Chronicles of the Scotch-Irish Settlement in Virginia

Volume I

COUNTY COURT JUDGEMENTS

AUGUSTA COUNTY.

by Thomas Renick, John Holmes and others, to James Murray, dated 31st December, 1741.

FEBRUARY, 1749 (A).

   Mary Dyer vs. Hugh Douglas.--Chancery, Write dated 26th August, 1749. Mary, administratrix of her husband, Peter Dyer, oratrix. In 1746 Peter agreed to buy a plantation from defendant on Stinson's Mill Creek. Peter died intestate, leaving no child.
   John Paul Vought, orator, vs. David Logan, defendant.--Chancery. Writ dated 22d August, 1748. In 1744 orator purchased 400 acres of David Logan on North River near John Bumgardner. The land was afterwards surveyed for Andrew Fought.

   Francis Gardiner vs. Alexander Gibson.--Slander. Daniel McAnare was a miller.
   Nicholas Gibbon vs. John Scull.--Debt for 30 "proclamation money" on bond dated 1st May, 1746. I, John Scull, of County of Gloucester and Province of New Jersey, to Nicholas Gibbon, of County Salem, New Jersey. "Defendant is a young man from Salem in ye Jersey." Writ dated 18th December, 1747.
   Adam Andres, of Philadelphia, vs. Jost Dubs.--Debt on bond dated 9th March, 1746. Jost Dubs, of Frederick County, Virginia, trader.
   Andrew Campbell vs. John Walker.--Being four of same name, I knew not which to execute process on, Robert Breckinridge.
   Charles Dalhouse vs. Joseph Tees.--Slander. Verdict for defendant.
   Edward Innes vs. David Stevenson.--A and B. 28th July, 1748.
   James Armstrong vs. Robert Young and Agnes, his wife.--A and B by Agnes on Catherine Coleman, a servant of plaintiff. Verdict for defendant.
   John Hind vs. John Kerr.--In consideration of marriage by plaintiff of Jane, daughter of defendant, defendant promised plaintiff land. Married 1749. Writ dated 4th December, 1749. Defendant refused to make conveyance and suit.
   James Patton vs. Alexander Douglass (stone mason).--Contract to build a house for plaintiff with dimensions and plans. 25th October, 1746.
   John Stephen vs. Robert Gamble.--Debt on bond dated 20th November, 1746. "I, Robert Gamble, of County of Bucks. in Pennsylvania." Robert (mark x) Gamble. Witnesses, James Coulter, James Halliday.
   Hugh Donally vs. William Price.--Debt on bond dated 22d September, 1746. William Price, of Peneader Hundred, County of New Castle, Pennsylvania, weaver, to Hugh Donally, of same place, cordwainer.

FEBRUARY, 1749 (B).

   Moses McClure vs. John Wilson, the distiller.--Bond dated 4th February, 1748-9.
   Charles Millikin vs. Peter Kinder.--February, 1749. Abates by death of defendant.
   Scott vs. Repentance Townsend and Mary, his wife.--May, 1749.
   Robert Patterson vs. John Downey.--Petition 26th August, 1749. Defendant lives on New River.

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   James Porteus vs. George K (?) Gibbin.--Petition 26th August, 1749. Defendant lives on South Branch with Rutledge.
   Order to summon Justices to qualify, 2d December, 1749. Thomas Steward summoned.
   Russell vs. Porteus.--Dr. Hawson. 1749.
   John Keney vs. James Rutledge.--Debt. Writ 26th August, 1749. Defendant lives at South Branch.

FEBRUARY AND MAY, 1747.

   Adam Breckenridge vs. Robert McClenachan.--As. and Bat. in 1747. Writ dated 18th January, 1747-8, not executed by order of plaintiff.
   John Tillory vs. James Anderson and Elizabeth, his wife, late Elizabeth Skillern.--Debt on note given by Elizabeth when single. Writ dated 28th January, 1747. Note dated 27th November, 1747.
   Edward Franklyne vs. Robert Turk.--Debt on account. Set off account vs. Eastham Franklyne to feeding Rubin Franklyn's horse one month on account of Eastham Franklyn. Account dated May 17, 1746. To my son's work for you (carpentering). (Signed) Edward Franklin. Agreement for work dated 17th December, 1745-6.
   George Brackenridge vs. John Holmes.--Debt. Writ 18th June, 1746. Bond dated 17th April, 1746.
   Thomson vs. James Fowler.--Attachment, 24th February, 1746-7. Martha Thomson, wife of Mathew Thomson.

MAY, 1749.

