Chronicles of the Scotch-Irish Settlement in Virginia

Volume I

COUNTY COURT JUDGEMENTS

AUGUSTA COUNTY.

   Jost Hite vs. Thomas Linville.--Breach contract. Agreement for rental of a mill by plaintiff to defendant. Dated 23d March, 1742-3.
   Edward Herndon vs. John Pickens.--"Major" John Pickens's note. Dated 27th July, 1744. George Taylor, witness.

NOVEMBER, 1746.

   Beverley vs. McCorkle.--John Robinson, of King and Queen. Ejectment. Copy of patent for 118,491 acres on Shenando River to William Beverley, gent.; Sir John Randolph, knight, and John Robinson, gent. Sir John Randolph, of City of Williamsburg; Richard Randolph, of Henrico. Recorded in General Court 15th October, 1736. Dated 6th September, 1736. Quit claim to Beverley 17th September, 1736. Letter from Wm. Beverley to Capt. Wm. Russell, dated "Octonia, Sept. 18, 1746," empowering Russell, his attorney, to appeal in all cases.
   Tunis Hood, Defendant, vs. Adam Dickinson, Plaintiff.--Plaintiff from Prince George County, Maryland. Blacksmith. Defendant of Orange County. Bond dated 7th August, 1742.
   Capt. Thomas Cresap vs. John Johnston, Sr.--Defendant from Prince George County, Maryland. Bond dated 14th January, 1743-4.
   Benjamin Borden vs. John Smith.--Benjamin and Magdalene, his wife, executrix of John McDowell. Writ dated 26th July, 1746.

JUNE, 1747.

   James McClelhill vs. Andrew McClure.--James and Jane, his wife, admrs. of Randal McDonnald. Writ dated 25th February, 1745.
   Charles Clendenning vs. Thomas Anderson.--Attachment dated 14th February, 1745, levied in hands of John Maxwell--40 sh., paper money, due defendant from estate of James Brackenridge, late of this County, and I am informed of a certain tract of land joining the plantation of Alexr. Brackenridge, deceased, belonging to said James Brackenridge.
   Pendleton vs. Linville.--Thomas Linville not to be found in my bailiwick. March. 1746.
   Benjamin Borden vs. John Bombgardner.--Benjamin and Magdalene, his wife, late Magdalene McDowell, against J. B., on bond dated 6th August, 1743, to Magdalene while she was sole and unmarried.
   Michael Lawler vs. James Armstrong and Thomas Letch.--Michael and Mary, his wife, lately called Mary Bloodworth. Debt on bond dated 22d March, 1743, to Mary while she was sole and unmarried. Writ issued 1746, 26th November. Receipt signed Mary Bloodworth, July 29, 1744. Receipt signed Michael Lawler, 23d May, 1745.

AUGUST 1747 (A).

   Thomas Gardner vs. William Anderson.--Chancery. Supra, 10th January, 1745-6.
   Dickinson vs. Hunt.--Debt. Writ dated 22d February, 1746. Agreement, 22d April, 1743, between Thomas Lindley, of Pennsylvania, and Adam Dickenson, of Province of Maryland: Plaintiff agrees to secure a patent for 1,000 acres in Clover Creek, otherwise ye Cow Pasture, and settle two ten-

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ants thereon, and then convey to Lindley. Bond of Adam Dickinson, of Pennsylvania, and County of Lancaster, blacksmith, to Thomas Lindley, of same place, dated 1st January, 1741-2. This bond assigned, 19th February, 1745-6, by Hannah Lindley to Roger Hunt, of the County of Chester. Hannah was sole administrator of Thomas Lindley, deceased.

AUGUST, 1747 (B).

   John Pickens vs. John Graham.--In June, 1747, and several years before, John Pickens was a trader and cattle dealer. Slander. Defendant said plaintiff ran away from Paxton Township, Pennsylvania (where plaintiff formerly lived), for debt.
   Capt. Thomas Cresap vs. Johannis Cox.--Debt. Writ 23d ____, 1747. "He lives on Smith's Creek, near Lohe's (?) plantation. Ask Val. Sevior, he is his brother-in-law." "Not found in my bailiwick; he is run away. By me, John Edwards."
   Brown vs. Smith.--Capt. James Montgomery, gent., living at the Cutappa prior to 15th July, 1747.
   Philip Jones vs. Benj. Hardin.--Debt. Writ 22d June, 1747. "He lives at South Branch." "Not found in my bailiwick. He lives on James River." By me, John Edwards.

SEPTEMBER, 1747.

