Court Order Minutes, 1821 - Rockbridge Co. VA


Courthouse
Deed Book "I" 

Note: these court minutes are found in Deed Book "I". The first 66 pages of the book are 
numbered and contain deeds, following are a few blank pages, and then begin the court minutes, 
and are non-numbered pages. Page numbers beginning at (1) are assigned to each page, in order 
to give a reference point should the actual book need to be referred to.   

						(1)

At a Superior court of Law held for Rockbridge county at the courthouse on Monday the tenth day 
of September in the year 1821 and in the 46th year of the commonwealth.
   Present the Honorable Archibald Stuart one of the judges of the General Court.

Andrew Alexander (foreman), Samuel Willson, James Campbell, Samuel Patterson, John Withrow, 
Hugh Stuart, Isaiah McBride, Joseph McClung, Thomas Dixon, Robert Templeton, John Templeton, 
William Paxton, Elisha Paxton, John Donihoo, James Greenlee, John McCleland, Joseph Blair, 
Robert Willson, Archibald Lyle and William B. Donald were sworn a grand jury of inquest for the 
body of this county, and having received their charge, retired and after sometime returned into 
court with an Indictment against Samuel R. Moore for an assault and battery a true bill, also 
an Indictment against Andrew Hayslet for an assault and battery a true bill, also the following 
presentments to wit, "Superior Court of Law for Rockbridge county. The grand jury for the body 
of the county aforesaid duly impanneled and sworn do on their oaths make the following 
presentments-
  We present the surveyor of that portion of the public road leaving from James Crawford's 
still house in said county of Rockbridge, to the fork of the road that leads to Lindsey's mill 
in said county, for not keeping the same in lawful repair within six months last past, and for 
suffering a fence partly built on said road to remain thereon from the 1st day of July till the 
1st day of August last past, upon the information of John McCleland and Hugh Stuart two of our 
own body-
  We present the surveyor of that portion of the public road leading from the fording of the 
North river near Mrs. Lyles to Major David Templeton's in said county of Rockbridge for not 
keeping the same in lawful repair within six months last past, on the information of William 
Paxton and Elisha Paxton two of our own body, signed, Andrew Alexander.
  And the grand jury having nothing further to present and the attorney for the commonwealth no 
other matters to lay before them they were discharged.

  Ordered that process issue according to law against the several persons this day indicted and 
presented, returnable here at the next term.

The commonwealth, Plaintiff, 
against 
Henry Swisher and Jacob Swisher, defendants, 
Upon a bond taken for the forthcoming and delivery of property at the day of sale upon an 
execution sued out of this

						(2)

 court by the plaintiff against the defendant Henry Swisher.
  This day came the attorney prosecuting for the commonwealth and the defendants having had 
legal notice of this motion, were solemnly called but came not: therefore it is considered by 
the court that the commonwealth recover against the defendants thirty two dollars and eighty 
eight cents, the penalty of said bond, and also her costs by her in this behalf expended, and 
the said defendants in mercy &c. But this Judgement is to be discharged by the payment of 
sixteen dollars and forty four cents, with interest thereon to be computed after the rate of 
six per centum per annum from the 28th day of May 1821 until payment and costs.

The commonwealth, plaintiff, 
against 
Samuel McCorkle, defendant, 
Upon an information for failing to erect an index &c.
  This day came as well the attorney for the commonwealth as the defendant by his attorney, and 
thereupon came a jury to wit; Samuel Willson, Henry Borden, Andrew Harper Jr., William Wallace, 
John Torbet, Andrew Walkup, Samuel T. Chandler, Hugh Adams, William Lucas, Thomas Kirkpatrick, 
John Hagan and Ezra Holbrook who being elected tried and sworn the truth to speak upon the 
issue joined. Upon their oath do say that the defendant is not guilty in manner and form as in 
the information is charged against him, therefore it is considered by the court that the 
commonwealth take nothing by her bill, and that the defendant go thereof without day.

John McCluer, demandant, 
against 
William Cunningham, tenant, 
On a writ of right.
  The defendant being dead, on the motion of the plaintiff by his attorney a scire facias is 
awarded him returnable here the next term to revive this suit against Nancy Cunningham, Sally 
Cunningham, John M. Cunningham, Eliza Cunningham, Paulina Cunningham and Patsy Cunningham 
infant heirs of the defendant.

The commonwealth, plaintiff 
against 
Strother L. McElhany, defendant, 
Upon an indictment for as assault and battery on John Caskey.
  By consent as well of the attorney prosecuting for the commonwealth as of the defendant in 
proper person, with the assent of the court, It is considered that this indictment be dismissed 
and the commonwealth recover her costs in this behalf expended. 

						(3)  

The commonwealth, plaintiff 
against 
Andrew Walkup, defendant, 
Upon an indictment for an assault and battery upon the body of Strother L. McElhany.
  By consent as well of the attorney for the commonwealth as of the defendant in proper person. 
It is considered that this indictment be dismissed at the costs of the defendant and that the 
commonwealth recover against the defendant her costs in this behalf expended.

John W. Paine who came from the county of London derry in Ireland to the United States of 
America in the month of October 1818, was born in said county of London derry the 5th day of 
July 1796, has settled and now resides in this county-came here unto court and reported himself 
preparatory to his becoming a citizen of the United States.

Edward Sewell who came from the county of Cork in Ireland to the United States of America in 
the month of September 1818, was born in Kerrey county the 15th day of August 1778 has settled 
and now resides in the county and same order.

Ordered that the court be adjourned until tomorrow morning at ten oclock. (signed)Archibald 
Stuart

Tuesday September eleventh 1821
Court met persuant to adjournment. Present the same Judge as on yesterday.

Joseph Steele Gent: who hath been duly liscensed to practice the law in the courts of this 
commonwealth, on his motion has leave to practice in this court, and thereupon he took the oath 
of fidelity to the commonwealth, the oath of an attorney at law, and the oath to support the 
constitution of the United States.

