Southampton County Virginia USGenWeb Archives Court.....Britt v. Boykin etc., 1821 ************************************************ 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 & Benjamin BRITT vs. Simon BOYKIN et al., Chancery Case 1823-001 Southampton Co., VA, Chancery Court Papers. [Image # refers to LVA Southampton Chancery Microfilm Reel 415] [image 0104] 1823-001 Southampton County Chancery Papers BRITT et al. VS. BOYKIN et al. 3/1823 [Document 1 - Bill] [images 0105 & 0106 - docketing] Britt &c. } vs. } Bill } Boykin &c. July 1816 Sworn to in court June 21st. 1820 comrs: to take depns. ___ March 18th. 1823 dissolved as to 2.[?] bonds Executed by John Britt &others to Simon Boykin mentioned the dep. of Edwards Butts filed in this Cause Which said bonds are to be Credited with three dollars pd. Jno. Britt as the same is accordingly dissolved as to the aforesaid bonds with damages & Costs According to Law [image 0107 - cropped in scan; same as 0108] [image 0108 - page 1 of bill] To the worshipful Court of Southampton County in Chancery sitting - Humbly complaining shew unto your worships your orator John Britt, and your orator Benjamin Britt, an infant under the age of twenty one years, by the said John Britt, his guardian & next friend, that at the last March term of the County Court of Southampton, a certain Simon Boykin, surviving obligee of himself and Solomon Holmes decd., obtained several Judgements against your orator John Britt, and a certain Willis Bowers, and a certain Joseph Britt, their appearance bail, each for the Sum of seven pounds, ten shillings, with interest thereon from the 12th. day of December 1808 untill payment & the Costs - that writs of fieri facias were issued upon each of John Britt, the said Judgements, against the goods & chattels of your orator ^ the said Willis Bowers, and the said Joseph Britt, their appearance bail - and your orator John Britt, with the said Willis Bowers, and a certain Robert Horn, his Securities, executed his forthcoming or delivery bonds, for the delivery of the property, seised by the Sheriff of the said County, by virtue of the said writs of Fieri facias, upon the day and place of sale - that the said forthcoming John Britt, bonds were forfeited by your orator ^ and notices have been given to him, the said Willis Bowers, and to the said Robert Horn, that motions would this day be made for award of Execution thereupon - your orator John Britt begs leave to state to your worships, that the bonds ŻŻ orspecialties, upon which the Said Judgements were founded, were executed by him and ŻŻŻŻŻ the said Willis Bowers, his Security, for the purchase of a tract or parcel of land, sold by the Said Simon Boykin, and a certain Solomon Holmes, as Commissioners acting under a decree of the County Court of Southampton, for the purpose of distribution among the children of Joseph Britt deceased, who died seised & possessed of the said land - that the said children , were ten in number - to wit - your orator John Britt - Harrison Britt - Joseph Britt, Solomon Britt, your orator Benjamin Britt, Milly Stephens, late Milly Britt, wife of John Stephens, Betsey Cook, late Betsey Britt, wife of John Cook, Nancy Riggan, late John Britt Nancy Britt, wife of William Riggan, Catherine Britt and Sally Britt - that your orator executed nine bonds, for the purchase of the Said land, with the Said Willis Bowers, ŻŻŻ his Security, each for the Sum of seven ["ten" struck] pounds, ten shillings, as aforesaid, the amount a ŻŻŻŻ of ^ distributable portion in the proceeds of the said sale - that your orator John Britt has fully paid off the bonds for the distributable proportions of the said Harrison Britt Solomon Britt, Milly Stephens, Nancy Riggan and Catherine Britt - that the aforesa[id; torn] bonds or specialties, upon which the Said Judgements were founded, are for the distribu[table; torn] [page break] [images 0109 & 0110] [page 2 of bill] proportions, in the proceeds of the Said sale, of the aforesaid Benjamin Britt, Betsey ŻŻŻŻŻŻ ŻŻŻ Cook - Joseph Britt - and Sally Britt - that the said Joseph Britt, hath departed this life, ŻŻ ŻŻŻŻŻŻŻ ŻŻŻŻŻŻŻŻŻ ŻŻŻŻŻŻŻŻŻŻŻ in the Said County, of full age, Intestate