   Valentine Sevier vs. Thomas Linwell.--Attachment, 6th March, 1746-7.
   Robert McMahon complains that Jean Robinson, of the Province of Pennsylvania, is indebted to him 15s. August, 1747.
   George Sellers, of Frederick County, vs. Abraham Miller and Christian Miller, of Frederick County. Bond dated 8th October, 1745. "The defendants live near the narrow passage, by Falkenborgh's old place."
   David Stewart vs. William Harrison.--Attachment, 2d September, 1747. Defendant "is privately removing his effects out of the County."
   Ralph Laverty vs. James Waddell and John Lewis.--Chancery writ, 15th July, 1747. James Waddell, late of Augusta. Laverty became surety for Waddell to James Scott, but shortly afterwards Waddell ran away to some part of Pennsylvania and has never returned, being gone above ____ years. In 1743 Waddell bought 224 acres from John Lewis.
   David Hays vs. John McMaster. Bond of defendant to William Ree, 9th March, 1742. "And if not liking and recovering the tract of land in the Irish Settlement in Virginia the above note is void." Writ dated 24th August, 1747.
   Jacob Dyer vs. Sigismund Henley.--Debt. Writ dated 22d May, 1746. Defendant of Lancaster County, Pennsylvania. Bond dated 25th April, 1745. Bail bond signed John Sigismund Henley.
   William Henderson vs. Andrew McCord.--Andrew McCord, of Beverley Manor, County of Orange. Bond dated 1st June, 1742.
   John Carmichael vs. John Wilson.--Debt on bond by defendant to Mary Anne Campbell, dated 25th March, 1746. Witnesses, John Hays and Wm. Adair. Assigned to plaintiff last day of March, 1747. Morgan Camell.
   Alexander Gibboney vs. Thomas Carson.--Debt on bond dated 28th September, 1744. Defendant of Borough of Lancaster, County of Lancaster, Province Pennsylvania. Writ dated 24th August, 1747.

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   Andrew McCoole vs. James Steward.--Attachment 22d August, 1747. "Defendant is going to remove his effects out of the County." "Andrew McCoole, Priest of the World." Defendant has no effects in County.
   Robert Davis et als. vs. John Finla and Alex. Stewart.--Order to summon dated 19th August, 1747.
   John Harrison vs. James Lidderdale.--Debt, Writ 23d June, 1747. Defendant lives on James River.

NOVEMBER, 1747 (A).

   James Patton, John Finley, John Christian, James Alexander and William Wright vs. Robert Turk.--Debt for years 1741, 1742, 1743, 1744, 1745, 1746. Asst. to pay plaintiffs as collectors for Mr. Craig's salary at £1 per year. A copy of the mutual obligations between the Congregation and their Commissioners:

   Know all men by these presents yt we ye undernamed subscribers do nominate, appoint, and constitute our trusty and well beloved friends, James Patton, John Finley, George Hutcheson, John Christian, Alexander Breckenridge, to manage our public affairs, to choose and purchase a piece of ground and to build our meeting house upon it, to collect our minister's salary, and to pay off all charges relating to said affair, to get pay of the people in proportion for this end, to place seats in said meeting house, which we do hereby promise to reimburse them, they always giving us a month's warning by an advertisement on the meeting house door. A majority of the above five person, providing all be apprised of their meeting, their acting shall stand, and these persons above named shall be accountable to the minister and session twice every year for all their proceeds relating to the whole affair, to which we subscribe our names in the presence of the Rev. Mr. John Craig, 14th August, 1741.
   We, whose names are hereunto subscribed, being appointed Commissioners to choose and buy a plot of ground to build a meeting house upon it and to place seats and collect the minister's salary and to levy the charges from the sundry persons in said Congregation: We do hereby promise and oblige ourselves to pay our proportion of said charges and to lay before the minister and session a true state of all our accounts, debtor and creditor, as also of all our transactions anyway relating to the above premises, twice every year, and to give the Congregation public notice one month before any demand be made on them for their proportion, appointing them time and place, where and when and to whom of said Commissioners they shall pay the money whose receipts shall be their sufficient discharge, as witness our hands before ye Rev. Mr. John Craig, 14th August, 1741.
   This instrument by consent to be lodged in the hands of our minister.
   Copia vera. For the use of Capt. James Patton, Commissioner.

   Rebecca Edgill, administratrix of Simon Edgill, deceased, vs. John Moffett and Robert Christian.--Note dated 22d July, 1735. Writ dated 19th February, 1747.
   Mary Yates, administratrix of Abraham Yates (Frederick County), who died intestate, vs. John Smith.--Bond dated 23d June, 1743.

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   Robert McCoy, Jost Hite, Robert Green, Robert Green, being executor of William Duff, deceased, vs. William Linwell, Thomas Linwell and Morgan Bryan.--Debt on bond dated 18th June, 1746. Writ dated 24th August, 1747. Returned not found as to W. and T. Linwell.

FEBRUARY AND MARCH, 1748.

