Chronicles of the Scotch-Irish Settlement in Virginia

Volume I

COUNTY COURT JUDGEMENTS

MARCH, 1754 (B).

   John Chiswell vs. Henry White.--Henry White, of Goochland County. Colonel John Chiswell, of Hanover County, not executed by reason of his swift running.
   Kinkead vs. Lockridge.--William Kinkead, an infant under the age of 21 years, son and heir-at-law of Thomas Kinkead, late of County of Augusta, by James Lockhart, his next friend. Bill filed May, 1753. Thomas Kinkead, in 1747, removed from the Province of Pennsylvania with orator and Thomas's family. On 19th November, 1747, Thomas bought 263 acres joining John Preston, Robert Lockridge, Robert Gwin, in Augusta County. Thomas died in 1750 intestate, leaving a widow and ____ children, of whom orator is eldest. Bond of James Lockridge, of Augusta County, with Thomas Kinkead of Lancaster County, Pennsylvania, dated 19th November, 1747.
   Neill vs. Dougherty.--Michael Dougherty, of the township of New Londonderry, Chester County, Pennsylvania, storekeeper; William Neale and Thomas Provence of same County, &c. Bond to Simon Hadley of Miler (?) Creek Hundred in County of New Castle on Delaware. 5th January, 1737-8. Witness, James Jordan.
   Davis vs. Whitaker.--Charles Whitaker "removed out of the Colony." 1753.
   Jacob Gunn vs. Robert Craven.--Robert Craven had bought land of Joseph Hite on Linville Creek; Jacob Gunn came from Pennsylvania and bought the land from Craven, 1743. Bill filed March, 1746.
   Scull vs. Drening.--Walter Drenning was living in Greenbrier, 1752.
   Cochran vs. Durham.--John Durham, of Orange County, planter. Bond to Andrew Cochran & Co., merchants, in Glasgow, 1752. Witness, John Stewart.
   Elizabeth McConnell vs. Robert Young.--"Not executed by reason of death of plaintiff," 1753.
   Johnson vs. Neally.--Dr. John Neely in Augusta County.

MAY, 1754 (A).

   Finny vs. Caldwell.--John Caldwell, of Ballibogan, in the Parish of Lifford and County of Donegall, Chapman, to be paid to William Hogg, of the City of Londonderry, merchant, dated 1st August, 1747. Process executed 1753.
   Bourland vs. Pullin.--Archibald Bourland and Jane, his wife, late Jane Jackson.
   James Patton vs. James Cohoon.--Slander. Cohoon said in 1750 Patton had made over all his estate to his children to defraud his creditors, and Patton had no title to the lands he offered for sale on Roanoke and New Rivers. Mandamus issued requiring Court to dismiss the jury from rendering a verdict.

AUGUST, 1754 (B).

   Jackson vs. Mays.--Benjamin Murray, aged 50 years or thereabouts. Ann Murray's deposition.

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   Mary Elizabeth Sally, an infant by John Peter Sally, her father and next friend, vs. Abraham Dungleberry.--Action for breach of promise of marriage. Marriage was to have been performed 15th August, 1753. Decl. filed November, 1753.

NOVEMBER, 1754.

   Purkins vs. Baskins.--Elizabeth Purkins sues Baskins for an assault on her son and servant, one ____ Skillern, and infant 18 years old.
   John Hood, assignee of Andrew Barclay, vs. William McKinlay and Alexander McKinlay.

NOVEMBER, 1754 (B).

   Magdalene Bowyer, late Magdalene Borden and als vs. John Craig.-- Craig's bond to Benjamin Borden. Dated 1752. Suit by Benjamin's executors.

AUGUST, 1754. (C).

   George Lewis vs. Carmichael (John).--James Allison went to Carolina.
   Hall vs. Hamilton.--James Hamilton, of Princeton, Somers County, New Jersey, cordwinder, bond to Francis Hall, of same place, shopkeeper, dated 24th October, 1750. Affidavit of Hall in Frederick County, Virginia, June, 1753. Affidavit in Somerset, New Jersey, May, 1753. Return, "Two of same name, and know not which is the man."
   Alexander and Daniel Campbell vs. Thomas Dove.--Alexander and Daniel of King George County, 1750. Affidavit by Daniel in Frederick County, 1752.
   Risk vs. Bell.--"I, Robert Bell, of Cecil County, Maryland." Bond dated 1750. Process executed 1754, February.