and without issue - and that no person, as your orator believes, has as yet obtained letters of administration upon his Estate - that the Equitable upon which Judgements have been obtained as aforesaid, ŻŻŻŻŻŻŻŻ title to the money due on the said bonds or specialties,^ is therefore vested in your orator ŻŻŻŻŻ ŻŻ ŻŻŻŻŻŻŻ Benjamin Britt - the said Betsey Cook - the said Sally Britt - and the specialties of the Said ŻŻŻŻŻŻŻŻŻŻŻŻŻ ŻŻŻŻŻŻŻŻŻ ŻŻŻŻŻŻŻŻŻ Joseph Britt deceased - although the legal right to recover the same abides in the Said ŻŻŻŻŻŻŻŻŻ ŻŻŻŻŻŻŻŻŻŻ Simon Boykin - that your orator, on the 20th. day of March 1816, paid to a certain Elizabeth Atkison, guardian of the said Sally Britt, then &still an infant under the age of twenty one years, the Sum of thirty seven Dollars, in full of the principle & interest, of the bond for the dis- stributable proportion of the said Sally - as will appear by the receipt of the said Elizabeth Atkison, guardian of the said Sally, marked A, hereto annexed, & to which your worships are referred as a part of this bill - which said receipt, your orator John Britt is advised, upon which a Judgement has been obtained as aforesaid - operates in Equity, as a discharge of the Said bond -^that your orator John Britt ŻŻŻŻŻŻŻ is guardian of the Said Benjamin Britt, a complainant in this cause, as will appear by an attested copy of his qualification as such, marked B, hereto annexed, & to which your worships are also referred as a part of this bill - and therefore, as the law never requires the performance of a vain thing, that your orator John Britt ŻŻŻŻŻŻŻŻ should not be required to pay the amount of the bond, ^(upon which a Judgement has also been obtained as aforesaid) for the distributable proportion of the said Benjamin, with one hand, to receive it back immediately with the other - John Britt, ŻŻŻŻŻŻ ŻŻŻŻŻŻŻŻ that your orator ^ at the request of the said Joseph Britt, purchased for the Said Joseph Britt, in his lifetime, from the store of John Urquhart Esq. in this County, goods to the amount thirteen Dollars &63 Cents, as per account, marked C, hereto annexed, & to which your wor- John Britt, ships are also referred as a part of this bill - which your orator ^ will be prepared to establish by testimony - and that your orator John Britt has furnished brandy [& cyder; faded] to the said John Cook, husband of the Said Betsey Cook, to the amount of Seven [Doll-; torn]ars, as per account, marked D, hereto annexed, and which your worships are [torn] appear as a part of this bill - which your orator John Britt, will also be prepared ['to establish' torn] by testimony - which said account against the Said Joseph Britt & the Said [page break] [page 3 of bill] John Cook, your orator John Britt is also advised, operate in Equity, as payment ŻŻŻŻŻŻŻŻ for so much, upon the bonds for their distributable proportions respectively, in the said bonds, proceeds of the Said sale - upon which ^ Judgements have also been obtained as. aforesaid Your orators are advised that they are entitled, each, ŻŻŻ to one equal ninth part, of the remainder of the distributale proportion, in the proceeds ŻŻŻŻ of the said sale, of the said Josep Britt decd., as heirs at law, of the said Joseph Britt decd., ŻŻŻŻŻŻŻ ŻŻŻŻŻŻŻŻŻŻ so that your orator John Britt is entitled, in Equity, to make the said two equal ninth parts, ŻŻŻŻŻŻŻŻ a further offset in this present case - But yet so it is, may it please your worships, allow that the Said Simon Boykin refuses to ['make' struck] ^ the said equitable offsets, or any of them - Which ŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻ is contrary to Equity & good Conscience, and tends to the manifest injury of your orator John Britt - To the End therefore that the Said Simon Boykin, the said Harrison Britt, the Said Solomon Britt, the Said John Stephens & Milly his wife, the Said John Cook and Betsey his wife, the Said William Riggan & Nancy his wife, the said Catherine Britt, and the Said Sally Britt, by her said guardian, together with the administrator of the Said Joseph Britt decd, when an administrator shall be appointed & qualified, may be made defendants to this bill, &be compelled, on their corporal