SOUTHAMPTON COUNTY, VA - COURT - Chancery Case: MUNFORD et al. v. BATIN et al., 1850 ----¤¤¤---- Southampton Co., VA, Chancery Court Papers, 1850-009 Thomas MUNFORD [MUMFORD, MOUNTFORD] et al. [inc. BEALE, BRADSHAW] vs. Edward BATIN [BEATON] et al. abstracted by Matt HARRIS [brackets, line breaks & surname capitalization mine] Library of Virginia Archives Research Room [brief #1, folded down its length into quarters, consisting of the bill (3p) with docket notes and the injunction on the back of the third page] [notes on back] MUNFORD } vs } Bill RAIFORD &c} 1844 Decr. 4.th Bill & Injon - filed, bond & Secy given. & process issused - [1st page of 3] To the Judge of the Circuit Superior Court of law and chancery for the Counties of Isle of Wight, Southampton &c. sitting in chancery, humbly complaining - show to the Court your complainant Thomas MUNFORD and his wife Mary late Mary BEALE, Joseph BRADSHAW and his wife Anna, late BEALE, W.m BEALE, & Margaret BEALE ["and Elizabeth BEALE an infant" struck out] ["children of Jacob BEALE" inserted between lines] who reside in the Counties of Isle of Wight & Southampton [illegible; ink smear] Jacob BEALE late of the County of Isle of Wight, departed this life on or about the month of Janery 1826, having made his last will & testament which has been admitted to record in the County Court of Isle of Wight, a copy of which is hereto annexed marked A, and is prayed to be taken as part of this Bill - that by the said will, the estate lent to his wife Louisa BEALE one third part of his estate, real and personal during her life - and directed the balance his estate except his land, to be equally divided among ["them"] his children - He appointed executors, one of whom qualified to the said will, to wit, Solomon DAUGHTREY in the County Court of Isle of Wight - your complainants represent, that one third of the slaves, to wit, Mingo and Pat were set apart and allotted to the said widow of Jacob BEALE, to wit, Louisa BEALE now Louisa BATIN, that the said Louisa afterwards, and while possessed of the said slaves, intermarried with one W.m T. BATIN of the County of Isle of Wight, and state of Virginia, and is still his wife, and soon after the marriage the said W.m T BATIN sold the said slaves to one Edward BATIN ["of Southampton County" inserted between lines] a brother of said W.m T BATIN [page break] [2nd page of 3] who, as your orators [illegible] gave $400 to W.m T. BATIN to his right in said slaves - that the said Pat had grown up, and soon after she was sold to Edw.d BATIN, she was delivered of a child, and the said Edward BATIN about a year ago, sold the said woman Pat and her child to some person unknown to your complainants, and the said slaves have been sent out of the state of Virginia - they charge that the said Edward BATIN carried the said Pat and her child away in the night time, and she has not been seen in Virginia, as they think since that time - the man Mingo is yet in the possession of the said Edw.d BATIN who is reputed to be insolvent, and 'tho he has property in possession, it is supposed that he is much involved in debt and his pecuniary responsibilty of no value - They are of opinion that unless the Court shall interpass its authority, the said Edw.d BATIN ["who is a resident of Southampton County" inserted between lines] will also sell away said man Mingo to the injury of your complainants, and the other person entitled, to wit, one Elizabeth BEALE who is another child of said Jacob BEALE, and she is an infant - The said complainants pray your honor to interpose[?] in their behalf and injoin the said Edw.d BATIN ["of Southampton County" inserted between lines] from selling the said slave Mingo, so as to prejudice the rights of those Entitled in [page break] [3rd page of 3] 3/ = remainder, and that the said Edw.d BATIN, W.m T. BATIN and his wife Louisa, and the said Elizabeth BEALE who is an infant, may be made defendants to this Bill, & be compelled full and true answers to make to the allegations afs aid ['aforesaid'] They lastly pray your honor to make an order compelling the said BATIN and all others having the said slaves, to give Security for their forthcoming on the death of the said Louisa, or to surrender them - that the said