   James Given vs. John Stewart, taylor, of Staunton, and Thomas Fulton.-- February, 1763. Bill filed. Writ 4th January, 1763. Attachment for answer 18th March, 1763. In December, last past, Stewart followed orator into the store of Felix Gilbert and importuned him to stay in town that day, and plied him with liquor until he was very drunk, when Stewart persuaded him to sell him a slave. Suit to set aside the sale.
   Baird vs. John Thomas and John Dills.--Defendant lives on Roanoke, 1748.
   Jacob Marlin vs. Samuel Finley.--Defendant lives at Jackson's, on River James. 20th February, 1748.
   Hugh Young vs. Erwaker Johnston.--Defendant lives on Jackson's River. April, 1749.
   Robinson vs. Hugh Mathards, tanner.--Petition on account. Dated, 1732, from Sussex County, on Delaware.
   Samuel Hill and Ann, his wife, vs. Samuel Harrison.--T. C. Writ dated 20th March, 1748. Executed.
   Philip Jones vs. Benjamin Hardin.--On account. Dated 1743. Defendant lives in Cowpasture.

AUGUST, 1749 (A).

   John Graham vs. Henry Hardin.--Petition. Defendant lives in lower end of County. 2d May, 1748. "Not in my bailiwick."
   John Harrison vs. James Louderdale (Smith).--Debt on bond dated 2d February, 1744-45. Writ dated 1747, 20th February.

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   John McPharrin vs. Benjamin Borden.--Chancery, Writ dated 17th April, 1746. In 1740, orator purchased 31 acres of Borden through John Patterson, Borden's agent, which Borden afterwards affirmed.
   James Patton, qui tam, vs. Rev. John Hindman.--In 1747 defendant married James Anderson (alias Ute Perkins) and Elizabeth Skeleron, widow and relict of William Skeleron, late of Augusta, without license.
   William Armstrong vs. William Lusk.--Debt. Bond dated 24th November, 1744. "I, William Lusk, of Lancaster County, Pennsylvania, Paxton Township."
   John Hill, by William Hill, father and next friend, vs. William Case.-- Slander.
   Same vs. Thomas Haldman.--Defendant lives in a branch of Haldman's Creek.

AUGUST, 1749 (B).

   The King vs. Henry Murray.--Assault and battery on Joseph McClenen. Errors assigned ____. Presentment for beating Joseph in the meeting house yard, whereas no yard is enclosed, and several public roads are adjacent thereto, so that the assaulting might be in a public road. That the presentment is for assaulting and beating at the time of the burial service, whereas the burial service amongst Presbyterian Dissenters is no act of religious worship. Was indicted by name of Henry Morrow, whereas his name was Murray.

NOVEMBER, 1749.

   David Moore vs. Benjamin Borden.--Bill filed September, 1757, by David to compel conveyance by Benjamin, Jr., of land bought by David of his father, Benjamin, Sr.
   William Hughs vs. William Miller.--Abates by death of plaintiff, 1749.

MAY, 1750 (A).

   Brownlee vs. Smith.--Bond of John Smith, of Orange County, Virginia, to Alexander Brownlee, of Donigall, in the County of Lancaster in Pennsylvania, dated 9th June, 1739. Conditioned that Smith shall make a title to Brownlee for 400 acres lying at head of the great Poplar Bottom, on the North River, at the lower end of the Great Stony Lick, before 1st July, 1740. Suit brought 25th February, 1746, by Alexander Brownlee, of Donigall, &c.
   Daniel Harrison bid on the building of the Court House and says his was the lowest, but the Commissioners refused to give the contract to him, and he petitions the Court to know the reasons why.
   James McDowell vs Benjamin Borden.--Slander. Writ 25th August, 1747. James charges that Benjamin said on 17th August, 1747: "Thou art a rogue and a murdering villain, and I can prove it." And also: "He is a murderer, and brought the Indians upon the settlement (innuendo--the people settled in this County, a great number whereof being his Majesty's liege subjects were slain by the Indians in a difference that happened between his Majesty's subjects inhabiting the said County and the said Indians, some time in the year 1742)." Verdict for defendant.

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   Robert Foyle vs. John Erwin.--Slander. Charged that plaintiff had spoken treasonable words. Robert and Elizabeth, his wife, had resided in New Castle County, Pennsylvania, 8 years before 27th May, 1745. One of the Justices certifies that they were good citizens. Many of the citizens certify that they were a common disturber of the peace, both amongst Clergy and Commonwealth. Verdict for plaintiff. 1 penny.

MAY, 1750 (B).

   Thomas Nevitt vs. Edmiston and wife.--Petition. George Heas (Hays) made note to plaintiff 12th June, 1745, and died, leaving widow, Sarah, who married James Edmiston. Writ dated 25th May, 1749. Thomas Nevitt was a Quaker from Lancaster County, Pennsylvania.
   James Greenlee and Mary, his wife, vs. John Stevenson and Mary, his wife.--Slander.
   George Brackenridge vs. Fergus Ray.--Debt on account, 1744. Defendant, long before 1744 and since, has lived in Goochland, and plaintiff sued defendant in Albemarle and recovered.
   Isaac Anderson vs. Benjamin Borden.--Chancery, Writ dated 25th August, 1746. In 1741, orator bought land of Benjamin Borden, Sr., and now sues for title.