oaths, to answer all &singular the allegations herein contained, and that as fully & perfectly? as if the same were herein again repeated, and they & each of them, were thereon to [be?; torn] particularly interrogate - that your worships will immediately upon the Said Simon Boykin, his attorneys &others, from further proceeding in the Said forfeited forth- coming or delivery bonds, untill the matters of this bill are fully heard & determined in Equity - to the end, that your orator John Britt may obtain credit for the entire distributive proportion of the said Sally, & for the amounts of his said ŻŻŻŻŻŻ claims upon the distributive proportions of the said Joseph, and Betsey - and may be permitted to retain the amount of the distributive proportions of your orator Benjamin, in the estates of Joseph Britt decd., his father, & Joseph Britt decd., his [son; faded] and that a proper adjustment may be made upon the subject of the Costs, ŻŻŻ which your orator John Britt has been unrighteously subjected by the Said Simon Boyki[n - ; torn] that the remainder of the distributive proportion of the Said Joseph Britt decd., [?be dis- ; torn] ŻŻŻ tributed between your orators, & his said brother &sisters before m[... ; torn] [page break] [image 0111] [page 4 of bill] [faded] in the proportions, required by law - that any other &general relief be granted [faded] premises, Consistent with Equity & good Conscience - may it please the Court to grant the Commonwealth's writ of Subpoena & Injunction, commanding &c., and as in duty bound, your orators will Ever pray &c. Sworn to in open court J.Rochelle cc. [docketing on bottom panel of this page (when unfolded)] [end of Document 1] [Document 2 - Answer] [images 0112 & 0113] [page 1 - docketing] [panel 1 of 6] Simon Boykin's &others Answer ~ [panel 2 of 6] Augt. 19th. 1817 answer filed [page end] [images 0114 & 0115] [page 2 of answer] To the worshipful Court of Southampton in Chancery sitting - The Answer of Simon Boykin to the bill of injunction exhibited ["against him" struck] in this Court by John Britt and Benjamin Britt an infant under the age of twenty one years by the said John Britt his guardian and next friend against himself and Harrison Britt, Solomon Britt, John Stephens and Milly his wife, John Cook and Betsy his wife, William Riggan and Nancy his wife, Catherine Britt and Sally Britt - This respondent now and at all times saving and reserving to himself every benefit of exception to the manifold errors imperfections uncertainties and mistatements in the complaintants said bill contained; for answer thereto or to so much thereof as he is advised is material, and necessary for him to make answer unto, answering saith which That the specialties upon ^ the judgements were rendered, were executed to himself and a certain Solomon Holmes now dead as stated by the complaintants That your respondent has no claim to either of the specialties mentioned by the complaintants except to two of them, to wit, the one taken for the benefit of Solomon Britt and the other forthe benefit of John Cook and his wife, but conceived it tobe his duty to enforce the collection of all of them which remained in his hands in as much as, otherwise the debts would in all probability have been an tort. That it will be seen by reference to ^ endorse =ment on one of the said notes that John Stephenson [image 0116] [page 3 of answer] the guardian of Solomon Britt transferred all his interest in the same to your respondent and the said John Cook hath parted with his interest in the to your respondent for a valuable consideration. This respondent answering himself tobe entitled to the effects of the said two specialties insists upon his right to the same ; and he further add that suits would not have been instituted upon any of the aforesaid specialties except the two which he claims as his, if there had been any persons to whom they could have been delivered prior to the institution of the suits ; for it will be seen that guardians were appointed after legal steps had been taken to enforce the payment of the money. Your respondent call upon the ['defen' struck] complaintants to support all their allegations - your respondent