Arthur Walkup, plaintiff 
against 
James Elliott, defendant, 
In debt.
  This day came again the parties by their attornies and the defendant by his attorney saith 
that he cannot gainsay the plaintiffs action against him for one thousand dollars. Therefore it 
is considered by the court that the plaintiff recover against the defendant the debt aforesaid 
in form aforesaid confessed and also his costs by

						(4)

him about his suit in that behalf expended. But this judgement is to be discharged by the 
payment of five hundred dollars with interest thereon to be computed after the rate of six per 
centum per annum from the 13th day of March 1817 till payment and costs.
  Subject to a credit of one hundred and fifty dollars paid the 1st day of April 1817. Also one 
hundred dollars paid the 26th day of May 1817. Also one hundred and thirty dollars paid the 
29th day of January 1818 and also one hundred and forty eight dollars and sixty eight cents 
paid the 23rd day of October 1820.

John Vanlew, Thomas Brockenbrough, & Jaqueline B. Harvie, merchants trading under the firm of 
John Vanlew & co., plaintiffs, 
against 
Wilday Hughes & Edward Hughes merchants trading under the firm of W & E Hughes, defendants, In 
debt.
  This day came again the parties by their attornies and the defendants by their attorney, 
withdrawing their former plea say that they cannot gainsay the plaintiffs action against them 
for two hundred and twenty two dollars and sixty six cents with interest thereon to be computed 
after the rate of six per centum per annum from the 14th day of November 1819 till payment and 
costs. Therefore it is considered by the court that the plaintiffs recover against the 
defendants the debt aforesaid in form aforesiad confessed, and also their costs by them about 
their suit in this behalf expended, and the said defendants in mercy &c subject to a credit of 
twenty one dollars paid the 1st day of December 1819.

John Firestone, plaintiff, 
against 
William Wilson & Matthew Houston, defendants, 
In debt.
  This day came again the parties by their attornies and the defendants by their attorney, 
withdrawing their former plea say that they cannot gainsay the plaintiffs action against them 
for two thousand dollars. Therefore it is considered by the court that the plaintiff recover 
against the defendant the debt aforesaid in form aforesaid confessed and also his costs by him 
about his suit in this behalf expended and the said defendant in mercy &c. But this judgement 
is to be discharged by the payment of one thousand dollars with interest 

						(5)

thereon to be computed, after the rate of six per centum per annum from the 1st day of July 
1819 until payment & costs.

Ezra Holbrook, plaintiff, 
against 
Henry Kizer & John Alexander, defendants, 
In debt.
  This day came again the parties by their attornies and the defendants by their attorney say 
that they cannot gainsay the plaintiffs action against them for two hundred and fifty dollars 
with interest thereon to be computed after the rate of six per centum per annum from the 3rd 
day of October 1819 till payment & costs. Therefore it is considered by the court that the 
plaintiff recover against the defendants the debt aforesaid in form aforesaid confessed and 
also his costs by him about his suit in this behalf expended, and the said defendant in mercy 
&c.

John Bilbro, plaintiff, 
against 
Victor Bell, defendant, 
In debt.
  By consent of parties by their attornies. It is considered by the court that this cause be 
dismissed and that the plaintiff recover against the defendant his costs by him in this behalf 
expended, and the said defendant in mercy &c.

Thomas Johnston, plaintiff, 
against 
John M. Greenlee, defendant, 
In case.
  This day came again the parties by their attornies and thereupon came a jury, to wit; William 
Sterret, William C. Lewis, John F. Caruthers, Denison Rose, Moses McCluer Jr., Moses McCluer, 
Sr., James Gold, William Davidson, Nicholas Jones, Thomas McCluer, John Buntain & John Glasgow, 
who being elected tried and sworn the truth to speak upon the issue joined, upon their oaths do 
say that the defendant did assume upon himself in manner and form as the plaintiff in his 
declaration hath complained. And they do assess the plaintiffs damage by occasion thereof to 
one hundred and thirty one dollars and twenty five cents with interest theron to be computed 
after the rate of six per centum per annum from the 4th day of September 1818 till payment, 
besides his costs. Therefore it is considered by the court that plaintiff recover against the 
defendant his damages aforesaid in form aforesaid assessed, and also his costs by him about his 
suit in this behalf expended, and the said defendant in mercy &c.

						(6)

Lewis Remy for William S. Marye, plaintiff, 
against 
Daniel Hoffman & James Gold, defendants, 
In debt.
  On the motion of the defendants by their attorney and for reasons appearing to the court, it 
is ordered that this cause be continued until the next term at the costs of said defendants and 
by consent, the defendants are permitted to examine and take the depositions of any witnesses 
residing out of this county to be read in chancery upon giving the plaintiff reasonable notice 
of the time and place of taking the same.

Thomas Welch, plaintiff, 
against 
Thomas Johnston, defendant, 
In debt.
  The plaintiff being dead on the motion of his attorney a scirefacias is awarded, to revive 
this suit in the name of Benjamin Welch and Alexander McCorkle executors of the plaintiff, 
returnable here at the next term.

The commonwealth, plaintiff, 
against 
Archey Mitchell Sr., defendant, 
Upon a presentment for refusing to aid a constable when summoned.  
  This day came the attorney prosecuting for the commowealth and the defendant being called and 
not appearing an information is awarded against him and a summons thereon returnable here at 
the next term.

Same, plaintiff, 
against 
Thomas Johnston, defendant, 
Upon a presentment of grand jury.
  Same order.

The same, plaintiff, 
against 
Thomas Orbison, defendant, 
Upon an information.
  For reasons appearing to the court this cause is continued until the next term.

The same, plaintiff, 
against 
Thomas Thorn, defendant, 
Upon same.
  For reasons appearing to the court, it is considered that this cause be discontinued.

