Southampton County Virginia USGenWeb Archives Court.....Britt v. Yarbrough, 1795 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/va/vafiles.htm ************************************************ Southampton County Virginia USGenWeb Archives Court Records Matthew BRITT vs. Richard YARBROUGH, Chancery Case 1795-002 Southampton Co., VA, Chancery Court Papers. [Image # refers to LVA Southampton Chancery Microfilm Reel 396] [image 0251 - folder] 1795-002 Southampton County Chancery Papers BRITT VS. YARBROUGH 1/1795 other surnames: Turner, Allen [Document 1 - Bill] [image 0252 - docketing] Britt v's. Y Inj'n._ Yarbrough ~~~~~~~~~ (=u=) January 1795 dissolvd [page end] [image 0253 - page 1 of bill] To the worshipful the court of Southampton County in chancery sitting Humbly complaining sheweth unto your worships yr. orator Matthew Britt. that sometime sued in the year of our Lord 1792 or three yr. o'r. was ["served" struck] in this court ^ by Richd. Yarbrough an Atto. of this court, on an account for fees, to wit. one for appearing vs. Benja. Turner, & another for defending yr. o'r. ads of Allen, who sued yr. orator for a trespass assault & battery. Yr. orator further sheweth unto y'r. worships that sometime after suit was brought he saw the sd. Yarbrough, &spoke to him on this business, informing him of the injustice & impro= priety of his petition against him; when the sd. Yarbrough promised y'r. o'r. that nothing more shd. be done in the sd. petition. Your orator further sheweth, that he never employed or spoke to Mr. Y'r. to appear for him in the suit v's. Turner, so that his charge in that particular as yr. o'r. is obliged to acct. with S:Kello ex'or as of Richd: is totally wrong; as to his demand for defending yr. Kello decd. for the same, whom yr. o'r. employed to prosecute for him. o'r. ad's. Allen, yr. orator solemnly declares that he borrowed the money of his brother Joseph Britt, (who will swear the same, as yr. o'r. believes) & paid the Sd. Yarbrough for his services._ But so it is may it please your worships that the sd. Y'r. notwithstanding the premises, did proceed on with his suit v's. yr. o'r., & hath recovered judgment v's. him for somewhere about 30/ & costs. & has now sued out execution v's. the effects of yr_ orator. In tender consideration whereof, & for as much as yr. orator is only relievable in this worshipful court, where matters of this nature are properly cognizable. To the end therefore that the sd. Richd. Yarbrough may or his corporal [page break] [images 0254 & 0255 - page 2 of bill (reverse of p. 1)] - oath full true &perfect answer make to all & singular the allegations of this bill, & that as fully as if they were herein again repeated, but more particularly, whether y'r. orator spoke to him to appear as his attorney in the suit v's. Turner; & whether yr. o'r. did not fully pay & satisfy him in the suit brought by Allen v's. y'r. o'r. & whether yr. o'r. did not speak to the sd. Yr. about this petition, & if he did not engage that nothing more shd. be done in this business, or words to this purport. And that yr. worships may order & decree an injunction directed to the sd. Richd. Y'r. to stay ^ proceedings at facts in law till the ["matter" struck] this bill can be enquired into, & then make the same perpetual, or make any further or other decree as may seem just, in the prayer of yr. orator. May it please the court to grant unto your o'r. the Com'lth's most gracious writ or writs of subpoena &c - --- B. Drew atto. for plff. ~~~~~~~~~ (=a=) [docketing shown inverted, at foot of page] [doc. end] [Document 2 - Answer] [image 0256 - docketing] Yarbrough} vs } Answer Britt __} [page end] [image 0257 - page 1 of answer] The answer of Richard Yarbrough to the bill of Complaint of Matthew Britt exhibited against him in Southampton Court. This defendant saving and reserving to himself all mann_ =ner of exception to the uncertainties & imperfections in the Said Com_ -plainants bill Contained, for answer thereto. or to so much thereof as he Conceives material for him to make answer unto he answereth & Saith, That Sometime on or about the day of the Said Complainant employed him to prosecute a suit against a Certain this defendant Turner, ^ ["your orator" struck] accordingly undertook, as as far as the nature of this case. and this defendants abilities did extend, he this defendant fully Complied on his part., that Subsequent to the transaction aforesaid, to wit, on or about the day of this deft. as well as ^ ["your Orator" struck] recollects, a verdict was brought in by a Jury in this Court in favour of a Certain Allen. against the Said Complainant, that a Certain Joseph Britt being present, employed this deft. ^ ["your Orator" struck] to move for a new tryal in the Said Suit, which he did this deft. with Success, for which Service the Said Joseph paid ^ ["your Orator" struck] this deft. two Dollars, that after this, ^ ["your Orator" struck] believes on the Same - this deft. day, the Said Complainant himself Spoke to ^ ["your Orator" struck] to attend to his Suit