having answered pray, tobe hence dismissed with his Costs in this behalf most unjustly contained - And as in duty bound your respondent will ever pray -&c - S.Boykin ŻŻŻ ŻŻ [page end] [page 4 of answer] Southampton County to wit. This day Simon Boykin personally appeared before a Justice of the peace for the said County, and made oath to the truth of the foregoing answer so far as it depends upon his own Knowledge and so far as it depends upon the Knowledge of others he believes it tobe true - Given under my hand this 19th day of August 1817 - Wm.B.Goodwyn J:P: [page end] [Document 3 - Deposition] [image 0117 docketing] Boykin &c. } ??? } Comrs. to } take depositions Britt &c. July 17th. 1820 Edwd. Butts Deposition came to hand under seal J.Rochelle [image 0118 - writ] The Commonwealth of Virginia to John .C. Gray and Silas Summerell Gentlemen Justices of the peace for the county of Southampton, Greeting; Know ye, that we trusting to your fidelity and provident circumspection in diligently examining Edward Butts a witness on behalf or Injn. of Simon Boykin and others in a Suit in chancery ^ now depending and undetermined in the county court of Southampton between John Britt & others Complts and said Simon Boykin & others defendants - command you or any two or more of you that on such certain days at at such places as you shall appoint, you assemble yourselves, and the witness aforesaid before you, you call and came to come, and diligently examine on the holy evangelist of almighty god, and this examination unto our said court distinctly and plainly without delay you send, and certify enclosed returning also to us this writ - Witness James Rochelle clerk of our said county court of Southampton at his office the 21st. day of June 1820 and 44th. Year of the Commth. James Rochelle Cl: [image 0119] [address on reverse of deposition] The Clerk of the County Court Southampton [image 0120] [deposition] In obedience to the annexed Commission we John C. Gray & Silas Summerell have this 8th. day of July 1820 between the hours of 10 oClock in the morning and 4 oClock in the evening at Urquharts Store examined Edward Butts, a witness on behalf of Simon Boykin & others in a Suit in chancery now depending and undetermined in the County Court of Southampton, between John Britt & others Complaintants, & said Simon Boykin & others defendants who, being first sworn, deposeth & saith, that he was at Simon Boykins house on the 11th: day of May in the Year 1819; that Simon Boykin asked John Britt what offsets he had against the forthcoming bonds which he had enjoined in the County Court of Southampton, to wit one bond executed to Simon Boykin surviving obligee of himself & Solomon Holmes, by John Britt Robert Horn and Willis Bowers, in the penalty of Twenty three Pounds eighteen shillings & 10d. bearing date .18th. april 1816, and one other bond executed as aforesaid, in the penalty of Twenty seven pounds eleven shillings & 4d. & dated as aforesaid, that Britt stated, he had an offset of Three dollars only which .Simon Boykin agreed to allow with interest from the 15th. Feby. 1808 - .and further this deponent saith not - Edwd. Butts Subscribed & sworn before us J.C Gray Silas Summerell [page end] [Document 4 - receipt from guardian of Sally Britt] [image 0121] [exhibit A reverse] (A) [image 0122] [exhibit A obverse] Received of John Britt the sum of Thirty seven dollars in full of the principal & Interest, due on a bond given by the said John Britt, to the Commissioners, appointed by the County Court of Southampton to sell the land whereof Joseph Britt Senr. died seized &possessed .__. Witness my hand this 20th. March 1816 . .___ her .Elizabeth + Atkison mark John Bowers, as guardian for Salley Britt her Elabeth + Cook mark [page end] [Document 5 - account of Joseph Britt Jr.] [image 0123] [exhibit C reverse] (C) [image 0124] [exhibit C obverse] 1810. John Britt bought of Mr. John Urquhart for __ Joseph Britt his brother ___ May 23rd. } 2 Ps. Nankeen _____ $ 2.00 1811 Feby. 11th.