Rockbridge County, VA Chancery Order Book 1847-52, pp. 371, 404, 482. ************************************************************************** USGENWEB NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. ************************************************************************** ************************************************************************** The records for this work have been submitted by Angela M. Ruley, reddog@rockbridge.net, Natural Bridge, VA, unless otherwise indicated. [©1997 All rights reserved.] ************************************************************************** ************************************************************************** Rockbridge County, VA Chancery Order Book 1847-52, p. 371 (Transcript) Circuit Court 19 April 1851 Adam Wilhelm and Margaret his wife, John Morris and Elizabeth his wife and Andrew Hayslett trustee in a marriage contract between said Morris and wife. Plaintiffs against Hiram Vess in his own right and as Administrator of Samuel Vess decd, Addison Vess, George W. Vess, Samuel Vess, Elias Vess, John Vess, William Vess, Andrew Vess, Archibald D. Rowsey and Mary his wife, William Alphin, Andrew Lindsay, William Dixon, James Johnston, William Elliot, William Denton, and John Ford. Defendants The Defendants Elias Vess, John Vess and John Ford who are out of this county and against whom the plaintiffs appear to have proceeded in the mode presented by law against absent defendants still failing to appear and answer and the subpoena awarded in this cause having been returned executed on the Defendants Addison Vess, George W. Vess, Samuel Vess, William Vess, Andrew Vess, Archibald D. Rowsey and Mary, his wife, William Alphin, Andrew Lindsay, William Dixon, James Johnston, William Elliott and William Denton, and they still failing to appear and answer the two months have elapsed as well since the Plaintiffs filed their bill as since the service of the subpoena. On the motion of the Plaintiffs by Counsel, their Bill is taken for confessed as to the said Defendants. Whereupon, the cause coming on this day to be heard upon the Bill and exhibits and the answer of the Defendant Hiram Vess in his own right & as administrator of Samuel Vess decd with the replication thereto was argued by counsel. On consideration whereof and by consent of the parties by their attorneys, it is ordered and decreed, that partition and division of the lands in the Bill mentioned be made between the Plaintiffs and Defendants, the heirs at law of Samuel Vess decd. or the vendues of such as may have sold or transferred their shares and that the same be assigned to the said parties to be held by them, their heirs and assigns forever by metes and bounds in severally but liable to be charged for any balances which may be found due from any of the said [parceners] to the estate of the intestate, upon a settlement thereof, to be hereafter directed. And a commission is awarded to be directed to James C. C. Moore, Henry McCorkle, James F. Harper, William B. Wilson, and Samuel R. Moore any three or more of whom may act to make the said partition and division and they will report their proceedings to the court in order to a further decree. ****************************************************************************** Rockbridge County, VA Chancery Order Book 1847-52, p. 404 (Abstract) 17 September 1851 Same vs. Same Ordered that commissioner Charles Chaplin ³do take, state and settle the accounts of Hiram Vess Administrator of Samuel Vess deceased,² and sd. commissioner to take into account any advancements made to any of the children of said Samuel Vess in his lifetime. Commissioner apptd. by decree of April last to divide the lands of said Samuel Vess among those entitled have failed to make a division on account of two of them, Henry McCorkle and James F. Harper, having an interest in some of the shares. Same commissioners ordered to make partition & division of said lands & report their proceedings to the Court. ****************************************************************************** Rockbridge County, VA Chancery Order Book 1847-52, p. 482 (Abstract) 15 September 1851 Same vs. Same It appears from the master's Report that there is a balance due the estate in the hands of the Defendant Hiram Vess Administrator of Samuel Vess deceased of $57.27 w/ int from 1 Sep 1852. Also debt still due from the to J & J Poague of $47.27 1/2 w/int on $28.76 1/2 cents from 1 Sept 1852. Ordered Deft to pay debt. Hiram Vess also indebted to plaintiffs Adam Wilhelm & Margaret his wife $58.27 and to John Morris & Elizabeth his wife $23.07 for property belonging to them and sold by sd. Hiram Vess. Hiram ordered to pay these debts w/ int. from 1 Sep 1852. **************************************************************************