Northumberland County Virginia USGenWeb Archives Court.....1762-1766 Pages 201-240, 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, 2:04 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/ Orderd that George Marsh pay unto Peter Marsh Four hundred and Sixty nine pounds of tobo. for Thirteen days Attendance at this court & for Coming & Returning twelve miles four times as a witness for the sd. George at the suit of William Townsend. John Cralle......................... Plt. ag.st In Case Charles Haynie.................... Def t. The Deft. not appearing. It is order’d that the Conditional Judgment obtained against him & Samuel Eskridge his Security at the last Court be Confirmed, And that a Writ of Enquiry of Damages be Executed next Court. Ordered the court be Adjourned till the second Monday in September next. John Foushee At a Court Held for Northumberland County the 12th day of September 1763 Present Spencer Ball William Taite George Ball Gent Justices John Foushee Spencer M. Ball A Deed form Joseph Blackwell and Hannah Shapleigh his wife of the one part. To William Cox of the other part, with the Memorandum of the Livery of Seizen thereon Indorsed was Acknowledged by the sd. Joseph Blackwell And Admitted to Record. Previous to which the said Hannah Shapleigh being first Privately Examined freely Relinguished her Right of Dower in the Premises thereby Conveyed. A Deed form David Lattimore of the one part to Hugh Watson of the other part, with the Memo of the Livery of Seizen thereon Indorsed was Proved by the Oaths of Richard Lunsford, Jesse Copedge and John Carpenter three of the Witnesses thereto & Admitted to Record. A Bond from John Hurst to Henry Hurst was Proved by the Oaths of Joseph Hurst and John Cox two of the Witnesses thereto & Admitted to Record. On the motion of Thomas Gaskins Gent. Sherriff of this County, It is order’d that the Outstanding transfer Tobo. remaining in the Several Warehouses in this County, be not sold till the next Court. A Power of Attorney from John Berry to Charles Lattimore was Proved by the Oath of Christopher Neale one of the Witnesses thereto & Admitted to Record. A Deed from John Berry of the one part to John Callahan of the other part was Acknowledged by Charles Lattimore attorney for the sd. John Berry & admitted to Record. Page 201 12 September 1763 Upon the complaint of William Swift against Thomas Airs, the said Swift taking the usual oath. It is orderd that the sd. Airs give Security for his good behaviour Whereupon the said Thomas Airs together with Ellis Harcum his Secuirty came into Court and Acknowledged themselves Severally Indebted unto our Soverign Lord George the Third etc. The said Airs in the sum of Twenty pounds and the sd. Harcum in the Sum of Ten pounds of their respective goods and Chattles, Lands and Tenements to be Levied and to our sd. Lord the King his Heirs and Successors. Rendered. Yet upon this Condition that if the said Thomas Airs Shall well behave himself towards his Majesty and all his Leige People, And more Especially towards the said William Swift for the space of one whole year now next Ensuing. Then this Recognizance to be Void. Otherwise to remain in full force & Virtue. Upon the complaint of George Kirkley against John Butler, the said Kirkley taking the usual oath. It is orderd that the sd. Butler give Security for his good behaviour. Whereupon the said John Butler together with Samuel Eskridge and Willoughby Lewis his Secuities came into Court & Acknowledged themselves Severally Indebted unto our Soverign Lord George the Third etc. The said Butler in the sum of Twenty pounds and the sd. Eskridge and Lewis in the sum of Ten pounds each of their respective goods and Chattles, Lands and Tenements to be Levied & to our said Lord the King his Heirs & Successors Rendered. Yet upon this Condition that if the said Thomas Airs Shall well behave himself towards his Majesty & all his Leige People, And more Especially towards the said George Kirkley for the space of one whole year now next Ensuing. Then this Recognizance to be Void. Otherwise to remain in full force & Virtue. A release of Dower from Mary Anne Edwards of the one part to David Galloway of the other part, was Proved by the Oaths of John Leland and Edwin Conway Junr. two of the Witnesses thereto & Admitted to Record. Charles Copedge, David Lattimore Richard Taylor and William Angell or any three of them are appointed to Possess John Mayes with his Estate in the hands of Moses Lunsford & make report thereof to the Court. William Mott is appointed Constable in the room of Samuel Garlington who is discharg’d from that Office, And the said Mott took the Oath of a Constable & all the Oaths appoint’d by Act of Assembly. A Mortgage from George Conway to George Routt, was Proved by the Oaths of George Hunt and Gabriel Smither two of the Witnesses thereto & Admitted to Record. Page 202 12 September 1763 Dennis Sullivant orphan of Cornelius Sullivant deced. made choice of Charles Carter for his Guardian who is approved of by the Court, he the sd. Carter together with Jesse Basye his Security having enter’d into & Acknowledged bond for the Estate of the sd. Orphan in the Penalty of L300. It is orderd that John Payne a Servant man belonging to Richard Bowes Serve his said Master after his former time of Service is Expired untill he make Satisfaction for the Sum of Seventeen pounds thirteen Shillings and six pence Currt. money of Virg’a which the sd. Bowes made Oath that he had Expended in Taking him up wh???? run away etc. as also for Ninety one days Absence according to Law. And that the sd. John Payne receive Twenty Lashes on his bare back well laid on. Henry Robertson Came into court and agreed to Serve Richard Bowes for the Term of two years thence next Ensuing, On Consideration of Which the sd. Bowes is to Teach him the Trade of a Ship Carpenter. & to find & provide for the sd. Robinson during the sd. Term. Sufficient Diet, Washing and Lodging, Also the sd. Bowes is to pay the sd. Robinson the sum of Twenty pounds which sd. sum is to be paid Quarterly. For the due Perform’ce of which the sd. Richard Bowes together with George Simpson his Security Acknowledged themselves bound to the Court now Setting in the Sum of 5000 lbs. of tobo. An Account of Elenor Cox’s Administration of the Estate of George Cox deced. was this day returned and orderd to be Recorded. George Dameron produced an Account of the Estate of Betty Gill orphan, And being Exam’d by the Court was Sworn to by the said Dameron & orderd to be Recorded. The petition of Edward Shepherd against Sarah Ann Hack Admor. of Peter Spencer Hack deced is Continued till the next Court Judgment upon Petition is granted to Edward Shepherd against William Wilson for Forty one Shillings and four pence due by Account which is orderd to be paid w’th Costs. Thomas Simpson......................................... Plt. ag.st In Debt John Kirkley........................................ Def t. This day came as well the Pl.t. by his attorney and the Deft. in the Custody of the Sherrff of this County And the sd. 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 Defts. the debt in the Declaration mentioned amounting to Nineteen pounds fifteen Shillings and two 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 Nine pounds seventeen Shillings and seven pence with Interest on the same at the rate of 5 per cent per annum to be Computed from the first day of May 1762 till the time of payment. Page 203 12 September 1763 Judgment upon Petition is granted to Thomas Hudnall against George Conway for Twenty five Shillings due by Account which is order’d to be paid with Costs Judgment upon Petition is granted to Richard Ball against George Conway for Three pounds due by Account which is order’d to be paid with Costs Isaac Hurst produced an Account of the Estate of Milly Kirk orphan. And being Examined by the Court and Sworn to by the sd. Hurst was order’d to be Recorded The Attachment obtained by John Webb against the Estate of William Sullivant is Dismiss’d William Taite Assignee of Benjamen Wales...... Plt. vs. In Debt William Downman........................................ Def t. Dismissed by Consent of parties Deft. paying Costs Thomas Coleman......................................... Plt. vs. In Debt John Tipper........................................ Def t. This day came as well the Plt. by his attorney as the Deft. in his proper person And the said Deft. together with William Angell his Security Saith that he Cannot gainsay the Plt. Action. Therefore it is Consider’d by the Court that the Plt. Recover against the sd. Deft. and the sd. William Angell theDebt in the Dec’l mentioned amounting to Nine hundred and fifty pounds of Crop Tobo. and Cask & Seven hundred pounds of transfer tobacco. Together with his Costs by him in this behalf Expended. And the sd. Deft. in mercy etc. and the sd. Plt. agrees to Stay Execution till the first day of May next. Judgment upon petition is granted to Samuel Garlington against George Dameron for Forty one Shillings due by Account which is orderd to be paid with Costs Judgement upon Petition is granted to William Dew against William Lyell for Thirty six Shillings and Six pence due by Acco’t which is orderd to be paid w’th Costs A Deed form Cuthbert Ellistone and Mary his Wife of the one part. To William Eskridge of the other part. with the Memorandum of the Livery of Seizen and the Receipt. thereon Indorsed. was Acknowledged by the said Cuthbert Ellistone & Admitted to Record. Judgment upon Petition is granted to John Harvey against Kendall Lee & Edward Kerr Adm’rs of George Kerr deced for Three pounds two Shillings and Nine pence half penny. Due by Accout. which is order’d to be paid with Costs. Page 204 12 September 1763 Orderd that John Harvey pay unto Onesephorus Harvey Twenty five pounds of tobo for one days Attendance at this Court as a Witness for the sd. John against Kendall Lee and Edward Kerr Adm’rs of George Kerr deced. The Last Will and Testament of William Webb deced. was Presented in Court by John Edmunds and John Rogers the Exors. therein named who made oath thereto according to law and being proved by the oath of Elizabeth Shepherd one of the Witnesses thereto was Admitted to Record & on the motion of the sd Executors Giving Security Certificate is granted them for obtaining a probate thereof in due form. Whereupon they together with William Eskridge and Cuthbert Ellistone their Securities enter’d into & Acknowledged their bond in the Penalty of One thousand pounds Currt. money for their due & faithfull Admon. of the Estate of the sd. Testator. and Performance of his Will. Thomas Gill, James Daughity, James Sims and John Corbell or any three of them are appointed to appraise on Oath in Current money the Slaves, if any, and Personal Estate of William Webb deced. that Shall be Presented to their View & return an Inventory thereof to the next Court. Judgment upon Petition is granted to William Greenwood against John Harrison and Sarah Fausett Exors. of William Fossett deced. for Forty nine Shillings & Seven pence due by Account which is orderd to be paid with Costs. Judgment upon Petition is granted to Peter Marsh against Moses Sutton for Fifty Shillings and three bushels of Corn. due by Account which is orderd to be paid with Costs. And an Attornies ffee. Judgment upon petition is granted to Mess’rs Luxon and Kenney Merch’ts in Bedeford against Robert Clarke for Five hundred and Sixty eight pounds of Crop tobo. due by Bill which is orderd to be paid with Costs & an Attornies ffee. Judgment upon Petition is granted to Samuel Creswell against Jessee Garner for Four pounds Currt. money due by Acco’t which is orderd to be paid w’th Costs & an Attornies ffee. Judgment upon Petition is granted to Samuel Creswell against John Cralle for Twenty six Shillings due by Account which is orderd to be paid with Costs & an Attornies ffee. Judgment upon Petition is granted to Samuel Creswell against Sarah Harding for Three pounds Currt. money due by Acco’t which is orderd to be paid with Costs & an Attornies