} 5 Yds. Thickset ___ 4.79 __ Apl. 1st. } 1 Pr. Stockings _____ 1.39 } 1 Hat _______________ 4.00 } 3½ Yds. Cotton Skirting _ 1.45 ŻŻŻŻŻŻŻŻ $ 13.63 Amt. [page end] [Document 5 - account of John Cook] [image 0125] [exhibit D reverse] (D) [image 0126] [exhibit D obverse] John Cook to John Britt Dr. 1809 . For 4 Glls. Brandy $ 4.00 1 Barrl. Cyder __ 3.00 ŻŻŻŻŻŻ $ 7.00 ŻŻŻŻŻŻ [case end] ************************************** Southampton Co. Court Order Book 1814-1816 [p.] 217 At a Court of quarter Session held for the County of Southampton the Twentieth day of November Eighteen hundred and fifteen Jeremiah Cobb, Rice B. Pierce } Present } Gent. Justices - Benjamin Griffin & Benjamin Devaney } [...] [p.] 222 ___ Present Benjamin W. Johnson Gent. Justice ___ Caty Britt late of the County of Southampton and Parish of Nottoway) Spinster who Stands charged with Larceny, this day appeared in Court according to the Condition of her Recognizance, entered into (The Court Summoned for her examination failing to meet) And thereupon divers witnesses appeared and were Sworn on behalf of the Commonwealth touching the premises (to wit) Anna Britt and Sally Portis and the Prisoner being heard by Counsel, The Court on Consideration of the Evidence aforesaid and all the Circumstances of the Case Are of the opinion that the prisoner is guilty of Petit Larceny) And that She ought to be tried for the said offence, on the third Monday in March next, ___ Polly Riggin late of this County and Parish of Nottoway, Spinster, who Stands charged with Larceny appeared in Court according to the Condition of her recognizance and thereupon her securities from their recognizance and undertaking are discharged and the Prisoner was Committed to the Custody of the Sheriff of this County and Set to the bar Charged with the crime aforesaid. The Court Summoned for her examination failing to meet) Whereupon divers witnesses appearing on behalf of the Commonwealth and being Sworn and examined touching the premises (to wit Anna Britt and Sally Portis, and the Prisoner being fully heard by Counsel, The Court on Consideration of the evidence aforesaid and all the Circumstances of the case are of opinion that the Prisoner is guilty of Petit Larceny, And that She ought to be tried for the said offence at the next County Court to be holden for this County on the third Monday in March next. ___ Absent Rice B. Pierce and Jeremiah Cobb Present Simon G. Boykin Gent. Justice ___ Be it remembered that Anna Britt and Sally Portis personally appeared in Court and acknowledged themselves and each of them to be indebted to his Excellency Wilson Cary Nicholas Esqr. Governor of chief magistrate of the Commonwealth and his Successors in office In the Sum of Three hundred & Thirty three dollars and Thirty four Cents each, of their respective goods and Chattels Lands and Tenements to be levied to the use of the Commonwealth reserved yet upon this Condition, That is to say that if the said Anna Britt and Sally Portis Shall personally appear before the Justices of this County Court of Southampton at the Court House on the Third Monday in March next, Then and there to give Such evidence as they and each of them know on behalf of the Commonwealth against Polly Riggin and Caty Britt [page break] [p.] 223 and Shall not depart hence without leave of the Court then this recognizance to be Void else to remain in full force and Virtue - ___ [...] [p.] 224 [...] ___ Elizabeth Atkinson is by the Court appointed Guardian to Sally Britt orphan of Joseph Britt deceased, and together with Willis Bowers and James Britt her Securities entered into and acknowledged a bond in the penalty of one hundred and fifty dollars with Condition according to Law - ___ [...] [p.] 225 [...] ___ John Britt is by the Court appointed Guardian to Benjamin Britt orphan of Joseph Britt dec'd, who together with Willis Bowers and James Britt his Securities entered into and acknowledged a bond in the penalty of one hundred and fifty dollars with Condition according to Law ___ [...] ___ Be it remembered that Caty Britt and Polly Riggin, with James Britt and John Britt here in Court, Acknowledged themselves to be indebted to his excellency Wilson Cary Nicholas Esquire Governor of chief magistrate of this Commonwealth and his Successors in office The said Caty Britt and Polly Riggin in the Sum of one hundred dollars and the said James