Southampton-Isle of Wight-Sussex County Virginia USGenWeb Archives Court.....Clements v. Atkinson, 1814 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/va/vafiles.htm ************************************************ Southampton County Virginia USGenWeb Archives Court Records John CLEMENTS' executor Francis CLEMENTS' executor John URQUHART vs. Timothy ATKINSON [ATKINS] & wife Betsy, widow of Joseph BRITT [Sr.], et al. Chancery Case 1814-056 Southampton Co., VA, Chancery Court Papers. [Image # refers to LVA Southampton Chancery Microfilm Reel 407] [image 0663] 1814-056 Southampton County Chancery Papers [image 0663 - folder] CLEMENTS' Executor VS. ATKINS et ux. et al. 2/1814 other surnames: Britt, Stephenson, Cook, Atkinson, Moody, Urquhart, Holliman [image 0664 - folder] 1814-056 Chancery Papers: Clements' extor VS Atkins & al Southampton County [Document 1 - Bill] [images 0665 & 0666 - docketing] Frs. Clements vs Jo.Britts Exers. & others._ Bill._ ___ Abates Compl dead [page includes computations - see below] [image 0667 - computations] Co Sh ___ fee 1.96 3.60 5.00 26_ 3.60 1.02 ŻŻŻŻŻŻŻŻ 1.28- .58- 9.47 ŻŻŻŻŻŻŻŻ 14.57 5.00 7.20 .50 ŻŻŻŻŻŻŻŻ $27.27 [page includes docketing - see above] [page end] [image 0668] [page 1 of bill] To the worshipful Court of Southampton county sitting in Chancery humbly complaining shewith unto your wor- John Urquhart Exr. of -ships your Orators ^ Francis Clements &c. ___ That some time in the year 1797 ["your orators" struck] ["testator" struck] John Clements decd. did enter into a bond with Joseph Britt, to one Samuel Moody, in the penalty of £500_0_0_ to warrant and forever defend the title to a certain tract of Land sold by the said Jo. Britt to the said Moody of 400 acres be the same more or less, situated in the Coty. of Isle of Wight: which said bond was executed on the following condition, that if the said land shou'd be lost by the said Moody, or recovered of him by law, from any defect in the title, on which it was held by the said Britt; that then and in that case, he the said Britt and John Clements his security, should forfeit to the said Moody the penalty of the said obligation for five hundd. pounds, payable to him the said Sam. Moody for reimburs _ing him the value of the land; Interest & cost of suit _&c. [page break] [images 0669 & 0670] [page 2 of bill] And now so it is that suit was instituted against the said Moody and Judgment rendered vs him for the whole tract of Land, cost of suit &c. After which an action was commenced by John Holliman Assee. of Saml. Moody on the aforesaid bond against your orators Testator Francis Clements as representative of John Clements, to recover the penalty therein specified; and on which said bond Judgment was entered up for him in the District Court of Suffolk: & Testator Frs. Clements on which said Judgment your orator's ^ has paid the sum of two hundred & ninety two pounds fourteen Shillings, as will appear by the Sheriffs receipt herewith exhibited, shewing the full discharge of that sum. _ Your orator further states that for the purpose of securing the said John Clements, in any sum which he might be subject to pay for the said Britt, as being his security, there was a tract of Acres of Land held and owned by the sd. Jo. Britt mortgaged to the said John Clements, as is shewn by this indenture hereto annexed, which said tract [page break] [image 0671] [page 3 of bill] of Land and its appurtenances your orator prays this court will order and decree may be sold agreeable to the true intention of the parties at the time of making the said indenture; and that the money aris- =ing from the sale be applied to the reimbursment of ["your orator in" struck] the damage ["he has" struck] sustained by Frs. Clements your orators testator. _ Timothy Atkins Your orator further prays that ["John Urquhart Exr." struck] ["of Joseph Britt" struck]_ Elizabeth Atkins formerly Eliza Britt & Milley, his wife John Britt, Harrison Britt, ["Milley" overwritten] John Stephenson ["wife of John" struck] late Milley Britt | & Betsey his wife late Betsey Britt, ["Stephenson, Betsey Cook wife of" struck] John Cook^, Nancy Britt Joseph Britt, Benja. Britt Solomon Britt and Sally Britt may be made defendants to this bill, and may answer the allegations therein contained_ _ and your orator