Edw.d BATIN and W.m T. BATIN and all others in [illegible] to in the possession of said slave, be held responsible to your complaintants, and that you will make an order in the premises which may to you seem just and proper, and that you will grant the Comth.'s writ of spa. [subpoena] [illegible] &c. - A. ATKINS P.s[?] Isle of Wight County &c. This day came before the undersigned, a justice of the Peace to said County Thomas MUNFORD who made oath that the allegations in the afs aid Bill are true so far as he knows and believes - Given under my hand and Seal this 14.th of Nov.r 1844 - M. WOMBLE, JP /D[circled] [page end] [on back (perpendicular to docket notes {above}; inverted to text of bill {above}) in different pen & hand] An injon. is awarded to injoin the def.ts, their agents, attorneys and all others concerned from removing, or causing or permitting to be removed or sent out of the limits of the Com'th, the slave Mingo, in the bill mentioned, until the further order of the court: and unless the said def.ts or some one or more of them, shall enter into bond, with sufficient Security, in the clerks office and before the clerk of the circuit sup.r court &.c of ["Isle of Wight" struck out] S.o ampton County payable to the Pltfs' in the penalty of eight hundred dollars conditioned to have the said slave forthcoming to abide any further order or decree of the court in relation thereto, then the sheriff of the said county of ["Isle of Wight" struck out] Southampton, is directed to take possession of the said slave named Mingo and hire him out until the next circuit sup.r court &.c of the said County taking bond and security for the said hire payable to the said sheriff, and return and file the same in this cause: But the effect of this injon' is to be suspended, until the pltfs' or some one or more of them or some person in their behalf, shall enter into bond with sufficient security, in the said clerks office in the penalty of $100 conditioned to pay all such cost["s"; torn at edge at fold] and damages as may accrue to or against the defendants in consequence of this injunction Rich. H. BAKER 26.th Nov. '44. ~ To the said Clerk } of S.o ampton County &c. [page end] [brief #2- one sheet, with will on front and proof &c. and docket notes on reverse] [notes on back, perpendicular to text of proof, &c.] MUNFORD &c vs: } Ex.s ['Exhibits'] with Bill. BEATON &.c A In the name of God Amen, I Jacob BEAL of Isle of Wight County and State of Virginia, being weak in body but of sound and perfect mind and memory for which I thank God, And Calling to mind the uncertainty of human life, do hereby make my last Will and testament in manner and form following that is to say: First, I desire that all my just debts and funeral expenses be paid and discharged at the discretion of my executor ~ Item, I lend to my loving wife Louisa BEAL one third part of my estate both real and personal during her life ~ I give and bequeath unto my loving Son William BEAL all the lands I now am possessed with by paying the rest of my Children one hundred and fifty dollars to be equally divided among them when he arrives to the age of twenty one to him and his heirs forever _ I desire that all the balance of my estate at my death to be equally divided among all my Children that are living, Lastly I do hereby Appoint Solomon DAUGHTREY & jacob H. DUCK my executors in case of ones death the other to serve, and further I do Appoint Henry DAUGHTREY and Lemuel VAUGHAN to settle my estate and divide my negroes Among my Children and in case if they cannot make an equal division, in the slaves, to sell one to make a division, And now in case if Henry DAUGHTREY and Lemuel VAUGHAN Should die or either of them for the executor to Appoint who he thinks proper to settle and divide in their room, this my last Will and testament hereby revoking all other former Wills or testaments by me heretofore made ~ In Witness whereof I have hereunto set my hand and affix my seal this 2.nd day of January 1824 ~ Jacob BEAL *Seal* + his mark Signed, sealed & published & declared as and} for the last will and testament of the } above named Jacob BEAL in presence of us } Benjamin COUNCILL + his mark Jordan BEAL + his mark James TALLOUGH [page