Posts Tagged With: court

Chancery Case, Augusta County, 1796

Paulus vs. Weigle
Filed 28 July 1796

Peter Paulus complains that about 9 April 1793 he entered into a written contract with George Weigel for a tract of land and other matters. Paulus was later notified that Weigel had obtained a judgment against him for [amount is left blank] and court costs. He complains that it is impossible to tell from the judgment exactly what provision of the covenant he violated, but he has been informed that the matter concerns “a supposed failure for non payment of the hewing logs & procuring some shingles.” Paulus details other facts which point to irregularities in the execution of convenant responsibilites and the judgment itself. Paulus asks that George Weigel be summoned to answer the suit in person and that the judgment be set aside until the matter can be fairly heard.

George Weigle answers that Paulus “pretended ignorance” as to the nature of the judgment against him and details his side of the matter involving the logs and shingles. Weigle further states that he came to court many times so that Paulus could pay the money due for the land tract and receive title, but Paulus never came to court: “it might have been it was more convenient for him not to pay the money than to have a deed.” Weigle denies any fraud in the matter.


Source: Augusta County, Virginia Chancery Case 455, 1797-009, Library of Virginia digital archive URL: http://www.lva.virginia.gov/chancery/case_detail.asp?CFN=015-1797-009

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Chancery Case, Augusta County, 1826

Cochran vs. Weigel’s Reps.
Filed 16 December 1826

Bill of James Cochran represents that he purchased 130 acres from George Weigel on 10 March 1800 for the sum of one hundred pounds. The original purchase contract and receipt for payment were submitted to the Court. George Weigel died before making a legal conveyance of the land, leaving the following persons his only legal representatives upon whom the title to said land descended:

George Weigel, Barbara Rumsbaugh the wife of Jacob Rumsbaugh, John Weigel, Philip Weigel, Elizabeth McAbee the wife of John McAbee, Polly [Gowing – see note] the wife of [John Gowing – see note], Daniel Weigel, Catherine Kiger the wife of Benjamin Kiger, Peggy Dotson the wife of William Dotson, & William Weigel, all of whom reside out of the Commonwealth except George Weigel, John Weigel, [John Gowing – see note] & Polly his wife & Daniel Weigel who reside in the county of Augusta”

The suit states that the administrator of the will of George Weigel, decd, John Michael, is believed to have sufficient funds from the will to pay the costs of the suit. The suit asks that all parties named therein be made defendants to the bill and be ordered to execute a proper deed and pay the costs of the suit.

Case file includes land plat of tract in question, receipt from George Weigle decd stating purchase paid in full, copy of announcement calling defendants to court published in the Staunton Spectator, and Superior Court of Chancery Greenbrier District Summons for John & George Weigle, and 1835 will of James Cochran.

Note: Wherever the surname “Gowing” or “John Gowing” appears in this suit, the writing is in a different ink tone, as if the space for the name was left blank when the suit was originally written and filled in later. I had not seen the Gowing name associated with these Weigels before studying this case. Further evaluation is required.


Source: Augusta County, Virginia Chancery Case 144, 1828-003, Library of Virginia digital archive URL: http://www.lva.virginia.gov/chancery/case_detail.asp?CFN=015-1828-003

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Court Records, Monroe County, 1855 – 1858

15 January 1855
Jane Wikel, widow of Goodlow Minner, applies to have land laid off and assigned for her dower. (p. 13)

Agreement between George Wikel and Jane Minner dated 11 July 1854 admitted to record. (p. 17)

19 February 1855
Court refused to approve commissioner’s assignment of Jane Minner’s dower and job was handed back to commissioner. (p. 21)

19 March 1855
Dower land assignment approved and ordered to be recorded. (p. 27)

17 September 1855
Peter Minner’s will presented and ordered to be recorded. (p. 88)

15 October 1855
Peter Minner’s appraisment returned. (p. 94)

19 November 1855
Goodlow Minner’s accounts ordered to be settled. (p. 102)

17 March 1856
Goodlow Minner’s settlement ordered to be recorded.. (p. 135)

19 August 1856
Report Submitted by guardian Joseph Ellis on Goodlow Minner’s heirs. (p. 194)

16 February 1857
George W. Hutchinson ordered to settle estate of Goodlow Minner. (p. 251)

15 June 1857
Settlement of Peter Minner estate ordered to be recorded. (p. 286)

17 August 1857
Alexander Wikle transfers land to Wm Lively. (p. 333)

30 January 1858
Deed of B/S from Wm Wikel and wife to George C. Wikel. (p. 377)
Deed of B/S from Wm Wikel and wife to Ro. H. Wikel. (p. 377)

17 May 1858
Geo. C. Wikel appointed as surveyor of road from the end of Peter Miller’s lane to Isaac Campbell’s. (p. 410).