shall ever pray &c.,,___ __ J.Fort, for the complainant _ [page end] [Document 2 - bill of revived suit] [image 0672 - docketing] Urquhart Exr. Clements vs Atkins Britt &c. Bill in Chancery for sale of Land._ January 1814 Decree [images 0675 & 0676] [page 1] To the worshipful Court of Southampton County sitting in Chancery, humbly co[mplaining], sheweth unto your worships your orator Jo[hn Urqu]hart Exers. of Francis Clements &c. ___ That [s]ome time in the year 1797. John Clements decd. did enter into a bond with Joseph Britt (since dead) to one Samuel Moody in the penalty of £500_0_0 to warrant and forever defend the title to a certain tract of Land sold by the said Jo. Britt, to the said Saml. Moody of 400 acres, be the same more or less, situated in the County of. Isle of Wight: which said bond was executed on the following condition; that if the said land shou'd be lost by the said Moody; or recovered of him at Law, from any defect in the title, on which it was held by the said Britt; that then and in that case, he the said Britt and John Clements his security, shou'd forfeit to the said Moody the penalty of the said obligation entered into for £500.0.0 payable to him the said Sam. Moody, for reimburseing him the value of the Land, Interest, & cost of Suit. __ And now so it is may it please the Court, that suit was instituted against the said Moody, and Judgment rendered vs him for the whole tract of Land, cost of suit &c. After which an action was commenced by John Holliman Assee. of Saml. Moody on the aforesaid bond, against your orators testator, Francis Clements, as representative to John Clements, to recover the penalty therein specified; and on which said bond Judgment was entered up for him in Suffolk District Court; and on which said Judgment your orators testator Frs. Clements did pay the sum of two hundred & ninety two pounds fourteen shillings 1d., as will appear by the Sheriffs receipt herewith exhibited, shewing a full discharge of that sum. Your orator further states that for the purpose of securing the said John Clements, in any sum which he might be subject to pay for the said Britt [page break] [remainder not filmed?] [Document 3 - subpoena to Sussex Co. defendants] [image 0679 - docketing] Urquhart exr. Clements } Spa to vs } } Revive suit Stephenson in Chy. &wife _ To March 1809 [page includes computations on adjacent panel of folds] 18' M 26 ord 18' Spa 18x ret 18' filg bill 26 Rule 26 -Rule 1809 26 Rule June Sep 52x gnal Court 400 Do till Jany 1814 ŻŻŻŻŻŻŻŻ 18 Mot 26' or - 26' decree.- 18 Co 18x pat- 40 Costs 1.63+ ŻŻŻŻŻŻ 9.47 [page end] [image 0680] [subpoena] Southampton county Sct The Commonwealth of Virginia to the Sheriff of Sussex county greeting We command you to Summon John Stephenson and his wife to appear before the justices of our county Ct. of Soton. at the Cthouse On the 3rd. Monday in this prest. Month March to shew good and sufficient cause if any they can why a certain bill and the proceedings thereupon had agt. them and others in our sd. court heretofore brought by Francis Clements exr. John should not be revived &further to do And recieved ["Such things" struck] in the name of Jno Urquhart exr. Francis Clements decd. who was exr. of John Clements decd. And further to do &recieve what our sd. court shall in that part consider & this they shall not Omit under £100 penalty And have then there this writ Witness Sam Kello clerk of our Sd. Court at the Cthouse the 4th day March 1809 & 32 year of the ====commonwealth Sam Kello [Document 4 - subpoena to Southampton Co. defendants] [image 0681 - docketing] 186 ŻŻŻ Urquhart exr. Clements vs } Spa to revive Suit } in chy. Atkinson &others To March 1809 ___ ŻŻŻ Executed: except on Joseph Britt who is no Inhabitant Jno.Nicholson Dpy. of Saml.Calvert Shff. [page end] [image 0682 - subpoena] The commonwealth of Virginia to the Sheriff of Soton. County County Greeting we command you to Summon Timothy Atkinson & Elizabeth his wife formerly Eliz Britt Jno Britt Harrison Britt Jno Cook and Betsey his wife late Betsey Britt Nancy Britt. Joseph Britt Benjamin Britt Solomon Britt &Sally Britt to appear before the justices of our sd. County Court On the 3rd. Monday in this prest. Mo. March. to shew cause if Any they can why a certain bill and the proceedings thereupon had