						(7)

The commonwealth, plaintiff, 
against 
Robert Beard, defendant, 
Upon an information for keeping a house of entertainment without license.
 
The same, plaintiff, 
against 
the same, defendant, 
Upon an information for suffering unlawful gaming at his house.

The same, plaintiff, 
against 
The same, defendant, 
Upon an information for selling spirituous liquors without license.

The same, plaintiff, 
against 
Samuel Wallace, defendant, 
Upon a presentment for unlawful gaming.

The same, plaintiff, 
against 
Wilday Hughes, defendant, 
Upon same.
    
The same, plaintiff, 
against 
Samuel Lester, defendant, 
Upon same.

The same, plaintiff, 
against 
Joseph Miller, defendant, 
Upon same.

The same, plaintiff, 
against 
William Patterson, defendant, 
Upon same.

The same, plaintiff, 
against 
David Lawson, defendant, 
Upon an indictment.

The same, plaintiff, 
against 
Eli Torbet, defendant, 
Upon same.
  For reasons appearing to the court, on the motion of the attorney prosecuting for the 
commonwealth, it is ordered that these causes be severally continued untill the next term.

  On the motion of the attorney for the commonwealth, an attachment is awarded against, Samuel 
Patterson, Wilday Hughes, James Hayslet and

						(8)

Samuel L. Campbell witnesses summoned on behalf of the commonwealth against Robert Beard who 
were solemnly called & failed to come, returnable here at the next term.

William Hutton who was summoned to appear here this day as a witness for the commonwealth 
against David Lawson, was solemnly called but came not, therefore in the motion of the attorney 
for the commonwealth, it is considered by the court that the said William Hutton be fined 
sixteen dollars to the use of the commonwealth unless sufficient cause of his inability to 
attend be shown at this or the next court.

Same witness fined for failing to attend in the case of the commonwealth against Eli Torbet & 
same order.

The commonwealth by John Smith, prosecutor, plaintiff, 
against 
John Oneal, defendant, 
Upon an indictment.
  This day came as well the attorney prosecuting for the commonwealth as the defendant by his 
attorney who for plea saith that he is not guilty in manner and form as in the indictment 
against him is charged and of this he puts himself upon the country and the attorney for the 
commonwealth likewise, and thereupon came a jury to wit; Moses McCluer, William Sterret, John F 
Caruthers, John Sloan, Denison Rose, William Adair, Samuel McCrory, Nicholas Jones, James Gold, 
William Davidson, John Buntain and William C. Lewis, who being elected tried and sworn the 
truth to speak upon the issue joined, upon their oath do say that the defendant is not guilty 
in manner and form as in pleading he hath alledged. Therefore it is considered by the court 
that the commonwealth take nothing by her bill, and that the defendant go thereof without day 
and recover against John Smith the prosecutor his costs by him about his defense in this behalf 
expended, and the said prosecutor in mercy &c.

The same by Hugh Elliot, prosecutor, plaintiff, 
against 
John Paxton & Moses Craig, defendants, 
Upon an indictment for a assault.
  This day came as well the attorney prosecuting for the commonwealth as the defendants by their
attorney who for plea say that they are not guilty in manner and form as in the indictment 
against him is alledged and of this they put themselves upon the country and the attorney for 
the commonwealth likewise, And thereupon came a jury to wit; John Moorhead, William Keenan, 
James Reed, Thomas Caskey, John Oneal, David McKemy, Thomas Johnston, Daniel Reed, John B. 
Topping, William Luckess, William Wilmoth & Patrick McCorkle who being elected tried and sworn 
the truth to speak upon the issue joined

						(9)

and failing to agree in a verdict by consent John Moorehead one of the jurors aforesaid is 
withdrawn and the rest from rendering a verdict discharged and the cause continued until the 
next term.

George Icenhower, plaintiff, 	
against 
Peter Salling, defendant, 
In debt.
  This day came the parties by their attornies, and on the motion of the plaintiff by his 
attorney and for reasons appearing to the court, this cause is continued untill the next term 
at the costs of the said plaintiff and by consent this cause is to retain its place on the 
docket.

Matthew Willson a witness who was summoned to appear here this day on behalf of George 
Icenhower against Peter Salling, was solemnly called but came not; therefore on the motion of 
the plaintiff by his attorney, it is considered by the court that the said Matthew Willson be 
fined sixteen dollars to the use of said Icenhower unless sufficient cause of his inability to 
attend be shown at this or the next term.

William Luckess, plaintiff, 
against 
Elisha Paxton, defendant, 
In trespass assault and battery.
  This day came the parties by their attornies and on the motion of the defendant by his 
attorney the judgement & writ of inquiry awarded against him in the office are set aside And 
thereupon the said defendant for plea saith that he is not guilty of the trespass, assault & 
battery in manner and form as the plaintiff against him in his declaration hath complained and 
this he is ready to verify, and the said defendant for further plea saith that the plaintiff 
his action aforesaid against him ought not to have and maintain because he says that the 
plaintiff just before the time when &c in the aforesaid declaration mentioned to wit; on the 
day and year in said declaration mentioned with force and arms an assault upon him did make and 
would then and there have beat bruised & ill treated him the said defendant, if he had not 
immediately defended himself against the said plaintiff, as he lawfully might do for the cause 
aforesaid, and this he is ready to verify, wherefore he prays the judgement of the court to 
which pleas the plaintiff replies generally and prays that the same may be inquired of by the 
country and the defendant likewise, and thereupon came a jury to wit; William C. Lewis, Denison 
Rose, John Donihoo, Moses McCluer Jr., William Hardy, Irvine Logan, James Gold, William 
Davidson, Daniel Hoffman, Robert McDowell Jr., James McKemey

						(10)

and John Scott who being elected tried and sworn the truth to speak upon the issue joined, upon 
their oath do say that the defendant is guilty in manner and form as the plaintiff against him 
hath complained, and that the assault and battery in the declaration mentioned was of the 
defendants own wrong, without any such cause as in pleading he hath alledged, and they do 
assess the plaintiffs damages by occasion thereof to twenty dollars besides the costs; 
Therefore it is considered by the court that the plaintiff recover against the defendant his 
damages aforesaid in form aforesaid assessed, and his costs by him about his suit in this 
behalf expended, and the said defendant may be taken &c.

