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, dec^d, 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 dec^d 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.

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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

Land Taxes, Fayette County, 1830s

Year, Name, Acreage, Location, Notations [if present], Page No., Line No.

1834, Eliza Cantley (infant), 100 acres, Marsh Ford of Cole, entered by Alexander Cantley her next of kin, (page 4, line 1)

1837, Eliza Cantley, 100 acres, Fayette, (page 5, line 5)

1838, Eliza Cantley, 100 acres, residence unknown, (page 6, line 28)

Note: entries identical to the 1838 listing appear in 1840, 1841, 1842, 1843, 1844 and 1848. I have not checked every year due to the poor condition of this particular film.

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Source: Selected records for Eliza Cantley, Fayette County Virginia Land Tax Lists, 1831 – 1861, microfilm reel 66, Library of Virginia, Richmond.

Land Taxes, Raleigh County, 1872 – 1878

Year
Name, District, Area, Acres, Bearing From Courthouse, Notes. Page

1872
Alexander Cantley, Marsh Fork, Marsh Fork Waters, 100, NW 22, In Fee. (p. 20)
Hamilton Harper, Clear Fork, Middle Fork of Sand Lick, 271, SW 10, Increased and Transferred from Trap Hill. (p. 24)

1873
Phillip Wikle, Clear Fork, Sand Lick, 65, [unreadable], Transferred by [unreadable] wife, et al. (p. 32)

1875
Alexander Cantley, Marsh Fork, Dry Creek Waters, 65, W 22. (p. 37)
Phillip Wikle, Clear Fork, Sand Lick, 65, NW 14. (p. 35)

1876
Alexander Cantley, Marsh Fork, Dry Creek Waters, 55, W 22. (no page)
Alexander Cantley, Marsh Fork, Marsh Fork Waters, 20, W 25. (no page)
Phillip Wikle, Clear Fork, Sand Lick, 65, NW 14. (no page)

1877
Alexander Cantley, Marsh Fork, Marsh Fork, 35, W 22. (p. 29)
Alexander Cantley, Marsh Fork, Marsh Waters, 20, W 25. (p. 29)
Mary J. Atha, Clear Fork, Waters of Sand Lick, 134, NW 10. P. 33.
Jackson [Phillip] Wikle’s Heirs, Clear Fork, Sand Lick, 65, NW 14. (p. 39)

1878
Phillip Wikle’s Heirs, Clear Fork, Sand Lick, 65, NW 14. (p. 32)
Alexander Cantley, Marsh Fork, Marsh Fork, 35, W 22. (p. 33)
Alexander Cantley, Marsh Fork, Marsh Waters, 20, W 25. (p. 33)

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Source: West Virginia Land Tax Lists, 1782-1900, Raleigh County, microfilm reel 337, Library of Virginia, Richmond.

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 W^m Lively. (p. 333)

30 January 1858
Deed of B/S from W^m Wikel and wife to George C. Wikel. (p. 377)
Deed of B/S from W^m 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)

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

Land Grant, Giles County, 1811

Mitchel Clay, Jr
100 acres
Giles County

George W^m Smith, Esquire, Lieutenant Governor of the Commonwealth of Virginia, To all to whom these presents shall come Greeting: Know ye, That by virtue of Land Office Treasury warrant, number 3954, issued the 2^nd day of June, 1804; there is granted by the said Commonwealth, unto Mitchel Clay, junior, a certain Tract or parcel of Land, containing One hundred acres by survey bearing date, the 14^th day of November 1809, lying in the County of Giles, on the east side of New river, and bounded as followeth, to wit: Beginning at a pine on a ridge, and running thence, north fifty eight degrees east, fifty two poles to a hickory and two black oaks on a hill side: north fifty two degrees west, eighty eight poles to two pines on the top of a ridge: north seventy five degrees west, one hundred and one poles to a black oak on the top of a high ridge: south one degree west, twenty poles to a double pine on the same ridge: south sixty eight degrees west, fifty eight poles to three red oaks on the bench[?] of a hill: north forty five degrees west, seventy eight poles to two pines on the point of a ridge: north twenty five degrees east, twenty three poles to three little hickories on the top of a hill: north forty seven degrees west, fourteen poles to a pine: south thirty seven degrees west, twenty six poles to two pines: south twenty degrees east, sixty poles to three small red oaks about ten poles to Reuben Roberts corner on three white oaks: thence with, or nearly with said line, south sixty degrees east, eighty poles to a black oak and poplar: and thence south seventy eight degrees east, one hundred and sixty four poles to the beginning. To have and to to [word repeated] hold the said Tract or parcel of Land with its appurtenances, to the said Mitchel Clay junior, and his heirs for ever. In witness whereof the said George W^m Smith, Esquire Lieutenant Governor of the Commonwealth of Virginia, hath hereunto set his hand, and caused the lesser Seal of the said Commonwealth to be affixed at Richmond, on the sixteenth day of April, in the year of our Lord, one thousand eight hundred and eleven, and of the Commonwealth the thirty-fifth.