agt. them in our Court heretofore brought by Francis Clements excutor of Jno in the name of Jno Urquhart exr. Francis Clements who was exr. of Jno. Clements decd. should not be revived ^ further to do and receive Such things as our sd. Court shall in that part consider & this they shall not Omit under the penalty of £100 each And have then there this writ Witness Sam Kello clerk of our sd. Court at the Cthouse the 4 of March 1809 & 33 year of the commonwealth S.Kello [page end] [Document 5 - subpoena to Southampton Co. defendants] [image 0683 - docketing] 64 ŻŻŻ Clements } vs } Spa Urquhart adm } in Britt &c &c } Chancery To March 1808 __ ŻŻ Executed John Nichol = son Deputy of Saml. Calvert Shff [page end] [image 0684] [subpoena] The commonwealth of Virginia to the Sheriff of Soton. County greeting you are hereby commanded to Summon John Urquhart adm. Joseph Britt decd, Timothy Atkinson and Elizabeth his wife formerly Elizabeth Britt widow of Said Joseph Britt, John Britt, Harrison Britt, John Cook and Betsey his wife formerly Betsey Britt, Nancy Britt, Joseph Britt, Benjamin Britt, Solomon Britt and Sally Britt, children of sd. Jos. Britt decd. to appear before the justices of the County Court of So.ampton at the Courthouse of the sd. County On the 3rd. Monday in March next, to answer a bill in chancery exhibited Against them by Francis Clements and have then there this writ Witness Sam Kello clerk of our Said Court at the Cthouse the 25 day of Jany. 1808 and 32 year of the commonwealth Sam Kello 30 12 ŻŻŻŻŻŻ 360 [page end] [image 0685 - folder ] 1814-056 Chancery Papers: Clements' extor Vs Atkins & ux & al 2/1814 Southampton County [Document 6 - decree] [image 0686 - docketing] Urquhart ex'or } vs } Atkinson &c. } Decree } February 21st. 1814 rept. retd. & Decree final [page end] [images 0687 & 0688] [decree] Southampton January Court 1814 John Urquhart Executor of Francis Clements } who was executor of John Clements decd. Complts} against } In Chancery Timothy Atkinson & Elizabeth his wife formerly } Elizabeth Britt, John Britt, Harrison Britt } John Cook, and Betsey his wife late Betsey Britt} Nancy Britt, Joseph Britt, Benjamin Britt & } Sally Britt & John Stephenson & his wife Defts} This Cause this day Came on to be heard on the bill answer exhibits and arguments of Counsel whereupon it is decreed and ordered that the defendants Shall on or before the first day of February next pay to the plaintiffs two hundred and ninety two pounds fourteen Shillings and one penny and Interest thereon to be computed after the rate of Six per centum per annum from the 18th day & costs of May 1807 till the time of payment, and in default thereof that they be forever foreclosed from all equity of redemption of in and to the tract of land which was conveyed by Joseph Britt to John Clements, containing acres which Said land was purchased by the said Joseph Britt of a certain Brittain Britt, and that Samuel G. Boykin, Silas Summerell, Simon Boykin, and Arthur Holliman, or any two of them first having duly advertised the time and place of Sale for ten days previously, make Sale of the Said land and with the proceeds thereof pay and Satisfy the plaintiffs claim & costs and the Surplus if any pay over to the defendants or those legally entitled, and convey the Same to the purchaser or purchasers by deed and make report thereof to the Court in order to a final decree Costs (to wit) Teste Cl: 14.57 James Rochelle D.C. Sh. 7.20 fee 5.00 Tax .50 ŻŻŻŻŻŻŻŻ $27.27 [page end] [Document 7 - commissioners report] [image 0689 - docketing] Report With a Decree of the Court annexed [page end] [image 0690] [report] Agreeable to a Decree of the Honorable Court of South, =ampton, bearing date January Court 1814, We have Proceeded to advertise, and sell, to the Highest bidder, One Certain tract of land, Joseph Britt Since Dec'd, Purchased of a Certain Brittain Britt, and after =ward Conveyed the same, by an Indenture, to John Clements, late of Southampton, to Secure a Certain sum mentioned in said Conveyance, Containing One hundred acres (Subject to the Dower right of Elizabeth Atkinson, wife of Timothy Atkinson, and formerly wife of Joseph Britt Senr. deceased, & Samuel G. Boykin, Became the Purchaser for the sum of two hundred and seventy Dollars we have Conveyed a title To