William Moore, plaintiff, 
against 
John M. Hollandsworth, defendant, 
Upon a writ of supersedeas.

Halbert McCluer, plaintiff, 
against 
Samuel Greenlee & Mary Greenlee's admr., defendants, 
Chancery issue.

John Morrison & Joseph Dilworth, plaintiffs, 
against 
David M. Dougherty, defendants, 
In case.

The same, plaintiffs 
against 
the same, defendants, 
In case.

Alexander Sheilds, plaintiff, 
against 
John Leyburn, admr. of Stephen McFarlane, dec'd, defendants, 
In debt.

Peter Gross, plaintiff, 
against 
Moses Mann, defendant, 
In case.

John Gross, plaintiff, 
against 
the same, defendant, 
In case.  

The same, plaintiff, 
against 
the same, defendant, 
In trespass assault and battery.

  For reasons appearing to the court these causes are severally continued until the next term.

Henry Smith, plaintiff, 
against
 Moses Mann, defendant, 
In case.
  This day came the defendant by his attorney, and the plaintiff tho' solemnly called came not, 
nor is his suit further prosecuted; therefore on the prayer of the said defendant, it is 
considered that he recover against the plaintiff five dollars damages according to law, and his 
costs by him about his defense in this behalf expended.  

						(11) 

Mayberry & Weaver, plaintiff, 
against 
Matthew White, defendant, 
In case.
  On the motion of the plaintiffs attorney, it is considered by the court that this cause be 
continued until the next term at the costs of the said plaintiffs and by consent it is to 
retain its place on the docket.

Ordered that this court be adjourned until tomorrow morning at ten oclock.

Wednesday September twelfth 1821
  Court met persuant to adjournment. Present the same Judge as on yesterday.

Robert Curry, plaintiff 
against 
Samuel Forsythe, John Forsythe, Thomas Orbison & David S. Moore, defendants, 
Upon a bond taken for the forthcoming of property at the day of sale upon an execution sued out 
of this court by the plaintiff against the defendants John Forsythe & Samuel Forsythe & Thomas 
Orbison and William Patterson their appearance here.
  This day came the plaintiff by his attorney, and it appearing to the satisfaction of the 
court that the defendants have had legal notice of this motion, who being solemnly called came 
not. Therefore it is considered by the court, that the plaintiff recover against the defendants 
two hundred and sixty four dollars current money, the penalty of the said bond, and his costs 
by him in this behalf expended, and the said defendants in mercy &c. But this judgement is to 
be discharged by the payment of one hundred and thirty two dollars with interest thereon to be 
computed after the rate of six per centum per annum from the 27th day of July 1821 untill 
payment, and the costs.

The commonwealth of Virginia, plaintiff, 
against
 John Frazer, Samuel Frazer & Henry Frazer, defendants, 
Upon same, upon an execution sued out of this court by the commonwealth against the defendant 
John Frazer.
  Same order as in the case for sixty seven dollars and eighty cents the penalty of the said 
bond, and his cost by him in this behalf expended and the said defendants in mercy &c. But this 
judgement is to be discharged the payment of thirty three dollars and ninety cents, with 
interest thereon to be computed after the rate of six per centum per annum from the 3rd day of 


						(12)

August 1821 untill payment and the costs.

John M Greenlee, caveator, 
against, 
Samuel Greenlee, caveatee, 
Upon a caveat &c.
  This day came again the parties by their attornies and thereupon the matters of law arising 
upon the special verdict in this cause, being argued, time is taken by the court to consider of 
its judgement to be given thereupon.

Henry Smith, plaintiff, 
against 
Moses Mann, defendant, 
In case.
  In this cause a non suit having been entered on yesterday on the motion of the plaintiff by 
his attorney and for reasons appearing to the court, this cause is reinstated, and the 
judgement entered for the defendant is set aside.

James Willson, plaintiff, 
against 
Daniel Hoffman & John Sloan, defendants, 
In debt.
  This day came again the parties by their attornies and the defendants by their attorney 
withdrawing their former plea say that they cannot gainsay the plaintiffs action against them 
for four hundred and sixty two dollars and twelve cents, with interest thereon to be computed 
after the rate of six per centum per annum from the 20th day of August 1818 untill payment. 
Therefore it is considered by the court that the plaintiff recover against the defendants his 
debt aforesaid in form aforesaid confessed and also his costs by him about his suit in this 
behalf expended, and the said defendants in mercy &c.

John Greenlee administrator of James Greenlee, dec'd for the benefit of James McDowell, 
administrator of Mary Greenlee, dec'd, plaintiff, 
against 
Samuel Greenlee, Cyrus Hyde, administrator of David Greenlee, dec'd & William Bailey, 
defendants, Upon a bond taken for the forthcoming of property at the day of sale, upon an 
execution sued out of this court by the plaintiff against the defendants Samuel Greenlee & 
David Greenlee.
  This day came the plaintiff by his attorney, and it appearing to the satisfaction of the 
court that the defendants Samuel Greenlee & William Bailey have had legal notice of this 
motion, and being solemnly called came not; on the motion of the plaintiff this cause is 
continued untill tomorrow for further proceedings.

						(13)

William Finley for the benefit of Robert Richie, plaintiff, 
against 
John Robinson, defendant, 
In debt.
  This day came again the parties by their attornies, and it appearing to the satisfaction of 
the court that the plaintiff is dead this cause is continued until the next term.