ffee. Judgment upon Petition is granted to Samuel Creswell against Caleb Hammonds for Forty three Shillings due by Acco’t which is orderd to be paid with Costs And an Attornies ffee. Page 205 12 September 1763 Judgment upon Petition is granted to Barbee Davis against Caleb Hammonds for Forty five Shillings and eleven pence due by Account which is orderd to be paid with Costs. Judgment upon Petition is granted to Barbee Davis against John Aires for Fifty five Shillings and seven pence due by Account which is orderd to be paid with Costs. Judgment upon Petition is granted to Barbee Davis against Daniel Neale for Four pounds one Shilling and eight pence due by Account w’ch is orderd to be paid with Costs. Judgment upon Petition is granted to Barbee Davis against Charles Bailey for thirty three due by Account which is orderd to be paid with Costs. Judgment upon Petition is granted to Barbee Davis against Mark Harding for Three pounds six Shillings and two pence due by account whichis order’d to be paid with Costs. The Petition of Messrs Hunters Campbell & Comp against Thomas Betts is Dismist. Judgment upon Petition is granted to Messrs Hunters Campbell & Coma. against William Bayless for Four pounds ten Shillings and one penny due by Account which is orderd to be paid with Costs. Judgment upon Petition is granted to Messrs Hunters Campbell & Coma. against John Wood for thirty Shillings and six pence due by Account which is orderd to be paid with Costs. Judgment upon Petition is granted to John Doggett against Abraham Beacham for Thirty Six Shillings and ten pence due by Bill which is orderd to be paid with Interest on the same at the rate of 5% per annum to be Computed from the 1st day of May 1763 till the time of payment & Costs with an Attornies ffee. Judgment upon Petition is granted to John Doggett against Job Braughton for Forty Five Shillings and ten pence due by Bill which is orderd to be paid with Interest on the same at the rate of 5% per annum to be Computed from the 1st day of May 1763 till the time of payment & Costs with an Attornies ffee. Judgment upon Petition is granted to Joseph Ball Execor of William Haynie deced against Ellis Gill for Fifty three Shillings and Three pence due by Account wch. is orderd to be paid with Costs. Judgment upon Petition is granted to John Swift against Thomas Airs for One hundred and Seven pounds of Tobo and Seventeen Shillings and Six pence due by Account which is orderd to be paid with Costs. Page 206 12 September 1763 Thomas and George Simpson having obtained an attachment against the Estate of James Smith who is said to be absconded that common process Cannot be Served upon him for L14..4..7 3/4 Currt. money and the Sherriff having made return that he hath attached all the Effects of the Deft. in the hands of David Boyd Gent. And he now appearing Declared that he had Sufficient Effects of the sd. Smith’s proving their Demand to be Just. It is Considerd that they recover agst. the sd. David Boyd Garnishee the above said Fourteen pounds four Shillings and Seven pence three farthings Currt. money together with their Costs by them in this behalf Expended. Ezekiel Hudnall produced an Account of his Executorship of the Estate of Cornelius Sullivan deced. Which being Examined by the Court & Sworn to by the sd. Hudnall was orderd to be Recorded. On the motion of John Blackwell who made Oath according to law. Certificate is granted him for Obtaining Letters of Administration of the Estate of Thomas Sims deced in due form giving Security, Whereupon he together with Elisha Betts his Security enter’d into and Acknowledged bond for the due Admon. of the sd. Estate. Benjamen Waddy, Cuthbert Ellistone, William Lancaster & James Daughity or any three of them are appointed to appraise on Oath in Current money the Slaves, if any, and Personal Estate of Thomas Sims deced that shall be Presented to their View And return an Inventory thereof to the next Court. On the motion of Elisha Betts who made Oath according to Law, Certificate is granted him for Obtaining Letters of Administration of the Estate of Spencer Betts deced in due form giving Security, Whereupon he together with William Eskridge his Security enter’d into and Acknowledged bond for the due Admon. of the sd. Estate. John Foushee and Spencer M. Ball Gent. are appointed to try the weights and Seals at Coan Warehouses, as also to View the sd. Warehouses & make report if any Repairs be Wanting; Winder Kenner and Samuel Blackwell Gent. are appointed to do the same at Wicocomoco Warehouses and George Ball & Joseph McAdam Gent. at Indian Creek Warehouses. William Angell is by the Court appointed to possess Charles Carter with the Estate of Dennis Sullivan, in the hands of Ezekiel Hudnall & make report thereof to the Court Report of Letting the Repairs to be done on Coan Warehouses, was this day returned and Orderd to be Recorded. Page 207 12 September 1763 Thomas Irons and Newton Keene Gent. are appointed to State and Settle the Accounts of William Eskridge with the Estate of Rodham Kenner Cralle deced. and make report thereof to the Court. Hannah Harding orphan of Thomas Harding deced made Choice of Abner Haynie for her Guardian who is approved of by the Court, he the sd. Abner together with Elias Haynie his Security, having enter’d into & Acknowledged bond for the Estate of the sd. Orphan in the Penalty of L 500. Order’d the Court be Adjourned till Tomorrow morning 10 o’Clock John Foushee At a Court Continued & Held for Northumberland County the 13th day of September 1763 Present John Foushee Samuel Blackwell William Taite Newton Keene Charles Fallin Gent. Justices John Kennedy......................................... Plt. ag.st In Case Phillip Bussell........................................ Def t. This day came the parties by their attornies, And the sd. Deft. saith that he did not Assume in manner and 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 refferr’d till the next Court. Messrs. Hunter Campbell & Compa.......................................... Plt. ag.st In Debt Phillip Bussell........................................ Def t. This day came the parties by their Attornies, And the sd. Deft. saith that he hath paid the Debt. in the Decl. mentioned & of this he puts himself upon the County & the Plt. likewise, Whereupon the Tryall of the Issue is referr’d till the next Court. David Galloway......................................... Plt. ag.st In Case Richard Nutt Admr. of Farnefold Nutt deced.......... 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 also that he hath fully Aministered all the goods & Chattles of the sd. deced. And of this he puts himself upon the County. And the Plt. likewise, Whereupon the tryall of the Issue is referrd till the next Court. Page 208 13 September 1763 David Galloway......................................... Plt. ag.st In Case George Nichols........................................ 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. agst. him hath declar’d & of this he puts himself upon the County. & the Plt. likewise, Whereupon the tryall of the Issue is referr’d till the next Court. David Galloway......................................... Plt. ag.st 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. agst. him hath declar’d & of this he puts himself upon the County. & the Plt. likewise, Whereupon the tryall of the Issue is referr’d till the next Court. Samuel Woolard......................................... Plt. ag.st In Debt Robert Edmunds & Elias Edmunds.............. Def t. This day came the parties by their attornies and the Defts. say they have paid the debt in the Declaration mentioned & of this they put themselves upon the County. And the Plt. likewise, Whereupon the tryall of the Issue is referr’d till the next Court. Charles Harraway......................................... Plt. ag.st In Debt George Phillips and Moses Sutton.................. Def t. This day came the parties by their attornies and the Defts. say they have paid the debt in the Declaration mentioned & of this they put themselves upon the County. & the Plt. likewise, Whereupon the tryall of the Issue is referr’d till the next Court. Joseph Ball......................................... Plt. ag.st In Debt James Templeman............................... Def t. The Deft. not appearing. It is order’d that Judgment be enter’d for the Plt. against him the sd. Deft and John Webb ............his Security for the Debt in the Declaration mentioned & Costs, Unless the ds Deft. shall appear at the next Court and plead. Edwin Farned......................................... Plt. ag.st In Detinue William Eskridge........................................ Def t. By Consent of parties by their attornies, all matters in Differrence between them in this Suit is Referr’d to the Determination of Presley Thornton Esq:........ David Boyd & Richard Parker Gent. and that their award thereupon be made the Judgment of the Court. Page 209 13 September 1763 Thomas Cotrell ......................................... Plt. ag.st In Case William Corbell........................................ Def t. By Consent of parties by their attornies, all matters in Differrence between them in this Suit is Referr’d to the Determination of Robert Clarke and William Eskridge. And they do agree that their award thereupon be made the Judgm’t of the Court. Charles Haynie......................................... Plt. ag.st In Case John 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 & of this he puts himself upon the County. And the Plt. likewise, Whereupon the tryall of the Issue is referr’d till the next Court. Samuel Garlington......................................... Plt. ag.st In Debt George Dameron........................................ Def t. This day came the parties by their attornies, And the sd. Deft. saith that he hath Performed the condition of the bond in the Decl. mentioned, Whereupon time is given the Plt. till next Court to Consider the same. John Foushee......................................... Plt. ag.st In Debt David Lattimore & John Nutt................. Def t. By Consent of parties by their attornies, all matters in Differrence between them in this Suit is Referr’d to the Determination of David Boyd Gent. and they do agree that his award thereupon be made the Judgment of the Court. Samuel Tillery and Jane his wife ..................... Plt. ag.st In Case William Bailey & Ab’........................................ Def t. This day came the parties by their attornies. And the sd. Deft. joyns the Demurrer put in by the Plts. whereupon the Suit is Continued till next Court for the same to be argued George Gibson......................................... Plt. ag.st In Debt Daniel Neale........................................ Def t. This day came the parties by their atornies, And the Deft. filing his Plea, on the motion of the Plt. time is given him till next Court to Consider the same. Page 210 13 September 1763 Our Sovereign Lord the King .................. Plt. ag.st In Presentment George Pitman........................................ Def t. Thiis day came as well the Attorney of our Lord & King in his proper person as the Deft. by his attorney. And the sd. Deft. saith that he is not Guilty as in the presentment agst. him is alledged & of this he prays may be Enquir’d of by the County. &the Atto: likewise, thereupon the tryall of the Issue is referr’d till the next Court. Messrs. Hunter Campbell & Compa............ Plt. ag.st In Debt James Mealey........................................ 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 & of this he puts himself upon the County. & the Plt. likewise, Whereupon the tryall of the Issue is referr’d till the next Court. John Kennedy................................ Plt. ag.st In Case James Mealey................................. 