Northumberland County Virginia USGenWeb Archives Court.....1762-1766 Pages 81-120, Court Order Book 1762 ************************************************ 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: Bernard Schwartz bs_sfs2@msn.com November 5, 2010, 1:56 pm Source: 1762-1766 Court Order Book Written: 1762 For HTML index and pages with easier layout, visit the Northumberland County VAGenweb page at http://genealogenie.net/northumberland/ 12 April 1763 David Loudon......................................... Plt. ag.st In Debt Charles Colston........................................ Def t. The Deft. not appearing. It is orderd that the Conditional Judgement obtained against him at September Court last be Confirmed and it is Considered by the Court that the Plt. recover agst. the sd. Deft. the Debt in the Declaration mentioned amounting to Forty eight pounds Currnt money together with his Costs by him in this behalf expended. And the sd. Deft. in mercy etc. But this Judgment (the costs excepted) is to be Discharged byte payment of Seventeen pounds four Shillings & five pence with Interes on the same at the rate of 5% per annum to be Computed from the 31st day of April 1760 till time of payment. Robert Woddrop......................................... Plt. ag.st In Case Charles Colston........................................ Def t. Dismissed John Williams & James McCall......................................... Plt. ag.st In Case Charles Colston............................................................ Def t. Dismissed Elizabeth Hill....................................................... Plt. ag.st In Debt Kenner Cralle Admx. Of William Payne................ Def t. This day came the parties by their attornies And the sd.deft. Saith that the sd. Wm. Payne in his life time paid the Debt in the Declaration mentioned, & he further saith that he hath Administerd all & singular the goods & chattles of the sd. deced. & of this he prays may be Enquired of by the County and the Plt. in like manner, Whereupon the tryall of the Issue is referr’d till the next Court. John Sydnor Exect. Of Anthony Sydnor deced....... Plt. ag.st Upon a Writ of Scire Faices John Beacham.................................................... Def t. This day came the parties by their attornies And the sd.deft. Saith that he hath paid the Debt in the Writ of Scire Faices mentioned and of this he prays may be Enquired of by the County and the Plt. in like manner, Whereupon the tryall of the Issue is referr’d till the next Court. David Galloway.............................................. Plt. ag.st In Case Robert Short................................................... Def t. This day came the parties by their attornies And the sd. Deft. Saith that he did not assume in manner & form as the Plt. against him hath declared And of this he prays may be Enquired of by the County & the Plt. in like manner Whereupon the tryall of the Issue is referred till the next Court PAGE 81 12 April 1763 Spencer Corbell......................................... Plt. ag.st In Case William Glascock........................................ Def t. This day came the parties by their attornies And the sd. Deft. Saith that he did not assume in manner & form as the Plt. against him hath declared And of this he prays may be Enquired of by the County & the Plt. in like manner Whereupon the tryall of the Issue is referred till the next Court The Honble Presly Thornton Esq: & Anne Conway Execors of George Conway deced........................................................ Plt. ag.st In Case Tras. Tarpley & Chas. Beale Execors of Fras. Colston deced... Def t. By consent of the parties by their attornies, this Suit is Continued till next Court Clement Bailey......................................... Plt. ag.st In Debt William Dameron...................................... Def t. This day came the Pl.t. by his attorney and the Deft. saith that he cannot gainsay the Action of the Plt. Therefore it is Considered by the Court that the Plt. recover against the said Deft. the debt in the declaration mentioned amounting to Five pounds thirteen Shillings & seven pence half penny together with his costs by him in this behalf expended and the sd. Deft. in mercy etc. But the Plt. agrees that the Deft. shall be allowed all Just Discounts. Kenner Cralle......................................... Plt. ag.st In Case William Trussell........................................ Def t. This day came the Plt. by his attorney, as Spencer Thomas & Presly Cockrell who was Security fo the Defts. Appearance, by their attorney, and they say that the deft. did not assume in manner & form as the Plt. against him hath declared And of this they pray may be Enquired of by the County & the Plt. in like manner Whereupon the tryall of the Issue is referred till the next Court William Roane......................................... Plt. ag.st In Case James Lamkin........................................ Def t. The Deft. not appearing. It is orderd that the Conditional Judgement obtained against him & Robert Clarke, Samuel Eskridge, Job Braughton, John Efford, James Foushee & James Craine his Security at November court last be confirmed & that a Writ of Enquiry of damages be Executed next Court. David Galloway....................................... Plt. ag.st In Case Patrick Mealey........................................ Def t. The Deft. not appearing. It is orderd that the Conditional Judgement obtained against him & George Harvey his Security at November court last be confirmed & that a Writ of Enquiry of damages be Executed next Court. Elizabeth Williams Exeor. of Thomas Williams.......... Plt. ag.st In Case Elijah Williams....................................................... Def t. This day came the parties by their attornies And the sd. Deft. Saith that he did not detain in manner & form as the Plt. against him hath declared And of this he prays may be Enquired of by the County & the Plt. in like manner Whereupon the tryall of the Issue is referred till the next Court Spencer Ball, Gent............................................................... Plt. ag.st In Detinue David Boyd & Eliza Smith Exors. Of Thomas Smith deced..... Def t. The Defts. not appearing. It is orderd that the Conditional Judgement obtained against them at January Court last be confirmed & that a Writ of Enquiry of damages be Executed next Court. Charles Haynie......................................... Plt. ag.st In Case John Cralle........................................ Def t. On the Plts. Motion this Suit is Continued till next Court James Lamkin......................................... Plt. ag.st In Case James Craine........................................ Def t. On the Defts. Motion, further time is given him till next Court and then to plead. Edwin Farned......................................... Plt. ag.st In Detinue William Eskridge........................................ Def t. This day came the parties by their attornies And the Plt. filing his Repliction, on the Defts.. Motion time is given him till next Court to Rejoyn. Samuel Garlington......................................... Plt. ag.st In Debt George Dameron........................................ Def t. This day came the parties by their attornies And the sd. Deft. prays further Oyer ofthe Bond in the Declaration mentioned which is granted him & the suit is Continued till next Court. Thomas Lecock......................................... Plt. ag.st In Trespass Assault & Battery Thomas Aitchie........................................ Def t. This day came the parties by their attornies And the sd. Deft. Saith that he is not guilty in manner & form as the Plt. against him hath declared And of this he prays may be Enquired of by the County and the Plt. in like manner Whereupon the tryall of the Issue is referred till the next Court & the Plt. agrees that the deft. may give any special matter in Evidence at the tryall John Tarpley......................................... Plt. ag.st In Case Rodham Neale........................................ Def t. The Deft. not appearing. It is orderd that the Conditional Judgement obtained against him & Thomas Gaskins Gent. Sherriff of this County at last Court be confirmed & that a Writ of Enquiry of damages be Executed next Court. Benjamen Northern Execor of Thomas Lowther deced...... Plt. ag.st In Debt Stephen Chilton.............................................................. Def t. This day came as well the Plt. by his attorney, as Elisha Harcum who was Security for the Defts. Appearance, by his attorney, and the sd. Elisha saith that the deft. hath paid the debt in the Declaration mentioned And of this he prays may be Enquired of by the County & the Plt. in like manner Whereupon the tryall of the Issue is referred till the next Court Elisha Betts Execor of Charles Betts deced........... Plt. ag.st In Debt Henry Christopher and William Mott.................... Def t. The Defts. not appearing. It is orderd that the Conditional Judgement obtained against them & Thomas Gaskins Gent. Sherriff of this County at last Court be confirmed And it is Considered by the Court that the Plts. Recover against the sd. Defts. And the sd. Thomas Gaskins the Debt. in the Declaration mentioned amounting to Five ponds two Shillings Currt. Money together with his Costs by him in this behalf Expended and the sd.Defts. in mercy etc. But this Judgment (the costs excepted) is to be Discharged by the payment of Fifty one Shillings with Interest on the same at the rate of 5% per annum to be Computed from the first day of May 1762 till time of payment. William Trussell................................................. Plt. ag.st In Case Kenner Cralle..................................................... Def t. This day came the parties by their attornies And the sd. Deft. Saith that he did not assume in manner & form as the Plt. against him hath declared And of this he prays may be Enquired of by the County & the Plt. in like manner Whereupon the tryall of the Issue is referred till the next Court David McCullock......................................... Plt. ag.st In Case John Routt.................................................. Def t. The Deft. not appearing. It is orderd that the Conditional Judgement obtained against him & Henry Christopher his security at last Court be confirmed & that a Writ of Enquiry of Damages be Executed at the next Court. David McCullock......................................... Plt. ag.st In Case Judith Fauntleroy........................................ Def t. The Deft. not appearing. It is orderd that the Conditional Judgement obtained against her & Thomas Gaskins Gent. Sherriff of this County at last Court be confirmed & that a Writ of Enquiry of damages be Executed next Court. A deed from David Galloway of the one part to James Craine of the other part, was Acknowledged by the sd. David Galloway and Admitted to Record PAGE 84 12 April 1763 Rodham Kenner Assignee of Richard Hull............ Plt. ag.st In Debt Cuthbert Ellistone & William Lancaster................ Def t. This day came as well the Plt. by his attorney, as John Corbell & William Corbell who was Security for the Defts. Appearance, by his attorney, and they say that the deft. hath paid the debt in the Declaration mentioned And of this he prays may be Enquired of by the County & the Plt. in like manner Whereupon the tryall of the Issue is referred till the next Court Kendall Lee & Edward Kerr admors of George Kerr...... Plt. ag.st Upon a Writ of Scire Faices Daniel Betts................................................................. Def t. This day came the parties by their attornies And the sd.deft. Saith that he hath paid the Debt in the Declaration mentioned and of this he prays may be Enquired of by the County and the Plt. in like manner, Whereupon the tryall of the Issue is referr’d till the next Court. William Bailey........................................ Plt. ag.st In Case Griffin Lewis........................................ Def t. This day came the parties by their attornies And the sd. Deft. Saith that he did not assume in manner & form as the Plt. against him hath declared And of this he prays may be Enquired of by the County & the Plt. in like manner Whereupon the tryall of the Issue is referred till the next Court William Bailey........................................ Plt. ag.st In Case Robert Clarke........................................ Def t. This day came the parties by their attornies And the sd. Deft. Saith that he did not assume in manner & form as the Plt. against him hath declared And of this he prays may be Enquired of by the County & the Plt. in like manner Whereupon the tryall of the Issue is referred till the next Court Richard Hudnall........................................ Plt. ag.st In Debt John Knight ........................................ Def t. This day came the parties by their attornies And the sd.deft. Saith that he hath paid the Debt in the Declaration mentioned and of this he prays may be Enquired of by the County and the Plt. in like manner, Whereupon the tryall of the Issue is referr’d till the next Court. Elisha Betts Execor of Charles Betts deced........... Plt. ag.st In Detinue Roysten Betts........................................ Def t. This day came the parties by their attornies And the sd. Deft. Saith that he did not detain in manner & form as the Plt. against him hath declared And of this he prays may be Enquired of by the County & the Plt. in like manner Whereupon the tryall of the Issue is referred till the next Court PAGE 85 12 April 1763 Messrs. Hunters Campbell & Comp ........ Plts ag.st In Debt Benjamen Wales.......................... Def t. The Defts. not appearing. It is orderd that the Conditional Judgement obtained against him and William Taite his security at last Court be confirmed And it is Considered by the Court that the Plts. Recover against the sd. Deft. And the sd. William Taite the Debt. in the Declaration mentioned amounting to Twelve pounds Sixteen Shillings and four pence together with his Costs by him in this behalf Expended and the sd. Defts. in mercy etc. But this Judgment (the costs excepted) is to be Discharged by the payment of Six pounds Eight Shillings or one hundred & fifty pounds of tobo. with Interest on the same at the rate of 5% per annum to be Computed from the 10th day of October 762 till time of payment. Presly Cockrell & Sarah his Wife..................... Complts. ag.st In Chancery Joseph Ball....................................................... Def t. This day came the parties by their attornies. And the Complts. Filing their Bill on the Defts. Motion time is given him till next Court to answer The Petition of John Davis against Metcalfe Gill having been referred to Newton Keene Gent. who this day returned his award in these words, to wit: “Northumberland ?? Purusant to an order of this County Court appointing me the Subscriber to Examine and Settle the Accts. Subsisting between John Davis and Metaclf Gill upon perusing the same, I find a Balance of Twenty four Shillings and four pence half penny due from the sd. Gill unto the sd. Davis Given under my hand theis 13th day of April 1763 Newton Keene Whereupon it is Considered by the Court that the Plt. recover against the sd. Defts the said Twenty four Shillings & four pence half penny together with his costs. A Deed of Mortgage from James Craine of the one part, to Presly Thornton Esq, William Taite Thomas Jones and John Williams Gent. of the other part was Acknowledged by the sd. James Craine & admitted to record. William Downing Execor of Samuel Nelms deced ....... Plt. ag.st In Debt James Daughity Execor of John Hobson deced............. Def t. The Deft. not appearing. It is orderd that the Conditional Judgement obtained against him at last Court be confirmed And it is Considered by the Court that the Plts. Recover against the sd. Deft. the Debt in the Declr. mentioned amounting to Nine pounds two pence Currt. Money together with his Costs by him in this behalf Expended to be levied of the goods and chattles of the sd. Testator in the hands of the sd. Execors. But this Judgment (the costs excepted) is to be Discharged by the payment of Four pounds Ten Shillings and one penny with Interest on the same at the rate of 5% per annum to be Computed from the 10th day of October 1760 till time of payment. PAGE 86 12 April 1763 Thomas Gaskins........................................ Plt. ag.st In Debt Jane Lattimore........................................ Def t. This day came the parties by their attornies, and on the Deft. motion this Suit is continued till next Court she paying the Costs of this Court, and Arguing that the Suit shall not Abate in Case she should die before the tryall thereof John Tarpley Gent......................................... Plt. ag.st In Case Thomas Blincoe........................................ Def t. This day came the parties by their attornies & thereupon came also a Jury to wit: John Heath, William Thomas, Ellis Harcum, Thomas Williams, James Foushee, Henry Christopher, Joseph Sampson, Jonathan Edwards, John Pope, Bartholomew Ingram, Benjamen Ingram and Willoughby Lewis who being Ellected tryed & sworn the truth to speak upon the issue Joined upon their oath do say that the Def t. did assume in manner & form as the Plt. agst. him hath declared And they do assess the Plt. damage by occasion of the Nonperformance of the said Assumption ot Nine pounds three Shillings and Seven pence besides his Costs Therefore it is Considered by this Court that the Pl.t. recover ag.st. the sd. Def t.his damages aforesd. In form aforesd. Assessed and his Costs by him in this behalf Expended & the said Def t. in Mercy etc. Orderd that John Tarpley pay unto Arjalon Price Four hundred & twenty pounds of Tobo for three days Attendance at this Court & for coming & returning One hundred & fifteen miles once also one Shilling forcariages as a Witness for the sd. Tarpley against Thomas Blincoe. John Tarpley Gent......................................... Plt. ag.st In Case Thomas Smith............................................. Def t. On the Plt. motion,this Suit is Continued till next Court Robert Clarke................................................... Compt. ag.st In Chancery Elizabeth Foster & William Sebree....................... Def t. The Deft. Foster his day put in her answer to the Compts. Bill And on the motion of the sd. Compt. time is given him till next Court to Consider the same & with respect to Sebree this Court is Ccontinued. Report of the Division of the Estate of John Hobson deced was this day returned & orderd to be Recorded. William Lewis orphan of John Lewis deced made Choice of Griffin Fauntleroy for his Guardian who is approved of by the court he the said Griffin Together with William Taite & Thomas Jones his Securities having enterd into and Acknowledged bond for the Estate of the sd. Orphan in the Penalty of One thousand pounds Current money. John Fulks........................................ Plt. ag.st In Case Richard Litrell........................................ Def t. This day came the parties by their attornies & thereupon came also a Jury to wit John Heath, William Thomas, Ellis Harcum, Thomas Williams, James Foushee, Henry Christopher, Joseph Sampson, Jonathan Edwards, John Pope, Bartholomew Ingram, Benjamen Ingram, & Willoughby Lewis who being Ellected tryed & sworn the truth to speak upon the issue Joined upon their oath do say that the Def t. is Guilty in manner & form as the Pl.t. ag.st. Him hath declared and they do assess the Pl.ts. damage by Occasion thereof to forty Shillings currnt money besides his costs, Whereupon the Deft. prayed a new tryall which was rejected. And it is Considered by the Court that the Pl.t. recover ag.st. the sd. Def t. his damages aforesaid in form afsd. assessed & his Costs by him in this behalf Expended & the said Def t. in Mercy etc. Ordered that John Fulks pay unto Leroy Oldham three hundred pounds of tobo. For Fourteen days attendance at this Court as a Witness for the sd. Fulks against Richard Litrell Ordered that Richard Litrell pay unto William Harris Six hundred and seventy pounds of tobo. For Sixteen days attendance at this Court and for coming & returning ten miles nine times as a Witness for the sd. Litrell at the suit of John Fulks. Ordered that Richard Litrell pay unto Benjamen Vanlandingham Six hundred and sixty six pounds of tobo. For eighteen days attendance at this Court and for coming & returning eight miles ten times as a Witness for the sd. Litrell at the suit of John Fulks. Walter Jones orphan of Thomas Jones Gent. decec made Choice of Thomas Jone for his Guardian who is approved of by the court he the sd. Thomas together with William Taite and Walter Jamison Gent. his Securities having enterd into and Acknolwedged bond for the Estate of the said Orphan in the penalty of three thousand pounds Currt. Money Winefred Hayes........................................ Plt. ag.st In Trespass William Tignor........................................ Def t. Dismissed being agreed by the parties The Churchwardens of St. Stephen’s Parish........ Plt. ag.st Information Sarah Collins & David Williams............................ Def t. This day came the parties by their attornies And the sd. Defts. Pray and have leave to imparte till the next Court and then to plead Richard Ball........................................ Plt. ag.st In Trespass Frederick Wildey........................................ Def t. Dismissed, being agreed by the parties Joseph Sampson......................................... Plt. ag.st In Trespass Jesse Clutton.............................................. Def t. This day came the parties by their attornies & thereupon came also a Jury to wit David Lattimore & als. who being Ellected tryed & sworn the truth to speak upon the issue Joined upon their oath do say that the Def t. is Guilty in manner & form as the Pl.t. against Him hath Declared And they do assess the Pl.ts. damage by Occasion thereof to four hundred pounds of tobacco besides his costs, And the said Deft saith that Judgment on the Verdict aforesaid ought to be arrested because saith that the Action is a Joint Action & ought to have been separate Secondly for that the Action is brought by the Owner of the Hog in the Declaration mentioned & the whole Forferture by the Act of Assembly given to the owner & informer is by the sd. Verdict found for the Owner, Wherefore & for divers other Errors and Imperfections in the sd Writ & Declaration appearing the Deft prays that Judgment on the Verdict aforesd. May be Arrested, Whereupon the suit is Continued till next Court for the same to be argued. Ordered that Joseph Sampson pay unto John Pope three hundred and fifty pounds of tobo. For fourteen days attendance at this Court as a Witness for the sd. Sampson against Jesse Clutton Ordered that Joseph Sampson pay unto Elizabeth Hill three hundred and fifty pounds of tobo. For fourteen days attendance at this Court as a Witness for the sd. Sampson against Jesse Clutton Ordered that Joseph Sampson pay unto Frances Hazzard six hundred and sixt six pounds of tobo. For thirteen days attendance at this Court as a Witness for the sd. Sampson against Jesse Clutton Ordered that Joseph Sampson pay unto Johnston Revees six hundred and forty nine pounds of tobo. For thirteen days attendance at this Court and for coming and returning nine miles twelve times as a Witness for the sd. Sampson against Jesse Clutton Ordered that Jesse Clutton pay unto Leah Webb Five hundred pounds of tobo. For twenty days attendance at this Court as a Witness for the sd. Clutton at the suit of Joseph Sampson John Boggess......................................... Plt. ag.st In Case James Larkin........................................ Def t. Dismissed by consent of the parties Joseph Ball agreeing to pay Costs. On the motion of Samuel Eskridge who made oath according to Law Certificate is granted him for Obtaining Letters of Administration ofthe Estate of Thomas Johnstone deced. In due form giving Security Whereupon he together with Robert Clarke his Security enterd into and acknowledged bond for the due Administration of the sd. Estate. Thomas Brown, William Eskridge, Peter Lamkin and Samuel Winstead or any three of them are appointed to appraise on Oath in Current money the Slaves, if any and Personal Estate of Thomas Johnstone deced that shall be presented to their view & return an Inventory thereof to the next Court. PAGE 89 12 April 1763 William Taite......................................... Plt. ag.st In Case Charles Colston........................................ Def t. This day came the parties by their attornies & thereupon came also a Jury to wit John Heath, William Thomas, Ellis Harcum, Thomas Williams, James Foushee, Henry Christopher, Joseph Sampson, Jonathan Edwards, John Pope, Bartholomew Ingram, Willoughby Lewis & Benjamen Ingram, who being Ellected tryed & sworn the truth to speak upon the issue Joined upon their oath do say that the Def t. did assume in manner & form as the Pl.t. ag.st. Him hath declared and they do assess the Pl.t. damages by Occasion of the nonperformance the sd Assumption to Twenty three pounds ten Shillings Currt. money besides his costs, Therefore it is Considered by the Court that the Pl.t. recover ag.st. the sd. Def t. his damages aforesaid in form afsd. assessed & his Costs by him in this behalf Expended & the said Def t. in Mercy etc. Ordered that William Taite pay unto Willoughby Chruchill four hundred & twenty five pounds of tobo. For seventeen days attendance at this Court as a Witness for the sd. Taite against Charles Colston Ordered that William Taite pay unto John Kirkley four hundred & twenty five pounds of tobo. For seventeen days attendance at this Court as a Witness for the sd. Taite against Charles Colston Ordered that Charles Colston pay unto William Bailey three hundred & seventy five pounds of tobo. For fifteen days attendance at this Court as a Witness for the sd. Colston at the suit of William Taite Gent. It is ordered that James Craine be Allowed by this County Four hundred pounds of tobacco to keep the Court house Clean & to Supply the Justices with Water ?? This Year. Ordered the court be Adjourned till the second Monday in May next. John Foushee At a Court Held for Northumberland County the 9th day of May 1763 Present John Foushee Spencer M. Ball William Taite Gent Newton Keene Winder Kenner Fanny a negroe girl belonging to Joseph McAdam was this day Adjudged by the Court to be Thirteen years old. Silvia a Negroe girl belonging to Jospeh McAdam was this day Adjudged by the Court to be Eleven years old. PAGE 90 - 9 MAY 1763 Judith Fauntleroy......................................... Plt. ag.st In Case William Eskridge........................................ Def t. The parties having by order of Court Submitted all matters in Differrence between them in this suit to the final Determination of John Foushee and Newton Keene Gent. & agreed that thie award thereupon should be made the Judgment of this Court the sd. Arbitrators this day returned their award upon the premises in these words to wit. Northumberland Jr. Prusuant to an order of the above said County Court appointing us the Subscribers to settle the Accounts Subsisting between Judith Fauntleroy and Rodham Kenner Cralle deced. And for which a suit is now Depending in the sd. County Court of Northumberland, after having had a just regard to all Evidences and papers to us produced, we are of Opinion that the sd Cralle is Indebted to the sd. Fauntleroy Nine pounds Currt. Money Given under our hands this 9th day of May 1763 John Foushee, Newton Keene Whereupon it is Considerd by the Court that the Plt. recover against the sd Deft the sd Nine pounds Currnt. Money in the award mentioned together with her Costs by her in this behalf Expended to be Levied of the goods & chattles of the said Testator in the hands of the sd. Execor. If so much thereof is to levied of the proper goods & chattles of the sd. Deft. Report of possessing John Dameron with his Wife’s part of her deced fathers Estate was this day returned & orderd to be Recorded. On the Petition of John Cotrell for his part of his father’s Estate in the hands of Stephen Chilton. It is orderd that the sd. Chilton be Summond to appear at the next Court Upon the Complaint of John Tipper against Stephen Swanson, The said Tipper taking the usual oath, It is order’d that the said Swanson give Security for his good behaviour. Whereupon the sd. Stephen Swanson together with David Lattimore & William Angell his Securities came in to Court & acknowledged themselves Severally Indebted unto our Sovereign Lord George the third & the sd. Swanson in the sum of Ten pounds and the sd. David & William in the Sum of five pounds each of their Respective goods and Chattles, Lands and Tenements to be Levied & to our sd. Lord the King his heirs and Successors render’d. Yet upon this Condition that is th sd Stephen Swanson shall well behave himself towards his Majesty & all his Leige people & more Especially towards the sd. John Tipper for the space of one whole year now next ensuing. Then this Recognizance to be Void. Otherwise to remain in full force. PAGE 91 –9 May 1763 Deed of gift from John Webb, James Templeman and Simon White of the one part to Roysten Betts ofhte other part, was Acknowledged by the ssid Webb, Templeman and White and Admitted to record. On a petition of William Angell for a road through the Land of John Tipper; Richard Taylor, Moses Lunsford, Thomas Hurst and Jesse Robinson or any three of them are appointed to View the place where the Petitioner wants the said road. And Report the conveniency and Inconveniency thereof on Oath to the Court An Indenture of Testament from George Garner of the one part to Thomas Williams of the other part, with the Memorandum of the Livery and Seizen and the receipt thereon Indorsed was Acknowledged by the said Garner & Admitted to Record Report of possessing William Nelms with his part of his father’s Estate was this day return’d and order’d to be recorded Joseph Lane.............................................. Plt. ag.st In Debt Thomas Bennett........................................ Def t. This day came the Pl.t. by his attorney and the Deft. saith that he cannot gainsay the Plst. Action. Therefore it is Considered by the Court that the Plt. recover against the said Deft. the debt in the declaration mentioned amounting to Twenty five pounds five Shillings currnt. Money together with his costs by him in this behalf expended and the sd. Deft. in mercy etc. But this Judgment the costs excepted is to be discharged by the payment of ten pounds two Shillings and six pence with Interest on the same at the rate of 5 per cent per annum to be Computed from the first day of August 1762 till the time of payment. On the petition of Juny Blewford (with the consent of James Daughity Execor of John Hobson deced.) Elisha Betts, William Harcum and Elisha Harcum are appointed to settle all accounts between the Estate of the sd. Hobson and George Blewford deced. And make thereof to the Court. Rodham Kenner Gent. is by the Court appointed to take the List of Tithables, a List of theLands and Wheel Carriages in the upper Precinct of St. Stephen’s Parish Spencer Motrom Ball and Winder Kenner Gent are appointed to take the same in the Lower part of the said Parish. George Ball Charles Fallin Gent are appointed to take them in Wicocomoco Parish The Attachment Obtained by David Galloway against the Estate of Henry Lowrie is Continued till the next Court. The Petition of Anne Warrick against Mary Cox is Continued PAGE 92 9 MAY 1763 Report of possessing Anne Haynie with her Third part of the Estate of her Deced Husband William Haynie was this day returned & orderd to be Recorded. Report of possessing Anne Haynie with her Children’s parts of their deced father’s Estate was this day returned & orderd to be Recorded. The motion of Farnefold Nutt against Richard Nutt is Rejected Orderd that John Knight pay unto Joana Sugges One Hundred and twenty five pds. Of tobo. For five days attendance at this Court as a Witness for him at the Suit of Hugh Watson Barbee Davis, Foreman, George Dameron, George Ingram, John Kirk, William Davenport, William Parrott, William Taylor, Onesephorus Harvey, Joseph Hurst, Ellis Harcum, Thomas Cotrell, Joseph Blackwell, Benjamen Waddy, Samuel Winstead Junr. John Butler, Thomas Brown, Edwin Farned, Peter Bean, Moses Lunsford, John Dawson jr. and Lewis Lamkin were Sworn a Grand Jury of Inquest for the body of this County, and having received their Charge went out of court & after some time returned and presented as followeth to wit — For St. Stephens Parish Sarah Betts for having a Bastard Child within Six Months Last Past by Information of Samuel Blackwell, Gent. Frances Maynes for having a Bastard Child within Six Months Last Past by Information of Samuel Blackwell, Gent. Anne Johnstone for having a Bastard Child within Six Months Last Past Griffin Williams for not being at his Parish Church one Month last past James Brown for not being at his Parish Church one Month last past Metcalfe Gill for not being at his Parish Church one Month last past Joseph Braughton for the same; Thomas Hayse for the same Henry Christopher a Common Swearer Thomas Airs for Selling Liquors Contrary to Law Winefred Harcum for having a Bastard Child within Six Months Last Past William Gill and Robert Sibbalds for not being at their Parish Church one Month last past. William Taite Gent. for not being at his Parish Church one Month last past. For Wicocomoco parish George Pitman for selling Liquors Contrary to Law; Samuel Garlington for a Common swearer, Robert Edmunds, & Hugh Watson for not being at their Parish Church one month Last past, Richard Pope, Thomas Williams, James Craine, Henry Hurst and John Pope for Common Sewearers; Spencer Hurst, One Oath Barbee Davis F.M. PAGE 93 9 MAY 1763 Orderd that the Process Issue against the several Persons ths day presented by the Grandjury to Cause them to appear here on the Second Monday in June next to answer the Presentments against them Respecively The Presentment of the Grandjury against William Taite Gent. is dismissed On the Information of the Churchwardens of St. Stephen’s Parish against Liskin Bryant, for having a Bastard Child, It is orderd the Sheriff take her into Custody & Cause her to appear at the next Court to answer the same. The attachment obtained by Francis Garner against the Estate of Lewis Hayden is Dismissed. Richard Hull, Thomas Gaskins and William Blackwell Gent. are by the Court appointed to Examine into the capacity and Ability of all persons who shall Desire to be Admitted as Pilots according to Law. Mary Timberlake, orphan of Francis Timberlake deced made choice of Thomas Lawson for her Guardian who is approved of by the Court he the said Lawson together with Thomas Gaskins and John Hathaway his Securities having enterd into and acknowledged bond for the Estate of the said Orphan in the Penalty of L 300. On the Petition of John Nicholas Smith by William Roane his attorney for his Servant to be allowed for Attending this Court in the suit between Joseph Samson Plt and Jesse Clutton Deft. It is orderd that the sd. Jesse Clutton pay unto James Davis Fourteen hundred and Eighty two pounds of tobo. For Twenty eight days Attend. at this Court & for coming & returning Sixteen Miles Six times and Fifteen Miles Eleven times as a Witness for the said Clutton at the suit of the sd. Joseph Samson The Presentment of the Grandjury against Henry Hurst is Dismissed he having paid his William Allgood having Obtained an attachment against the Estate of Charles Colston who is said to be absconded that common process Cannot be Served upon him and the Sherriff having made return that he hath attached all the Effects of the said Colson in the hands of James Craine & Summond him to appear as a Garnishee. And the sd. Craine now appearing declared that he was indebted to the sd. Colston five shillings & that he also had in his hands of the sd. Colston a Bagamon table, box & set of dice, Whereupon the sd. Algood, proving his demand to be just for Sixteen pounds five Shillings and three pence Currnt. Money Judgement is therefore granted him for the same against the said Colston together with his Costs by him in this behalf Expendd, And It is orderd that the said Craine pay to the sd. Allgood the five shillings in his hands & that the Sheriff make Sale of the Effects aforesd. In the hands of the sd Craine according to Law & pay the Produce thereof to the said Allgood towards Discharging this Judgment. Returning an Account of such sale to the Court. PAGE 94 ----- 9 MAY 1763 The Attachment of Samuel Eskridge against the Estate of William Glascock Junr. Is Dismissed as to William McKay one of the Garnishees and Continued for William Eskridge on other of the Garnishees till the next Court Samuel Steele having obtained an Attachment against the Estate of Saml. Hammond who is said to be absconded that common process Cannot be Served upon him for Thirty Shillings currnt. money And the Sherriff having made return that he had attached all the Effects of the said Hammond in the hands of Sundry Persons & Summond them to appear as Garnishees. And several of them now appearing declared on Oath as follows to wit: John Foushee Gent that he was indebted tothe sd Hammond five Shillings; Henry Boggess Five Shillings; Giles Boggess Two Shillings and Six pence, William Jones Gent. Twenty Shillings, Charles Haynie Twelve Shillings and Six pence, Mary Crosfield five Shillings and one penny; Jessee Garner five Shillings & nine pence; Whereupon the sd Steele proving his demand to be just. Judgement is therefore granted him against the said Hammond for the sd. thirty Shillings Currnt. money together with his Costs by him in this behalf Expended, And It is orderd that the several Garnishees aforementioned pay to the sd. Samuel Steele the respective sums by them declared to be due to the sd. Hammond towards discharging this judgement, And this Attachment with respect to William Humphries is Dismissed.