him for the Same, and as the sum is insufficient To Satify the claim for which it was sold, we have Paid the whole amo. to John Urquhart Ex'or of Francis Clements, who was Executor of John Clements Deceased _ Given under Our hands this 19th. February 1814 Silas Summerell} Commissrs. Arthur Holliman} } [page end] [Document 7 - sheriff's receipt] [image 0691] Memo. The within statement is for the same Judgment, obtained in the district Court of Suffolk on a forthcoming bond which was given to Francis Clements as Execu= =tor of John Clements decd._ Given under my hand this 18th. August 1807. _ Robt. Mabry, Shff ŻŻŻŻŻŻŻŻŻ Shff Rect._ to Frs. Clements for Hollimans Debt. vs Frs. Clements as Executor of Jno. Clements who was secy. for Joseph Britt.__ [page end] [images 0692 & 0693] John Holliman Asee.} of Samuel Moody } vs } of Fifa from D.Court to Francis Clements & } 1st. day of August 1807 Benjamin Hines . . } Debt . . . . . . . . . . . . £170. 0. 0 . Intrest from 14th. Decr. 1796} Say to 1st. August 1807} . . . . . 108. 7. 6 Cost 4 dollars 62 Cents . . . . . . 1. 7. 9 ŻŻŻŻŻŻŻŻŻŻŻ £279.15. 3 Sheriffs Commission . . . . . . 8. 6. 4 ŻŻŻŻŻŻŻŻŻŻŻ £288. 1. 7 expense keeping Negro's . . . . 4.12. 6 ŻŻŻŻŻŻŻŻŻŻŻ £292.14. 1 ___________ ŻŻŻŻŻŻŻŻŻŻŻ Recd. August 18th. 1807 of Mr. Francis Clements, the above sum of two hundred and Ninty two pounds 14/1 for Debt, Intrest and Cost of John Holliman's Fifa from District Court against said Clements, which Fifa is dated 30th. May 1807 __ Robt. Mabry Shff. ŻŻŻŻŻŻŻŻŻ [page end] [case end] ***************************************************************************** Additional information: The indenture at the root of this suit- for the conveyance of 400 acres in Isle of Wight Co., from Joseph BRITT & wife Elizabeth of Southampton Co. to Samuel MOODY of Surry Co., 14 Dec 1796 (2 Jan 1797), with 3 grants to Joseph BRITT annexed, is posted at: http://files.usgwarchives.net/va/isleofwight/deeds/18db097.txt The bill of complaint asserts that Francis CLEMENTS was surety on a bond on that conveyance (though the bond is not entered as evidence), and that Samuel MOODY's assignee John HOLLIMAN won a judgement against BRITT & CLEMENTS in District Court at Suffolk. Joseph BRITT, Sr. conveyed this tract to John CLEMENTS, 25 May 1797 (DB8:557), as security for warranty on BRITT's sale of 400 acres in Isle of Wight Co. to Samuel MOODY. A transcripion of the deed of trust is posted at: http://files.usgwarchives.net/va/southampton/deeds/08db557.txt The nuncuperative will of John CLEMENTS has not been found. Timothy ATKINS [ATKINSON] challenged the will in court, 21 Oct 1799, but his suit was dismissed. (Southampton Co. OB1799-1803, p. 44) Edmund COSBY was ordered to be paid for 3 days' attendance at court & riding 24 miles once, as a witness for Francis CLEMENTS against ATKINS, 20 Nov 1799. (Southampton Co. OB1799-1803, p. 54) Francis CLEMENTS left will 31 Dec 1807, proved May court 1808, naming John URQUHART his executor. (Southampton Co. WB6:553-55) The commissioners appointed by the court in the the decree conveyed the BRITT tract to Samuel G. BOYKIN 19 Feb 1814, acknowledged 21 Feb 1814 by Silas SUMMERELL & 21 Mar 1814 by Arthur HOLLEMAN; file posted at: http://files.usgwarchives.net/va/southampton/deeds/14db023.txt The children of Joseph BRITT [Sr.] (& his daughters' husbands) brought suit against Joseph's widow Betsy, who'd remarried to Timothy ATKINSON [ATKINS], for the division of the estate. The case - styled COOK et ux. et al. v. ATKINS - is posted at: http://files.usgwarchives.net/va/southampton/court/1808_018.txt The Joseph Sr.'s sons John & Benjamin BRITT brought suit against Simon BOYKIN and their surviving siblings & brothers-in-law, seeking an injunction to execution of judgements obtained by BOYKIN against the BRITT estate. The case - styled BRITT v. BOYKIN et al. - is posted at: http://files.usgwarchives.net/va/southampton/court/1821_001.txt [ATKINS, ATKINSON, BLUNT, BOUNS, BOUNDS, BOWDEN, BOWERS, BOYKIN, BRITT, CALVERT, CLEMENTS, COOK, DOWNING, EDWARDS, FORT, GALE, HOLLEMAN, MOODY, MOORE, NICHOLSON, POWELL, SEGAR, STEPHENSON, SUMMERELL, THOMAS, URQUHART] Contributed for use in USGenWeb Archives by: Matt Harris (zoobug64@aol.com) [brackets mine] file at: http://files.usgwarchives.net/va/southampton/court/1814_056.txt