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. agst. him hath declar’d & of this he puts himself upon the County. And the Plt. likewise, Whereupon the tryall of the Issue is referr’d till the next Court. Robert Davis Execor. of Samuel Davis deced. ......... Plt. ag.st In Debt William Nutt, Richard Nutt & Farnf’d Nutt Jr........... Def t. This day came the parties by their attornies and the sd. Defts. saith that they have paid the debt in the Declaration mentioned & this they pray may be Enquired of by the County & the Plt. likewise, Whereupon the tryall of the Issue is referr’d till the next Court. David Galloway.................................. Plt. ag.st In Case Moses Lunsford & John Cooke Exors of William Cook deced........ Def t. This day came the parties by their attornies and the sd. Defts. say that they have paid the Debt in the Declaration mentioned & of this he puts himself upon the County. & the Plt. likewise, Whereupon the tryall of the Issue is referr’d till the next Court. William Murrah......................................... Plt. ag.st In Case James Craine........................................ Def t. This day came the parties by their attornies and the sd. Defts. saith that he is not Guilty as in the Declr. against him is alledged. And of this he puts himself upon the County. And the Plt. likewise. Whereupon the tryall of the Issue is referr’d till the next Court. And the Plt. agrees that the Deft. may give any Special matter in Evidence at the tryall. Page 211 13 September 1763 John Sydnor Execor of Anthony Sydnor deced ......................................... Plt. ag.st Upon a Writ of Sci: Ha: John Beacham........................................ Def t. Continued for Report William Matthew Cralle..................Plt. ag.st In Case John Beacham............................ Def t. The Deft. not appearing, It is orderd that the Conditional Judgment obtained against him and Abraham Beacham his Security at the last Court be Confirmed. & that a Writ of Enquiry of Damages be Executed at the next Court. David McCullock.......................... Plt. ag.st In Case Richard Patridge........................ Def t. The Deft. not appearing, It is orderd that the Conditional Judgment obtained against him at the last Court be Confirmed. & that a Writ of Enquiry of Damages be Executed next Court. Messrs. Hunter Campbell & Compa................... Plt. ag.st In Case Henry Christopher....................... Def t. The Deft. not appearing, It is orderd that the Conditional Judgment obtained against him and George Conway his Security at the last Court be Confirmed. & that a Writ of Enquiry of Damages be Executed at the next Court. Mark Harding......................................... Plt. ag.st In Case George Phillips........................................ Def t. This day came as well the Plt. by his attorney, as George Payne Gent. who was Security for the Deft. by his attorney. And the sd. George Payne saith that the Deft. did not Assume in manner & form as the Plt. agst. him hath declar’d & of this he puts himself upon the County. And the Plt. likewise, Whereupon the tryall of the Issue is referr’d till the next Court Mungo Harvey............................ Plt. ag.st In Debt John Blincoe & Samuel Eskridge......... Def t. This day came the parties by their attornies and the sd. Defts. say that they have paid the Debt in the Declaration mentioned & of this he puts himself upon the County. & the Plt. likewise, Whereupon the tryall of the Issue is referr’d till the next Court. Joseph Ball ......................................... Plt. ag.st In Debt William Oldham........................................ Def t. This day came the parties by their attornies and the sd. Defts. say that they have paid the Debt in the Declaration mentioned & of this he puts himself upon the County. & the Plt. likewise, Whereupon the tryall of the Issue is referr’d till the next Court. Page 212 13 September 1763 Joshua Harper Execor of William Harper deced......... Plt. ag.st In Debt Willoughby Lewis........................................ Def t. On the motion of the Deft. time is given him till next Court to file his plea John Kennedy......................................... Plt. ag.st In Case John Blincoe........................................ 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. agst. him hath declar’d And of this he puts himself upon the County. And the Plt. likewise, Whereupon the tryall of the Issue is referr’d till the next Court. John Tarpley......................................... Plt. ag.st In Case John Efford........................................ 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. agst. him hath declar’d & of this he puts himself upon the County. And the Plt. likewise, Whereupon the tryall of the Issue is referr’d till the next Court. Martha Bussell......................................... Plt. ag.st Upon a Writ of Sci: Ha. John Blincoe........................................ Def t. This day came the parties by their attornies and the sd. Defts. say that they have paid the Debt in the Writ of Sci: Ha. mentioned & of this he puts himself upon the County. & the Plt. likewise, Whereupon the tryall of the Issue is referr’d till the next Court. Samuel Garlington......................................... Plt. ag.st In Trespass Assault & Battery Joseph Mott........................................ Def t. Dismissed being agreed by the parties. Kenner Cralle......................................... Plt. ag.st In Case William Trussell................................ Def t. By Consent of parties by their attornies all matters in Difference between them in this Suit is referr’d to the Determination of Newton Keene & William Eskridge & thier award thereupon is to be made the Judgment of the Court. William Trussell ......................................... Plt. ag.st In Case Kenner Cralle........................................ Def t. By Consent of parties by their attornies all matters in Difference between them in this Suit is referr’d to the Determination of Newton Keene & William Eskridge & thier award thereupon is to be made the Judgment of the Court. William Trussell................................................. Plt. ag.st In Case Kenner Cralle. Admn. os William Payne, deced... Def t. By Consent of parties by their attornies all matters in Difference between them in this Suit is referr’d to the Determination of Newton Keene & William Eskridge & thier award thereupon is to be made the Judgment of the Court. Page 213 13 September 1763 The attachment obtained by Richard Thomas against the Estate of Thomas Ayliff is Dismissed. A Power of Attorney from Stephen Mahanes to Christopher Neale was proved by the Oath of John Callahan one of the Witnesses thereto & Admitted to Record Messrs. Hunters Campbell & Compa. having obtained an Attachment against the Estate of Thomas Ayliff who is said to be absconded that common process Cannot be Served upon him for L23..4..5 Currt. money. And the Sherriff having made return that by virtue of the said attachment that he hath attached the crops of Corn and Tobacco in two fields growing on the Plantation where the sd. Ayliff lived. Whereupon the Plts. proving their demand to be Just by the Oath of Charles Fallen Gent. It is Considerd by the Court that the recover against the said Ailiff the sd. Twenty three pounds four Shilliings and five pence Currt. money together with their Costs by them in this behalf Expended. and it is orderd the Sheriff make sale of the Attached Effects according to Law. And pay the Produce thereof to the Plt. towards discharging this Judgment returning an Account of such Sale to the Court. Smith Barrott having obtained an Attachment against the Estate of William Sullivan who is said to be absconded that common process Cannot be Served upon him for Five hundred pounds of Tobo. And the Sherriff having made return that by virtue of the said attachment he hath attached the Crops now growing on the sd. Sullivan’s Plantation. Whereupon it appearing to the Court that the sd. Sullivan is indebted to the sd. Barrott by Bill, It is Considerd by the Court that the recover against the said Sullivan the sd. Five hundred pounds of tobo. together with his Costs by him in this behalf Expended. and it is orderd the Sheriff make sale of the Attached Effects according to Law. And pay the Produce thereof to the Plt. towards discharging this Judgment returning an Account of such Sale to the Court. The Attachment obtained by Lewis Lamkin against the Estate of William Bentley and John Bentley is Dismissed. Richard Bowes ......................................... Plt. ag.st In Debt William Downman & William Dameron... Def t. Joseph Ball of this County undertakes for the Def ts. that in case they shall be Cast in this Suit he the said Def t. will pay the Condemnation of the Court or render their Bodies to prison in Execution for the same or that he the said Jos. Ball will pay the said Condemnation or render the Bodys of the sd. Def ts. as aforesaid Whereupon the said Def t. prays Oyer of the bond in the Declaration mentioned which is granted them & the suit is Continued till the next Court. Page 214 13 September 1763 Henry Christopher......................................... Plt. ag.st In Case John Meath........................................ Def t. This day came the parties by their attornies And the sd. Deft. prays & hath leave to imparte till the next Court & then to plead. Francis Gilbert......................................... Plt. ag.st In Detinue William Trussell........................................ Def t. Robert Clarke and Henry Christopher of this County undertake for the Def ts. that in case he shall be Cast in this Suit he the said Def t. will pay the Condemnation of the Court or render his Body to prison in Execution for the same or that they the sd. Robert & Henry will pay the said Condemnation or render the Bodys of the sd. Def ts. as aforesaid Whereupon the said Def t. prays and hath leave to imparte till the next Court & then to Plead Judith Hudson......................................... Plt. ag.st In Trespass William Cote........................................ Def t. The Deft. not appearing. It is orderd that Judgment be enter’d for the Plt. against him the said Deft and Pemberton Claughton, Francis Kenner and William Downman his Securities 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 sd. Deft. shall appear at the next Court & plead William Matthew Cralle.............. Plt. ag.st In Trespass Isaac Richardson.......................... Def t. This day came the parties by their attornies, and the sd. Deft. prays and hath leave to imparte till the next Court & then to Plead Anthony McKittrick and Compa............... Plt. ag.st In Case Richard Pope........................................ Def t. This day came as well the Pl.ts. by their attorney as the Deft. in his proper person. And the sd. 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 Sixteen pounds Seventeen Shillings Currt. money together with their costs by them 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 Eight pounds Eight Shillings & Six pence Current money with Interest on the same at the rate of 5 per cent per annum to be Computed from the 29th day of June 1763 ---------- till the time of payment. John Nash......................................... Plt. ag.st In Trespass Assault & Battery Nathaniel Wilson............................... Def t. Dismissed being agreed by the Parties. Page 215 13 September 1763 Messrs McKittrick and Compa.......................................... Plt. ag.st In Case William Lancaster........................................ Def t. This day came as well the Plts. by their attorney. as the deft. in his proper person., who together with John Edmunds his Security acknowledges the Plts. action. Therefore it is Considerd by the Court that the Plts. recover against the sd. Deft. and the sd. John Edmunds the Debt in the Declaration mentioned amounting to Eight pounds Thirteen Shillings and Six pence Currt. money together with their costs by them in this behalf Expended. And the sd. Deft. in mercy etc. But this Judgement (the Costs Excepted) is to be Discharged by the payment of Four pounds six Shillings and Nine pence Currt. money with Interest on the same at the rate of 5% per annum to be computed from the first day of August 1763 ---------- till the time of payment. Barbee Davis......................................... Plt. ag.st In Debt Richard Nutt........................................ Def t. The Deft. not appearing. It is orderd that Judgment be enter’d for the Plt. against him the sd Deft and John Blackwell his Security for the debt in the Declaration mentioned & Costs unless the Deft. shall appear at the next Court & plead Elisha Harcum ......................................... Plt. ag.st In Case Stephen Chilton........................................ Def t. The Deft. not appearing. It is orderd that Judgment be enter’d for the Plt. agst him the said Deft and Thomas Gaskins Gent. Sherriff of this County 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 sd. Deft. shall appear at the next Court & plead Kendall Lee & Edward Kerr Admes. of George Kerr deced. .......... Plt. ag.st In Case Richard Nutt........................................ Def t. The Deft. not appearing. It is orderd that Judgment be enter’d for the Plt. agst him the said Deft and John Blackwell 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 sd. Deft. shall appear at the next Court & plead Andrew Edwards ......................................... Plt. ag.st In Case Elisha Harcum........................................ Def t. This day came the parties by their attornies & the sd. Def t. saving to himself all Advantage of Exception as well to the Plts Writ as Declaration Prays and has Leave to Impart till the next Court & then to plead. Page 216 13 September 1763 Barbee Davis......................................... Plt. ag.st In Case David Lattimore........................................ Def t. The Deft. not appearing. It is orderd that Judgment be enter’d for the Plt. agst him the said Deft & William Lattimore 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 sd. Deft. shall appear at the next Court & plead Moses Dawkins ......................................... Plt. ag.st In Case George Dameron........................................ Def t. Dismissed, being agreed by the parties David Galloway......................................... Plt. ag.st In Debt George Pitman........................................ Def t. The Deft. not appearing. It is orderd that Judgment be enter’d for the Plt. against him the sd Deft and Jesse Basye his Security for the debt in the Declaration mentioned & Costs unless the sd. Deft. shall appear at the next Court & plead Benjamen Cundiff ......................................... Plt. ag.st In Debt George Conway and John Adkins..................... Def t. John Heath of this County undertakes for the Def t. that in case he should be Cast in this Suit he the said Conway will pay the Condemnation of the Court or render his Body to prison in Execution for the same or that he the said John Heath will pay the said Condemnation or render the Body of the sd. Conway as aforesaid. And this suit with respect to Adkins the other Deft. is Dismissed. And the sd. Conway by his Attorney prays Oyer of the Bond in the Decl. mentioned which is granted him & the suit is Continued till the next Court. Elizabeth Thomas.................. Plt. ag.st In Case for Slander John Kirk........................................ Def t. This day came as well the Plt. by her attorney as the deft. in his proper person. And the sd. Def t. saith that he is not Guilty as in the Decl. against him is alledged & of this he puts himself upon the County & the Pl.t. likewise & the tryal of the Issue is refered. till the next Court. William Taylor......................................... Plt. vs. In Debt Charles Marsh........................................ Def t. The Deft. not appearing. It is orderd that Judgment be enter’d for the Plt. agst him the said Deft and Thomas Gaskins Gent. Sherriff of this County for the Debt. in the Declaration mentioned and Costs unless the sd. Deft. shall appear at the next Court & plead Page 217 13 September 1763 Hopkins Harding ......................................... Plt. ag.st In Trespass Peter Bean and John Hill............................... Def t. This day came the parties by their attornies, And the sd. Defts pary & have leave to imparte till he next Court & then to plead. William Bean......................................... Plt. ag.st In Case Martin Hill........................................ Def t. Robert Woddrop and George Conway of this County undertakes for the Def t. that in case he shall be Cast in this suit he the said Def t. will pay the Condemnation of the Court or render his Body to prison in Execution for the same or that they the said Robert and George will pay the said Condemnation or render the Body of the sd. Def t. as aforesaid Whereupon the said Def t. prays and has Leave to Impart till the next Court and then to Plead. Peter Haynie .................................. Plt. ag.st In Debt Smith Barrat and David Ball Junr...... Def t. The Defts. not appearing. It is orderd that Judgment be enter’d for the Plt. agst them the said Defts and William Barrett their Security for the Debt. in the Declaration mentioned and Costs unless the sd. Deft. shall appear at the next Court & plead Henry Berkley......................................... Plt. ag.st Upon a Writ of Sci: Hacias Stephen Chilton........................................ Def t. The Deft. having been duly warned & not appearing, It is Considered that the Plt. have Execution against him of the Ten pounds Debt and Seven hundred & forty one – pounds of Tobo. and fifteen Shillings or One hundred & fifty pounds of Tobo. Costs in the Writ aforesaid Specified, And also that he recover agst. the sd. Deft. his Costs by him in this behalf Expended, But this Judgment is to be Discharged by the payment of Three pounds fifteen Shillings with Interest on the same at the rate of 5% per annum to be Computed from the 20th day of July 1763 to the time of payment. And the Costs in this Suit& the former Judgement. Judgment on an order for Attendance is granted to Willoughby Lewis against William Dameron for Two hundred & Seventy five pounds of tobo. whichis order’d to be paid with Costs. Giles Webb......................................... Plt. ag.st In Debt William Webb............................ Def t. Abates, the Deft. being dead. Page 218 13 September 1763 Henry Ritchie............................ Plt. ag.st Upon a Writ of Sci: faices William Eskridge........................ Def t. This day came as well the Plt. by his attorney as the Deft. in his proper person. And the sd. Deft. saith that he cannot gainsay the Plts. action. Therefore it is consider’d that the Plt. have Execution against him for the Eleven pounds Nineteen Shillings Currt. money Two hundred and Sixty one pounds of tobo. and fifteen Shillings or one hundred & fifty pounds of tobo in the Writ afss’d specified And that he also recover against the sd. Deft. his Costs by him in this behalf expended. And the Plt. agrees to stay Execution till November next. Richard Kenner & Ab................................Compt. ag.st In Chancery Francis Kenner Admr. of William Kenner deced....... 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. Robert Clarke and Judy Clarke his wife................ Compt. ag.st In Chancery Eben Nelms & Ab......................................... Def t. Dismissed being agreed by the parties Elisha Harcum......................................... Plt. ag.st In Case William Greenwood........................................ Def t. Continued William Copedge is by the Court appointed Guardian to Elizabeth, Catherine and Sarah Basye Orphans of William Basye, he the sd. William Copedge together with John Heath and Charles Copedge his Securities having enter’d into & Acknowledged bond for the Estate of sd. Orphans in the Penalty of One thousand pounds. Spencer Corbell............................... Plt. ag.st In Case William Glascock Junr......................... Def t. Continued Elizabeth Williams............................... Plt. ag.st In Detinue Elijah Williams......................... Def t. Continued William Bailey........................... Plt. ag.st In Case Griffen Lewis........................... Def t. Continued Page 219 13 September 1763 David Galloway ......................................... Plt. ag.st In Case William Matthew Cralle & Anne his Wife admors. of William Edmonds deced........................................ Def t. This day came the parties by their attornies and thereupon came also a jury, to wit James Champion, Job Braughton, Giles Boggess, Henry Boggess, Griffin Fauntleroy, William Eskridge, Thomas Williams, Jonathen Edwards, Peter Haynie, Thomas Cotrell, Lewis Lamkin and Benjamen Waddy, who being Ellected tryed & sworn the truth to speak upon the issue Joined upon their oath do say that the sd. Edmunds in his life time did assume in manner & form as the Pl.t. ag.st. Him hath declar’d & they do assess the Pl.ts. damage by Occasion of the Nonperformance of that Assumption to Six pounds fifteen Shillings and Eleven pence Currt. money besides his Costs -- Therefore it is Considered by this Court that the Pl.t. recover ag.st. the sd. Def t. his Damages Aforesaid in form Aforesaid Assessed & his Costs by him in his behalf Expended to be levied of the goods and Chattles of the sd. William Edmunds in the hands of the sd. Deft. if so much thereof they have in their hands to be Adminstred And if they have not that then the Costs is to be Levied of the proper goods and Chattles of the sd. Defts. And the sd. Defts in mercy etc. Benjamen Northern Execor. of Thomas Lowther deced......... Plt. vs. In Debt Stephen Chilton........................................ Def t. This day came the parties by their attornies and thereupon came also a jury, to wit James Champion, Job Braughton, Giles Boggess, Henry Boggess, Griffin Fauntleroy, William Eskridge, Thomas Williams, Jonathen Edwards, Peter Haynie, Thomas Cotrell, Lewis Lamkin and Daniel Betts, who being Ellected tryed & sworn the truth to speak upon the issue Joined upon their oath do say that the deft. hath paid the Debt in the Declaration mentioned as he in pleading hath alledged Therefore it is Considered by this Court that the Pl.t. take nothing by his Bill byt for his false Clamour be in mercy etc. And that the Deft. go hence without day and recover against the Plt. his Costs by him about his defence in this behalf Expended. Ordered that Benjamen Northern Execor. of Thomas Lowther deced pay unto William Lancaster One hundred pounds of tobo. for four days Attendance at this Court as a witness for him against Stephen Chilton. Barbee Davis Produced an Account of the Estate of Taylor Gill orphan, which being Examined by the Court and Sworn to by the said Davis was orderd to be Recorded. Page 220 13 September 1763 Moses Lunsford, George Payne, Charles Fallen and Joseph Pope or any three of them are appointed to posess William Copedge with the Estate of Catherine Elizabeth and Sarah Basye orphans of William Basye deced in the hands of the Sd. William Copedge, as also to Settle and Divide the Estate of the sd. William Basye According to Law & make report thereof to the Court. Report of possessing Anne Burch with her Estate was this day returned & orderd to be recorded. On the motion of William Taite Gent. by his attorney against John Edmunds under Sherriff Judgment is granted him against the sd. Edmunds for One thousand and twenty four pounds of tobo and Seven Shillings and Six pence, which is to be paid out of the money in the sd. Edmunds hands arising from the sale of a Negro belonging to the Estate of Elijah Williams by virtue of a Judgment obtained by the sd. Taite at June Court Last & Costs with an Attornies ffee. Judith Kenner Widow and Ab. ................. Complt. ag.st In Chancery Winder Kenner Execor of Winder Kenner deced...... Def t. On the Defts. motion a Dedimus is granted him in this Suit. Absent Charles Fallen Gent. Elisha Betts Execor of Charles Betts deced....................... Plt. ag.st In Detinue Roston Betts........................................ Def t. This day came the parties by their attornies and thereupon came also a jury, to wit: James Champion, Job Braughton, Kenner Cralle, John Meath, Giles Boggess, Griffin Fauntleroy, Elias Edmunds, William Eskridge, Richard Thomas, Thomas Williams, Joseph Hurst and Jonathen Edwards,who being Ellected tryed & sworn the truth to speak upon the issue Joined upon their oath do say that the Deft. doth detain the Slaves in the Declaration mentioned, to wit: Thomas of the price of One hundred pounds, James of the price of One hundred pounds, Cate Slave of the price of One hundred pounds, Benjamen of the price of One hundred pounds, Samuel of the price of One hundred pounds, Solomon of the price of One hundred pounds, Moses of the price of One hundred pounds, Sarah of the price of one hundred pounds, Judith of the price of One hundred pounds, Lucy of the price of One hundred pounds Molly of the price of One hundred pounds, James of the price of One hundred pounds, and Ben of the price of One hundred pounds, in manner and form as the Pl.t. ag.st. Him hath declar’d, And they do assess the Pl.ts. damages by Occasion of the Plts. detaining the said Slaves to one penny besides his Costs, Whereupon the Deft. moved for a new tryall. & the Court being Divided therein. It is Considerd that the Plt. recover agst. the sd. Deft. the Slaves Aforesaid if they may be had, or the Value of them, or such of them, as may not be had Together with his damages aforesaid in form Aforesaid Assessed, And his Costs by him about his Suit in this behalf Expended, And the sd. Deeft. in mercy etc. Ordered the court be Adjourned till the second Monday in October next. John Foushee Page 221 13 September 1763 At a Court Held for Northumberland County the 10th day of October 1763 Present Spencer Ball Samuel Blackwell William Taite & Gent John Eustace Joseph McAdam Orderd that the Sheriff summon twenty four of the Most Capable Free’holders of this County to appear here on the Second Monday in November next to Serve as a Grand Jury of Inquest for the body of this County. A Commission from John Blair Esq: President to Newton Keene Gent. to be Sherriff of this County during Pleasure was Produced in court by the sd. Newton Keene And thereupon he together with Spencer Ball & William Taite Gent. his Securities enterd into and Acknowledged their Bond for the said Keene’s due performance of his Office which is ordered to be Recorded. And then the sd. Keene took & Subscribed the usual Oaths to his Majesties Person and Government & Subscribed the Test and also took the Oath of sherriff of this County& the Oath appointed by the Tobacco Law. Charles Copedge, John Edmunds and Pemberton Claughton, having taken the usual Oaths to his Majesties Person & Government & Subscribed to Abjuration Oath and Test were on the Motionof Newton Keene Gent. Sherriff of this County Sworn and Admitted his Under Sherriffs, And then the sd. Charles, John and Pemberton took the Oath appointed by the Tobacco Law. Deed from Charles James & Susannah his Wife of the one part to Joseph Nutt of the other part, with the Memo. of the Livery of Seizen thereon Indors’d was Acknowledged by the sd. Charles James & Admitted to Record. Previous to which the sd. Susannah being first Privately Examined freely relinquished her right of Dower in the Premises thereby Conveyed. Mathew Neale is by the Court appointed Guardian to William Harding Orphan of William Harding deced, he the sd. Neale together with William Eskridge and Samuel Eskridge his Securities having enterd into & Acknowledged bond for the Estate of the sd. Orpahn in the Penalty of L 1,000. Upon the motion of Elisha Betts it is order’d that execution Issue against Robert Clarke and Samuel Eskridge, upon a Bond enter’d into by the sd. Clarke & Eskridge. for part of the Estate of the said Clarke taken in Execution to Satisfie a Judgment obtained against the sd. Clarke by the Aforesd. Betts and restored with Costs. And that no security be taken the Obligors having had Ten days Notice hereof according to law. An Inventory, Appraisment & Account of Sales of the Estate of Francis Timberlake deced. was this day returned & Orderd to be Recorded. Page 222 10 October 1763 Thomas Gaskins, Thomas Edwards, Kendall Lee & George Dameron or any three of them are appointed to Settle the Accounts of the Estate of Francis Timberlake, deced & Possess the Several Legaties with their parts f the sd. Estate & make report thereof to the Court. The Last Will and Testament of John Smith deced. was Presented in Court by Anne Smith and John Smith the Exors. therein named who made oath thereto according to law and being proved by the oaths of John Corbell and Judith Hudnall Witnesses thereto was Admitted to Record & on the motion of the sd Executors Giving Security Certificate is granted them for obtaining a probate thereof in due form. Whereupon they together with James Conway and Thomas Airs their Securities enter’d into and Acknowledged their bond in the Penalty of One thousand pounds for their due & faithfull Administration of the Estate of the sd. Testator & and Performance of his Will. Orderd the Sherriff Summon John Adams to appear at the next Court, to answer the Petition of Anne Mayes. Present George Ball Gent. John Cole, John Corbell, Joseph Harcum and John Cockrill or any three of them are appointed to appraise on Oath in Current money, the Slaves, if any and Personal Estate of John Smith deced that Shall be Presented to their View &return an Inventory thereof to the next Court. Eben Nelms, William Nutt and James Conway are appointed to possess Hannah Hague with her part of her deced. father’s Estate in the hands of Richard Walker & make report thereof to the Court. Thomas Opie orphan of Lindsey Opie deced made Choice of William Eskridge for his Guard. who is approved of by the Court he the sd. Eskridge together with Joseph Dameron and James Daughity his Securities having enter’d into & ack’d. bond for the Estate of the sd. Orphan in the penalty of L 200. The Last Will and Testament of Rebecca Hudnall deced was Presented in Court by Joseph Hudnall on of the Exors. therein named who made oath thereto according to law and being proved by the oaths of John Barrett and Hannah Palmer two of the Witnesses thereto was Admitted to Record & on the motion of the sd Executor Giving Security Certificate is granted him for obtaining a probate thereof in due form. Whereupon he together with Samuel Eskridge and Henry Boggess his Securities enter’d into & Acknowledged their bond in the Penalty of L 400 for his due & faithfull Admon. of the Estate of the sd. Testator. and Performance of his Will. William Angell, Isaac Lunsford, Moses Lunsford, and George Barrott or any three of them are appointed to appraise on oath in Current money the slaves/if any/and personal Estate of Rebecca Hudnall deced that shall be presented to their View and Return an Inventory thereof to the next Court. Page 223 10 October 1763 Francis Garner having obtained an Attachment against the Estate of Benjamen Wales who is said to be absconded that common process Cannot be Served upon him for 33 shillings and nine pence Currt. money and the Sherriff having made return that he hath attached all the sd. Wales Estate Ten black Walnut planks and one Tumbler, also in the hands of Samuel Eskridge, Richard Claughton, jr. and Hannah Dollins & Summon’d them to appear as Garnishees, And they now appearing Declared as followith, to wit, the sd. Samuel Eskridge saith that he hath in his hands belonging to the sd. Wales two Casks, one Saddle and one Chizell, And the sd. Hannah Dollins that she hath in her Possession belonging tothte sd. Wales One Bed & furniture, Some Eathern Ware, Some Small boxes, one Grindstone, one iron pot Oen Jug with some brandy, one Do. with Some Moeasses, one quart bottle brandy One Midling box, One bag of Meal, Some pices of plank, two Axes & one Whip Saw. Whereupon the sd. Garner proving his demand to Just by his own Oath It is Consider’d by the Court that he recover agst the sd. Wales the sd. Thirty three Shillings and Nine pence together with his Costs, And it is orderd the Sheriff make Sale of the Attached Effects and the Effects in the hands of the sd. Ganishees according to Law & pay the produce thereof to the sd. Garner towards discharging this judgmt. Returning an Account of Such Sale to the Court, And that the sd. Saml. Eskridge pay to the sd. Garner the Sixteen pence in his hands. An Account of Sales of the Estate of Josias Elmore deced was this day return’d & order’d to be Recorded. Deed from Joseph Moore and Grace his Wife of the one part. To David Galloway of the other part, was Acknowledged by the sd. Joseph Moore & Admitted to Record Previous to which the sd. Grace being first Privately Examined freely Relinquished her right of Dower in the premises thereby Conveyed. Deed from John Bentley and Judith his Wife of the one part to David Ball Jr. of the other part, with the memo. of the Livery of Seizen thereon Indorsed was Proved by the Oaths of George Ball, Joseph Ball and Thomas Ball witnesses thereto. And Admitted to Record. Charles McCalley orphan of Charles McCalley deced is by the Court bound to John McCalley untill he arrives to the age of Twenty one years, In Consideration of which the said McCalley is to learn him the Trade of a Joyner & Carpenter. & also to provide for him such Necessaries as is by Law Required during the sd. Term, For the Performance of which the sd. John McCally together with William Taite his Security ack’d. themselves Indebted to the Justices now Setting in the Penalty of 6,000 lbs tobo. Page 224 10 October 1763 Thomas Jones Gent. is by the Court appointed to Settle the Accounts of William Taite’s Guardianship of the Estate of Thomas Opie Orphan of Lindsey Opie deced. & make report thereof to the Court An Account of the Outstanding Tobacco Remaining in Wicocomoco Warehouses amounting to 4934 lb. was this day returned & sworn to by William Barrett one of the sd. Inspectors. An Account of the Outstanding Tobacco Remaining in Indian Creek Warehouses amounting to 2100 lb. was this day returned & sworn to by Fortunatus Sydnor one of the Inspectors. Report of the repairs wanting at Indian Creek Warehouses was this day Returned & Order’d to be Recorded. On the motion of John Harvey. It is orderd that the Sherrif Summon David Lattimore to appear at the next Court to give an account of his Guardianship of the said Harvey. Daniel Betts is by the Court appointed Guardian to Peter Wilkins orphan of Thomas Wilkins deced. he the sd. Danile together with Ellis Harcum and Jesse Alexander his Securities having enter’d into & acknowledged bond for the Estate of the sd. Orphan in the Penalty of L500. Nicholas Hughlett, David Pickren and Thomas Cotrell are appointed to possess Daniel Betts with the Estate of Peter Wilkins orphan of Thomas Wilkins deced in the hands of Elisha Betts & make report thereof to the Court. John Kirkley who hath remained in prison upwards of Twenty days at the suit of Thomas Simpson, being brought into Court Delivered a Schedule of his Estate & made oath according to law in that case made & provided, Whereupon it is orderd that the sd. Schedule remain with the Clerk of this County. And that the Sherriff forthwith set the said Kirkley at Liberty. Jane, Molly and Frances Harding’s Orphan’s of William Harding deced made Choice of John Cralle Junr. for their Guardian who is approved of by the Court, he the sd. Cralle together with William Taite and Joseph Wildy his Securities having enter’d into and Acknowledged bond for the Estates of the sd. Orphans in the Penalty of L 600 George Dameron is by the Court appointed Guardian to Taylor Gill orphan of Ellis Gill deced. he the sd. Dameron together with David Ball Jr. and Richard Taylor his securities having enter’d into & acknowledged Bond for the Estate of the said Orphan in the penalty of L 1000. Page 225 10 October 1763 John Williams, Thomas Airs and John Corgell are appointed to possess George Dameron with the Estate of Taylor Gill orphan of Ellis Gill dece’d in the hands of Barbee Davis