELEY only N. YOUNG Cl [document end] [Document #6 - Answer of defendants; double-width sheet of paper, cut to half typical length, folded to form four-page booklet, then top edge folded down, then folded twice across into four unequal panels] [p. 1] The answer of Mills ELEY, Merit Moore ELEY, Zebulon ELEY, Hartwell ELEY & willis ELEY ["infants, by Godwin COUNCIL their" struck through, then rewritten below] the children and devisees of John ELEY ["infants, by Godwin COUNCIL their guardian" inserted] to the bill of complaint exhibited against them in the Worshipful court of Isle of Wight by William MOUNTFORT. These Respondents admit, that the conveyance from the Compl.t MOUNTFORT to their father was intended as the evidence of a conditional sale, although it seems to be an absolute conveyance upon the face of it. They admit that the said Jn.o ELEY executed to the said MOUNTFORT a bond in the penalty of fifty seven pounds fourteen shillings and six pence, conditioned to reconvey the said land to the said MOUNTFORT upon receiving back the money he had lent him. Your Respondents are advised that they are bound to pay the penalty on this bond or to reconvey the land agreeably to its condition to the said MOUNTFORT; but [page break] [p. 2] that it is in their power to do either the one or the other, as they choose; and they state, they choose to pay the penalty of the said bond in preference to reconveying the land; which ["they" inserted] are ready & willing to do at any moment. Your Respondents Know nothing upon the subject of their own knowledge and thereupon pray to be hence dismissed with their costs in this behalf expended_ [page end] [p. 3 blank] [p. 4; endorsement] MOUNTFORT } vs } Answer ELEY, p.r g.n} ['per guardian'] [document end] [Document #7 - Note (debt); small sheet of paper, folded twice across, into four panels] [This document is unrelated to the above chancery case, and seems to have been misfiled. Emelius (Emilius) DERING (DERRING) was the plaintiff in two chancery suits against defendant John DERING: 1806-057 & 1808-008. However, the staff of The Library of Virginia determined the document below does not belong to either case.] [reverse; endorsements on third panel] J DERRING Note $67..15 Cap.t to November Court 1809 ~ dam.[?] $20 [page end] [obverse] $67.15 Nine months after date, We promise to pay, or cause to be paid unto William BAILEY adm'or of Lemuel BAILEY dece'd or order, the sum of Sixty Seven dollars & 15 C.ts ---------------for Value received. ~~~~~ Witness our hands, & Seals this 17.th day Dec 1807. Test. John DERING ¤Seal¤ Emelius DERING John GOODSON ¤Seal¤ [document end] Isle of Wight Co., VA, Chancery Court Records, Case 1811-015. The Library of Virginia. abstracted by Matt HARRIS [surname capitalization, line breaks & brackets mine] ___________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by: Matthew W. 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