Britt and John Britt in the Sum of fifty dollars each to be levied of their respective lands and Tenements, goods and Chattels to the said Governor and his Successors, for the use of the commonwealth reserved Yet upon this Condition that if the said Caty Britt and Polly Riggin Shall personally appear before the Justices of our County Court at the Court house on the Third Monday in March Next then and there to abide and perform the Judgement of the Court - and Shall not depart hence without leave of the Court then this recognizance to be Void Else to remain in full force and Virtue ~ ___ [page end] [p.] 282 At a Court of quarter Session held for the County of Southampton the 18th. day of March One Thousand Eight hundred and Sixteen [...] [p.] 290 [...] ___ Caty Britt and Polly Riggin appeared in Court according to the Condition of their Recognizance to appear here this day to answer the Complaint of the Commonwealth whereupon their Securities are discharged from their undertaking ~ ___ [...] [p.] 293 [...] ___ Caty Britt who Stands Indicted for Petit Larceny was this day set to the bar in Custody of the Sheriff of this County into whose Custody She was heretofore Committed (Absent James Clayton Present Samuel G. Boykin) And thereupon arraigned and upon her arraignment She hath pleaded not Guilty to the indictment And for for her trial hath put her self upon God and the Country Whereupon Came a Jury to wit, Edwin Turner, Nathaniel Foster, John Williamson, Thomas Holloman, Richard Pond, James West, William Kitchen, Nathaniel Pierce, Arthur A. Carr, Jordan Edwards, Henry Applewhite and John Barnes, who being elected tried and Sworn the truth to Speak of and upon the premises and having heard the evidence upon their oathes do Say that the prisoner is guilty of the hog Stealing whereof She Stands Indicted and ascertain the number of Lashes which She Shall receive to be Twelve on her bare back. and It is ordered that the Sheriff Sees execution done, and the Same having been done and performed and proclamation being made as the manner is, and nothing further appearing or being alleged against her It is ordered that She be forthwith discharged ~ ~ ___ Polly Riggin who Stands indicted for hog Stealing was this day set to the bar in Custody of the Sheriff of this County into whose Custody She was heretofore Committed and thereof arraigned and upon her arraignment She pleaded not Guilty to the indictment And for her trial hath put her self upon God and the Country Whereupon Came a Jury to wit, Miles Scarborough Thomas Simmons, Samuel Pond, Peter Boothe, James Little, Austin Branch, Thomas Pretlow, Lewis Branch, Keton Pope, Benjamin Jones, William Bell and Edward Reese who being elected Tried and Sworn the truth to of and upon the premises to Speak and having heard the evidence upon their oathes do Say that the prisoner is guilty of the hog Stealing whereof She Stands indicted And that She be Sentenced to undergo a Confinement in the public Joal or penitentiary House of the Commonwealth for Eighteen Months And Thereupon the Prisoner is remanded to Joal ~ ___ [...] [p.] 413 At a Court held for the County of Southampton on the fifteenth day of July One Thousand Eight hundred and Sixteen ~ Jacob Darden, James Jones, } Present } Gent. Justices Benjamin Griffin & Samuel G. Boykin } [...] [p.] 416 [...] ___ On the motion of John Britt by his attorney for an injunction to Stay all further proceedings upon five Judgments obtained against him at Common Law by Simon Boykin Surviving obligee &c. The Same is granted the said John Britt upon his giving bond and Security according to Law ~ ___ [...] [p.] 423 [...] Absent John C. Gray, William B. Goodwyn, Jacob Darden, Thomas Ridley, Carr Bowers, Benjamin W. Johnston, Clements Rochelle, George Gurly, Gent. Justices Present James Jones Gent. Justice ~ ___ Collin Kitchen Surviving partner of Collin Kitchen and Co. who was assignee of Griffin Stith .................................Plt.} against } upon a bond Joseph Britt and John Britt ..................................Deft.