Ordered that the court be adjourned until tomorrow morning at ten oclock. (signed)Archibald 
Stewart.

Thursday September thirteenth 1821.
Court met persuant to adjournment. Present the same judge as on yesterday.

Moses Mann, plaintiff, 
against 
Jacob Evans, defendant.
  This day came as well the plaintiff a Henry Smith, Archibald Morris and William M. McClintic 
the securities for the appearance of the defendants, and the said securities defend the force 
and injury when &c and say that the defendant is not guilty of the trespass assault and battery 
in manner and form as the plaintiff against him has complained, and this they are ready to 
verify. And the said securities for further plea say that the plaintiff his action aforesaid 
against the said defendant ought not to have and maintain, because they say that the plaintiff 
just before the time when &c in the declaration mentioned with force and arms an assault upon 
the said defendant did make and would then and there have beat bruised and ill treated him the 
said defendant if he had not immediately defended himself against the said plaintiff as he 
lawfully might do for the cause aforesaid, and this they are ready to verify. To which pleas 
the plaintiff replies generally and prays that the same may be enquired of by the country and 
the said securities likewise, and the trial of the issue, is on the motion of the said 
securities by their attorney continued untill the next term at their costs.

Susanna Madison, plaintiff, 
against 
Thomas Langs representatives, defendants, 
Chancery issue.
  For reasons apperring to the court this cause is continued untill the next term.

						(14)

John Greenlee, administrator of James Greenlee, dec'd for the benefit of James McDowell, admr. 
of Mary Greenlee, dec'd, plaintiffs, 
against 
Samuel Greenlee, Cyrus Hyde, admr. of David Greenlee, dec'd & William Bailey, defendants, 
Upon a bond taken for the forthcoming &c.
  This day came again the plaintiff by his attorney and it appeared to the satisfaction of the 
court that the defendants Cyrus Hyde, administrator of David Greenlee, dec'd has had legal 
notice of this motion. And on the motion of the attorney for the plaintiff this motion is 
continued untill tomorrow.

Charles Thompson, trustee, plaintiff, 
against 
Samuel Greenlee, defendant, 
In Detinne.
  This day came again the parties by their attornies and thereupon  came a jury to wit; Thomas 
M. Wade, John Buntain, David Hopkins, Matthew White, William Watts, William Davidson, Samuel M. 
Dold, Nicholas Jones, James Templeton, Daniel Hoffman, Jacob Fuller and Isaac Caruthers, who 
being elected tried and sworn the truth to speak upon the issue joined, upon their oath do say 
that the defendant doth not detain the negro slaves in the declaration mentioned as in pleading 
he hath alledged: Therefore it is considered by the court that the plaintiff take nothing by 
his bill, but for his false clamour be in mercy &c. And the said defendant go thereof without 
day and recover against the plaintiff his costs by him about his defense in this behalf 
expended.
Memorandum, on the trial of this cause the plaintiff by his attorney tendered a bill of 
exceptions which were signed and sealed by the court and ordered to be made a part of the 
record, which bill is in the words and figures following, to wit; "on the trial of this cause 
the plaintiff to support the issue on his part introduced a letter written by the defendant to 
Christopher Clark the agent of the plaintiff in the following words & figures "Sir. I received 
yours of the 12th" &,c. He then introduced a paper executed by the defendant in the following 
words "Rockbridge county " the slave mentioned in the said paper are the slaves for which this 
action is brought and which are in the possession of the defendant. The defendant who by his 
counsel has stated his defense to be that the slaves aforesaid were his own property purchased 
from a certain Francis Mills, and paid for eighteen or twenty years ago, that they had remained 
quietly in his possession as his own

						(15)

property from that time untill the said Christopher Clarke an attorney having the reputation of 
great legal knowledge came in the guise of an agent for the plaintiff and persuaded the 
defendant by fraudulent misrepresentations to believe that the plaintiff as trustee for Agnes 
Mills, the wife of said Francis Mills had good title to the said slaves, and that the 
defendants title to the said slaves under the purchase aforesaid, was bad, when in truth and in 
fact, the said Thompson the plaintiff had no right to the said slaves, and the title of the 
defendant thereto was good under his purchase from Francis Mills. That under the influence of 
these false representations, and the mistake of title on the part of the defendant, who is a 
farmer, unlearned in the law, he had been induced to write the letter, and execute the paper 
aforesaid; Then as the first link, in the chain of evidence aforesaid, the said defendant 
introduced a witness David Greenlee to prove the purchase and possession of the slaves 
aforesaid, in manner above stated.  The plaintiff objected to this evidence alledging that the 
paper of the 17th March 1816 the parties had compromised the previous controversy & rights of 
the defendant & that unless the defendant could prove that the paper was obtianed by fraud, the 
defendant was estopped to rely on anything existing before its date. But the court was of 
opinion that it was competent for the defendant to prove the state of his title anterior to the 
date of that paper, to be weighed by the jury with other evidence which might be offered to 
prove the mistake and fraud aforesaid, and for that purpose permitted the said evidence to go 
to the jury. To which opinion the plaintiffs attorney excepts &c.
signed Archibald Stuart (seal)

Samuel McCrory, plaintiff, 
against, 
George W. Shields, defendant, 
In trespass
  This day came the parties by their attornies and on the motion of the defendant by his 
attorney, the judgement and writ of inquiry awarded against him in the office are set aside, 
and the defendant by his counsel comes and defends the force and injury when &c. and for plea 
saith that the plaintiff his action aforesaid ought not to have and maintain against him, 
because he saith that at the time of the taking carrying away and selling the slave Johnston in 
the declaration alledged, the legal title and the right of possession of the said slave 
Johnston was vested in the said defendant and said defendant took possession of him peaceably 
without force & as he had a right to do. And this he is ready to verify, wherefore he prays the 
judgement of the court &c. And for further plea, the 
 