19 July 1858
Settlement with Joseph Ellis, Guardian of Heirs of Goodlow Minner. (p. 444)


Source: Selected entries, Monroe County VA Order Book 7, 1854 – 1859, microfilm reel 11, Library of Virginia, Richmond.

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Court Orders, Raleigh County, 1870s

31 March 1874
Precinct No. 9. Beginning at Caperton Wright’s Black Smith shop
up the middle prong of Sand Lick along a road now already part-
ly made to the upper end of Hamilton Harper’s field above the house
leaving the creek turning to the right up a ridge to the top [of] a main
flat ridge & with the same to the intersection of the Coal River Road.
And John A. Williams is hereby appointed Surveyor of the same with the
following hands. viz. Henderson Meadows, John H. Wikle, Wilson Right, Lewis
Fipps, Pleasant Aliff, Harvey Bennett & any others that may be in bounds not
on other roads. (p. 277)

12 November 1874
Hamilton Harper served on jury for State of WV vs. Andrew Pettry – Misdemeanor. (p. 317)

12 September 1877
Hamilton Harper served on jury for State of WV vs. Robert Beasley – 2 Misdemeanors. (p. 557)


Source: Selected entries, Raleigh County Order Book B, 1859 – 1878, Raleigh County Court, Beckley, West Virginia, microfilm no. 598405, Family History Library, Salt Lake City, Utah.

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Court Orders, Raleigh County, 1876

11 May 1876
Hamilton Harper served on jury for William G. Beckley vs. Martin H. Holt. (p. 445)

July Term 1876
Amount allowed for the support of Richard Cantly,
Blind Man, as partial relief $20.00. (p. 459)

July Term 1876
Amount allowed Richard Cantly,
Blind for the last 8 months in 1875, $10.00. (p. 460)

November Term 1876
Allowance for James Jones for 1 day as Juror in Inquest, $1. (p. 462)

November Term 1876
Allowance for C. L. Clay for 1 day as Juror in Inquest, $1. (p. 462)

[no date or term mentioned]
A Deed of B/S from William Turner & wife to Mary Jane Atha – 130 acres of land
more or less situate on Sand Lick Middle Fork. (p. 483)

November Term 1876
An article of agreement Between Alexander Cantley and Tempa
Hopkins
in regard to their Personal Property before Marriage. (p. 484)


Source: Selected entries, Raleigh County Order Book B, 1859 – 1878, Raleigh County Court, Beckley, West Virginia, microfilm no. 598405, Family History Library, Salt Lake City, Utah.

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Court Orders, Raleigh County, 1860/61

February Term 1860
Upon the petition of Hamilton Harper who desires a new road leading from
the location of the state road down the middle fork of Sand Lick to intersect the Coal
River and Marsh Road. It is ordered that James Mankin, Wm Vass & Hamilton
Harper after being first sworn before a justice of the peace for that purpose, do view
the ground along which said road is proposed to be conducted & report to the Court
truly & impartially the conveniences as well as the inconveniences that will result
as well to private individuals as to the public if said road should be opened as proposed.
(p. 31)

Marsh Fork 1860
Ordered that James Cantley be appointed Surveyor of the public road leading from
the top of Horse Creek point to a Blazed white oak one mile above the mouth of
Rock Creek in the course of John H. Thompson, and that here[with] all the
hands heretofore allotted to said road do [op]en & keep the same in legal repair. (p. 36)

June Term 1860
Charles L. Clay assigned debt of Elias Lively to Charles Lewis. (p. 72)

June Term 1860
G.W. Hood paid $1 for service as Clerk of Election. (p. 75)

