Rockbridge County, VA Decided Causes, File 20, Bundle 86. ************************************************************************** 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 Decided Causes, File 20, Bundle 86. William Tolley's Admr. vs. William Tolley's heirs. Transcription of Deed of Sale from William Tolley's heirs to Samuel Vess' heirs. No signatures appeared on this document. Whereas William Tolley deceased did in his lifetime bargain and sell unto Samuel Vess deceased the tract of land hereinafter more particularly described, one share of which he held in right of his wife, who was a daughter of James Taylor, and the balance by purchase from John Tolley & Abigail his wife, and Elizabeth Taylor, the said Abigail and Elizabeth being also daughters of said James Taylor and the said land in the division of said James Taylor's estate having been assign to said Sarah, Abigail, and Elizabeth, in whom together with their said husbands, the title still remains, and Wm. Tolley and Samuel Vess having both departed this life. The legal title to said land remaining as above stated, in the aforesaid heirs of James Taylor deceased, and they as well as the heirs of said William Tolley dec'd being willing to convey the same to the heirs of said Samuel Vess. Now this Indenture made this 27th day of July in the year one thousand eight hundred and forty three Between Sarah Tolley widow of said William and one of the daughters of said James Taylor John Tolley, and Abigail his wife late Abigail Taylor and Elizabeth Taylor of the first part and James Tolley Andrew Tolley Joseph Tolley Wm. Tolley Alexander Tolley David Clarke and Cynthia his wife late Cynthia Tolley John Ford and Sarah his wife late Sarah Tolley Isaac Clarke and Annie his wife late Annie Tolley Wm. Ford and Rebecca his wife late Rebecca Tolley all of the county of Rockbridge and James Lemmon & Elizabeth his wife late Elizabeth Tolley of the county of Wood, children of the second part and Addison Vess George W. Vess William Vess Hiram Vess Samuel Vess Elias Vess John Vess Andrew Vess Margaret Vess Elizabeth Vess & Mary Vess children & heirs of said Samuel Vess of the third part. Witnesseth that the said Sarah Tolley John Tolley & Abigail his wife and Elizabeth Taylor James Tolley Andrew Tolley Joseph Tolley William Tolley Alexander Tolley David Clark & Cynthia his wife John Ford and Sally his wife Isaac Clarke and Annie his wife Wm. Ford and Rebecca his wife and James Lemmon and Elizabeth his wife in consideration of the premises and of the sum of one dollar to them paid the receipt whereof is hereby acknowledged Have granted bargained and sold and by these presents Do grant bargain and sell unto the said Addison Vess George W. Vess William Vess Hiram Vess Samuel Vess Elias Vess John Vess Andrew Vess Margaret Vess Elizabeth Vess and Mary Vess a certain piece or parcel of land lying and being on the headwaters of Colliers Creek in the said county of Rockbridge containing by a survey made by Stephen R. Price on the 19th day of February in the year 1813 one hundred and seventeen acres be the same more or less and bounded as follows, Beginning at three small chestnuts near a path thence s 68 1/2 W 20 pls to a sugar tree thence, S 24 W 16 pls to a stake on the point of a ridge thence S 9 W 36 pls to a dogwood and hiccory stumps thence, S 29 W 11 1/2 pls to a hiccory on the steep side of a hill, thence, S 54 1/2 E 37 pls to a lynn & walnut thence N 86 E 43 pls to a bank of stones by a run near the root of a white walnut thence, N 87 E 83 pls to two red oaks thence S 69 E 38 pls to a hiccory & white oak thence, N 75 E 31 poles to two white oaks on the old line then with the same S 22 W 45 poles to a stake at a run near a sugar tree then, S 