with the Said Allen and agree to give him three this deft. dollars for So doing, which ^ ["your Orator" struck] charged him with, but as the Said Complainant Started Some objections to an order that he this deft. drew upon him, ^ ["your Orator" struck] reduced the charge from 3 dollars to 15/. The Said Complainant after a Suit was brought in the this deft. name of ^ ["your Orator" struck] against him, did Speak to this defendant Concerning the Suit, when this defendant told him he would Re_ _duce the extra part of the fee, upon which the Complainant agreed to Settle it with Mr. Benjamin Drew, who was the holder of the order, and this defendant did tell him he believes, that in More terms the Suit would be dismissed, but at the Same time alleged, that he had nothing to do with the money, that Mr. Drew was to Receive it,_ There ia a Judgment for 30/- Recovered in this defendants name ads the Complainant, founded upon legal & just principals, and this de_ -fendant belileves execution has been ordered, but he denies, call fraud and injustice in this business, &prays to be decreed dismissed with his Reasonable Costs in this Suit, So wrongfully [page break] [image 0258 - page 2 of answer (reverse of p. 1)] Sustained ~ Nansemond County to wit before me Richard Yarbrough made oath ^ that the ["an" struck] foregoing answer as far as he knows & verily believes is true Given under my hand the 17th day of December 1793. A.Richardson u [docketing shown inverted, at foot of page] [case end] ****************************************************************************** Southampton Co. Ct.Min.Bk. 1790-93 [p.] 75 [...] At a court of quarter Session contd. & held for the county of Southampton on Saturday the 10th. day of March 1792 [...] ___ Allen vs Drews adm } both ___ } Scifa's Jury sworn to try ["the" struck] issues Same vs Same } by consent ^ to wit: Jno. T. Blow, James Gerrety, Jacob Turner, The. Scott Richd. Hallcome, sr., Richd. Hallcome jr., Jordan Williams, Benja. Andrews, Wm. Lumbley, John Scott, Robt. Andrews Wm. Harrison retd. verdict for the debts in the Scifa's mentioned & Jud. accordingly & costs ___ [...] [p.] 76 [...] ___ Allen vs Britt T.A.B. Jury sworn to try the issue to wit James Summerell, Lewis Joyner, John Martin, John Underwood, Ben. Edwards (of Thomas) Jno. T. Blow senr., Robt. Taylor Joel Yurner, George Blow, Rich'd. Blow, Francis Clements & Robt. Newsom Juror ["Jury" altered] withdrawn by consent & the cause dismd. & Jud. accordingly & costs ___ at defts. costs. [...] [p.] 77 [...] ___ Benja. Britt vs Priscilla Britt Chy. Bill filed & spa to issue vs deft. ___ [...] [p.] 84 [...] At a court of contd. & held for the county of Southampton the 15th. day of June 1792. [...] [p.] 85 [...] ¯|¯¯ fifa issd. | Yarbrough vs Turner petn. Judgment by def. for £1.10.0 & costs _|__ [...] Southampton Co. Ct.Min.Bk. 1793-99 [p.] 44 At a court of contd. & held for the county of Southampton on friday the 13th. day of Septbr. 1793. [...] ___ vs Scott petn. Curtis ass.ee ["vs" struck] Yarbrough ^ Petn. new ^ summons ___ [...] [p.] 45 [...] ¯|¯¯ fifa issd. | Yarbrough vs Britt Petn. Judgment by default for £1.13.0 & costs. _|__ | Yarbrough vs Worrell Petn. dismissed defts. costs. ¯|¯¯ [...] [p.] 53 At a Court of quarter Session contd. & held for the county of Southampton on friday the 15th. day of Novbr. 1793. [...] [p.] 54 [...] ___ On the motion of Matthew Britt by Benjamin Drew his atto. to stay the proceeding of a judgment & ex'on at common law obtain'd against him Richard Yarbrough the same is granted on his giving bond and security at the next court ___ [...] [p.] 63 At a court of held for the county of Southampton the 9th. January 1794 [...] [p.] 64 [...] ___ Willis Britt orphan of Jordan Britt decd. chose Jesse W. Moore his gu'dn, who gave bond &c ___ [...] [p.] 133 At a court of continued & held for the county of Southampton the 9th. day of January 1795 [...] [p.] 134 [...] [check mk.]| Same [Oldner] vs Yarbrough pet. dismissed _|__ [...] ¯|¯¯ fifa issd. | Hill vs Britt pet. Jud. by default according to spy. [specialty] & costs _|__ [page end] [p.] 137 Ordered that the overseers of the poor bind out Willis Britt orphan of Jordan Britt decd. according to law [...] [p.] 138 Britt vs Yarbrough Injn. Heard on the bill and answer on conside_ ration whereof it is decreed and ordered that the same be dissolvd _|__ Ordered that the court be adjd. till court in course [...] ****************************************************************************** Additional information: Several unrelated items mentioning YARBROUGH and the BRITT family, found while researching this case, have been included. Matthew BRITT & wife had brought suit against Benjamin TURNER, executor of Joseph TURNER, though the case is not mentioned in the Court Order or Minute Books. (Southampton Co. Chancery Case 1787-004) Contributed for use in USGenWeb Archives by: Matt Harris, Zoobug64@aol.com [brackets mine] [ALLEN, BRITT, DREW, TURNER, YARBROUGH] file at: http://files.usgwarchives.net/va/southampton/court/1795_002.txt