break] [reverse, perpendicular to docket notes] At a Court held for Isle of Wight County the 6.th day of Feby 1826 the foregoing will was proved by the Oaths of Benj.a COUNCILL And James W TALLOUGH two of the witnesses thereto and ordered to be recorded ~ Solomon DAUGHTREY the executor therein named who made oath thereto according to law, And together with Henry DAUGHTREY and William WEBB his Securities gave bond in the penalty of one thousand dollars Conditioned as the law directs Certificate was granted him for obtaining probat thereof in due form of law ~ Teste Nath.l YOUNG Clk A, Copy Teste J.P. WILLS D.C. [brief #3- Plaintiffs' bond] Know all men by these Presents that we Thomas MUMFORD and Elisha GAY are held and firmly bound unto Edw.d BEATON William J BEATON & wife Louisa & Elizabeth BEALE, ~ in the just and full sum of one hundred dollars to be paid to the said Edw.d BEATON William J BEATON & wife Louisa & Elizabeth BEALE, ~ their certain attorney their heirs Executors administrators or assigns for the payment whereof well and truly be Made we bind ourselves our heirs Executors and administrators Jointly and Severally firmly by these presents Sealed with our Seals and dated this ["4" written over "3.d"] day of December 1844 The Condition of the above obligation is such that whereas the above bound Thomas MOUNTFORD & his wife Mary late BEALE Joseph BRADSHAW & his wife Anna late BEALE W.m BEALE & Margaret BEALE, children of Jacob BEALE have obtained from the Judge of the Circuit Superior Court of law and Chancery for the County of Southampton ["an injunction" inserted between lines] to enjoin Edw.d BEATON W.m J. BEATON & wife Louisa & Elizabeth BEALE from removing or causing or permitting to be removed or sent out of the ["Court" struck out; "limits"inserted] of this Commonwealth a Slave Named Mingo until further order of the Court, Now if the said Thomas MUMFORD Shall pay to the said Edw.d BEATON William J BEATON & wife Louisa & Elizabeth BEALE all such costs & damages as May accrue to or against them in consequence of the said injunction, then the above obligation to be void or else to remain in full force Thomas MUMFORD *seal* + his Mark Elisha GAY *seal* Clerks office Circuit Superior Court of law & Chancery for Southampton County This day Elisha GAY Made ["oath" struck out; Quaker "affirmation" inserted] before Me Clerk of the Court aforesaid that his Estate after the payments of his Just debts is worth the sum of one hundred dollars the penalty of the within bond. Given under My hand this ["4.th" written over "3.d"] day of December 1844 [not signed by clerk] [page end] [brief #4- Defendants' bond] Know all men by these Presents that we Edward BEATON & Nathaniel T. WILLIAMS ~ are held and firmly bound unto Thomas MUNFORD and his wife Mary late BEALE, Joseph BRADSHAW and his wife Anna late BEALE, William BEALE & Margaret BEALE in the just and full sum of Eight hundred dollars: to be paid unto the said Thomas MUNFORD & wife Joseph BRADSHAW & wife, William BEALE and Margaret BEALE, their certain attorney their Executors, administrators or assigns, and to the payment whereof well and truly to be made we bind ourselves our heirs Executors and administrators Jointly and Severally firmly by these Presents. Sealed with our Seals and dated this 16.th day of December 1844 ~ The Condition of the above obligation is such that whereas the above named Thomas MUNFORD and his wife Mary late BEALE, Joseph BRADSHAW and his wife Anna late BEALE, William BEALE & Margaret BEALE have obtained an injunction from the Judge of the Circuit Superior Court of Law & Chancery for the County of Southampton To injoin Edward BEATON W.m T. BEATON and his wife Louisa and Elizabeth BEALE, their agents, attorneys and all others Concerned from removing or Causing or Permitting to be removed or Sent out of the limits of this Commonwealth a Slave named Mingo until the further order of the said Circuit Superior Court of Law & Chancery. Now if the said Edward BEATON, W.m T. BEATON & his wife Louisa & Elizabeth BEALE or either of them Shall have the aforesaid Slave Mingo forthcoming to abide any future order or decree of the Court aforesaid in relation thereto then the above obligation to be void or else to remain in full force _ Edward BEATON *Seal* N.T. WILLIAMS *Seal* *Seal* Signed, Sealed & acknowledged before me. L R EDWARDS Clk &.c [page end] [brief #5, subpoena- printed form, filled by hand, and injunction & docket notes on reverse] [notes on back, perpendicular to text of proof, &c.] MOUNTFORD &al} vs. } Sp.a N.S. BEATON &.c} [printed subpoena] The Commonwealth of Virginia, To the Sheriff of ["Southampton" struck out] County, Greeting: We command you that you summon to appear at the Clerk's Office of our Circuit Superior Court of Law and Chancery for the County of Southampton, at the Rules to be holden for the said Court on the first Monday in next, to answer a Bill in Chancery exhibited against in the said Court by And unless shall answer the said Bill within ["four" struck out; "two" inserted] months thereafter, the Court will take the same for confessed, and decree accordingly. And this shall in no wise omit, under the penalty of £100. And have then there this writ. Winess, Littleton R. EDWARDS, Clerk of our said Court, at the Court-house, the <4.th> day of A.D. 183 ["3" overwritten] <44>, in the <69.th> year of the Commonwealth. L.R. EDWARDS cc [One Copy to be delivered each Defendant.] [brackets given in original] [page end] [injunction, on reverse] To injoin the defendants their agents, attornies and all others Concerned from removing, or causing or permitting to be removed, or Sent out of the limits of this Commonwealth the Slave Mingo in the bill mentioned until the further order of the Court: and unless the said defendants or some one or more of them shall enter into bond with Sufficient Security in the Clerks Office and before the Clerk of the Circuit Superior Court of Law and Chancery, of Southampton County payable to the plaintiffs in the Penalty of Eight hundred dollars Conditioned to have the Said Slave forthcoming to abide any future order or decree of the Court in relation thereto, then the Sheriff of the Said County of Southampton is directed to take possession of the said Slave named Mingo and hire him out until the next Circuit Sup.r Court of Law & Chancery of said County, taking bond & Security for the said hire payable to the said Sheriff and return and file the Same in this Cause - Thomas MOUNTFORD one of the plaintiffs having entered into bond with Sufficient Security in the Clerks Office in the Penalty of One hundred ["dollars" inserted between lines] conditioned to pay all such costs and damages as may accrue to or against the defendants in consequence of this injunction _ Teste. L.R. EDWARDS CC [brief #6, subpoena- printed form, filled by hand, and injunction, execution & docket notes on reverse] [notes on back, perpendicular to text of proof, &c.] MOUNTFORD &al} vs. } Sp.a & Inj'on BEATON &al} 1845 January Rules Executed - W.B. JARRAD, Dpty of S.B. HINES,, Shff [printed subpoena] The Commonwealth of Virginia, To the Sheriff of Southampton County, Greeting: We command you that you summon to appear at the Clerk's Office of our Circuit Superior Court of Law and Chancery for the County of Southampton, at the Rules to be holden for the said Court on the first Monday in next, to answer a Bill in Chancery exhibited against in the said Court by <-> And unless shall answer the said Bill within ["four" struck out; "two" inserted] months thereafter, the Court will take the same for confessed, and decree accordingly. And this shall in no wise omit, under the penalty of £100. And have then there this writ. Winess, Littleton R. EDWARDS, Clerk of our said Court, at the Court-house, the <4.th> day of A.D. 183 ["3" overwritten] <44>, in the <69.th> year of the Commonwealth. L.R. EDWARDS cc [One Copy to be delivered each Defendant.] [brackets given in original] [page end] [injunction, on reverse] To injoin the defendants their agents, attornies and all others Concerned from removing, or causing or permitting to be removed or Sent out of the limits of this Commonwealth the Slave Mingo in the bill mentioned until the further order of the Court: and unless the said defendants or some one or more of them shall enter into bond, with Sufficient Security in the Clerks Office and before the Clerk of the Circuit Superior Court of Law and Chancery of Southampton County payable to the plaintiffs in the