63 W 38 pls to a chestnut oak on a steep hill thence, S 59 W 25 pls to two sugar trees in a hollow corner to John Standoff then with his lines, N 48 W 38 poles to two red oaks and an ironwood by a path then, N 63 1/2 W 59 poles to a walnut thence, N 82 1/2 W 61 1/2 poles to a double shan[] in oak then, N 42 1/2 W 21 poles to a dogwood on the north side of a steep hill then, N 7 1/2 W 120 poles to a white oak and ash then, N 48 E 54 poles to a large white oak thence, S 35 E 59 pls to the Beginning. To Hold the said tract of land with its appurtenances to the said Addison Vess George W. Vess William Vess Hiram Vess Samuel Vess Elias Vess John Vess Andrew Vess Margaret Vess Elizabeth Vess & Mary Vess their heirs and assigns forever. And the parties of the first and second part do for themselves and theirs respective heirs executors and administrators covenant and agree to and with the parties of the third part Their heirs executors and administrators and assigns that they will warrant forever and forever defend the title to the said tract of land with its appurtenances against & the claims and demands of all persons whatsoever, to the parties of he third part their heirs and assigns. In Witness whereof the parties aforesaid have hereto set their hands & seals the day and year first & above written. A companion document follows: ****************************************************************************** Rockbridge County, VA Decided Causes, File 20, Bundle 86. "William Tolley's Admr. vs. William Tolley's heirs." Transcription of Deed S. Tolley & c to A. Vess & c. We Addison Gilmore & William C. Lewis justices of the peace for the county aforesaid do hereby certify that Alexander Tolley, James T. Tolley, Andrew Tolley, William Tolley, David Clark, John Ford, John Knick, Isaac Clark, & Joseph Tolley, Salley Tolley, Abby Tolley parties of the foregoing deed of conveyance bearing date on the 27th day of July 1843 personally appeared before us in our county aforesaid and severally acknowledged the same to be their act and deed and desired us to certify the said acknowledgements to the clerks of the county court of Rockbridge in order that the said deed may be recorded We further certify that Sally Tolley Abby Tolley, Sintha Clark, Sally ford, Ann Clark and Polly Knick also parties to said deed ad wives of Alexr. Tolly, Sintha Clark wife David Clark John Ford, Isaac Clark, & John Knick parties to the said deed also appeared personally before us in our said county and being examined by us privily and apart from their aforesaid husbands and having the Deed aforesaid fully explained to them severally acknowledged their [s ] to be their act and deed and declared that they had willingly signed sealed and delivered the same and that they wished not to retract it Given under our hands & seals this 27 day of July 1843. A. Gilmore (seal) Wm. C. Lewis J.P. (seal) Sealed and delivered in the presence of Sarah Tolley (seal) Abby Tolley (seal) Alexander Tolley (seal) James T. Tolley (seal) Andrew Tolley (seal) Wm. Tolley (seal) David Clark (seal) C. Sinthia Clark (seal) John Ford (seal) Sally Ford (seal) John Knick (seal) Ann Clark (seal) Isaac Clark (seal) Polly Knick (seal) Joseph Tolley (seal) (seal) (seal) (seal) (seal) (seal) (seal) ****************************************************************************** 29 Jan 1842- Rockbridge Decided Causes File 20, Bundle 86 Abstract of William Tolley's heirs vs. William Tolley's Admr. * Agreement between William Tolley and James Siders. Said Siders rented a tract on Colliers Creek where Andrew Tolley now lives, all tillable land. * William Tolley on bond to pay William Dixon his executions against Andrew Tolley ($20-30.00). Dixon to release Tolley's negro boy