& continued agst. John Cralle, also the other Garnishees not appearing it is ordered that an Attachment Issue against them returnable to the next Court. George Bearcroft having obtained an Attachment against the Estate of Saml. Hammond who is said to be absconded that common process Cannot be Served upon him for Five hundred and Seventy six pounds of tobo. And the Sherriff having made return that he had attached all the Effects of the said Hammond in the hands of Sundry Persons & Summond them to appear as Garnishees. And Daniel Neale one of the garnishees appearing declared that he was indebted to the sd Hammond five shillings. Whereupon the sd. Bearcroft proving his demand to be just by his own Oath. Judgement is granted him agst. The said Hammond for the sd five hundred & seventy six pounds of Tobo together with his Costs by him in this behalf Expended. And it is orderd that the sd. Danl. Neale pay unto the Plt. the five Shillings in his hands. And the other Garnishees not appearing it is orderd that an Attachment Issue against them retunrable to the next Court. The Attachment obtained by James Brown against the Estate of Bushrod Fauntleroy is Dismissed. The Attachment obtained by John Davis against the Estate of Bushrod Fauntleroy is Dismissed. PAGE 95 - 9 MAY 1763 The Presentment of the Grandjury against Thomas Williams is Dismissed he having paid his fine Judgement upon Petition is granted to Gabriel Smither against William Eskridge Execor. Of Rodham Kenner Cralle Deced for Twenty six Shillings and Six pence due by bill which is orderd to be paid with costs. Judgement upon Petition is granted to William Dobyns against James Brown and Elias Edmunds for Thirty one Shillings and Six pence due by bill which is orderd to be paid with interest to be Computed theron at the rate of 5 % per annum from the 16th day of February 1763. The presentment of the Grandjury against John Pope is Dismissed he having paid his fine. Robert Woddrop....................................... Plt. ag.st In Debt Frederick Wildey........................................ Def t. Dismissed by consent of the parties Orderd that Lycense be granted to Charles Pritchard to keep Ordinary at his House in this county for the space of one year he having given bond according to law. The petition of Metcalfe Gill against Thomas Brown Admor. Of Semer Jones deced is Dismissed. Judgement upon petition is granted to Gabriel Smither against John Lewis and Mathias Self for twenty six Shillings and three pence due by Bill which is order’d to be paid with Costs & an attornies fee. The Petition of Gabriel Smither against Griffin Williams & William Trussell is Dismissed William Lattimore......................................... Plt. ag.st In Detimuse Christopher Dameron.................................... Def t. Dismissed being agreed that the Costs Shall be Equally Divided The presentment of the Grandjury against Henry Christopher is Dismissed he having paid his fine On the Petition of John Foushee Gent. (with the Consent of Patrick Mealey and John Christopher) It is orderd that Newton Keene Gent. do lay off and Value an Acre of Land on each side of Coan Mill, now in the possession of the sd Mealey and Christopher. And make report thereof to the Court William Bailey is by the court appointed Surveyor of the road in the room of Pemberton Claughton And it is orderd that he forthwith Clear & keep the same in repair according to Law. The Presentment of the Grandjury against Griffin Williams is Dismissed Judgement upon Petition is granted to Mary Anne Chilton against Charles Fallen for Forty eight Shillings & two pence half penny due by Account which is orderd to be paid with Costs. She first giving bond with Security in the Penal sum of Seven pounds with Condition to refund three pounds thirteen Shillings & Six pence and tobo Costs. The Presentment of the Grandjury against Robert Sibbalds is Dismissed. Judgement upon petition is granted to Archibald Ritchie against Spencer Hurst for Fifty nine Shillings and Six pence due by Account which is orderd to be paid with Costs and an Attornies fee. Giles Boggess having obtained an Attachment against the Estate of Elijah Williams who is said to be absconded that common process Cannot be Served upon him for Three pounds twelve Shillings currnt. Money. And the Sherriff having made return that he had attached all the Effects of the said Williams in the hands of Richard Nutt and Summond him to appear as a Garnishee. And he now appearing declared that he had in his possession one negro Man Slave named Buck belonging to the sd. Williams. Wherupon the Plt. proving his demand to be just by his own Oath. It is Considered that he recover agst. The sd Deft the sd. three pounds twelve Shillings together with his Costs by him in his behalf Expended, And it is ordered that the Sherriff make Sale of the Said Negro Buck according to law, and out of the produce thereof he pay the Plt. his Debt & Costs returning an Account of such sale to the Court. Newton Keene having obtained an Attachment against the Estate of Elijah Williams who is said to be absconded that common process Cannot be Served upon him for Fourteen hundred and thirty eight pounds of tobo. And Thirteen pounds three Shillings and eight pence. And the Sherriff having made return that he had attached of the Defts. estate one Negroe Man Slave named Buck. Wherupon the Plt. proving his demand to be just by his own Oath. It is Considered that he recover agst. The sd Deft the sd. Fourteen hundred and thirty eight pounds of tobo. And Thirteen pounds three Shill. and eight pence together with his Costs by him in his behalf Expended, And it is ordered that the Sherriff make Sale of the Said Negro slave according to law, and after first satisfying the Judgment obtained by Giles Boggess that he pay the produce thereof to the said Newton Keene towards discharging this Judgment Returning an Account of Such Sale to the Court. PAGE 97 — 9 MAY 1763 The Presentment of the Grand Jury against William Gill is dismissed The Attachment obtained by William Bussell against the Estate of Jesse Smith is Dismissed Order’d the Court be Adjourned till Tomorrow morning 10 o’Clock John Foushee At a Court Continued & Held for Northumberland County the 10th day of May 1763 Present John Foushee Spencer M. Ball George Ball Gent. Justices Richard Hull Saml. Blackwell Charles Nelson Esq....................... Plt. ag.st In Case William Bentley............................ Def t. The Def t. not being arrested. It is orderd on the motion of the Plt. by his attorney that an Pluries Capias Issue ag.st the Def t. returnable to the next Court. Samuel Harrison......................................... Plt. ag.st In Debt William Rust........................................ Def t. The attachment awarded against the Defts Estate being returned on One negro Man and one Horse by the Sherriff of this County. And the Deft. not appearing to ???? The same, on the motion of the Pt. by his attorney, It is Considered by the Court that the Plt. Recover against the sd. Deft. eight pounds currnt. Money his Debt in the Declr. mentioned and his Costs by him about his suit in this behalf Expended and the sd. deft. in mercy etc.. But this Judgment (the costs excepted) is to be Discharged by the payment of Four pounds currnt. Money with Interest on the same at the rate of 5% per annum to be Computed from the first day of March 1763 till the time of payment. And it is orderd that the sd. sheriff make sale of the sd. Attached Effects according to Law & pay the produce thereof to the Plt. towards discharging this Judgement Returning an Account of such sale to the Court Our Sovereign Lord the King................................ Plt. ag.st Upon an Indictment Joseph Mott..................................................... Def t. Dismissed the Deft. agreeing to pay all costs An Inventory and Appraisment of the Estate of Elizabeth Nelms deced was this day Returned and orderd to be Recorded. PAGE 98 - 10 MAY 1763 William Hammond......................................... Plt. ag.st Upon a Writ of Scire Faices William Eskridge........................................ Def t. The Deft having been duly warned and not appearing, It is considered that the Plt. have Execution against him of the Seventy pounds currnt. Money, Debt and Two hundred & thirty eight pounds of tobo and fifteen Shillings or One hundred & fifty pounds of tobo Costs in the Writ Aforesaid Specified, And also that he recover against the sd. Deft. his costs by him in this behalf Expended. But this Judgement is to be Discharged by th payment of thirty five pounds Currnt. Money with Interest for the same at the rate of 5% per annum to be computed from the 23rd day of June 1760, till the time of payment. And the Costs of this Suit & the former Judgement. Thomas Simpson......................................... Plt. ag.st In Debt Giles Boggess........................................ Def t. The Defendant being arrested and not appearing It is Ordered that Judgmt. be Entered for the plt. agst. the said Def t. and Peter Lamkin his Security for the Debt in the Declaration mentioned unless he the said Deft. shall appear at the next Court and plead. Thomas Simpson......................................... Plt. ag.st In Debt John Kirkley.............................................. Def t. The Def t. not being arrested. It is orderd on the motion of the Plt. by his attorney that an Alias Capias Issue ag.st the Def t. returnable to the next Court. John Heath............................................ Plt. ag.st In Debt Patrick Mealey........................................ Def t. The Defendant being arrested and not appearing It is Ordered that Judgmt. be Entered for the plt. against him the said Def t. and Thomas Gaskins Gent. Sheriff of this County, for the Debt in the Declaration mentioned unless he the said Deft. shall appear at the next Court and plead. The Presentment of the Grandjury against Job Braughton is Dismissed. The Presentment of the Grandjury against Samuel Garlington is Dismissed.he having paid his fine On the Petition of Anne Warrick against Mary Cox for ill usage to her Son Nicholas Lawter It is considerd by this Court theat eh said Lawter be Discharged. Orderd that the Churchwardens of Wicocomoco Parish for the time being bind out Nicholas Lawter Son of James Lawter according to Law. PAGE 99 10 May 1763 James Mills.............................................. Plt. ag.st In Case Charles Colston........................................ Def t. This day came the parties by their attornies & thereupon came also a Jury to wit, Thomas Airs, Ellis Harcum, Thomas Hayes, Richard Nutt, William Lattimore, Daniel Betts, John Blincoe, William Davenport, John Heath, John Blackwell, Wm. Eskridge and William Lancaster, who being Ellected tryed & sworn the truth to speak upon the issue Joined upon their oath do say that the Def t. did assume in manner and form as the Plt. against him hath alledged & they do assess the Pl.ts. damage by Occasion of the Nonperformance of that Assumption to Nine pounds, five Shillings and ten pence half penny Currnt. Money besides his Costs. Therefore it is Considered by the Court that the Pl.t. recover ag.st. the sd. Def t. his damages aforesaid in form aforesaid assessed and his Costs by him in this behalf Expended & the sd. Def t. in Mercy etc. Thomas Gaskins......................................... Plt. ag.st In Debt Jane Lattimore........................................ Def t. This day came the parties by their attornies & thereupon came also a Jury to wit, Richard Taylor, Jonathen Edwards, Robert Clarke, Henry Christopher, Thomas Williams James Foushee, Griffin Fauntleroy, William Mathew Cralle, John Cralle Jr. William Downing, Benjamen Waddy and Rodham Neale, who being Ellected tryed & sworn the truth to speak upon the issue Joined upon their oath do say that the Def t. hath not Performed the Condition of the Writing Obligatory in the Declaration mentioned. And they say that the Plt. by Occasion of the premises hath Sustained Damage to Ten pounds Currnt money besides his costs. Therefore it is Considered by the Court that the Pl.t. recover ag.st. the sd. Def t. his damages aforesaid in form aforesaid assessed and his Costs by him in this behalf Expended & the sd. Def t. in Mercy etc. James Ball Gent. Admor of John Bush deced......... Plt. ag.st In Debt William Trussell ................................................. Def t. This day came the parties by their attornies & thereupon came also a Jury to wit, Ellis Harcum, Thomas Hayes, William Lattimore, Daniel Betts, John Blincoe, William Davenport, John Heath, John Blackwell, Wm. Eskridge, Thomas Cotrell, William Lancaster, and Lewis Lamkin who being Ellected tryed & sworn the truth to speak upon the issue Joined upon their oath do say that the Def t. doth owe to the Plt. Forty two Shillings & eight pence Currnt. Money besides his costs, Therefore it is Considered by the Court that the Pl.t. recover ag.st. the sd. Def t. the said Forty two Shillings and eight pence together with his Costs by him in this behalf Expended & the sd. Def t. in Mercy etc. PAGE 100 – 10 MAY 1763 Orderd that James Ball Admor. Of John Bush deced pay unto Reuben Bush Four hundred pounds of tobo. for Sixteen days Attendance atthis Court as a Witness for the sd. Ball agst. William Trussell. Orderd that William Trussell pay unto Phillip Bussell Four hundred and fifty pounds of Tobacco for Eihteen Sixteen days Attendance at this Court as a Witness for the sd. Trussell at the suit of James Ball Admor. Of John Bush deced Winefred Hayes......................................... Plt. ag.st In Trespass William Swift Junr......................................... Def t. Dismissed by Consent of parties Deft. paying Costs George McCall.............................................................................. ..... Plt. ag.st In Case Spencer Corbell & Thomas Cotrell Exors. Of Mosely Mott deced......... Def t. This day came the parties by their attornies & thereupon came also a Jury to wit, Richard Taylor, Jonathen Edwards, Robert Clarke, Henry Christopher, Thomas Williams, James Foushee, Griffin Fauntleroy, William Mathew Cralle, John Cralle Jr. William Downing, Benjamen Waddy and Rodham Neale, who being sworn well & truly to Enquire of Damages in this Suit upon their oath do say that the Plt. hath sustained Damage by Occasion of the Def t.s non Performance of the Assumption in the Declaration mentioned to five pounds eleven Shillings and Six pence besides his costs. Therefore it is Considered that the Pl.t. recover ag.st. the sd. Def t. his damages aforesaid in form aforesaid assessed & his Costs by him in this behalf Expended to be levied of the goods & chattles of the said Testator in the hands of the sd. Execors. if so much thereof they have in their hands to be Administered & if they have not that then the costs to be levied of the proper goods & Chatles of the said Defendt. Aninadale Seekright ....... Plt. In Ejectment For Three ??essuages, three Tenements & Two vs. Hundred & twenty five Acres of Land with the Appurts in the Samuel Eskridge.............. Def t. Parish of St. Stehen of the Demise of Elizabeth Cralle Widow This day came the parties by their attornies & thereupon came also a Jury to wit, Thomas Airs, Ellis Harcum, Thomas Hayes, William Lattimore, Daniel Betts, John Blincoe, William Davenport, John Heath, John Blackwell, Thomas Cotrell, William Lancaster, and Lewis Lamkin, who being Ellected tryed & sworn the truth to speak upon the issue Joined, The Parties by their mutual Conssent Refferr’d the matter in his Cause to the court, Whereupon on hearing the Council on both sides. It is Considered by the Court that the Pl.t. take nothing by his bill, but for his false Clamor be in mercy etc. And that the Deft go hence without day and Recover against the Lessor of the Plt his costs by him in this behalf Expended PAGE 101 — 10 MAY 1763 Elisha Harcum........................................ Plt. ag.st In Debt Henry Berkley........................................ Def t. This day came the parties by their attornies who waving hte Issue whereof they had put themselves upon the County, the sd. Deft. saith that he cannot gainsay the Action of the Plt. Therefore (with the consent of Joseph Ball) it is Considered by the Court that the Plt. recover against the said Deft. and the said Joseph Ball the debt in the declaration mentioned amounting to Seven pounds ten Shillings and eight pence currt. Money together with his Costs by him in this behalf expended and the sd. Deft. in mercy etc. But this Judgment (the costs excepted) is to be discharged by the payment of Three pounds Fifteen Shillings and four pence with interest on the same at the rate of 5 per cent per annum to be Computed from the 10th day of August 1760 till the time of payment. James Lamkin......................................... Plt. ag.st Upon a Writ of Scire Faices James Foushee........................................ Def t. This day came the parties by their attornies & thereupon came also a Jury to wit, Thomas Hayes, William Lattimore, Daniel Betts, John Blincoe, William Davenport, John Heath, John Blackwell, Wm. Eskridge, Thomas Cotrell, William Lancaster, Benj. Vanlandingham and John Douglass who being Ellected tryed & sworn the truth to speak upon the issue Joined upon their oath do say that the Def t. hath not paid the Debt in the Writ of Scire Faices mentioned. Therefore it is Considered by the Court that the Pl.t. recover ag.st. the sd. Def t. his Debt amounting to Seven hundred & Eighty pounds of Tobo. together with his Costs by him in this behalf Expended, On which the Deft. prayed leave till the next Court to file a Bill of Injunction which is granted him he having given bond according to law. The Honble Robert Carter Esq............................. Plt. ag.st In Debt Rodham Neale and Thomas Simpson................... Def t. This day came the parties by their attornies who waving the Issue whereof they had put themselves upon the County, the sd. Defts. saith that they cannot gainsay the Action of the Plt. Therefore it is Considered by the Court that the Plt. recover against the said Defts. the debt in the declaration mentioned amounting to One hundred and forty seven pounds and twelve Shillings currt. Money together with his Costs by him in this behalf expended and the sd. Deft. in mercy etc. But this Judgment (the costs excepted) is to be discharged by the payment of Seventy three pounds Sixteen Shillings with interest on the same at the rate of 5 per cent per annum to be Computed from the first day of June 1758 till the time of payment. PAGE 102 — 10 MAY 1763 Orderd that Lycense be granted unto Peter Lamkin to keep Ordinary at his House in this County for the Space of one year he having given bond according to Law Henry Ritchie......................................... Plt. ag.st In Case Charles Colston..................................... Def t. This day came the parties by their attornies & thereupon came also a Jury to wit, Richard Taylor, Jonathen Edwards, Robert Clarke, Henry Christopher, Thomas Williams, James Foushee, Griffin Fauntleroy, William Mathew Cralle, John Cralle Jr. Benjamen Waddy, David Ball Rodham Neale, and William Downing who being elected tryed and sworn the truth to speak upon the Issue Joyned, upon their oath do say that the Deft. did assume in manner and form as the Plt. against him hath declared And they do assess the Plts. Damage by Occasion of the non Performance of that Assumption to Eleven pounds Nineteen Shillings Currnt money Therefore it is Considered by the Court that the Pl.t. recover ag.st. the sd. Def t. his damages aforesaid in form aforesaid assessed & his Costs by him in this behalf Expended & the sd.Deft. In mercy etc. Robert Woddrop......................................... Plt. ag.st In Case James Phillips Junr......................................... Def t. This day came the parties by their attornies & thereupon came also a Jury to wit, Thomas Airs, Ellis Harcum, Thomas Hayes, William Lattimore, Daniel Betts, John Blincoe, John Heath, John Blackwell, William Eskridge, Thomas Cotrell, William Lancaster, & Lewis Lamkin who being sworn well & truly to Enquire of Damages in this Suit upon their oath do say that the Plt. hath sustained Damage by Occasion of the Def t.s non Performance of the Assumption in the Declaration mentioned to Sixteen pounds five Shillings & Eleven pence Currnt money besides his costs. Therefore it is Considered that the Pl.t. recover ag.st. the sd. Def t. his damages aforesaid in form aforesaid assessed & his Costs by him in this behalf Expended & the sd. Def t. in Mercy etc. Thomas Smith......................................... Plt. ag.st In Case for Slander William Foalks........................................ Def t. Continued for the Plt. to give Security for Costs Thomas Smith......................................... Plt. ag.st In Case for Slander John Douglass and Susanna his Wife.......... Def t. Continued for the Plt. to give Security for Costs PAGE 103 — 10 MAY 1763 John Yapp............................................ Plt. ag.st In Trespass, Assault & Battery Ellis Harcum........................................ Def t. John Maurison of this County undertakes for the Plt. that in Cse he shall be Cast in this Suit he Shall Satisfie and pay to the Deft. all such Damages Costs and Charges as shall be awarded against him by the Court or that he the said Maurison will pay & Satisfie them for him William Trussell..................................................... Plt. ag.st In Case Kenner Cralle Admor of William Payne deced ...... Def t. This day came the parties by their attornies, And the said Deft prays & hath leave to imparte till the next Court & then to plead Elizabeth Downing......................................... Plt. Vs In Debt Robert Edmunds and Thomas Harvey ............. Def ts. The Defendant being arrested and not appearing It is Ordered that Judgmt. be Entered for the Plt. against them the said Def ts. and Ellis Hudnall as Security for the Defts Roberts appearance and against Thomas Gaskins Gent. Sherriff of this County for the other Deft. Thomas for the Debt in the Declaration mentioned and costs unless he the said Defts. shall appear at the next Court and plead. Messrs. Hunters Campbell & Company............... Plt. ag.st In Case Peter Marsh ...................................................... Def t. This day came as well the Plt. by their attorney, as the Deft in his proper person who together with Richard Marsh his Security acknowledges the Plts. Action for L3..16..82 Therefore (with the Plt. assent) It is Considerd by the court that they recover against the said Deft. and the Sd. Richard Marsh the sd. L3..16..8 ½ Together with their Costs by them in this behalf Expended and the sd. Deft in mercy etc. Samuel Garlington......................................... Plt. ag.st In Trespass, Assault & Battery Joseph Mott................................................. Def t. The Defendant being arrested and not appearing It is Ordered that Judgmt. be Entered for the Plt. against him the said Def t. and Benjamen Ingram his Security for what damages it shall appear the Plt. hath sustained by the occasion in the Declaration mentioned to be assertained by a jury unless the said Defts shall appear at the next Court and plead. Joseph Ball......................................... Plt. ag.st In Debt James Templeman........................................ Def t. The Def t. not being arrested. It is orderd on the motion of the Plt. by his attorney that an Alias Capias Issue ag.st the Def t. returnable to the next Court. Robert Davis......................................... Plt. v. In Trespass Assault & Battery William Bussell.......................... Def t. Dismissed, being agreed by the parties Joseph Ball.............................. Plt. v. In Case Daniel Bailey........................... Def t. Dismissed, being agreed by the parties Robert Woddrop.......................................... Plt. v. In Debt John Garlington & Benjamin Waddy............. Def t. This day came the Plt. By his attorney And the Deft. Jno Garlington not being arrested, this suit with respect to him is discontinued. And Charles Fallin Gent. Here incourt undertakes for the other Deft. Benja. Waddy that in Case he shall be Cast in this Suit he the sd. Deft. Shall pay the Condemnation of the Court or render his body to prison in Execution for the same, or that the said Charles Fallin will pay the sd. Condemnation or render the body of the sd Deft. As aforesaid. Whereupon the sd. Deft. By his attorney prays Oyer of the Writing Obligatory in the Declaration mentioned which is granted him & the suit is Continued till next Court. Frederick Wildey ......................................... Plt. vs.t In Chancery Joseph Ball ........................................ Def t. This day came the parties by their attornies & on the Plt. Motion, time is given him till next Court to file his bill. Barbee Davis......................................... Plt. vs. In Case Thomas Tiggott........................................ Def t. The Deft. Not being arrested. It is orderd on the motion of the Plt. By his attorney that another Alias Pluries Capries Issue against him returnable to the next Court. Ordered the Court be adjourned till Tomorrow morning 10 O’Clock At a court Continued and Held for Northumberland County the 11th day of May 1763. Present John Foushee Samuel Blackwell William Taite & Gent. Justices Rodham Kenner, Winder Kenner An Indenture of Feoffment from William Eskridge and Betty his wife of the one part To Thomas Williams of the other part, with the Memorandum of the Livery of Seizan and the Receipt thereof Indorsed. Was Acknowledged by the said William Eskridge & admitted to Record. Previous to which Betty Eskridge Wife of the sd. William being first privately Examined freely Relinquished her right of Dower in the premises thereby Conveyed. An Indenture of Feoffment from William Eskridge and Betty his wife of the one part To Thomas Jones of the other part, with the Memorandum of the Livery of Seizan and the Receipt thereof Indorsed. Was Acknowledged by the said William Eskridge & admitted to Record. Previous to which Betty Eskridge Wife of the sd. William being first privately Examined freely Relinquished her right of Dower in the premises thereby Conveyed. Lindsey Opie......................................... Compl. Vvs. In Chancery Charles Beale & Travers Tarpley, Exors. Of Travers Colston deced........... Def t. This day came the parties by their attornies And the complt. Filing his Bill on the Defts motion time is given them till next Court to Answer. Elisha Betts......................................... Plt. vs. In Debt Henry Christopher....................... Def t. The Deft. Not appearing It is orderd that the conditional Judgment obtained against him and Samuel Eskridge his Security at the last court be Confirmed, and it is Consider’d by the Court that the Plt. Recover against the sd. Deft. And the said Samuel Eskridge the Debt in the Declaration mentioned amounting to Four pounds twelve shillings and four pence Currnt. Money and One hundred and Nineteen pounds of tobo. Together with his Costs by him in this behalf Expended And the said Deft. In mercy etc. John Kennedy......................................... Plt. vs. In Case Henry Christopher........................................ Def t. The Deft. Not appearing It is orderd that the conditional Judgment obtained against him and Samuel Eskridge his Security at the last court be Confirmed. And that a Writ of Inquiry of Damages be Expected at the next Court. Robert Clarke Execor. Of Jane Clarke deced......... Plt. vs. In Case Rodham Neale........................................ Def t. This day came the parties by their attornies, And the sd. Deft. Saith that the Plt. Is not Damnifyed as in pleading he hath alledged & that he prays may be Inquired of by the County. And the Plt. In like manner. Whereupon the tryall of the Issue is referr’d till the next Court. Page 106 11 May 1763 John Heath, assignee of Amos Bentley ......................................... Plt. vs. In Debt John Bentley........................................ Def t. This day came as well the Plt. by his attorney, as David Ball Junr. who was Security for the Defts. Appearance by his attorney, and the sd. David saith that this sd. Deft. Hath paid the Debt in the Declaration mentioned & of this he prays may be Enquired of by the County & the Plt. In like manner, whereupon the tryall of the Issue is referr’d till the next Court. John Heath......................................... Plt. vs. In Case John Bentley........................................ Def t. This day came as well the Plt. by his attorney, as David Ball Junr. who was Security for the Defts. Appearance by his attorney, and the sd. David saith that the Deft. did not assume in manner & form as the Plt. Against hm hath declared, and this he prays may be Enquired of by the County & the Plt. In like manner, whereupon the tryall of the Issue is referr’d till the next Court. Robert Woddrop ......................................... Plt. vs. In Debt Richard Nutt........................................ Def t. This day came as well the Plt. by his attorney, as John Corbell. who was Security for the Defts. Appearance by his attorney, and the sd. John saith that the Deft. hath paid the Debt in the Declaration mentioned & of this he prays may be Enquired of by the County & the Plt. In like manner, whereupon the tryall of the Issue is referr’d till the next Court. Henry Boggess......................................... Plt. vs. In Waste David Straughan & Elizabeth Straughan his wife...... Def ts. This day came the parties by their attornies & on their motion this Suit is set for Tryall next Court. William Taite Gent..................... Plt. vs. In Case Richard Nutt................................ Def t. This day came the parties by their attornies and the Deft. Joyned the Demurrer put in by the Plt. Whereupon the Suit is continued till next Court for the same to be argued. William Dameron......................................... Plt. vs. In Trespass, Assault & Battery Neddy Barnes........................................ Def t. The Plt. failing to Prosecute on the motion of the Deft. By his attorney, It is ordered that the Plt. be Nonsuited and pay unto the Deft. Five Shillings Damages according to Law & his costs by him about his defence in this behalf expended. Samuel Tillery & Jane his Wife.................. Plt. vs. In Trespass, Asst. & Battery &false imprisonment William Bailey, Saml. Eskridge, Newton Keene.......... Def ts. This day came the parties by their Attornies, And on the Plts. Motion further time is given them till next Court to reply. John Brown........................................ Plt. vs. In Case William Kennan........................................ Def t. This day came the parties by their attornies and the Plt. Filing his Demurrer to the Defts Plea, on the motion of the sd. Deft. time is given him till next Court to Consider the same. James Smith........................... Plt. vs. In Case for Slander William Knott.......................... Def t. Dismissed John Luxon & Thomas Kenny Admors of George Buck deced....... Plt. vs. In Debt Lindsey Opie........................................ Def t. Continued for the Defts. Plea John Foushee......................................... Plt. vs. In Debt David Lattimore & John Nutt................. Def t. This day came the Parties by their Attornies And on the Plts. Motion further time is given him till next Court to Consider the Defts. plea. James Craine........................... Plt. vs. In Trespass Assault & Battery George Ingram........................ Def t. Dismissed for want of security for Costs. Thomas Cotrell........................... Plt. vs. In Case William Corbell......................... Def t. On the Plts. Motion, this case is continued till the next Court The presentment of the Grandjury against Thomas Hayes is Dismissed, he having taken the Oaths & Declared himself a Protestant Decenter. Benjamen Starke......................................... Plt. vs. In Case Spencer Ball, Samuel Blackwell and Richard Hull Gent. Exors of Tunstal Hack Deced......................................... Def t. Continued John Goodtitle......... Plt. In ejectment for four Messuages, One Apple orchard, One Peach vs. Orchard and two hundred acres of land wth the appurts. in the ??? Charles James......... Def t. of Wicocomoco of the Demise of Christopher Bales this day came the parties by their attornies, and thereupon came also a jury to wit, Ellis Harcum, Moses Williams, Elisha Harcum, John Blackwell, Thomas Airs, Jno. Maurison James Daughity, Patrick Mealey, Giles Boggess, William Palmer, Thomas Hayes and Robert Short who being elected tryed and sworn the truth to speak upon the issue Joined upon their oath brought in a Verdict for the Defendt. Whereupon it is Consider’d by the Court that the Plt. Take nothing by his Bill bur for his false Clamour be in mercy etc. And the Deft. Go thereof hence without day and recover against the Lessor of the Plt. His Costs by him about his Defence in this behalf Expended. John Goodtitle......... Plt. In ejectment for four Messuages, One Apple orchard, One Peach vs. Orchard and two hundred acres of land wth the appurts. in the ??? Swan Pritchard......... Def t. of Wicocomoco of the Demise of Christopher Bales This day came the parties by their attornies, and thereupon came also a jury to wit, Ellis Harcum, Moses Williams, Elisha Harcum, John Blackwell, Thomas Airs, Jno. Maurison James Daughity, Patrick Mealey, Giles Boggess, William Palmer, Thoms Hayes and Robert Short who being elected tryed and sworn the truth to speak upon the issue Joined brought in a Verdict for the Defendt. Whereupon it is Consider’d by the Court that the Plt. take nothing by his Bill bur for his false Clamour be in mercy etc. And the Deft. Go thereof hence without day and recover against the Lessor of the Plt. His Costs by him about his Defence in this behalf Expended. John Yapp........................... Plt. vs. In Trespass, Assault & Battery Ellis Harcum........................ Def t. This day came the parties by their attornies, and thereupon came also a jury to wit, Daniel Betts, John Meath, Jonathan Edwards, Samuel Eskridge, Thomas Williams, Isaac Haynie Jr., Tignor Fallin, Ebenezer Nelms, Richard Nutt, Richard Walker, William Eskridge & Rodham Neale who being elected tryed and sworn the truth to speak upon the issue Joined upon their oath do say that the Deft. Is guilty of the Trespass Assault and Battery in the Declaration mentioned. And they do assess the Plts. Damages by Occasion thereof to Ten Shillings Current money. Whereupon on the Plts. Motion a new tryale is granted him & the Suit is Continued accordingly. Order’d that John Yapp pay unto Frederick Wildey Six hundred & seventy pounds of tobo. For Twenty seven days Attendance at this court as a witness for the said Yapp against Ellis Harcum. 11 May 1763 Ordered that John Yapp pay unto Joseph Beatley One hundred pounds of tobo. For five days Attendance at this Court as a witness for the sd. Yapp against Ellis Harcum Ordered that John Yapp pay unto Hannah Tingle Six hundred and fifty pounds of tobo. For twenty six days Attendance at this Court as a witness for the sd. Yapp agst. Ellis Harcum Spencer Corbell & Thomas Cotrell Execors of Mosley Mott deced. ........ Plt. vs. In Debt Chapley Hudnall son & heir of Nathan Hudnall deced............................... Def t. Continued Presley Thornton Esq & Anne Conway Exors. Of George Conway deced ........... Plt. vs. In Case Travers Tarpley & Charles Beale Exors of Travs. Colston deced.......................... Def t. Dismissed John Tarpley Gent.......................................... Plt. vs. In Case Judith Fauntleroy........................................ Def t. Continued John Tarpley Gent.......................................... Plt. vs. In Case Kenner Cralle........................................ Def t. This day came the plt. by his attorney, and thereupon came also a jury to wit, Daniel Betts John Maith, Jonathen Edwards, Samuel Eskridge, Thomas Williams, Isaac Haynie, Tignor Fallen, Ebenezer Nelms, Richard Nutt, Richard Walker, William Eskridge and Joseph Ball Who being Sworn well and truly to Enquire of Damages in this Suit, upon their Oath do say that the Plt. Hath Sustained Damage by Occasion of the Defts. Non performance of the Assumption in the Declaration mentioned to Six pounds twelve Shillings and one penny Currnt. money besides his Costs. Therefore it is considerd bythe Court that the Plt. recover against the sd. Deft. And William Taite Gent. His Scurity, his Damages Aforesd. In form Aforesd. assessed & his Costs by him in this behalf Expended , & the sd. Deft in mercy etc. John Tarpley Gent.......................................... Plt. vs. In Case John Cralle........................................ Def t. This day came the plt. by his attorney, and thereupon came also a jury to wit, Danl. Betts. Jno. Maith, Jonathen Edwards, Samuel Eskridge, Thomas Williams, Isaac Haynie, Tignor Fallen, Ebenezer Nelms, Richard Nutt, Richard Walker, William Eskridge and Joseph Ball Who being Sworn well and truly to Enquire of Damages in this Suit, upon their Oath do say that the Plt. Hath Sustained Damage by ................. Occasion of the Defts. Non performance of the Assumption in the Declaration mentioned to Thirteen pounds ten Shillings and one penny half penny Currnt. money besides his Costs. Therefore it is considerd bythe Court that the Plt. recover against the sd. Deft. And Thomas Gaskins Gent. Sherriff of this county, his Damages Aforesd. In form Aforesd. assessed & his Costs by him in this behalf Expended , & the sd. Deft in mercy etc. 11 May 1763, page 110 John Yapp........................................ Plt. vs. In Trespass, Assault & Battery Ellis Harcum........................................ Def t. This day came the plt. by his attorney, and thereupon came also a jury to wit, John Blackwell, Thomas Cotrell, Thomas Airs, Patrick Mealey, John Kennedy, Giles Boggess, William Palmer, Thomas Hayes, Robert Short, William Davenport, Lindsey Opie & Job Braughton, who being elected tryed and sworn the truth to speak upon the issue Joined upon their oath do say that the Deft. Is guilty of the Trespass Assault and Battery in the Declaration mentioned. And they do assess the Plts. Damages by Occasion thereof to Ten Shillings Currt. money besides his costs. Therefore it is Considered by the Court that the Plt. Recover against the said Deft. His Damages Aforesaid inform Aforesaid Assessed. Charles Haynie........................................ Plt. vs. In Case John Cralle........................................ Def t. Continued for the Plt. James Lamkin........................................ Plt. vs. In Case James Craine........................................ Def t. This day came the parties by their attornies and the Deft. Filing his Plea, on the Plts. Motion time is given him till next court to reply. Edwin Farned........................................ Plt. vs. In Datince William Eskridge.................................... Def t. This day came the parties by their attornies and the Deft. Filing his Demmurrer to the Plts. Replication on the motion of the sd. Plt. Time is given him till next court to Consider the same. Samuel Garlington........................................ Plt. vs. In Debt George Dameron........................................ Def t. This day came the parties by their attornies and the sd. Deft. Parys futher Oyer of the Bond in the Declaration mentioned which is granted him & the suit is continued till next Court. Kendall Lee & Edward Kerr Admors of George Kerr deced.......... Plt. vs. In a suit of Scire facies Hacius Cuthbert Ellistone Execor. of William Shepherd deced............. Def t. This day came the parties by their attornies And the sd. Deft. Saith that he hath paid the Debt in the Writ of Scire Facies mentioned & this he prays maybe Enquired of by the County. And the Plts. In like manner. Whereupon the tryall of the Issue is referr’d till the next Court. 11 May 1763, Page 111 John Irons ......................................... Plt. vs. In Case James Champion................................ Def t. This day came the parties by their attornies, And the sd. Deft. Saith that he did not Assume in manner & form as the plt. against him hath Declared & this he prays may be Enquired of by the County & the Plt. In like manner, Whereupon the tryall of the Issue is referr’d till the next Court Aron Simmons......................................... Plt. vs. In Case Ezekiel Hudnall........................................ Def t. This day came the parties by their attornies, And the sd. Deft. Saith that he did not Assume in manner & form as the plt. against him hath Declared & this he prays may be Enquired of by the County & the Plt. In like manner, Whereupon the tryall of the Issue is referr’d till the next Court Edward Shepherd ......................................... Plt. vs. In Case William Lancaster........................................ Def t. This day came the parties by their attornies, And the sd. Deft. Saith that he did not Assume in manner & form as the plt. against him hath Declared & this he prays may be Enquired of by the County and the Plt. In like manner, Whereupon the tryall of the Issue is referr’d till the next Court George Gibson .......................... Plt. vs. In Case Daniel Neale............................... Def t. Continued John Tarpley Gent.................. Plt. vs. In Case Rodham Neale........................ Def t. This day came the Plt. By his attorney as the Deft. by his proper person, And the sd. Deft. Acknowledged the Plts. Action for Eight pounds thirteen shillings and Seven Pence Currt. Money. Therefore (with the Plts. Assent) it is Considerd by the Court that he recover against the said Deft. The said Eight pounds thirteen shillings & seve pence, together wiht his Costs by him in this behalf Expended, And the sd. Deft. In mercy etc. Orderd that John Tarpley pay unto Arjalon Price Four hundred and Twenty pounds of tobo.for three days Attendance at this Court & for coming & Returning One hundred & fifteen Miles once as also one shillings for Ferriages as a witness for the said Tarpley agst Rodham Neale. Winefred Berry...................... Plt. vs. In Trespass, Assault & Battery Ellis Edwards......................... Def t. Continued Joseph Hudnall ............................. Plt. vs. In Trespass William Angell, Danl. Shirley & Jno. Taylor....... Def t. Continued for the Defts. They agreeing to pay the Witness one days Attendance in this Suit. 11 May 1763, Page 112 Kenny Tapscott................. Plt. vs. In Case Jesse Clutton........................................ Def t. This day came the Plt. By his attorney & there upon came also a jury to wit, Moses Williams, Elisha Harcum, John Blackwell, Thomas Airs, John Maurison, James Daughity, Patrick Mealey, Giles Boggess, William Palmer, Thomas Hayes, William Davenport & Job Braughton who being Sworn well and truly to Enquire of Damages in this Suit, upon their Oath do say that the Plt. hath Sustained Damages by Occasion of the Defts. Non performance of the Assumption in the Declaration mentioned to Seven pounds two Shillings & one penny half penny Current money besides his Costs. Therefore it is considerd by the Court that the Plt. recover against the sd. Deft. And Thomas Gaskins Gent. Sherriff of this county, his Damages Aforesd. In form Aforesd. assessed & his Costs by him in this behalf Expended , & the sd. Deft in mercy etc. William Davenport......................................... Plt. vs. In Debt Samuel Eskridge........................................ Def t. This day came the parties by their attornies, who waving the Issue whereof they had put themselves upon the County agreed to put the matters upon the judgement of the Court. On which it is considered that the Plt. recover agst. the sd. Deft. the debt in the Declaration mentioned amounting to Twenty one pounds Currt. Money, together with his Costs by him in this behalf Expended. And the sd. Deft. In mercy etc. But this Judgment (the costs Excepted) is to be Discharged by the payment of Ten pounds ten Shillings Currt. Money with Interest on the same at the rate of 5% per annum to be Computed from the 13th day of April 1761 till the time of payment. John Kennedy......................................... Plt. vs. In Case Jesse Alexander......................... Def t. This day came the Plt. By his attorney & there upon came also a jury to wit, Moses Williams, Elisha Harcum, John Blackwell, Thomas Airs, John Maurison, James Daughity, Patrick Mealey, Giles Boggess, William Palmer, Thomas Hayes, William Davenport & Job Braughton who being Sworn well and truly to Enquire of Damages in this Suit, upon their Oath do say that the Plt. hath Sustained Damages by Occasion of the Defts. Non performance of the Assumption in the Declaration mentioned to Five pounds thirteen shillings & nine pence Current money besides his Costs. Therefore it is considerd by the Court that the Plt. recover against the sd. Deft. & Henry Christopher his security, his Damages Aforesd. In form Aforesd. assessed and his Costs by him in this behalf Expended , & the sd. Deft in mercy etc. Moses Dawkins....................... Plt. vs. In Case Spence Waddy........................................ Def t. Dismissed by consent of parties Deft. Paying Costs. 11 May 1763 Page 113 Barbee Davis........................................ Plt. vs. In Case Ellis Edwards........................................ Def t. This day came the Plt. By his attorney & there upon came also a jury to wit, Ellis Harcum, Moses Williams, Elisha Harcum, John Blackwell, Thomas Cotrell, Thomas Airs, John Maurison, James Daughity, Patrick Mealey, Giles Boggess, William Palmer & Thomas Hayes who being Sworn well and truly to Enquire of Damages in this Suit, upon their Oath do say that the Plt. hath Sustained Damages by Occasion of the Defts. Non performance of the Assumption in the Declaration mentioned to Eight pounds Seventeen Shillings and seven pence half penny Currt. money besides his Costs. Therefore it is considerd by the Court that the Plt. recover against the sd. Deft. & John Berry his security, his Damages Aforesd. In form Aforesd. assessed and his Costs by him in this behalf Expended , & the sd. Deft in mercy etc. William Townsend........................................ Plt. vs. In Trespass Charles Marsh........................................ Def t. This day came the Plt. by his attorney & there upon came also a jury to wit, Ellis Harcum, Moses Williams, Elisha Harcum, John Blackwell, Thomas Cotrell, Thomas Airs, John Maurison, James Daughity, Patrick Mealey, Giles Boggess, William Palmer & Thomas Hayes who being Sworn well and truly to Enquire of Damages in this Suit, upon their Oath do say that the Plt. hath Sustained Damages by Occasion of the trespass in the Declaration mentioned to one penny Currt. money besides his Costs. Therefore it is considerd by the Court that the Plt. recover against the sd. Deft. his Damages Aforesd assessed David Galloway........................................ Plt. vs. In Case Joseph Dunaway........................................ Def t. This day came the Plt. by his attorney & there upon came also a jury to wit, Daniel Betts, John Meath, Jonathan Edwards, Samuel Eskridge, Thomas Williams, Isaac Haynie Junr., Tignor Fallen, Ebenezer Nelms, Richard Nutt, Richard Walker, William Eskridge, Rodham Neale and John Heath who being Sworn well and truly to Enquire of Damages in this Suit, upon their Oath do say that the Plt. hath Sustained Damages by Occasion of the Defts. non performance in the Declaration mentioned to Ten pounds, Seven Shillings and Eleven pence half penny Currt. money besides his Costs. Therefore it is considerd by the Court that the Plt. recover against the sd. Deft. and John Dunaway and Joseph Wildey his securities, his Damages Aforesd in form aforesaid assessed. And his Costs by him in this behalf Expended, And the sd. Defendt. in mercy etc. 11 May 1763 Page 114 Thomas Hayes & Anne his wife.......................... Plt. vs. In Trespass Thomas Aires........................................ Def t. Dismissed by Consent of parties, Deft. paying costs James Thomas......................................... Plt. vs. In Trespass Thomas Gill Junr......................................... Def t. Continued John Swift......................................... Plt. vs. In Trespass, Assault & Battery Thomas Aires........................................ Def t. Dismissed being agreed by the parties Samuel Eskridge......................................... Plt. vs. In Case Bushrod Fauntleroy........................................ Def t. Continued Thomas Simpson......................................... Plt. vs. In Case Anne Payne surviving execor. of William Edmunds deced........ Def t. This day came the Plt. By his attorney & there upon came also a jury to wit, Ellis Harcum, Moses Williams, Elisha Harcum, John Blackwell, Thomas Cotrell, Thomas Airs, John Maurison, James Daughity, Patrick Mealey, Giles Boggess, William Palmer & William Davenport who being elected, tryed and Sworn the truth to speak upon the issue Joyned upon their Oath do say that the Defts. Replication is insufficient. And that the Plt. hath Sustained Damage by Occasion of the testators Non performance of the Assumption in the Declaration mentioned to Twenty Eight pounds twelve Shillings and three pence three farthings Currt. money besides his Costs. Therefore it is considerd by the Court that the Plt. recover against the sd. Deft. his Damages Aforesd. in form aforesaid assessed and his Costs by him in this behalf Expended to be levied of the goods andChattles of the sd. Testator in the hands of the sd. Execors. if so much thereor she hath in her hands to be Administered & if she hath not that then the Costs to be levied of her proper goods and chattles & the sd. Deft. in mercey etc. Ordered that Thomas Sampson pay unto Robert Clarke Twenty five pounds of tobacco for One days Attendance at this Court as a witness for the said Simpson against Anne Payne Surviving Execor of William Edmunds deced. 