AUGUST, 1755 (A).

   Quarles vs. Thompson.--Captain John Quarles, of King William County. Bond dated 1754.
   Love vs. Steelman.--Deposition of John Donily, aged 78 years, 26th May, 1755.

NOVEMBER, 1755.

   Bohannon vs. Breckinridge.--Robert Breckinridge, debtor to James Bohannon. To my wages, 72 days on the Shawnees expedition which you promised to pay me, sergeant's pay at 1/4 per day, 4, 10, 2.
   Adam Jordan vs. Docherty.--Account 1756.

NOVEMBER, 1755 (B).

   David Bell vs. William Cawthon.--Wm. Cawthon, of Albemarle County. Bond dated 1751.
   Rev. Robert McMurdo vs. William Murray and David Stewart.--Bond witnessed by Alexander Miller, A. M.

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MAY, 1755 (C).

   Thomas Moore and Phebe, his wife, vs. Abraham Smith and Gabriel Pickens.--Phebe, late Phebe Davison. "Phebe Davison, spinster." Bond dated 1751.
   Andrew Lewis vs. John Pickens.--John Pickens had removed himself out of the County, 1754, 21st November.
   George Parks vs. Samuel Harrison.--Attachment. Samuel Harrison is removing himself from the County. 14th March, 1755.

MARCH, 1755.

   Russell vs. Francisco.--There was a patent (5,000 acres) in 15th December, 1733, to Jacob Stover, on Shenando, and this land descended to Jacob, Jr., son and heir of Jacob, Sr., but Jacob, Jr., failed to pay rents, and in 1746 William Russell got an order from the General Court forfeiting same.

MARCH, 1755 (B).

   John Trimble vs. George Moffett.--John Trimble sues George because George charged John had beat and murdered his wife, Mary.
   Grand Jury presentments. 1752. Prison and Court House sufficient.

MAY, 1755.

   Lewis vs. McMarry.--Benjamin Hardin gone to Carolina, 1754.
   Bowyer and wife vs. McKendrick.--John Bowyer and Magdalene, his wife, who was Magdalene Bordin.
   Jacob Miller vs. Jacob Thomas.--Miller bought land in December, 1740, from Nicholas Null, who had bought from Jacob Thomas, who died January, 1752, leaving his only daughter Elizabeth, an infant, his heir-at-law. Samuel Patton vs. Nathan McClure.--Bond dated 1753.
   Many suits by John Pleasants, Jr., of Henrico.
   Many suits by William Thompson, of Hanover.

NOVEMBER, 1755.

   John Green vs. Green.--John Green, of Orange, gent., orator, complains: Some time in 1746, orator's late father, Robert Green, of Orange, purchased of Robert McCoy, late of Augusta, land on Linville's Creek which Robert intended for John and his two brothers, James and Moses Green (they as well as orator, infants). In 1746--February (1747)--McCoy conveyed the land to John, James and Moses. Robert also owned other tracts jointly with Jost Hite and Robert McCoy. Orator has long since come of age, and is in want of part of the lands, but James and Moses are not of age. Bill for partition filed, 1754. Answer of James and Moses by Eleanor Green, their guardian.

MARCH, 1756.

   Robert Harrison vs. Mathew Black.--Plaintiff must have been of age in 1754.

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MARCH, 1756 (A).