Penalty of Eight hundred dollars conditioned to have the Said Slave forthcoming to abide any future order or decree of the Court in relation thereto, then the Sheriff of the said County of Southampton is directed to take Possession of the said Slave named Mingo and hire him out until the next Circuit Superior Court of Law & Chancery of the said County, taking bond & Security for the said hire payable to the said Sheriff and return and file the Same in this Cause - The Plaintiff Thomas MOUNTFORD having entered into bond with Sufficient Security in the said Clerks Office in the penalty of One hundred dollars Conditioned to pay all Such Costs and damages as may accrue to or against the defendants in Consequence of this injunction Teste. L.R. EDWARDS CC [brief #7, subpoena- printed form, filled by hand, and injunction, execution & docket notes on reverse] [notes on back, perpendicular to text of proof, &c.] CSC MOUNTFORD vs. } Sp.a & Inj'on BEATON &c to be Served on W.T. BEATON & wife only - [printed subpoena] The Commonwealth of Virginia, To the Sheriff of ["Southampton" struck out; "Isle of Wight" inserted] County, Greeting: We command you that you summon to appear at the Clerk's Office of our Circuit Superior Court of Law and Chancery for the County of Southampton, at the Rules to be holden for the said Court on the first Monday in next, to answer a Bill in Chancery exhibited against in the said Court by And unless shall answer the said Bill within ["four" struck out; "two" inserted] months thereafter, the Court will take the same for confessed, and decree accordingly. And this shall in no wise omit, under the penalty of £100. And have then there this writ. Winess, Littleton R. EDWARDS, Clerk of our said Court, at the Court-house, the <3r.d> day of A.D. 184 <5>, in the <69.th> year of the Commonwealth. L.R. EDWARDS CC [One Copy to be delivered each Defendant.] [brackets given in original] [page end] [injunction, on reverse] To injoin the defendants their agents attornies and all others concerned from removing, or causing or permitting to be removed or Sent out of the limits of this Commonwealth the slave Mingo in the bill mentioned until the further order of the Court: And unless the said defendants or Some one or more of them shall enter into bond with Sufficient Security, in the Clerks Office and before the Clerk of the Circuit Superior Court of Law and Chancery of Southampton County payable to the pltfs. in the penalty of Eight hundred dollars [redundant "payable to the plaintiff" struck out] Conditioned to have the Said Slave forthcoming to abide any future order or decree of the Court in relation thereto, then the Sheriff of the Said County of Southampton is directed to take possession of the said Slave Mingo and hire him out until the next Circuit Superior Court of Law & Chancery of said County taking bond & Security for the said hire payable to the said Sheriff and return & file the Same in this Cause - Thomas MOUNTFORD one of the plffs. having entered into bond with Sufficient Security in the Clerks Office in the penalty of One hundred dollars conditioned to pay all Such costs & damages as may accrue to or against the defendants in consequence of this injunction. Teste. L.R. EDWARDS CC [notice of execution, inverted with respect to injunction (above)] {1845- April 7.th, Executed {by delivering a true copy of the {within} Ja.s J. DRIVER Dy for Ja.s C. JORDAN Shff [brief #8, calendar] Thomas MUNFORD and his wife Mary, late Mary BEALE, Joseph BRADSHAW and his wife Anna, late BEALE, William BEALE and Margaret BEALE children of Jacob BEALE. against Edward BATIN, W.m T. BATIN, and his wife Louisa and Elizabeth BEALE an infant 1844 Nov.r 21.st Ijnunction awarded. " Decr. 4.th Terms of Inj'on: Complied with & Sp.a issued 1845 Jany. Rules- Sp.a & Inj'on: ret' Executed - " March " - New sp.a awarded & Dfts. Wm. T. BATIN & wife & Elizabeth BEALE- " Ap.l " Sp.a ret.d Executed. " June " Cause set for hearing 1846 Nov. T. Continued. 1847 Nov. T. Continued 1848 May - Cont.d 1849 May - Continued - " Nov : Order to speed the cause & cont.d 1850 May: Continued [page end] ___________________________________________________________________ Copyright. 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