						(16)

said defendant saith that the plaintiff, his action aforesaid ought not to have and maintain 
against him, because he saith that before the time of taking the said slave Johnston, in the 
declaration alledged to wit, on the 19th day of June in the year 1818 at ____ in the county 
aforesaid the said plaintiff by his certain deed in writing, sealed with his seal and with the 
seal of the said defendant, dated on the same day, bargained, sold, and conveyed the said slave 
Johnston with other property to said defendant in trust to secure the payment of certain debts 
due from the said plaintiff to a certain Isaac Caruthers, and to indemnify the said Isaac 
against certain other debts for which he was bound as the security of the said plaintiff, as 
will more fully appear, by the said deed, which is now here shown to the court, and the said 
defendant saith, that while said deed continued in full force and virture, and before the time 
had arrived at which by the provisions of said deed, the said slave Johnston could lawfully 
have been sold by the defendant to wit, on the __ day of ___ the said plaintiff in whose 
possession the said slave had been left, persuant to the provisions of the said deed, wishing 
and contriving to make way with the said slave and to remove him from the residence of the said 
plaintiff, in the county of Rockbridge, out of the said county,- to parts unknown, was in the 
act of making way with the said slave Johnston and of removing him from the said county of 
Rockbridge to parts unknown, to the said defendants, so that the said defendant would thereby 
have been deprived of the power of taking possession of the said slave, at the time when, 
according to the said deed it would have been his duty to sell him in performance of the trust 
which he had taken, upon himself as aforesaid. And, that which the plaintiff was & actually 
making away with, and removing the said slave Johnston, from the county aforesaid to parts 
unknown to the defendant, he the said defendant on the said __ day of ___ at the instance and 
request of the said Isaac Caruthers peaceably and rightfully took possession of the said slave 
Johnston for the purposes of the trust aforesaid, carried him away from the possession of said 
plaintiff and held him, and disposed of him by sale, according to the authority vested in him 
by said deed. Which is the same taking and carrying away and selling, in the plaintiffs 
declaration complained of, and no other and this the said defendant is ready to verify, 
wherefore he prays judgement of the court &c. to which pleas the plaintiff by his attorney 
replies generally and prays that the same may be enquired of by the country, and the defendant 
likewise, and thereupon came a jury to wit; John Harnest Sr., Thomas Caskey, Thomas Thompson, 
Hugh Irvine, Jr., William Hardy, William Bailey, Patrick Gibson, James Thompson, John Hamilton, 
William Douglass, Moses Trimble, and John Douglass,

						(17)

who being elected tried and sworn the truth to speak upon the issue joined, and there not being 
time to hear the evidence they are adjourned until tommorrow morning at ten oclock.

Ordered that the court be adjourned until tomorrow morning at ten oclock. (signed) Archibald 
Stuart.

Friday September fourteenth 1821
Court met persuant to adjounment. Present the same judge as on yesterday.

Samuel McCrory, plaintiff, 
against 
George W. Shields, defendant, 
In trespass.
  This day came again the parties by their attornies, and the jury sworn on yesterday appeared 
in court according to their adjournment and the evidence fully heard, on their oath do say that 
the defendant was justified in taking carrying away and selling the slave Johnston in the 
declaration mentioned as in pleading he hath alledged. Therefore it is considered by the court 
that the plaintiff take nothing by his bill, but for his false clamor be in mercy &c. and that 
the defendant go thereof without day and recover against the plaintiff his costs by him about 
his defense in this behalf expended, and the said plaintiff may be taken &c.

John M. Greenlee, plaintiff, 
against 
Samuel Greenlee, defendant, 
Upon a caveat to prevent the issuance of a grant to the defendant for 587 acres of land lying 
on James River in the county of Rockbridge, surveyed on the 1st day of July 1817 by the 
surveyor of Rockbridge county by virtue of three warrants to wit; three hundred acres thereof 
by a land office treasury warrant of 300 acres No. 5941. 100 acres on part of a land office 
exchange treasury warrant of 500 acres No.1755 assessed of James Gold who was assesser of James 
Long & 187 acres on part of a land office exchange treasury warrant of 392 acres, No 1844 ad 
assessed of Joseph Paxton.
  Also for six & one quarter acres of land in said county surveyed of the 1st of July 1817, by 
the surveror of Rockbridge county on part of a land office exchange treasury warrant of 392 
acres in 1844 as assessed of Joseph Paxton.
  This day came again the parties by theit attornies and the matters of law heretofore argued, 
being carefully considered, it seems to the court here

						(18)

 that the plaintiff hath the better right to the said lands.
  Therefore it is considered by the court that the plaintiff recover against the defendant his 
costs by him in this behalf expended.

M.B.Poiteaux, plaintiff, 
against 
James Gold, defendant, 
In debt.
  This day came again the parties by their attornies and thereupon came a jury to wit: John A. 
Cumings, Daniel Hoffman, David Hopkins, Robert McDowell Jr., Moses McCluer, Alexander Plunket, 
John Patton, Samuel R. Smith, Jacob Fuller, James L. Waldron, Samuel Darst and Nicholas Jones 
who being elected tried and sworn the truth to speak upon the issue joined, returned a verdict 
in these words to wit "we the jury find for the plaintiff the debt, in the declaration 
mentioned, with interest thereon from the 15th May 1818 till paid, subject to the following 
credits to wit, the sum of two hundred dollars, paid 11th September 1818, the sum of two 
hundred dollars paid 14th December 1818, the sum of ninety dollars paid 15 August 1819, the sum 
of $106.15 cents paid 10th June 1820. Therefore it is considered by the court that the 
plaintiff recover against the defendant one thousand and twenty eight dollars and twelve and an 
half cents the debt in the declaration mentioned with interest thereon to be computed after the 
rate of six per centum per annum from the said 15th May 1818 till paid, subject to the credits 
aforesaid found by the jury and also his costs by him about his suit in that behalf expended 
and the said defendant in mercy &c.