August Term 1860
Alexr Cantley served on Grand Jury which led to indictments against Robison Williams & Archibald Trout, both for Trespass, Assault and Battery. (p. 100)

August Term 1860
Charles L. Clay – Plaintiff
vs.
Alexr Cantley – Defendant
Case transferred from Justice. “This cause is dismissed – agreed.” (p. 105)

August Term 1860
Alexr Cantley allowed $1 for service as Grand Juror. (p. 111)

Special Term, June 1, 1861
Alexander Cantley paid as an election commissioner. (p. 183)


Source: Selected entries, Raleigh County Order Book B, 1859 – 1878, Raleigh County Court, Beckley, West Virginia, microfilm no. 598405, Family History Library, Salt Lake City, Utah.

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Petition, Monroe County, 1801

To the Honorable the Speaker and Gentlemen of the House of Representatives of the Commonwealth of Virginia.

The Petition and Memorial of the subscribers, freeholders and inhabitants of the county of Monroe respectfully represent

That by an Act of the General Assembly of this Commonwealth passed in the year [blank space left unfilled] the seat of justice of the judicial district composed of the counties of Greenbrier, Montgomery, Botetourt, Kanawha and Monroe was established at the Sweet Springs in the county of Botetourt: that under the operation of the said law a monopoly enures to the proprietor of the Sweet Springs, perhaps, equally unconstitutional, as it is oppressive to your Petitioners that situate in a remote part ^corner of Botetourt county, apart from the body of population and without the advantage of a neighborhood, the suitors and witnesses to the said court are confined for their accommodation, to the tavern of the proprietor under the most inconvenient charges and regulations: that the expense of witnesses attendant upon the said court being generally equal to the fine incurred by their absence, the administration of public justice is generally retarded, and too frequently entirely defeated: that owing to the peculiar circumstances of the place a trial in the said court is rarely to be obtained previous to a lamentable train of continuances equally injurious to the parties litigant as to the general effectuation of rights: that the jail of the said District is so weak and untenable as frequently to occasion the escape of prisoners: that the said District does not command a clerk’s office, but that the records and exhibits are precariously kept in a small log mansion house among the mountains considerably detached from the said court house: that they are partially transported to the terms of the said court, and remain during the session in no certain place and under no certain arrangement, equally inconvenient to those whom they may concern, as unprotected from the common accidents by which they may be destroyed. Your Petitioners beg leave further to represent that the town of Union in the county of Monroe is situate in the heart of a compact and plentiful settlement, rapidly progressing in itself with comfortable and reasonable accommodations : a strong jail : a large and commodious court house, nearer the centre of population and territory than any other town of the District and commanding every advantage of country resource. Your memorialists therefore humbly represent : that situate as they now are, they are burthened [burdened] with numerous and oppressive hardships, without the convenient and regular administration of justice, to which they are entitled in common with other citizens : and solemnly averring to your honorable body that the convenience, the interest and opinions of the great body of the District loudly demand a removal, and that those invaluable objects are hapily and peculiarly concentrated in the town of Union in the county of Monroe : and firmly convinced that that equal and sound policy, which hath ever actuated the legislature will regulate their care. They pray your honorable body to pass a law for the removal of the seat of justice of the said District from the Sweet Springs, to the town of Union in the county of Monroe and they as in duty bound will pray


Source: Freeholders and Inhabitants of Monroe County, Request to Relocate Court, 15 Dec 1801; Virginia Legislative Petitions, LVA microfilm reel 130, Library of Virginia, Richmond.

NOTES:

The following is a partial list of surnames found on this document. Since the actual lists consist of signatures, I was unable to decipher some of them.