Geo: W^m Smith

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Source: Land Office Grants and Patents, Giles County, Virginia, 1810 – 1811, p. 495 – 496, LVA microfilm reel 61, Library of Virginia

Indenture (Land Sales), Augusta County, 1797

This Indenture made the 10^th day of June one Thousand seven hundred and ninety seven between James Curry and Rebekah his wife of the County of Bourbon Kentucky of the one part and George Weigle of the county of Augusta & State of Virginia of the other part Sheweth that whereas the said James Curry by his letter of attorney having date the 19^th day of August 1794 did constitute and appoint his son James Curry of the County of Rockingham his heir and lawful attorney to bring Suits, Collect Debts, give discharges, make conveyances, &^c. Now This Indenture Witnesseth that the said James Curry for and in consideration of the sum of Three hundred pounds Virginia money to them the said James Curry Sen^r and the said James Curry attorney in fact in hand paid the Receipt whereof the said James Curry Sen^r by his attorney aforesaid doth hereby acknowledge, hath granted, bargained and sold and by these presents doth grant bargain sell Alien and confirm unto the said George Weigle and his heirs the following Tracts or parcels of land lying and being in the County of Augusta aforesaid. Viz the first containing one hundred and seventy acres lies on Thorny Branch and is bounded as follows     Beginning at a white oak corner to Benjamin Copelands (now Waddels land) and running thence North twenty degrees West one hundred poles crossing the branch to two Hiccorys and a white oak North seventy degrees East forty four poles to a black oak North twenty degrees west sixty poles to two pines West sixty two poles to a pine South thirty five degrees West two hundred and forty poles to a black oak south thirty degrees East fifty four poles crossing the branch to two pines on Copeland’s line and with said line North seventy degrees East two hundred poles to the Beginning and was conveyed to the said James Curry by Edward E[?] and Mary his wife by their deed of Bargain & sale dated 18^th March 1777 as will appear in the records of the County Court of Augusta reference thereto being had the second contains sixty nine acres lying on the north west side of the preceding tract joining Thomas Waddels land and bound as follows     Beginning at a double white oak and running thence North Eighty Degrees West fifty six poles to a pine Robert Law’s corner South Eighty eight degrees West fifty two poles to two pines near said Law’s corner South thirteen degrees East Eighty poles to a large white oak and two black saplins South sixty degrees West sixty four poles to a white oak South thirty three degrees West thirty two poles to two white oak saplins by a branch South 68 & ½ degrees West forty two poles to two white oaks across said branch South fifty seven degrees East seventy two poles to two pines Thomas Waddel’s corner and North thirty seven degrees east two hundred twenty six poles to the Beginning and was granted by patent to the said James Curry [?] Feb 1^st 1781 The Third contains [unreadable] Acres joins the first mentioned Tract and [several more unreadable words] and Robert Law and is bounded as follows            Beginning a black oak his corner thence North sixty degrees East twenty poles to a white oak and Jane Bing’s corner North 16 [degrees] West thirty one poles to a white oak and a pine on a draft South 88 [degrees] East 33 poles to two white and a black oak sapling North 15 [degrees] West 15 poles to two white oaks and a pine sapling on Piercy’s line North 86 [degrees] West 62 poles to two black oak saplings on Law’s line thence with said Curry’s line South 24 [degrees] East 61 poles to the Beginning to have and to hold the aforesaid Tracts of land as above described together with the appurtenances to the sole use and [?] of him the said George Weigle and of his Heirs and assigns forever and the said James Curry and Rebekah his wife for themselves and their Heirs the said Tract of land unto the said George Weigle and his Heirs against the claim or demands of all persons whatsoever do and by these presents will forever warrant and defend     In Witness whereof the said James Curry J^r Attorney in fact of aforesaid hath hereunto subscribed the names of the said James Curry & wife and affixed their seals the day & year first above written

Signed sealed & acknowledged
In presence of                                 James Curry {seal}
Sam^l Clarke                                  Rebekah Curry {seal}
Jn^o [McClenarhan?] J^r
Ja^s [?]wight

At a Court held for Augusta County October the 17 1797 This Indentures of Bargain and sale between James Curry and Rebekah his wife by James Curry their attorney in fact of the one part, and George Weigle of the other part was proved by the oaths of Samuel Clarke John [McClenarhan?] & James [?]wight the Witnesses thereto & ordered to be recorded.