} for the forth =Coming of property Taken under the Service of a writ of fieri facias which Sued? out of this Court by the Plaintiff against the defendant Joseph Britt and John Britt Security for his appearance This day Came the parties by their attornies and It appearing to the Satisfaction of the Court by the affidavit of Edwards Butts deputy of Henry Briggs Sheriff Taken in open Court That the defendants have had legal notice of this motion they were Solemnly Called but Came not Therefore It is Considered by the Court that the Plaintiff may have execution against the said Defendants for forty two Dollars and Eight Cents the penalty of the said bond and his Costs by about his Suit in this behalf Expended And the said Defendants in Mercy &c. But This Judgement is to be discharged by the payment of Twenty one Dollars and four Cents with Interest thereon to be Computed after the rate of Six per Centum per annum from the Seventeenth day of June 1816 untill the time of payment and the Costs [margin notes] Costs _ _ _ _ $5.54 fifa Issued ~ ___ [...] ************************************** Southampton Co. Court Order Book 1809-1813 [p.] 52 [...] At a court held for Southampton County On Monday the 16th. day of October 1809. [...] [p.] 53 [...] ___ ŻŻŻ Martin Stephenson this day appeared in discharge of his recogni zance entered into for begetting a bastard child on the body of Catherine Britt and the witness being calld and not appg it is Ordered that the recognizant be dismd. ___ ŻŻŻ [...] ************************************** Southampton Co. Court Order Book 1816-1819 [p. 1] At a Court of held for Southampton County the 21st. day of October One Thousand Eight hundred and Sixteen [...] [p. 13] [...] On the motion of Spencer Jinkins who made oath and together with Lewis N. Branch and Samuel G. Boykin his Securities entered into and acknowledged a bond in the Penalty of Two hundred dollars. Conditioned as the law directs Certificate is granted the said Spencer Jenkins for obtaining letters of administration on the Estate of Ann Jenkins in due Form _ / Ordered that Willis Bowers, John Butts, Simon Boykin and Peter Pursell or any three of them being First sworn before a Justice of the Peace of this County do well and truly appraise in Current money all the personal Estate of Ann Jinkins decd. and return the appraisement Under their hands to the Court - [...] [p.] 23) [...] At a Court of quarter Session held for the County of Southampton the 18th. day of of November One Thousand Eight hundred and Sixteen [...] [p.] (28) [...] Isaac Taylor, a free man of Colour, was this day Set to the bar in Cus[tody] of the Jaylor of this County, into whose Custody he was heretofore Commit[ted,] Charged with feloniously breaking the Still house of John Britt of th[is] County and thereout Stealing, taking and carrying away a quantity of [liquor?] on the Sixteenth day of October last past the property of the said Britt, a[nd] The Court Summoned for his examination Failing to attend, now at th[is] day divers witness appeared and were Sworn and examined on behalf [of] the Commonwealth to wit, The Court after hearing the Testimony and all the Circumstances of the Case, are of op[inion] that the Prisoner is not guilty of the Charges whereof he Stands Charg[ed] Therefore It is ordered that he be forthwith discharged from his imprisonment ~ [...] [p. 2]9) [...] Samuel Jones Executor of Joseph Denson deceased _ _ _ Plt. } against } William Worrell _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Deft. } - } Rea and Blackwell _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Plt. } agt. } Elizabeth Vick _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Deft. } - } Joseph Hill. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Plt. } agt. } James Griffin _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Deft. } - } James Trezvant _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Plt. } agt. } Joseph Britt and Thomas E. Brock _ _ _ _ _ _ _ _ _ _ _ Deft. } In debt - } Samuel Jones Executor of Joseph Denson deceased _ _ _ Plt. } against } Josiah Murdaugh _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Deft. } - } Matthew Gardner Executor of Jacob Bradshaw deceased Plt. } against } Josiah Murdaugh, Henry Gurley and Calthorpe Pond Deft. } - } Nancy Sebrell _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Plt. } agt. } John