FEBRUARY, 1750.

   Andrew Moor vs. Benjamin Borden.--Chancery. Writ dated 22d August, 1748. In 1738, after several conferences with John McDowell, gent., late of this County, deceased, John sold orator 700 acres in Borden's tract, but Benjamin Borden afterwards surveyed it to William Evans and George Henderson. John McDowell died 1742 intestate and Magdalene McDowell, his widow, became administratrix, and sometime afterwards intermarried with Benjamin Borden, Jr. John McDowell was agent for Benjamin Borden, Sr. Answer states that John McDowell bought 1,000 acres of Benjamin Borden and died intestate, leaving heirs.
   James Bayard vs. Alexander Glaspy.--Alexander from Cecil County, Maryland. 2d January, 1741-2.
   Thomas Campbell vs. Joseph Love.--Thomas was living in Philadelphia. 24th October, 1749.
   Capt. Thomas Cresap vs. Humberstone Lyon.--Defendant from Prince George County, Maryland. 1st April, 1743.
   Stephen Ruddle vs. Daniel Bulgier.--Daniel married Sarah James.
   Agnes Reid vs. John Trimble.--John Scott, aged above 40 years, and Robert Reed, aged about 50 years. September 25, 1748.

NOVEMBER, 1750 (A).

   John Theobald End vs. Jacob Miller.--I, Jacob Miller, of Conastogoe Township, Lancaster County, Pennsylvania, 6th December, 1745. Writ dated 5th September, 1750.

NOVEMBER, 1750 (B).

   Edward Hall vs. Jacob Patton.--Petition on account. Writ dated September, 1750.

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   Peter Wallace, now in Virginia, vs. John Kyle.--Petition on account dated 1738. From Lancaster County, Pennsylvania. Writ dated 5th September, 1750.
   Andrew Campbell vs. John Walker.--Debt. Writ dated 6th March, 1749. On judgment obtained in Frederick County, in 1743, on a note dated 1738.
   John Foutch vs. John and Daniel Maggit.--Chancery, Writ dated 9th February, 1749. In 1745 or 6, plaintiff bought 300 acres on South side Shenando from defendants, and now sues for title deed.
   Thomas Harrison vs. John Craig.--Debt on note dated 12th September, 1749.

AUGUST, 1750 (A).

   William Mach vs. Samuel Stuart.--(Did William marry Stuart's sister? See Supra.)

AUGUST, 1750 (B).

   Walter Denning vs. John Walker, Sr.--Debt. Writ 26th August, 1749. Defendant lives at South Branch.

AUGUST, 1750 (C).

   Lawrence Stevens vs. James Gordon.--I, James Gordon, of Township of Gwyneed, County of Philadelphia, Pennsylvania. Debt on bond dated 20th April, 1748. Writ dated 6th March, 1749. Bail bond dated August, 1750
   James Rutledge vs. John Storey (Thos. Storey, administrator of John).-- Debt on account dated 1740. To 7 large steers sold John Storey in Carolina. Writ dated 20th April, 1747.
   Thomas Stuart vs. John Oliphant.--Writ 22d March, 1748.
   Joseph Culton vs. Robert Orr.--Writ dated 6th March, 1749. "Robert Orr in Borden's Land and in Augusta County, Virginia, Cooper." Bond 28th August, 1747.
   John McKown vs. Philip Chittim and Samuel Chew.--Contract to build house for plaintiff with dimensions and descriptions. 18th May, 1748.
   Samuel Smith vs. Beaty.--Mr. Michael Woods, formerly of Paxtunk, Pennsylvania. Account dated 1733. Thomas Renich, on 1st September, 1750, deposed: About 8 years ago, at his own house, he saw and spoke with said Smith and Robert Buchanan, the then Sheriff of Lancaster County. He heard Smith (then merchant at Connoy) say, &c., several accounts: Smith vs. James Cathey, 1737; Smith vs. Adam Thomson, 1736-7-8; Smith vs. William Robinson, 1739; Smith vs. Richard Woods, 1738; Smith vs. Mrs. Margaret McDowell, 1737; Smith vs. Mrs. Mary McDowell, 1737; Smith vs. Michael Woods, 1738-9; Smith vs. John Maxwell; Smith vs. Samuel Woods, 1734-5-8; Smith vs. Francis Beaty, 1735-6; Smith vs. John Christian, 1737; Smith vs. Robert Christian, 1733-4-5-6 Smith vs. Randell McDaniel; Smith vs. William Hutchinson; Smith vs. George Hutchinson. All sworn to by Samuel Smith, late of County of Lancaster, before a Justice, in Philadelphia, 13th October, 1743.

FEBRUARY, 1750 (B).

   John Mathews, Jr., vs. James Huston.--Bond dated 30th May, 1749. Witness, John Mathews, Sr.

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