Isaac, (Andrew's property). * William Tolley died intestate May 1842. His personal estate valued at $1,300- $1,500.00. Debts were more than that amount. * Heirs: Sarah Tolley, widow; James T. Tolley; John Nick and Mary his wife; Andrew Tolley; Joseph Tolley; James G. Lemon and Elizabeth his wife of Wood County; David Clark and Cynthia his wife of Botetourt County; John Ford and Sarah his wife; William Tolley of Botetourt County; Isaac Clark and Ann his wife; Alexander Tolley; William Ford and Rebecca his wife. All over age 21 years. Matthew and William White, William Hamilton of IN (retained James D. Davidson of Rockbridge as attorney) are creditors of said intestate. * Petition of Harriet Ann Vess, late Harriet Ann Tolley, widow of Andrew Tolley deceased. Andrew was entitled to $66.29. * Andrew Tolley removed to County of Ritchie in 1847, and died 14 Dec 1849, intestate. Harriet Ann remained there until Jan 1852, then returned to Rockbridge with her three children named, William T. Tolley, John V. Tolley, and Cynthia Agnes Tolley, the only children of Andrew Tolley deceased. The children are now aged 10, 8, and 5. (undated petition) * James Taylor died seized of a tract of 117 acres, which descended to Sarah, wife of William Tolley; Patsy, wife of John Nick; Abigail, wife of John Tolley; and Elizabeth Taylor. * William Tolley purchased the shares for $100.00 from J. Tolly and wife; and Elizabeth Taylor on 20 Mar 1815- He sold the entire tract to Samuel West (Vest?) * 17 Apr 1847- Andrew Tolley still on Lot # 2, and Alexander Tolley remains there as well. * 07 Feb 1848- Alexander Tolley, William Tolley, David Clark, William Ford, Joseph Tolley, Isaac Clark, gave James G. Paxton as much of their interest in William's estate as would be sufficient to pay a bond due Paxton of $50.00 with interest. * Sarah's dower divided into 2 tracts; 1- 103 acres 75 poles, purchased by John M. Armintrout for $6.50 per acre. 2- 75 acres 150 poles purchased by James Goodbar for $6.50 per acre. * 5th Commissioner's Report: * 12 Apr 1847- Alexander Tolley remains in possession of house and premises of tract purchased by Goodbar and refuses to deliver. * 17 Apr 1847- Andrew Tolley remains in possession of house and premises of tract purchased by Armintrout and refuses to deliver. * They destroyed a good many of the fences and injured the houses and outbuildings. * 22 Feb 1849- Distributive shares: Joseph Tolley- paid $66.29 Andrew Tolley's widow, Mrs. Vess- paid $66.29 Alexander Tolley- paid $2.45 James T. Tolley- paid $36.05 William Tolley- paid $66.29 John Nick and Mary his wife- paid $66.29 James G. Lemon and wife- paid $2.45 Isaac Clarke and wife- paid $66.29 David Clarke and wife- paid $2.45 * These shares weren't paid until after 11 May 1874. John Ford and Sarah his wife- paid $143.00 (paid 4 Apr 1874) William Ford and wife- paid $66.29 James T. Tolley- paid 3 Aug 1882 to Alexander Knick $36.05 Alexander Tolley- paid $2.45 Jas. G. Lemon and wife- paid 3 Aug 1882 to Wm. T. Shields attorney, $2.45 David Clarke and wife- paid $2.45 John Ford and Sarah his wife- paid $143.00 Signers of a deed: Sarah Tolley, Abby Tolley, Alexander Tolley, James T. Tolley, Andrew Tolley, William Tolley, David Clark, C. Sinthia Clark, John Ford, Sally Ford, John Knick, Ann Clark, Isaac Clark, Polly Knick, Joseph Tolley. * William Tolley, Sr. died May 1843. * Feb 1844- David Clark and Cynthia his wife, and William Tolley were living in Botetourt County, VA. * Sarah Tolley, widow of William Tolley deceased, James T. Tolley, John Nick and Mary his wife, Andrew Tolley, Joseph Tolley, John Ford and Sarah his wife, Isaac Clark and Ann his wife, Alexander Tolley, William Ford and Rebecca his wife, all lived in Rockbridge County, VA. * James G. Lemon