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Source: Augusta County Virginia Deed Book 29:241-243, LVA microfilm reel 13, Library of Virginia, Richmond.

Land Grant, Greenbrier County, 1785

Patrick Henry Esquire Governor of the Commonwealth of Virginia,
To all to whom these presents shall come, Greeting know ye, that
by virtue of a certificate in right of Settlement give by the Commissioners
for adjusting the Titles to unpatented lands in the District of Augusta
Botetourt and Greenbrier and in consideration of the ancient composition
of one pound fifteen shillings sterling paid by Alexander Clark unto
the Treasury of this Commonwealth there is granted by the said
Commonwealth, unto the said Alexander Clark a certain Tract or
parcel of Land, Containing three hundred and thirty acres by survey
bearing date the thirteenth day of April one thousand seven hundred
and eighty four lying and being in the County of Greenbrier
on Indian Creek adjoining the lands of James Ewing and
John Henders and Bounded as followeth ,To wit, Beginning
at a buckeye on a hill on the south side of the creek thence north
thirty seven degrees east forty poles to a red oak on the Bank of
the creek corner to Ewing and with his line crossing said
creek south seventy eight degrees East forty six poles to two
white oaks North nine degrees West fifty two poles to three
Linns North ten Degrees West one hundred and four poles to a
White oak Leaving said line South Eighty four degrees West twenty
two poles to a white oak South Seventy degrees West sixty poles to a
white oak North Eighty six degrees West Eighty poles to three
white oaks and a Hickory south thirty five degrees West one
hundred and thirty poles to a pine and Hickory on a hill South
thirty degrees West one hundred and twelve poles to a
Hickory in a Bottom South thirty nine degrees East Eighty
poles to two red oaks and white oaks North fifty three
Degrees East two hundred and forty two poles to the
Beginning with its appurtenances; To have and to hold
the said Tract or parcel of Land with its appurtenances, to
the said Alexander Clark and his Heirs forever In
Witness Whereof the said Patrick Henry Esquire Gover-
nor of the Commonwealth of Virginia, hath hereunto
set his Hand, and caused the Lesser Seal of the said Common-
wealth to be affixed, at Richmond, on the Twentieth day
of June in the year of our Lord, one thousand seven
hundred & Eighty five and of the Commonwealth the Ninth.

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Source: Land Office Grants Q, 1785, p. 701 (Reel 57), Library of Virginia, Richmond.

Deed, Augusta County, 1792

19 June 1792

George and Elizabeth Weigle of Augusta County, Virginia to George Phyfer of the same

“in consideration of the sum of thirty three pounds current money of Virginia”

a parcel of land containing 10 ½ acres, part of a tract of 183 acres first granted to John Finley 1 December 1740, lying in the county of Augusta on a small branch of the Middle River.

Beginning at a white oak patent corner, running thence:
S65d W82p to a white oak on Michael Hogshead’s line
S65d E55p to a stake the old corner
N25d E63p to the Beginning

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Source: Augusta County, Virginia Deed Book 27:329 -331, LVA microfilm reel 12, Library of Virginia, Richmond.

Deed, Monroe County, 1817

This Indenture made this 14^th day of October one thousand eight hundred seventeen Between Rebecah Cantly widow of Samuel Cantly dec^d, John Wyatt & Eleanor his wife late Eleanor Cantly, Alexander Cantly & Mary his wife John Cantly, Sally Cantly, James Cantly Rebecah Cantly, Mary Cantly & William Cantly, heirs & representatives of Samuel Cantly Dec^d of the one part & Alexander Clark of the other part each of the County of Monroe & state of Virginia Witnesseth, that for & in consideration of the sum one dollar to them in hand paid at or before the ensealing and delivering of these presents the receipt whereof they do hereby acknowledge have baggained & sold and by these presents do bargain and sell unto the said Alexander Clark and his heirs a certain Tract of land lying on Indian Creek in the county of Monroe containing forty four acres be the same more or less part of a survey of six hundred acres made for James Ellison Sen^r dated the 18^th day of June 1790 patented the 5^th day of March 1792 to said James Ellison. Beginning at a white oak and a steep bank corner old survey and Joseph Siers and with S50 W90 poles to three white oaks S47 E62 poles to a walnut on the bank of the creek thence leaving Siers up the creek N82 E24 p^l to an elm and walnut N17 E34 p^l to two hickories on the creek bank & N41 E55 p^l to a large white oak & dogwood on the opposite line thence through the survey N53 W 47 p^l to the Beginning crossing Indian Creek, with its appurtenances to the said Alexander Clark to the sole use & behoof of the said Alexander Clark and his heirs & assigns forever, and the said widow & heirs and representatives for themselves & their heirs doth covenant with the said Alexander Clark & his heirs the said Tract of Land from themselves And their heirs to the said Alexander Clark & his heirs & assigns forever will warrant & forever defend aginst all claims or claims whatever in witness whereof we have hereunto set our hands & seals this day and year first above written
Sign^d, Seal^d & delivered in the presence of Rebecky Cantley {seal}
Joshua Butcher                                      Eleanor Wyatt {seal}
James Clark                                           John Canly {seal}
                                                               John Wyatt {seal}