And make report thereof to the Court. An Account of the Outstanding Tobacco remaining in Coan Warehouse amounting to 6671 lb was this day returned & sworn to by the said Inspectors. Judgement upon petition is granted to Mungo Harvey against George Conway for Twenty nine Shillings and Nine pence due by Account which is orderd to be paid with Costs, and an Attornies ffee. Judgement upon petition is granted to Messrs. Hunter Campbell & Compa. against John Baysie for Three pounds ten Shillings and Seven pence half penny due by account which is orderd to be paid with Costs. Judgement upon petition is granted to Messrs. Hunter Campbell & Compa. against Martin Hill for forty six Shillings and three pence due by account which is orderd to be paid with Costs. Judgement upon petition is granted to Messrs. Hunter Campbell & Compa. against George Pitman for Three pounds three Shillings and three pence three farthings due by account which is orderd to be paid with Costs. The petition of Elizabeth Taylor against Rodham Neale is Dismissed the Deft. paying costs. On the motion of John Heath. It is orderd the Sherriff Summon John Basye to appear at the next Court to take Admon. of the Estate of Isaac Basye deced. Judgement upon Petition is granted to Robert Clarke against James Foushee for Forty six Shillings and three pence due by Bill which is orderd to be paid with Costs. Judgement upon petition is granted to Mary Lewis against William Greenstreet for Thirty shillings due by Bill which is order’d to be paid with interest on the same at the rate of 5 % per annum to be Computed from the first day of May 1763 till paid and Costs. Judgement upon petition is granted to Thomas Airs against John Swift for One hundred & thirty pounds of tobo. and Thirty shillings & eleven pence due by Account which is orderd to be paid with Costs. Judgement upon petition is granted to William Kennan aginst Samuel Eskridge for Fifty three Shillings and Six pence due by Acocunt which is order’d to be paid wiht Costs The petition of William Kennan agains Richard Glascock is Continued til next Court at the Defts. Costs. Page 226 10 October 1763 A Deed from John Doxey and Elizabeth his Wife of the one part To Joseph Bates of the other part. with the Memorandum of the Livery of Seizen thereon Indorsed was Acknowledged by the sd. John Dorsey and Admitted to Record, Previous to which the sd. Elizabeth being first Privately Examined freely Relinquished her right of Dower in the premises thereby Conveyed. An Inventory and Appraisment of the Estate of Thomas Sims deced was this day returned & orderd to be Recorded. On the motion of William Greenwood by his attorney against his late Servt. Sinah Scallion, It is ordered that George Ball and Joseph McAdam Gent take the Deposition of Jane Mott. And it Case it appear’s that the sd. Sinah is not of lawful age that she then Serve the sd. Greenwood according to Law. James Lamkin......... Plt. ....................Same........................William Trussell . Plt v In Case v Slander In Case William Trussell...... Def t..................Same.....................James Lamkin......... Deft The parties having by a rule of Court Submitted all matters in Difference between them in these suits to the final Determination of Newton Keene Robert Clarke and Samuel Eskridge and agreed that their 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 “In Obedience to an order of the above sd. County court appointing us the “Subscribers to Settle and Determine Sundry Suits now Depending or “undetermined between James Lamkin and William Trusslell as well in regard “to their several Accounds as a Certain Slander with which the sd. Trussell is “Charged by the sd. Lamkin. In Consideration whereof we the Subscribers after “having Mutually Considerd the Several papers & Evidences to us produced as “also the allegations of each party, are of Opinion that the Aforesd action “for Slander Should abate each party paying his own expenses. And as “Touching the Several Accounts between the sd. Parties Subsisting we are of “Opinion that the sd. Trussell is Indebted to the sd. Lamkin eleven pounds “Seven Shillings and ten pence Currency Given under our hands this 10th “day of October 1763. Richard Creele a Witness for Lamkin 1 day & Newton Keene, Rob. Clarke, Sam Eskridge 150 miles travelling & 5/3 ferriages. Whereupon it is considered by the Court that the sd. Lamkin recover against the sd. Trussell the sd. Eleven pounds Seven Shillings and ten pence in the Award mentioned And his Costs by him about his suit in that behalf Expended. Page 227 10 October 1763 Judgement upon petition is granted to Messrs. Hunter Campbell & Compa. agst. Benjamin Bussell for Forty six Shillings and Seven pence farthing with Lawfull Interest thereon to be computed from the 20th day of May 1763. till Payment, which is order’d to be paid with Costs. Judgement upon petition is granted to Messrs. Hunter Campbell & Compa. against Ewell Alexander for Forty six Shillings and Six pence half penny with Lawfull Interest thereon to be computed from the 14th day of August 1763. till Payment, which is order’d to be paid with Costs. Judgement upon petition is granted to Messrs. Hunter Campbell & Compa. agst. Jesse Bryant for Thirty four Shillings and one penny half penny wth Lawfull Interest thereon to be computed from the 16th day of July 1763. till Payment which is order’d to be paid with Costs. Judgement upon petition is granted to Messrs. Hunter Campbell & Compa. agst. Jessee Pitman for Forty three Shillings and four pence half penny. with Lawfull Interest thereon to be computed from the 19th day of May 1763 till Payment which is order’d to be paid with Costs. Judgement upon petition is granted to Messrs. Hunter Campbell & Compa. agst. Mathias Self for Twenty three Shillings & four pence half penny. with Lawfull Interest thereon to be computed from the 20th day of December 1760 till Payment which is order’d to be paid with Costs. Judgement upon petition is granted to John Kennedy against Mathias Self for Thirty Shillings and Eleven pence half penny due by Account which is orderd to be paid with Costs. Judgement upon petition is granted to John Kennedy against Leroy Oldham Exect of Tarpley Oldham deced for Three Pounds Eighteen Shillings and one penny due by Account which is orderd to be paid with Costs. Judgement upon petition is granted to John Kennedy against Pinuel Bussell for Twenty five Shillings and Six pence due by account which is orderd to be paid with Costs. Judgement upon petition is granted to John Kennedy against Thomas Bryant for Three pounds fifteen Shillings and four pence due by Account which is orderd to be paid with Costs. It is ordered that Robert Sibbalds be find according to Law for not keeping his Mill in Repair. Page 228 10 October 1763 The petition of John Irons against Joseph Hurst is Dismissed John Kenedy......................................... Plt. vs In Case Katherine Bearcroft............................... Def t. This day came as well the Pl.t. by his attorney as the Def t. in her proper person Who together with William Taite Gent. and Patrick Mealey her Securities Acknowledges the Plts. Action for Eight pounds Seven Shillings and three pence. Therefore (with the Plts. assent) it is considered bythe Court that he recover agst. the sd. Defendt. and the sd. William Taite & Patrick Mealey the sd. Eigtht pounds, Seven Shilliings and three pence together with his Costs by him in this behalf Expended. & the sd. Deft. in mercy etc. Judgment upon petition is granted to Peter Bean against Walter Jameson for fifty two Shillings and Six pence due by Accot. Which is orderd’ to be paid with Costs Judgement upon petition is granted to Owen Fluker against Thomas Gil??? Moses Oldham for forty eight Shillings which is ordered to be paid with lawful interest thereon to be Computed from the 10th day of September 1763 till the time of payment and Cost with an Attornies. William Angell Security for the Plts. Costs. Judgement upon petition is granted to Owen Fluker against Moses Garner & Edward Garner for Forty seven Shillings, which is ordered to be paid with lawful interest thereon to be Computed from the 10th day of September 1763 till the time of paymt & Costs with an Attornies ffee. William Angell Security for the Plts. Costs. Judgement upon petition is granted to Owen Fluker against Peter Bean & Stephen Swanson for twenty seven Shillings & six pence Which is ordered to be paid with lawful interest thereon to be Computed from the 10th day of September 1763 till the time of payment & Costs with an Attornies ffee; William Angell Security for the Plts. Costs. Joseph Ball Execor of William Haynie ........................................ Plt. ag.st In Debt. Ellis Gill ........................................ Def t. This day came the Plt. by his attorney. And the sd. Deft. saith that he cannot gainsay the Plts. Action. Therefore it is Considered by the Court that the Plt. recover agst. the sd. Deft. the Debt in the Declaration mentioned amounting to 518 lbs. tobo. and L 5..14..7 Curt. money together with his costs by him in this behalf Expended And the said Deft. in mercy etc. But this Judgement Page 229 10 October 1763 Owen Fluker ......................................... Plt. ag.st In Debt John Taylor and James Templeman......... Def ts. This day came the Plt. by his attorney. And the sd. Defts. saith that they cannot gainsay the Plts. Action. Therefore it is Considered by the Court that the Plt. recover agst. the sd. Defts. the Debt in the Declaration mentioned amounting to L 8..16..6 Curt. money together with his costs by him in this behalf Expended And the said Defts. in mercy etc. But this Judgement (the costs excepted) is to be Discharged by the payment of four pounds Eight Shillings and three pence with Interest on the same at the rate of 5 pct. per annum to be computed from the 10th day of September 1763 till payment, William Angell Security for the Plts. Costs. Owen Fluker ......................................... Plt. ag.st In Debt James Templeman and John Smither......... Def ts. The Defts not appearing. It is ordered that Judgment be entered for the Plt. agst. them the sd. Defts. and Thomas Gill Jr. their Securities for the Debt in the Declaration mentioned & costs, unless the sd. Defts Shall appear at the next Court and Plead. William Angell Security for the Plts. Costs. William Taite Gent. produced in Court an Account of his Executorship of the Estate of John West deced. which being Examined by the Court & Sworn too by the sd. Taite was orderd’ to be Recorded. On the Petition fo William Lancaster and John Corbell Against Judith Blundall for Counter Security on the Estate of Elijah Blundall deced. It is orderd that the Sheriff Summon her to appear at the next Court to answer the same. Orderd that Joseph Hurst pay unto Thomas Dameron Twenty five pounds of tobo. for one days Attendance at this Court as a Witness for him at the Suit of John Irons. Orderd that Joseph Hurst pay unto James Champion Twenty five pounds of tobo. for one days Attendance at this Court as a Witness for him at the Suit of John Irons. Orderd that Joseph Hurst pay unto Rodham Lunsford Twenty five pounds of tobo. for one days Attendance at this Court as a Witness for him at the Suit of John Irons. Orderd that Joseph Hurst pay unto William Lattimore Twenty five pounds of tobo. for one days Attendance at this Court as a Witness for him at the Suit of Joseph Hurst Hopkins Harding ........................................ Plt. ag.st In Trespass Peter Bean & John Hill...................................Def t. On the Plts. motion a Dedimus is granted him to take Depositions in this Suit Page 230 10 October 1763 Ordered the Court be Adjourned till Tomorrow morning 10 o’Clock Spencer Ball At a Court Continued & Held for Northumberland County the 11th day of October 1763 Present Spencer Ball John Eustace John Ball & Gent. Justices William Taite Charles Fallen Messrs. Hunter Campbell & Coma.......................................... Plt. ag.st In Debt William Taylor ........................................................ Def t. Dismissed by Consent of Parties Defendt. paying costs John Kennedy.......................................... Plt. ag.st In Case William Taylor ........................................................ Def t. Dismissed by Consent of Parties Defendt. paying costs John Tarpley.......................................... Plt. ag.st Upon a Writ of Sciri ffacias Newton Keene & Robert Clarke............. Def t. This day came as well the Plt. by his attorney as the Defts. in their proper person. And the sd. Defts pray Oyer of the Record in the Sciri ffacias mentioned which is granted them & the Suit is continued till next Court. William Greenwood ......................................... Plt. ag.st Upon a Writ of Sciri ffacias John Wyatt........................................ Def t. This day came the parties by their attornies. And the Deft.prays Oyer of the Record in the Sciri ffacias mentioned which is granted them & the Suit is continued till next Court. John Kennedy ......................................... Plt. v In Case Reuben Bush............................. Def t. The Deft not appearing. It is ordered that Judgment be entered for the Plt. agst. him the said Deft. and Thomas Brown 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 Deft. shall appear at the next Court and Plead. Page 231 11 October 1763 John Kennedy ......................................... Plt. ag.st In Case Margaret Crosfield........................................ Def t. William Baylie of this County undertakes for the Deft. that in Case she shall be Cast in this Suit She the sd. Deft. will pay the condemnation of the court or render her body to prison in Execution for the same, or that he the sd. William Baylie will pay the said condemnation or render the body of the sd. Deft. as Aforesaid, Whereupon the sd. Deft. prays and hath leave to imparte till the next court & then to plead. John Kennedy ......................................... Plt. ag.st In Case John Cralle........................................ Def t. The Deft not appearing. It is ordered that Judgment be entered for the Plt. agst. him the said Deft. and Abraham Beacham 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 Deft. shall appear at the next Court & Plead. John Kennedy ......................................... Plt. ag.st In Debt Rodham Neale........................................ Def t. The Deft not appearing. It is ordered that Judgment be entered for the Plt. against him the said Deft. and William Taite Gent. 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 sd. Deft. shall appear at the next Court & Plead. John Kennedy ......................................... Plt. ag.st In Debt Rodham Neale........................................ Def t. The Deft not appearing. It is ordered that Judgment be entered for the Plt. against him the said Deft. and William Taite Gent. his Security for the Debt in the Declaration mentioned and costs unless the said Deft. shall appear at the next Court & Plead. Messrs. Hunter Campbell & Coma.......................................... Plts ag.st In Debt William Cole ........................................................ Def t. The Deft not appearing. It is ordered that Judgment be entered for the Plts. against him the said Deft. and John Butler & Robert Sibbalds his Securities for the Debt in the Declaration mentioned and costs unless the said Deft. shall appear at the next Court & Plead. Messrs. Hunter Campbell & Coma.......................................... Plts ag.st In Debt John France ........................................................ Def t. This day came as well the Plts. by their attorney as the Deft. in his proper person. And the sd. Deft together with William Bailey his Security acknowledges the Plts. action Therefore it is considerd by the Court that the Plts. recover against the sd. Defts. and the sd. William Bailey the Debt in the Declaration mentioned amounting to L 11..11..12 Currt. money together with their Costs by them in this behalf Expended. And the said Deft in mercy etc. But this Judgement (the Costs Excepted) is to Discharged Page 232 11 October 1763 by the payment of Five pounds Fifteen Shillings and Six pence three farthings with Interest thereon to be computed from the 9th day of April 1763. at the rate of 5 percent per annum till the time of payment & the Plts. agree to stay Execution three months. Messrs. Hunter Campbell & Coma.......................................... Plts ag.st In Debt Francis Vanlandingham ........................................................ Def t. The Deft not appearing. It is ordered on the motion of the Plts. by their attorney that an attachment Issue against the Defts. Estate for Thirty four pounds, Eight Shillings and Six pence and Costs returnable to the next Court. Messrs. Hunter Campbell & Coma.......................................... Plts ag.st In Debt Isaac Richardson ........................................................ Def t. The Deft not appearing. It is ordered that Judgment be enterd for the Plts. against him the sd. Det. and Thomas Gaskins Gent. Sheriff of this County for the Debt in the Declaration mentioned and Costs. unless the sd. Deft. shall appear at the next Court and plead Messrs. Hunter Campbell & Coma ......................................... Plt. ag.st In Debt George Rice........................................ Def t. John Christopher of this County undertakes for the Deft. that in Case she shall be Cast in this Suit he the sd. Deft. will pay the condemnation of the court or render his body to prison in Execution for the same, or that he the sd. John Christopher will pay the sd. condemnation or render the body of the sd. Deft. as Aforesaid, Whereupon the sd. Deft. prays Oyer of the writing Obligatory in the Declaration mentioned, which is granted him & the Suit is continued till the next court. Messrs. Hunter Campbell & Coma.......................................... Plts ag.st In Debt Elias Lowry ........................................................ Def t. This day came as well the Plts. by their attorney as the Deft. in his proper person. & the sd. Deft saith that he cannot gainsay the Plts. action. Therefore it is consider’d by the Court that the Plts. recover against the sd. Defts. the Debt in the Declaration mentioned amounting to L 8..12..5 Currt. money together with their Costs by them in this behalf Expended. And the said Deft in mercy etc. But this Judgement (the Costs Excepted) is to be Discharged by the payment of Four pounds Six Shillings and two pence half penny with Interest on the same at the rate of 5 per cent per annum to be Computed from the 7th day of June 1763, till the time of payment, and the Plts. agree to stay Execution till Christmas next. Messrs. Hunter Campbell & Coma.......................................... Plts ag.st In Debt John Waters ........................................................ Def t. The Deft not appearing. It is ordered that Judgment be enterd for him the sd Deft. and Thomas Brown his security for the Debt in the Declaration mentioned and Costs. unless the sd. Deft. shall appear at the next Court and plead Page 233 11 October 1763 Messrs. Hunter Campbell & Coma ......................................... Plt. ag.st In Debt Benjamin Waddy....................................... Def t. John Edmonds of this County undertakes for the Deft. that in Case he shall be Cast in this Suit he the sd. Deft. will pay the condemnation of the court or render his body to prison in Execution for the same, or that he the sd. John Edmonds will pay the sd. condemnation or render the body of the sd. Deft. as Aforesaid, Whereupon the sd. Defend’ saith that he cannot gainsay the Action of the Plts. Therefore it is considerd by the Court that the Plts. recover agst. the sd. Deft. the Debt in the Declaration mentioned amounting to One hundred and twenty nine pounds five Shillings and Eight pence Currt. money together with their Costs by them in this behalf Expended. And the sd. Deft in mercy etc. But this Judgement (the costs Excepted) is to be Discharged by the payment of Sixty four pounds twelve Shillings & ten pence with Interest on the same at the rate of 5 per cent per Annum to be Computed from the first day of July 1761 till the time of payment, And the Plts agree to Stay Execution till the first of April next. Parish Garner......................................... Plt. ag.st In Debt Giles Boggess and Newton Keene............ Def t. Samuel Eskridge this County undertakes for the Deft. that in Case he shall be Cast in this Suit he the sd. Boggess will pay the condemnation of the court or render his body to prison in Execution for the same, or that he the sd. Saml. Eskridge will pay the sd. condemnation or render the body of the sd. Deft. as Aforesaid, Whereupon both the sd. Defts pray & have leave to imparte till the next Court & then to plead. Parish Garner......................................... Plt. ag.st In Debt Charles Lamkin & John Beacham............ Def t. The Deft. Lamkin having no Residence in this County this Suit with respect to him is Discontinued. And William Bailey of this County undertakes for the Deft. Beacham that in Case he shall be Cast in this Suit he the sd. Deft. will pay the condemnation of the court or render his body to prison in Execution for the same, or that he the sd. William Bailey will pay the sd. Condemnation or render the body of the sd. Deft. as Aforesd’, Whereupon the sd. Deft. by his attorney prays & hath leave to imparte till the next Court & then to plead. Page 234 11 October 1763 Thomas Gaskins Gent............................................... Plts ag.st In Case George Harvey... ........................................................ Def t. Samuel Eskridge of this County undertakes for the Deft. that in Case he shall be Cast in this Suit he the sd. Deft. will pay the condemnation of the Court or render his body to prison in Execution for the same, or that he the sd. Saml. Eskridge will pay the said condemnation or render the body of the sd. Deft. as Aforesd’, Whereupon the sd. Deft by his attorney prays & hath leave to imparte till the next Court & then to plead. William Doggett............................................... Plts ag.st In Case Elias Edmunds... ........................................................ Def t. This day came the parties by their attornies, And the sd. Deft. prays & hath Leave to Imparte till the next Court & then to plead. William Cole ............................................... Plts ag.st In Case for Slander Allen Long Shiverell and Winefred his Wife......... Def ts The Defts. not appearing. It is ordered that Judgment be enterd for the Plt. against them the sd. Defts. and Thomas Gaskins Gt. Sheriff of this County for what damages is Shall appear the Plt. hath Sustained by the occasion in the Declaration mentioned to be Assertained by a Jury unless the Defts. Shall appear at the next Court and plead. Benjamin Waddy having obtained an Attachment against the Estate of William Sullivant who is said to be Absconded that common process Cannot be Served upon him for Five pounds Sixteen Shillings and eight pence Currt. money. And the Sherriff of this County having made return that he had attached one sloop in the hands of John Webb as also in the hands of George Blewford and summoned them to appear as Garnishees. And the sd. Blewford by note declared that he was Indebted tot he said Sullivant Thirty seven Shillings. Whereupon the sd. Waddy proving his demand to be Just. It is Considerd that he recover agst. the sd. Sullivant the aforesd. Five pounds sixteen Shillings and eight pence together with his costs by him in this behalf Expended. And it is ordered the sd. Blewford pay to the sd. Waddy the said Thirty seven Shillings in his hands. And it appearing to the Court upon the Examination of John Webb the other Garnishee that One half of the sd. Sloop is the Property of the said Sullivant, but that the sd. Sullivant is Indebted to the sd. Webb On which it is orderd that the Sheriff make Sale of the one half of the sd. Sloop according to law, And that the sd. Webb make up his Account to the next Court agst. the sd. Sullivant, And also that due return be made of the Sale of the said to the next Court. Page 235 11 October 1763 John Ashburn orphan of Peter Ashburn deced made Choice of John Christopher for his Guardian who is approved of by the Court he the said Christopher together with George Conway and William Bailey his Securities having enter’e into & Acknowledged bond for the Estate of the sd. Orphan in the Penalty of L 500. Messrs. Hunter Campbell & Coma ......................................... Plt. ag.st In Debt Robert Short....................................... Def t. The Deft. not being Arrested, it is orderd on the motion of the Plts. by their attorney that an Alias Capias Issue agst. him Returnable to the next Court. David Galloway....................................................... Plt. ag.st In Case Christopher Neale Admr.of N. Hudnall Deced......... Def t. This day came the parties by their attornies. And the sd. Deft. prays and hath leave to imparte till the next Court & then to plead. Thomas Gill...................................................... Plt. ag.st In Case Beverly Keeve...................................... Def t. This day came the parties by their attornies. And the sd. Deft. prays and hath leave to imparte till the next Court & then to plead. Benjamin Waddy...................................... Plt. ag.st In Trespass on the Case George Blewford........................................ Def t. The Deft not appearing. It is ordered that Judgment be enterd for him the Plt. agst. him the said Deft. and Cuthbert Ellistone his Security for what Damages it shall appear the Plt. hath Sustained by the Occasion in the Declaration mentioned to be Assertianed by a Jury unless the sd. Deft shall appe3ar at the next Court and plead William Rice, John Hughlett and William Thomas Junr. are by the Court appointed to possess John Christopher with the Estate of John Ashburn orphan of Peter Ashburn deced. in the hands of John Tingle & make report thereof to the Court. Judgement upon Petition is granted to Edmund Dameron against Robert Smee for Two pounds Sixteen Shillings and three pence due by Accot. which is orderd to be paid with Costs. Page 236 11 October 1763 Ordered that Edward Dameron pay unto Stephen Swanson Twenty five pounds of Tobacco for one days attendance at this Court as a Witness for the sd. Dameron agst. Robert Smee Judgment upon petition is granted to John Corbell against William Greenwood for five pounds Currt. money due by Accot. which is orderd to be paid with Costs. Ordered that John Corbell pay unto William Corbell Twenty five pounds of Too. for one days Attendance at this court as a Witness for him agst. William Greenwood. The attachment obtained by Messrs Hunter Campbell & Coma. against the Estate of William Sullivant is Continued till the next Court. The Attachment obtained by Peter Chapman agst. the Estate of William Sullivant is Continued till the next Court. Richard Thomas having obtained an Attachment against the Estate of Thomas Ayliff who is said to be absconded that common process Cannot be Served upon him for eight hundred and twenty four pounds of tobo. And the Sherriff having made Return that he had attached of the sd. Aliffs Estate four head of cattle and One Tumbler Cart and Wheels. Whereupon the sd. Thomas proving his Demand to be Just It is Considerd that he recover agst. the sd. Ayliff the said eight hundred and twenty four pounds of tobo. together with his costs by him in this behalf expended And it is ordered that the Sherriff make Sale of the Attached Effects according to law and pay the Produce thereof to the Plt. towards Discharging this Judgment. Returning an Account of such Sale to the Court. On the petition of Edwin Farned and George Rice against James Tingle for Counter Security of the Estate of Peter Ashburn deced. It is order’d the Sheriff Summon the said Tingle to appear at the next Court to answer the same. The Attachment obtained by Frances Webb against the Estate of William Glascock is Continued till the next Court at the Plts. Costs. The petition of Edward Shepherd against Sarah Anne Hack Admr. of Peter Spencer Hack deced. is Continued till the Next Court at the Plts. Costs By Consent of Judith Blundall, James Daughity, John Williams & James Sims are appointed to possess William Lancaster and John Corbell with the Estate of Elijah Blundall decd. in the hands of the sd. Judith & make report thereof to ye Court An Indenture of Feoffment from William Eskridge and Betty his Wife of the one part To George Harvey of the other part, with the Memo. of the Livery of Seizen & the Receipt thereon Indorsed was Acknowledged by the sd. William Eskridge & Admitted to Record. Page 237 11 October 1763 An Indenture of Feoffment from George Harvey and Elizabeth his wife of the one part To William Eskridge of the other part, with the Memo. of the Livery of Seizen And the Receipt thereon Indorsed was Acknowledged by the sd. Geo. Harvey & Admitted to Record. Joseph Ball ......................................... Plt. ag.st In Debt James Templeman........................................ Def t. This day came as well the Plt. by his attorney as John Webb the Defts Security by his Attorney. And the sd. Webb saith that the Deft. hath paid the Debt in the Declaration mentioned. And this he prays may be Inquired of by the County And the Plt. in like manner, whereupon the tryall of the issue is Refferrd. till the next Court. Peter Haynie ......................................... Plt. ag.st In Debt Smith Barrett & David Ball Junr.............................. Def t. The Deft not appearing. It is ordered that the Conditional Judgment Obtained against them and William Barrett their Security at the last Court be Confirmed And it is Considered by the Court that the Plt. recover against the sd. Defts. and the said William Barrett the Debt in the Declaration mentioned amounting to Twenty four pounds 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 Three pounds two shillings and eight pence with Interest on the same at the rate of 5 per cent per annum to be Computed from the 10th day of October 1763 till the time of payment. William Taylor ......................................... Plt. ag.st In Debt Charles Marsh........................................ Def t. The Deft not appearing. It is ordered that the Conditional Judgment Obtained agst. them and Thomas Gaskins Gent. Sherriff of this County at the last Court be Confirmed And it is Considered by the Court that the Plt. recover against the sd. Defts. and the said Thomas Gaskins the Debt in the Declaration mentioned amounting to Nineteen hundred pounds of Crop Tobo. and Casks 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 Nine hundred and fifty pounds of Crop tobo. and Cask with Interest on the same at the rate of 5 per cent per annum to be Computed from the 24th day of December1762 till the time of payment. Page 238 11 October 1763 David Galloway ......................................... Plt. ag.st In Debt George Pitman........................................ Def t. The Deft not appearing. It is ordered that the Conditional Judgment Obtained against him and Jessie Baysie 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 Jesse Baysie the Debt in the Declaration mentioned amounting to L 16..9..6 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 Eight pounds four Shillings and Nine pence Currt. money with Interest on the same at the rate of 5 per cent per annum to be Computed from the first day of June 1763 till the time of payment Barbee Davis ........................................ Plt. ag.st In Debt Richard Nutt........................................ Def t. The Deft not appearing. It is ordered that the Conditional Judgment Obtained against him and John Blackwell 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 John Blackwell the Debt in the Declaration mentioned amounting to Eleven pounds 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 Five pounds Seventeen Shillings and four pence three farthings Interest on the same at the rate of 5 per cent per annum to be Computed from the 22nd day of June 1763 till the time of payment David Galloway ......................................... Plt. ag.st In Case Henry Christopher........................................ Def t. Robert Clarke of this County undertakes for the Deft. that in Case he shall be Cast in this Suit he the sd. Deft. will pay the condemnation of the Court or render his body to prison in Execution for the same, or that he the sd. Robert Clarke will pay the sd. condemnation or render the body of the sd. Deft. as Aforesd’, Whereupon the sd. Deft saith that he did not Assume in manner and form as the Plt. against him hath Declared And this he prays may be Inquired of by the County. and 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 deced ....... Plt. vs. In Case Richard Nutt.......................................................................... Def t. The Deft not appearing. It is ordered that the Conditional Judgment Obtained agst. him and John Blackwell his security at the last Court be Confirmed. And that a writ of Enquiry of Damages be Executed at the next Court. Page 239 11 October 1763 Barbee Davis ......................................... Plt. ag.st In Case David Lattimore........................................ Def t. The Deft not appearing. It is ordered that the Conditional Judgment Obtained agst. him and William Lattimore his security at the last Court be Confirmed. And that a writ of Enquiry of Damages be Executed at the next Court. Lindsey Opie, Griffin Fauntleroy and Job Braughton are appointed to possess George Harvey who Intermarried with the Widow of Rodham Kenner Cralle Deced, with his said Wife’s Thirds of the said Cralle’s Estate in the hands of William Eskridge Exect. of the sd. Rodham Kenner Cralle Deced. & make report thereof to the Court. Mathew Neale, William Eskridge, Lindsey Opie and Thomas Brown or any three of them are appointed to View the road Leading in Cherry Point, Petitioned to be turn’d by Thomas Jones, And Report the Conveniency & Inconveniency thereof on Oath to the Court. John Brown ......................................... Plt. ag.st In Case William Kennan........................................ Def t. This day came the parties by their attornies, And thereupon Came also a jury, to wit. John Blackwell, John Heath, Barbee Davis, Benjamen Waddy, John Webb, Thomas Williams, Giles Boggess, Daniel Betts, Beverly Keeve, George Conway David Ball Junr. and Peter Haynie who being Elected tryed and Sworn as well to Enquire of Damages in this Suit as to try the Several Issues Joyned in the sd. Suit upon their Oath do say, That the Plt. hath Sustained Damage on the Writ of Enquiry to the amount of Eight pounds ten Shillings, And that the Deft. did Assume as to the goods in the Declaration mentioned, for the Nonperformance of which Assumption they do assess the Plts. damage to Four pounds three Shills. and two pence, And as to the other Issues they say that the Deft. did not Assume Therefor it is Considered by the Court that the Plt. recover against the said Deft. his Damages Aforesaid (Amounting in the whole to Twelve pounds thirteen Shillings and two pence) in form aforesaid. And his Costs by him in this behalf Expended. And the sd. Deft. in mercy etc. From which Judgment the said Deft. prayed an Appeal to the Eleventh day of the next General Court. And having given bond with Security to Prosecute his Appeal is Allow’d. Ordered that John Brown pay unto William Hartley Eighty six pounds of tobo. for two days Attendance at this Court & for Coming & Returning Twelve miles Once as a Witness for the said Brown against William Kennan Page 240 11 October 176 Additional Comments: Pasted through automated forms by file manager from CD submission. File at: http://files.usgwarchives.net/va/northumberland/court/17621766526gwl.txt This file has been created by a form at http://www.genrecords.org/vafiles/ File size: 103.4 Kb