John Lewis, plaintiff, 
against 
Nathaniel Siron & George Ruley, defendants, 
In trespass assault & battery.
  This day came the plaintiff by his attorney, whereupon persuant to an award made and returned 
between the parties & by consent of the plaintiff, it is considered by the court that the 
plaintiff recover against the defendant Siron twelve dollars and against the defendant Ruley 
twelve dollars, and against the said defendants his costs by him about his suit in this behalf 
expended, and the said defendants in mercy &c.

Hiram Vess, plaintiff, 
against 
Gasper Thomas, defendant, 
In case.
  For reasons appearing to the court this cause is continued untill the next term.    

						(19)

Norris & Brooke, plaintiff, 
against 
John B. Topping, defendant, 
In case.
  For reasons appearing to the court this cause is continued untill the next term at the 
defendants costs.

William Bailey, plaintiff, 
against 
John Douglass, defendant, 
In trespass.
  Same order.

John Scott and James Scott, plaintiff, 
against 
Andrew Rhinehart, defendant, 
On a writ of Right.
  This day came the parties by their attornies, and the defendant by Daniel Sheffey esq. his 
attorney cometh and defendeth the right of the said John & James Scott, when and where it 
behoveth him and all that concerneth it and whatsoever he ought to defend, and chiefly the 
tenement aforesaid with the appurtenances as of right namely, one tenement containing 200 acres 
of land in the county of Augusta and bounded by two stumps, thence South 82 E284, to a white 
oak & stump, north 25 E 201 poles to a white oak, north 83 1/4 west 276 poles, south 27 west 
200 poles to the beginning and he putteth himself upon the assize and prayeth recognition to be 
made, whether he hath greater right to hold the tenement aforesaid with the appurtenances as he 
now holdeth it or the said John & James Scott to have it as they now demand it, and the said 
plaintiffs likewise, and thereupon came a jury, to wit; John Harnest, William Little, John 
Moorhead, James Templeton, Thomas Beggs, Hugh Barcley, Hugh Irvine Jr., Samuel Pettigrew, 
William Hillis, Isaac Caruthers, John Glasgow and Matthew Davidson, who being elected tried and 
sworn the truth to speak upon the issue joined and there not being time to finish the evidence 
in the cause they are adjourned untill tomorrow morning at ten oclock.

Ordered that the court be adjouned untill tomorrow morning at ten oclock. (signed) Archibald 
Stuart.

						(20)

Saturday September fifteenth 1821. 
Court met persuant to adjournment. Present the same judge as on yesterday.

Andrew Grove, plaintiff, 
against 
David Edmonson, defendant, 
In case.

Mary Boyds heirs, plaintiff, 
against 
John & William Hamilton, defendant, 
Chancery issue.

Thomas Caskey, plaintiff, 
against 
William Willson, defendant, 
In trespass assault & battery.

William H. Letcher, demandant, 
against 
Jacob Clyce, tenant, 
On a writ of right.

Hugh Elliott, plaintiff, 
against 
Moses Craig & John Paxton, defendants, 
In trespass assault & battery.

Richard Libby, plaintiff, 
against 
John Harnest, defendant, 
In debt.

William Miller for John Robinson, plaintiff, 
against
 Halbert McCluer, defendant, 
In debt.

William Fenwick, plaintiff, 	
against 
William Moore, defendant, 
In debt.

Thomas Flint & wife, plaintiffs, 
against 
Abraham Carter, defendant, 
In case

  For reasons appearing to the court, these causes are severally continued untill the next 
term.

John H. Peyton esquire attorney for the commonwealth for this county is allowed the sum of 
fifty dollars fo his services during the present term, which is ordered to be certified to the 
auditor of public accounts.

Andrew Reid, Clerk, fifteen dollars for same & same order.

William Moore, esq., sheriff, ten dollars for same & same order.

Cornelius Dorman, jailor, fifteen dollars for same & same order.

						(21)  

  On the motion of the attorney for the commonwealth, upon the application of William H. 
Letcher, ordered that a summons issue against Jacob Clyce to appear here at the next court to 
show cause, if any he can, why an information should not be filed against him for a nuisance in 
continuing a fence on the public road leading from Lexington to the north river.

John & James Scott, defemandants, 
against 
Andrew Rhinehart, tenant, 
On a writ of right.
  This day came again the parties by their attornies and the jury sworn on yesterday, appeared 
in court according to their adjournment and the evidence being fully heard, and the jury 
failing to agree in a verdict by consent John Harnest one of the jurors aforesaid is withdrawn 
and the rest from rendering a verdict discharged and the cause is continued.

John Greenlee admr. of James Greenlee, dec'd for James McDowell admr. of Mary Greenlee, dec'd, 
plaintiff, 
against 
Samuel Greenlee, and William Bailey, defendants, 
Upon a bond taken.
  This day came the parties by their attornies, and the plaintiff not further prosecuting his 
motion, it is considered by the court that the defendants Samuel Greenlee & William Bailey 
recover against the plaintiff their costs by them about their defense in this behalf expended.

The same, plaintiff, 
against 
Cyrus Hyde admr. of David Greenlee dec'd, defendant, 
Upon a bond taken.
  This day came the parties by their attornies and the plaintiff not further prosecuting his 
motion, it is considered by the court that the defendant recover against the plaintiff his 
costs in this behalf expended.

Cornelius Dorman jailor of this county produced in court an account against the commonwealth 
for victualling prisoners, amounting to $4. and having made oath thereto, the same is allowed 
and ordered to be certified to the auditor of public accounts. 