ALDERSON, ALEXANDER, ALFORD, ALLEN, ALLFORD, BALLARD, BENNETT, BENSON, BERN, BERRY, BICKET, BLACK, BLAND, BLANTON, BOLDIN, BOLLEN, BOSTICK, BOYD, BROOKING, BROWN, BRYNSIDE, BURDIT, BURK, BURN, BURNS, CAMP, CAMPBELL, CANLEY, CANTLEY, CANTLY, CAR, CARTER, CASSTER, CHAMBERS, CHARLTON, CHRISTY, CLARK, CLINE, COLLINS, CORNWALL, CORNWEL, CROSER, DAWSON, DEBOY, DOLTON, DONNELLY, DORREY, DOUGHERTY, DOUGLASS, DOUTY, DUGLAS, DUNBAR, EARLY, ELLIOTT, ERSKINE, EWING, FALKNER, FARLEY, FIFE, FOSTER, GABBERT, GALLE HURR, GARED, GARVIN, GLENN, GOTS, GRAHAM, GRASS, GRAY, GREEN, GWINN, HALL, HANDLEY, HARMON, HARPER, HAWKINS, HINCHMAN, HOLLAND, HONICER, HOUND, HUGHES, HUMPHREYS, HUTCHISON, JAMES, JOHNSON, JOHNSTON, JONES, KERNAN, KIENAN, KILBURN, KINCAID, KING, KINKAD, KISINGER, KITCHEN, KNOX, LAREW, LAWRANCE, LEACH, LEE, LEG, LEGG, LIVELY, LOUSE, LOVE, LOWE, LYNCH, MADDY, MAN, MANNIX, MATTHEWS, MCDOWELL, MCGLAMERY, MCGRAN, MCNEER, MEADOWS, MILLER, MILLER, MITCHEL, MORDACK, NELSON, NICHOLL, NICKEL, NICKELL, NICKIL, NICKL, PACK, PATTERSON, PATTON, PHILLIPS, PIERSEN, POWERS, PRENTICE, RAINS, RALSTON, RAMSEY, RAYNS, ROACH, ROBINSON, RUBLE, SCOTT, SHANKLIN, SHANKS, SHIREY, SHOEMAKER, SKAGGS, SKEGGS, SMITH, SPICKARD, SWOBE, TACKETT, TAYLOR, TERRY, THOMAS, THOMSON, VINVENT, VOSSEMINE, WHIT, WIGEL, WIKEL, WISEMAN, WITHEROW, WYLIE, YOUNG

Link to transcription of names in the arrangement wherein they appeared on the document pages/fragments. This list includes partial transcriptions of names that were difficult to read. You will see here how family members and perhaps neighbors signed in groups.

Names In Original Arrangement

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Chancery Case, Giles County, 1813

John Peters and wife etc. vs. Executors of Mitchell Clay
Chancery Court, Giles County, VA, 1813

“The separate Answer of Mitchel Clay ^Jr to a bill
in Chancery exhibited by John Peters & Sally his
wife in the County Court of Giles against the
said Mitchell Clay Jr. Charles Clay William
Clay & Henry Clay as executors of Mitchell Clay
decd. this deft Mitchell Clay Jr reserving to himself
the benefit of the usual exceptions to the many
untruths and uncertainties contained in the compt
bill, for answer thereto, or as much as he is advised
is necessary for him to answer saith – That
he never heard his father Mitchell Clay decd promise
to give to his daughter Sally the negroes Phebe & those
mentioned in the Complainants bill but on the contra-
ry he hath frequently heard him say that the
said John Peters never should have a negro of
his, that he did not like him so well and this
defendant further states that he never to his recollect-
tion heart of the said gift or promise untill at
^or shortly after a certain time when the said Mitchell Clay
decd at a certain time when he lay sick lay sick and expected
to die a demand of the said negroes was made
thro a certain [party?]. And this deft also states
that, the demand so offended the said Mitchell
that he would not permit his daughter Sally
nor the said Peters to enter his house, for some
time, after, And this deft states that he had
reason to believe that neither the father nor mother
of the said Sally were willing to the said Marriage
And that they never would have consented to it
but by and thro the persuasions of this deft
and others, And that this deft has heard the said
Mitchell state the following reasons, that some of
the family were crooked and deformd footed, that
it was reported that the father of the said John
Peters had been security in the county that he had
moved from and that he was about to put all
his property out of his hands, And this deft
states that he expects to be able to prove that some
of the family connections ^of the said Clay were unwilling to go to
the wedding alledging as the reason that the marriage
was so displeasing to that said Mitchell that he
would breed a disturbance in the company.
This defendant admits that the said Mitchell
Clay shortly before his decease made his last will
and Testament now of record in the County Court
of Giles which deft prays may be taken and
made a part of his Answer wherein he
devised the said negroes to this deft Charles Clay
William Clay & Henry Clay as therein stated.
This defendant states that he never did at
any time in his life exercise or endeavor to exer-
cise any influence whatever over the said Mitchell
Clay in making the said will – and Testament
nor the codicil thereto annexed further than that
on a certain time me mentioned to the said Mit
chell, that he thought he had hardly give this
Deft and Wm Clay a fair chance as he the sd Mitchell had pd
some money for Chas and Henry, that the said Mit
-chell replied that made no [—-?], he would do as he
he [repeated word] thought proper with his own to which
observation this deft [properly] acquiesced. This deft
states that the said Sally bestowed no more labor
in nursing and raising the said Mose, nor other
-wise than was her bounden duty, as a child –
This defendant positively denies any and all the
allegations in the said Compts. bill which goes
to charge him with conduct fraudulent iniqui
-tous or unjust, and having fully answered the premises
in the Compts. bill so far as he is at present
able to do prays that he may hims be dis
missd with his costs in this behalf expended.”