   Rebecca Edgill vs. James Alexander, Samuel Crafford and William Crafford.--Debt on bond dated 20th December, 1733. Writ dated 19th September, 1747. Defendants of Octorarah, Drummore Township, in Lancaster County, Pennsylvania. Administration of estate of Simon Edgill granted to plaintiff, in ____ County, Pennsylvania.
   Zebbulon Harrison vs. John Dobbiken.--Debt. Writ 24th August, 1747. Account dated 1746.
   David Evans vs. George Jourdan.--Attachment 18th June, 1746. George has removed. On November 20, 1747, ordered to be served in hands of Fred Carlock, on South Branch.
   George Brackenridge vs. John Preston.--Debt. Writ 24th August, 1747. March, 1748, abates by, death of plaintiff.
   Robert Bratton and Ann, his wife, late Ann Dunlap, vs. James McDowell and Francis McCowing.--Debt on bond to Ann Dunlap, 18th June, 1745, while she was single. Ann Dunlap, of the Calf Pasture. Writ dated 23d June, 1747.
   Thomas Harrison vs. Andrew Mitchell.--Case. Writ dated 18th August, 1748.
   Campbell vs Campbell.--Bond of Patrick Campbell to Maryan (Marion) Campbell, widow and relict of William Campbell, dated 1745. Assignment on back to John Campbell, dated 1747, and signed Maryan Buchanan.

MAY, 1748.

   Joseph Walker vs. Abraham Clements.--Attachment, 8th April, 1748. Defendant about to remove.
   William Caldwell vs. Francis Beatey.--Debt on note dated July, 1737. Affidavit by John Allison, in Lancaster County, Pennsylvania, dated 14th April, 1742.
   Charles Milliken vs. John Mills.--Debt. Writ 20th February, 1747. Defendant lives on Roanoke.
   Philip Jones vs. Benjamin Hardin.--Petition 20th February, 1747. Defendant has removed to South Carolina.
   Robert Brown vs. Eastham Franklin.--Attachment 16th March, 1747.

   I, the subscribere, is intendes to go to North Crittan (?), and I desires all persons that are indebted to me for goods to come and pay of their accounts to Margaret Fraser, in this County of Augusta, or to me at my dwelling house in Albemarle County, where I dwell, or they must expect to be troubled, &c. This is the first time.
   6th July, 1747.                                           JOHN BRUCE.

   Richard Morley vs. Johannes Bender.--Pet. His right name is Painter.

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   John Patterson vs. Benjamin Borden.--Chancery. When Benjamin came to Augusta he lodged at plaintiff's house and used it as a place to see persons wanting land. John was also his agent.
   Robert Cunningham vs. John Beety.--Trespass A (S) and B. Writ. 1747. Eleanor Rutledge not summoned as a witness because she was where the smallpox was.
   Benjamin Borden vs. John Shields.--Debt. Writ 1747. Bond 25th December, 1745. Defendant of Chester County, Pennsylvania. Returned "not found."
   Benjamin Borden vs. Bryan McDonnell.--Debt on bond date 27th February, 1744-5. Writ 1747. Defendant of New Castle County, Pennsylvania.
   Abraham Drake, administrator of Abraham Drake, Jr., deceased, vs. Zachary McCoy.
   Cornelius Murley vs. James Boggs and Eliza, his wife, and Henry Boggs, his son.--As. and Bat.

MAY AND AUGUST, 1748.

   Samuel Monsey vs. Joseph Harrison.--Writ 19th February, 1747.
   John Preston vs. William Miller.-Attachment, 20th November, 1747.
   Zachary McCoy vs. Abraham Drake, administrator of Abraham Drake, Jr.--Attachment, 14th September, 1747.
   Gabriel Jones vs. David Evans.--Recites statute against removing without notice, enacted at Williamsburg, 1661. David Evans transported Richard Crunk from his plantation in Frederick County to Craig's Creek in Augusta on the road to Carolina, where the said Richard Cronk is since gone.
   George Robinson and Simon Akers vs. Joseph Love, of Roanoke, in ye County of Orange, otherwise called Augusta.--Bond dated 13th December, 1744.
   William Chapman vs. Terrence McMullin.--Debt. Writ 19th February, 1747. "He lives on South Branch." "He is gone to Carolina."
   John McCreery, assignee of Alexander Lewis, vs. Thomas McCullogh.-- Bond to Alexander Lewis, 22d November, 1745. Witnesses, John Lewis and Andrew Lewis.
   Patrick Hays vs. Charles Milliken.--Debt on bond dated 4th June, 1745. Writ 19th February, 1747. Defendant of Township of Deny, County of Lancaster, Pennsylvania.
   George Bigham vs. James Stewart.--Debt on Acct., 1747. Executed.
   John Patterson vs. William Hunter and Benjamin Borden.--In 1740 plaintiff bought and settled on land from William Hunter in Borden's Survey, but got no deed. He expected to settle on the land a son-in-law whom he was expecting from Pennsylvania. Sues for a deed. May, 1748, abates by death of plaintiff.
   William Mark vs. Abraham Potter.--Account for one saddle. Writ 21st April, 1748. Defendant lived near mouth of Linvill's Creek. Mark's wife was sister of Samuel Stuart (?).
   Abraham Oldhouse vs. Jacob Miller.--Bond by plaintiff and defendant to John Miller, 4th February, 1746. Both of Township of Canistoga, Lancaster County, Pennsylvania.
   Renich vs. Holmes.--James Murray recovered vs. Thomas Renich in the Common Pleas at Lancaster, Pennsylvania, in 1744. Judgment on a note

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