Crichlow _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Deft. } - } Nancy Sebrell _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Plt. } agt. } John Crichlow who was bound with a Certain Henry Briggs Deft. } On the motion of the Several defendants by their attornies who Severally by pleaded payment ^ Security to which the Several Plaintiffs by their Attorney replyed [in modern pen; p.] 29 [page break] [p.] (30) generally, It is ordered that the Several Judgments obtained in the office ag[ainst] the said defendants be Set aside ~ [...] [p. 266] At a Court held for the County of Southampton on the 19th. day of January 1818 ~ Present James Harris, Carr Bowers } Gent. Justices George Gurley and Benjamin Griffin } [...] [p.] 290 [...] ___ ŻŻŻ Commonwealth in behalf of Caty Britt, _ Complainant, against } Upon a recognizance Horn _ _ _ _ _ _ _ _ _ _ _ _ _ _ Defendant } for a breach of trust[?] The prosecutrix Britt being solemnly Called , but Came ['not' omitted] It is th[-erefore] ordered that this prosecution be dismissed ~ ___ ŻŻŻ [...] ************************************** Southampton Co. Court Order Book 1822-1824 [p.] 222 At a Court of Quarter Sessions continued and held for the County of Southamp- ton on the 18th. day of March in the year one thousand eight hundred and twenty three. Present Benjamin Cobb, Silas Summerell, Benjamin Griffin and James D. Massenburg _ Gent: ____________ ŻŻŻŻŻŻŻŻŻŻŻ [...] [p.] 226 [...] ___________ ŻŻŻŻŻŻŻŻŻŻŻ John Britt and Benjamin Britt an infant under the age of twenty one years by John Britt his Guardian and next friend. Pltffs} against } In Chancery Simon Boykin, Harrison Britt, Solomon Britt, Esther }} Stephens &wife, John Cook and wife, William Riggan & } Wife and Catherine & Sally Britt by her guardian. Defts} This cause came on this day to be heard on the bill, answer of the defend- ant Simon Boykin, exhibits and examination of witness, and was argued [page break] [p.] 227 by Counsel. On Consideration whereof the Court doth adjudge, order and decree that the injunction awarded the plaintiffs on the day of July 1816 to injoin the defendant Simon Boykin from further proceedings on the forthcoming bonds in the bill mentioned, be dissolved as to the two bonds mentioned in the deposition of Edwards Butts taken and filed in this cause, executed by John Butts [sic; Britt] and others to the defendant Simon Boykin as Surviving obligee of himself and Solomon Holmes decd. which bonds are to be credited for the sum of three dollars paid by the said John Butts, that the plaintiffs' bill be dismissed and that they pay to the defendants their costs by them about their defence in this be- half expended. __________ ŻŻŻŻŻŻŻŻŻŻŻ [...] ****************************************************************************** Additional information: 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 allotment of Betsy's dower and the sale and division of Joseph's 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 heirs of Joseph BRITT Sr. - the {surviving} plaintiffs & defendant in this case - were sued by Francis CLEMENTS, executor of John CLEMENTS; the suit was revived after Francis' death by John URQUHART. The case - styled CLEMENTS' executor v. ATKINS et ux. et al. - is posted at: http://files.usgwarchives.net/va/southampton/court/1814_056.txt John Stephenson & Milly Brite (Britte) m.bond 16 Jul 1804 sec/wit: Willis Stephenson; B. Cobb, Saml. Kello, Southampton Co., VA, M.Reg. 1750 - 1853, p. 161 William Riggin (Riggan) & Nancy Britt m.bond 11 Jan 1812 (consent of) Nancy Britt sec/wit: John Cook; Jas. Rochelle, John Cook, Southampton Co., VA, M.Reg. 1750 - 1853, p. 213 Joseph M. Summerell & Salley Britt m.bond 6 Jun 1820 consent of Elizabeth Atkinson, mother of Salley Britt sec/wit: John Britt; A. Middleton, Spencer R. Jenkins, Joseph M. Summerell & Salley Brett (Sally) m. 8 Jun 1820 by Burwell Barrett Southampton Co., VA, M.Reg. 1750 - 1853, pp. 294, 689 Some extraneous data from the Order Books have been included. Contributed for use in USGenWeb Archives by: Matt Harris, Zoobug64@aol.com [brackets mine] file at: http://files.usgwarchives.net/va/southampton/court/1823_001.txt