Source: “The Separate Answer of Mitchel Clay,” original document in case file 1812-00, Chancery Court of Giles County, VA, viewed in the Archives Research Room, Library of Virginia, Richmond.

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Court Minute Book, Raleigh County (1865-1870)

Abstracts of selected family surnames in court records

20 Dec 1865: Ordered that Alexander Cantley be allowed an old claim of overseer of poor: $26.50

20 Dec 1865 (Juror list): George Hood, Elam Scarbrough, Steel Massey, John F. Clay, Henry B. Clay, Chapman Thompson

5 Jun 1866 (election returns):
Trap Hill No. 3: For Justice of Peace – Hamilton Harper, twelve votes
Marsh Fork No. 4: For Inspector of Elections – Geo W. Hood, fifty nine votes. For School Commissioner – Jas M. Clay, fifty two votes

20 Jun 1866 (payments for service to court)
Marsh Fork Township: James M. Clay, Sup. $1.50. Geo. W. Hood, Insp. $1.50. Henry B. Clay, Clk. $1.50.
For Return of Poll Books: Geo W. Hood, 2 [days], $3.00.

Ordered that Hamilton Harper elected Justice of the Peace . . . on the 24th day of May [1866] be allowed 30 days from this date to qualify for [this] respective office.

21 Jun 1866: Ordered that the following allowances be made – Richard Cantley, $20.00.

20 Aug 1866 (payment for service to court): Steel Massey, 2 fox scalps, $2.00.

29 October 1866 (payments for service to court):
Marsh Fork Township (Officers of the Election held 25 Oct 1866): Charles L. Clay, Supervisor, $1.50. Geo W. Hood, Inspector, $1.50. James F. Webb, Inspector, $1.50. Henry B. Clay, Clerk, $1.50.

4 Jun 1867 (officer list): Marsh Fork Township – Supervisor, James M. Clay. Clerk, Elam Scarbrough. Inspector, George W. Hood. Supervisor of Roads, Precinct no. 1, R. L. Clay.

5 Nov 1867 (juror list): Marsh Fork Township – Charles L. Clay, Geo. W. Cantley, Jacob Jackson, Geo. W. Hood, James M. Clay.

20 Mar 1868: Ordered that J.M. Clay be allowed to erect two gates on the Sand Lick Road No. 1.

28 May 1868: Ordered that Charles L. Clay late constable be and is hereby authorized to collect the old fee bills in his hands in accordance with law.

6 Nov 1868 (officer list): Marsh Fork Township – Surveyor of Roads, G.W. Cantley

21 Dec 1868 (juror list): Marsh Fork – Geo W. Cantley, Charles L. Clay, Jacob Jackson, Ralph S. Clay, James F. Clay, Wm K. Clay, Samuel Cantley, John B. Scarborough, Alexander Cantley

3 October 1870: Ordered that Wright Dillion be and is hereby granted a review of ground through the lands of Isaac Smith and Homer L. Gillespie in Clear Fork Township with the following Commissioners, viz Wm H. Shumate, James Fipps and Wm Daniel and report to subsequent meeting of this Board.


Source: Selected entries, Raleigh County Minute Book 1850 – 1871 [unpaged, unindexed], Raleigh County Court, Beckley, West Virginia, microfilm no. 598403, Family History Library, Salt Lake City, Utah.

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