Monroe County To wit
           We William McDaniel and Georg Walker Justices of the peace in the county afore said stat of Virginia Do hereby certify that Eleanor Wyatt the wife of John Wyatt Rebecky Cantly widow of Samuel Cantly Deceased and John Cantly partys to a certain Deed for the conveyance of real estate to Alexander Clark Bearing Date this 14^th Day of October 1817 and hereto anext personally appeared before us in our county aforesaid and the said Eleanor Wyatt being examined by us prively and apart from her husband and having the deed aforesaid fully explained to her she the said Eleanor Wyatt Rebecky Cantly and John Cantly acknowledged the same to be their acts and deeds and declared thy had willingly signed sealed and declared the same and they wished not to retract it given our hands and seals this 14^th day of October 1817.                                                                                   William McDaniel {seal}
                                                                          George Walker {seal}

Monroe Clks office Oct 14 1817
This Deed of Bargain & Sale from the heirs of Samiel Cantly Dec^d & Alexander Clark was acknowledged before two Magistrates & certified
                                   Teste
                                   Jn^o Hutchison Jr CMC

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Source: Monroe County Deed Book G, 1818 – 1823:327-328, LVA microfilm reel 35,
Library of Virginia, Richmond.

Deed, Monroe County, 1824

This Indenture made this fourth day of August one thousand eight hundred and twenty four, Between Alexander Cantley and Polley his wife of the one part and Thomas Scott of the other part, each of the county of Monroe and state of Virginia, Witnesseth that the said Alexander Cantley and Polly his wife for and in consideration of the sum of one dollar to them in hand paid by the said Thomas Scott at or befor the ensealling of these presents the receipt thereof they do hereby acknowledge, have bargained and sold unto the aforesaid Thomas Scott the one full and equal undivided eighth part of a tract or parcel of land which Samuel Cantley the father of the said Alexand Cantley died seized of and which eighth part is the part belonging to the said Alexander Cantley as one of the legatees of the said Sam^l deceased, and which undivided one eighth part of land the said Alexander Cantley and Polley his wife to the said Thomas Scott will warrant and forever defend from themselves and their heirs and from all and every claim or demand whatever, to the sole use and behoof of the said Thomas Scott with is appertainances forever.            In Witness whereof they have hereunto set there hands and seals this day and date first above written
In Presents of }
                           Alexander Cantley {seal}

                                   her
                           Polly X Cantley {seal}
                                   mark

Monroe County to wit
                                   We William McDaniel and John Pack Justices of the Peace in and for said county do hereby certify that Alexand Cantley and Polly Cantley the wife of the said Alexander Cantley personally appeared before us in our said county and they being parties to the within deed for the conveyance of real estate and acknowledged the same to be their acts and deeds and wished us to certify the same to the clerk of the county court of Monroe aforesaid, in order that the same may be recorded, she the said Polly being examined prively and apart from her said husband, declared she had willingly signed sealed and dellivered the same and that she wished not to retract it           Given under our hands and seals the fourth day of August 1824.                                    William McDaniel {seal}
                                   John Pack {seal}

Monroe County Clerks Office 4^th August 1824
                                   This deed of bargain and sale from Alexander Cantley and Polly his wife to Thomas Scott was acknowledged before two Justices of the Peace and by them certified and the same is comitted to be recorded.
                       Teste.    Isaac Hutchison CMC

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Source: Monroe County Virginia Deed Book H, 1823-1826:156-157, LVA microfilm reel 36, Library of Virginia, Richmond.