						(22)

Charles Thompson, trustee, plaintiff, 
against 
Samuel Greenlee, defendant, 
In Detinne.
  Memorandum. The next day after the jury had rendered their verdict in this cause, the 
plaintiff by his counsel moved the court to grant a new trial, upon two grounds alledged by 
him, to wit; 1st that the plaintiff was surprised on the trial by the introduction of testimony 
to impeach the evidence of his title afforded by the two papers mentioned in the bill of 
exceptions filed on the trial, to wit, the defendants letter to the plaintiffs agent, and the 
defendants obligation to the plaintiffs agent dated on the 17th day of March 1816.
  And 2ndly that the verdict was contrary to evidence. But the court overruled this motion 
after taking one day to consider thereof, and now, at the request of the plaintiffs counsel 
according to the judges understanding and recollection of them, the facts as proved on the 
trial and assigns the reasons for overruling said motion, as follows. The first ground of the 
motion is not sustained by the court, because, there is no evidence whatever of the surprise 
alledged. The suit was not brought upon the papers referred to they were only evidence of 
title, never noticed in the pleadings, and introduced on the trial, without any proof of 
previous notice given of them to the defendant, neither the plaintiff nor any agent for him 
attended. The second ground of the motion is not sustained, because the court does not think 
that the verdict was contrary to evidence. The only evidence of title given to the jury by the 
plaintiff was the letter and obligation above mentioned. While on the part of the defendant, it 
was shown to the satisfaction of the court, that the plaintiff, at the time when the letter and 
obligation aforesaid were written and executed had no calour of right to the said slaves, his 
whole claim to them, resting on a deed of trust executed on the first day of December 1800, by 
William Mills and Nicholas Mills, administrators of Nicholas Mills deceased, who was the 
executor of Ann Mills, purporting to convey to the plaintiff in trust for Agnes Mills the 
daughter of said Ann Mills, and wife of a certain Frances Mills, the women Alice and Fanny or 
Penny two of the slaves demanded, in the declaration, and the mothers of the rest, which said 
deed is in the following words and figures to wit "This deed poll" &c. that the said slaves 
Fanny & Alice, had been purchased

						(23)

by the said Nicholas Mills the executor of Ann Mills, for the said Agnes Mills, under the will 
of the said Ann Mills, out of the money therein devised to the said Agnes, which said will is 
in the following words and figures to wit, "In the name of &c." that at the time of executing 
the said deed of trust, the said Francis Mills was in the actual possession of said slaves, in 
the county of Rockbridge where he then resided with his said wife, holding the said slaves, 
under the purchase made of them by the executor as aforesaid. That the defendant had purchased 
the said slaves from the said Francis Mills about the year 1803 in the county of Rockbridge and 
had continually and quietly held them and their increase as his own, from that time till the 
year 1814, when the plaintiffs agent, under a power of attorney from the plaintiff, demanded 
them in the name of the plaintiff, and the surrender of them was refused by the defendant. The 
power of attorney is in these words "Know all men &c. that the said plaintiff at the time of 
this demand was a resident in Kentucky, having removed thither from Virginia, without ever 
having demanded the said slaves or had anything to do with them as far as appeared to the 
court, that the said Mills and wife had also removed from Virginia to the western country soon 
after the sale of the said slaves, without ever having since set up any claim thereto.
  That the aforesaid Christopher Clarke who acted as the ostensible agent of the plaintiff, was 
a lawyer of long experience in his profession, having the reputation of much skill and art 
therein, and the defendant a farmer unlearned in the law, and that the execution of the 
obligation aforesaid was procured under circumstances, which might well have justified the jury 
in concluding that it was procured by the fraudulent misrepresentations of the said Christopher 
Clarke to the said Greenlee, such as these, that the negotiation, which resulted in the 
obligation aforesaid, was carried on between persons very unequal in their capacities to judge 
of the plaintiffs title that the defendant does not appear to have been aided, by any counsel 
on the occasion, that the negotiations were secret, no witness ever appearing to have been 
present, and the negotiation, which immediately preceeded the execution of said obligation, 
being remarkable for

						(24)

its privicy in as much as the parties retired from the presence of the two witnesses who 
afterwards attested the obligation, into a lonely wood, where they remained alone, till the 
execution of said obligation had been agreed on, and that the said Christopher Clarke, who 
managed the negotiation aforesaid, and has conducted this suit in the character of agent, 
without any avowed interest in the subject, has since the said negotiation was closed, and 
since the commencement of this suit, claimed the said slaves as his own property and offered to 
sell them as such, without pretending that he had acquired the title, since said obligation was 
executed.

Ordered that this court be adjourned untill the first day of the next term. (signed) Archibald 
Stuart.

In the clerks office of the Superior Court of Law for Rockbridge county November 7th 1821.

James McDowell, appellant, 
against 
Robert L McDowell & others, appellees, 
Upon an appeal &c.
  A copy of the judgement of the court of appeals was this day produced to me in said office 
and is in the words following to wit;
"Virginia to wit; At a court of Appeals held at the Capitol in the city of Richmond on Monday 
June 18th 1821
Robert L McDowell, John McMullin, John Irvine, C. Dorman, Isaac Caruthers, David McCormick, 
James Gold, Edward Brown, John Dalton, Charles Kirkpatrick, William Finley, James Hays, David 
Moore, Robert Anderson, Matthew Hanna, James Moore Jr., D. Blain, James Moore Sr., James 
Kirkpatrick, William Kirkpatrick and John Kirkpatrick, appellates, against James McDowell, 
appellee, Upon an appeal from a judgement rendered by the Superior court of Law held in 
Rockbridge county on the thirteenth day of April 1820 reversing an order made by the county 
court of Rockbridge on the fifth day of June 1817 granting leave to open the road petitioned 
for by the appellants.
  On the motion of the appellants by their counsel, and for reasons appearing to the court; It 
is ordered that this appeal be put upon the docket, and the appellee being solemnly called and 
not appearing: on the further motion of the said appellants by their counsel; It is further 
ordered that the said appeal be dismissed, which is ordered to be certified to the said 
superior court of Law.
        A copy teste H. Dance, cca


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