11 May 1763 Page 115 John Tarpley......................................... Plt. vs. In Case Thomas Smith........................................ Def t. This day came the Plt. by his attorney & there upon came also a jury to wit, Daniel Betts, John Meath, Jonathan Edwards, Samuel Eskridge, Thomas Williams, Isaac Haynie, Tignor Fallen, Eben. Nelms, Richard Nutt, Richard Walker, William Eskridge, Rodham Neale and John Heath who being Sworn well and truly to Enquire of Damages in this Suit, upon their Oath do say that the Plt. hath Sustained Damages by Occasion of the Defts. non- performance of the assumption in the Declaration mentioned to Twenty nine Shillings and Eight pence Currt. money besides his Costs. Therefore it is considerd by the Court that the Plt. recover against the sd. Deft. and Richard Hull Gent. Late Sheriff of this County, his Damages Aforesd in form aforesaid assessed. And his Costs by him in this behalf Expended, And the sd. Defendt. in mercy etc. Messrs Hunters, Campbell & Compa..................... Plt. vs. In Debt William Trussell........................................ Def t. This day came the Plt. by his attorney & there upon came also a jury to wit, Daniel Betts, John Meath, Jonathan Edwards, Samuel Eskridge, Thomas Williams, Isaac Haynie Junr., Tignor Fallen, Eben. Nelms, Richard Nutt, William Eskridge, Rodham Neale Joseph Ball and Richard Walker who being elected, tryed and Sworn the truth to speak upon the issue joyned upon their Oath do say that at the time the Plt. was arrested by the Sherriff to answer the said Plts. he the sd. Deft. was attending his duty at a Muster of the Malitia of this County as he in pleading hath alledged, Whereupon the Plts paryd a new tryall which is granted them, they paying the costs of this Court. Ordered that William Trussell pay unto Job Braughton Three hundred & seventy five pounds of tobacco for fifteen days attendance at this Court as a Witness for the said Trussell at the suit of Messrs Hunters, Campbell & Compa. Ordered that William Trussell pay unto William Bussell seventy five pounds of tobacco for three days attendance at this Court as a Witness for the said Trussell at the suit of Messrs Hunters, Campbell & Compa. Order’d the Court be Adjourned till Tomorrow morning 10 o’Clock John Foushee 11 May 1763 Page 116 At a Court Continued & Held for Northumberland County the 12th day of May 1763 Present Spencer Ball Newton Keene John Foushee Spencer M. Ball Gent. Justices William Taite Rodham Kenner Ordered that William Townsend pay unto Richard Marsh one hundred and fifty pounds of tobo. for six days attendance at this Court as a Witness for the said Townsend against Charles Marsh. Benjamen Bussell & William Taylor Jones Assignees of William Taite and William Eskridge who was Assignees of Penuel Bussell ......................................... Plt. vs. In Debt James Foushee........................... Def t. This day came the parties by their attornies. and thereupon came also a jury, to wit. William Davenport, James Daughity, Lewis Lamkin, Isaac Haynie, Robert Woddrop, John Kennedy, Jonathan Edwards, Tignor Fallin, Daniel Betts, William James William Palmer and John Heath who being elected tryed & sworn the truth to speak upon the Issue Joyned upon their Oath do say that the Deft. hath not paid the Debt in the Declaration mentioned as in pleading he hath alledged. and they do assess the Plts damage by Occasion thereof to one penny. Therefore it is Consider’d by the Court that the Plts recover against the sd. Deft. his Debt amounting to Seven pounds thirteen Shillings and eight pence together with the one penny damage by the Jurors Aforesaid assessed & their costs by them in this behalf expended & the sd. Deft. in mercy etc. But this judgment (the Costs & damage Excepted) is to be Discharged by he payment of Thee pounds Six Shillings & ten pence with Interest on the same at the rate of 5% per annum to be computed from the first day of November 1759 till the time of payment. John Goodtitle......................................... Plt. vs. In Ejectment Elias Edmunds........................................ Def t. Continued John Irons......................................... Plt. vs. In Case Thomas Mollony........................................ Def t. This day came the parties by their attornies. And on the Defts. motion a Dedimus is granted him to take the Deposition of Hugh Kerr in this Suit. 12 May 1763 Page 117 John Tarpley Gent.......................................... Plt. vs. In Debt James Foushee........................................ Def t. This day came the parties by their attornies. and thereupon came also a jury, to wit. William Davenport, James Daughity, Lewis Lamkin, Isaac Haynie, Robert Woddrop, John Kennedy, Jonathan Edwards, Tignor Fallin, Daniel Betts, William James William Palmer and John Heath who being elected tryed & sworn the truth to speak upon the Issue Joyned upon their Oath do say that the Deft. hath not paid the Debt in the Declaration mentioned as in pleading he hath alledged. and they do assess the Plts damage by Occasion thereof to one penny. Therefore it is Consider’d by the Court that the Plts recover against the sd. Deft. his Debt amounting to Eight pounds ten Shillings and eight pence together with the one penny damage by the Jurors Afsd. assessed & his costs by him in this behalf expended & the sd. Deft. in mercy etc. But this judgment (the Costs & damage Excepted) is to be Discharged by he payment of four pounds Ten Shillings & four pence with Interest on the same at the rate of 5% per annum to be computed from the 12th day of October 1761 till the time of payment. Robert Woddrop......................................... Plt. vs. In Case John Cralle........................................ Def t. This day came the parties by their attornies, who waving the issue whereof they had put themselves upon the County, the said Deft. acknowledges the Plts. Action for Eighteen pounds five Shillings and Eleven pence three farthings Currt. money. Therefore it is consder’d by the court that the Plt. recover against the sd. Deft. the Aforsaid Sum of Eighteen pounds, five Shillings and Eleven pence three farthings together with his Costs by him in this behalf expended & the sd. deft. in mercy etc. Lewis Lamkin......................................... Plt. vs. In Debt Giles Boggess and John Cralle................. Def t. This day came the parties by their attornies, who waving the Issue whereof they had put themselves upon the county, the sd. Defts. say that they cannot gainsay the Plts. action therefore it is considerd by the Court that the Plt recover against the sd. Defts the Debt in the Declaration mentioned amounting to Ten pounds Currt. money together with his costs by him in this behalf Expended, And the sd Defts. in mercy etc. But this Judgement (the costs excepted) is to be Discharged by the payment of Five pounds currt. money with Interest on the same at the rate of 5% per annum to be Computed from the first day of March 1761, till the time of payment. An Account of the Sales of the Estate of Rodham Kenner Cralle deced. was this day returned and orderd to be Recorded. 12 May 1763 Page 118 Mungo Harvey ......................................... Plt. vs. In Case Ellis Edwards........................................ Def t. Continued Lewis Lamkin......................................... Plt. vs. In Debt Thomas Blincoe & John Blincoe.............. Def t. This day came the parties by their attornies, who waving the Issue whereof they had put themselves upon the county, the sd. Defts. say that they cannot gainsay the action of the Plt. therefore it is considerd by the Court that the Plt recover against the sd. Defts the Debt in the Declaration mentioned amounting to Twenty pounds ten shillings Currt. money together with his costs by him in this behalf Expended, & the sd Defts. in mercy etc. But this Judgement (the costs excepted) is to be Discharged by the payment of Ten pounds five shillings with Interest on the same at the rate of 5% per annum to be Computed from the 25th day of December 1761, till the time of Payment. George Gibson......................................... Plt. vs. In Case Benjamin Northern Execor of Tohomas Lowther deced.... Def t. Continued Benjamin Waddy......................................... Plt. vs. In Debt John Bentley........................................ Def t. This day came the parties by their attornies, who waving the Issue whereof they had put themselves upon the county, the sd. Deft. saith that he cannot gainsay the action of the Plt. therefore it is considerd by the Court that the Plt recover against the said Deft the Debt in the Declaration mentioned amounting to Sixty pounds Currt. money together with his costs by him in this behalf Expended, & the sd Defts. in mercy etc. But this Judgement (the costs excepted) is to be Discharged by the payment of Twenty two pounds currnt. money with Interest on seven pounds part thereof at the rate of 5% per annum to be Computed from the last day of October 1760. & Interest at the same rate on fifteen pounds the residew to be computed from the last day of March 1761 till the time of Payment. Daniel Betts......................................... Plt. vs. In Case Isaac Haynie Junr. & Robert Crowther........................................ Def t. Continued 12 May 1763 Page 119 Elisha Betts......................................... Plt. vs. In Case for Slander Isaac Haynie........................................ Def t. This day came the parties by their attornies. and thereupon came also a jury, to wit. Saml. Eskridge, James Daughity, Lewis Lamkin, Tignor Fallin, William James, William Palmer, John Heath , John Blackwell, Beverly Keeve, Joseph Harcum, Patrick Mealey and William Langsdale, who being elected tryed & sworn the truth to speak upon the Issue Joyned upon their Oath do say that the Plt. is not Gulty of Stealing the Tobo. as in the Defts. plea against him is Alledged. And they do assess the Plts. damage by Occasion of the Defts. Speaking the Scandalous Words in the Declaration mentioned to Forty Shillings Currnt. money besides his Costs. Therefore it is considerd by the Court that the Plt. recover against the said Deft. his Damages Aforesaid in form Aforesaid Assessed & his costs by him in htis behalf Expended. And the Sd. Deft. in mercy etc. Ordered that Isaac Haynie pay unto John Heath Seventy five pounds of tobo. For three days attendance at this Court as a witness for the sd. Haynie at the Suit of Elisha Betts. Ordered that Isaac Haynie pay unto Jonathen Edwards one hundred pounds of tobo. For four days attendance at this Court as a witness for the sd. Haynie at the Suit of Elisha Betts. Ordered that Isaac Haynie pay unto Samuel Patridge twenty five pounds of tobo. For one days attendance at this Court as a witness for the sd. Haynie at the Suit of Elisha Betts. Ordered that Charles Colston pay unto Samuel Eskridge Five hundred and twenty five pounds of tobo. For Twenty three days attendance at this Court as a witness for the sd. Colston at the Suit of William Taite Gent. George Dameron......................................... Plt. vs. In Case John Blincoe and Samuel Eskridge................ Def t. This day came the parties by their attornies, who waving the Issue whereof they had put themselves upon the county, the sd. Defts. say that they cannot gainsay the Plts. action Therefore it is considerd by the Court that the Plt recover against the sd. Defts four pounds Nine Shillings and Six pence and Two hundred & sixty eight pounds of Tobo. and Interest on the same at the rate of 5% per annum to be Computed from the 8th day of September 1760, till the time of Payment together with his costs by him in this behalf Expended and the sd. Deft. in mercy etc. Winefred Berry......................................... Plt. vs. In Trespass, Assault & Battery Ellis Edwards........................................ Def t. Dismissed, being agreed by the parties 12 May 1763 Page 120 Additional Comments: Pasted through automated forms by file manager from CD submission. File at: http://files.usgwarchives.net/va/northumberland/court/17621766523gwl.txt This file has been created by a form at http://www.genrecords.org/vafiles/ File size: 109.4 Kb