and Elizabeth his wife lived in Ritchie County, VA. * Andrew and Alexander Tolley wouldn't leave the land because it sold for less than the full value. The land was ordered to be resold. * Sarah, widow of William Tolley deceased, was deceased by Apr 1846. * Nov 1846- David Clark and wife lived in Allegheny County, VA. * Nov 1846- Joseph Tolley, James T. Tolley, Andrew Tolley, Alexander Tolley, John Nick, Isaac Clark, William Ford, lived in Rockbridge County, VA * Lands sold as follow: 1- Anderson Crawford one tract for $185.00 2- Samuel Nick one tract for $350.00 3- Andrew H. Lecky one tract for $900.00 * total of sales = $1,635.00 * Sep 1847- Andrew and Alexander Tolley still won't deliver the lands. * Sarah Tolly, widow of William, was dead by 14 Apr 1846. * 07 Mar 1843- Sale of lands #1- 40 Acres- James F. Harper $910.00 #2- 11 1/2 Acres- Phillip Hull $207.50 #3- 8 1/2 Acres- Robert H. Gold $111.00 #4- 3 Acres- Stephen G. Fenton $80.00 #5- 77 Acres- Addison Gilmore $263.00 Total of Sales $1,571.00 * Some of the daughters of William Tolley deceased are married to insolvent persons and they wish their shares of the estate to be set apart for their own use and not to be subjected to their husband's debts. * 23 Feb 1849- Each distributive share, $65.20 1/2 were all marked paid except Andrew Tolley, John Nick and Mary his wife, John Ford and Sarah his wife. * Andrew Tolley died Dec 1849 * William B. Wilson was a teacher,- he taught William's children. * (Undated) James G. Lemon and Elizabeth his wife of Wood County, VA. * David Clarke & Cynthia his wife of Botetourt County, VA * William Tolley of Botetourt County, VA * Andrew and Alexander Tolley had bid for the tracts they possessed but were insolvent and needed securities present. Lewis C. Entsminger stated that Andrew Tolley was irresponsible and would therefore have had a hard time obtaining security. * 26 Jun 1849- Joseph Tolley requested that the balance of his share be paid to William Ford. (Adam Knick and David Green witnessed). * Harriet Ann Tolley Vest was paid 20 Apr 1854. * James G. Lemon and Elizabeth of Ritchey County, VA, appointed Henry Haslitt of Rockbridge as attorney. 19 Jan 1849. * Many depositions were taken on the value of the land, most thought it undersold. * Samuel West (Vest?) purchased a tract from William Tolley March 1815, 117 Acres. THE VALLEY STAR (Rockbridge County, VA Newspaper) 7 May 1846, Advertisement of Sale. * Sale of land by virtue of Circuit Superior Court of Law and Chancery of County of Rockbridge at its April term 1846 in suit of Tolley's Admr. vs. Tolley's heirs. Commissioner to sell at auction at the late residence of Mrs. William Tolley on 13 Jun 1846, remainder of the land unsold of which William Tolley dec'd. died sezed, viz: 1st tract: 200 Acres with dwelling house on which Joseph Tolley now lives, adjoining land of Joseph Tribbett, Alexander Entsminger, and others. 2nd tract: on which John Knick now lives, 200 Acres adjoining James Brads, Lewis Entsminger and others. 3rd tract: 30 Acres with good log dwelling house, adjoining Wm. Armentrout and others. 4th tract: on which John Ford now lives- 60 Acres, adjoining James Clarke and others. 5th tract: Tract in Arnold's Valley, uncleared and valuable for timber. 6th tract: on which James T. Tolley now resides, acres unknown. James Gardner Paxton, Commissioner. Valley Star 7 Nov 1846, Advertisement of Commissioner's sale: Residue of real estate of William Tolley dec'd. Dower tract which was assigned to the widow will be sold. 170 Acres, Log Dwelling House- Grist Mill and Saw Mill. The most valuable tract on Colliers Creek. Signed 5 Oct 1846 by James G. Paxton, Commissioner. ***************************************************************************