   King vs. O'Neal.--Petition as follows: "To the Worshipful Court of Augusta County. The petition of sundry inhabitants of this County by this North Mountain, in Captain Harrison's and Captain Love's Companies, humbly sheweth:
   That your petitioners are daily troubled by John O'Neal, a person of evil fame, who, being ill natured, evil, designing, citigious, wicked man, he often takes occasion to come to the houses of some of your petitioners and then designedly raises and foments disputes with them in which he makes use of the most opprobrious and abuseful words he can invent, and as he is bound to the peace, dares any one to strike him, therefore, should any of us strike or beat him we know not what might be the consequences as we are unacquainted with the law and his usual manner threatens to shoot us if he sees any of us out of our own plantations, that he will do us all the damage he can by killing our horses, cattle, &c., and when reproved of his misbehavior he tells us that if he does any action, be it ever so bad, that he will be cleared by this Court for two pieces of eight. His behavior is such that your petitioners are afraid to leave their families to go about their lawful affairs, not knowing but he may fulfill his threats before our return by killing our wives or children, burning our houses, or doing some other irreparable damage, and, as doubtless your Worships is well acquainted with the behavior of this malicious man, we hope you will take our case into consideration and fall upon some method to hinder him from being guilty of such outrages and irregularities for the future. That we, being subjects to his Majesty and the laws of the Dominion, may be no longer abused by such a person in the above manner, and your petitioners, as in duty bound, shall ever pray.--Daniel Harrison, James Magill, Daniel Smith, John McGarry, Robert Harrison, Gawin Black, John Lonkill, Patrick Cain, Aaron Oliver, (erased), Robert Gray, Henry Smith, Benjamin Kinley, John Smith, John McClewer, Gabriel Pickens, John Hinton and Robert Patterson.
   Scire facias on recognizance, November 8th, 1754. Patrick Cain and Robert Patterson denied signatures. Gawin Black says he has nothing to say vs. John O'Neal, but was over-persuaded by some of the petitioners. O'Neal found guilty.
   Smith vs. McMachen.--Samuel Lockhart declares, 24th September, 1755, that he expects to leave this Colony before next Court. Alexander Sutherland does the same.
   Turk vs. Walker.--Thomas Turk and Margaret, his wife, vs. Moses Walker and Agnes, his wife.

MARCH, 1756 (B).

   Gibbons vs. Brown.--Nicholas Gibbons (bens), Esq., assignee of Ann Grant, complains of Henry Brown, otherwise lately called I Henry Brown, of Mannington, in the County of Salem, in the Western Division of the Province of New Jersey, Yeoman. Bond to Ann Grant, dated 1729, 5th June. Process issued 3d November, 1753, and returned executed, and Henry Brown, Jr., and Isaac Taylor, bail.
   Duglass vs. Harrison.--Letter of Robert McClenachan: "Sir, as his honor the Governor has appointed Colonel Stewart and I to find provisions for

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your Company and Captain Smith's, or any other Rangers in this Country, and 150 Cherokees when they come in, I would desire you would let me know where would be the most convenient place for you to send provisions to and allow a hand to receive the same and give receipt. And what quantity you now stand in need of, for I have sent for what salt will be necessary for salting of the winter provisions.
   Captain Dickinson and his Company met with 9 Indians, and had a small scrimmage, when 1 white man was killed and 1 Indian and 2 small Indian boys belonging to the Cherokees, being captives, were released by our people and are now at Fort Dinwiddie, and Colonel Stewart and I have wrote down this morning to honor the Governor to see what will be done with them. If the 5 Cherokees are not yet gone, that you would x x them of it, perhaps it might exasperate them against our enemies. Your mother and sisters are in good health at present. I wish you good success, and may heaven protect you in all your undertakings, which is the sincere desire of your friend and humble servant.--Robert McClenachan. September 23d, 1755.
   N. B.--Pray fail not in sending an answer immediately.
   (Written on the reverse of a deposition in above mentioned cause.)

   Kirkham vs. John Galbreath.--John Galbreath had left the County in January, 1756.
   Mills, assignee, vs. Robinson.--William Mills complains of George Robinson of Augusta County: On May 22d, 1737, George made his bond to James Cunningham of Lancaster County Pennsylvania. Carpenter conditioned to sell land on Mill Creek to Mills. Bond assigned 12th August, 1745, by James Cunningham of Amilow County.
   Rose's executors vs. Donnolly.--Anne Rose, Alexander Rose, Thomas Fitzhugh and John Rose, executors of Robert Rose, Clerk, complain of John Donnolly. Deposition of Philip Davis says that he was overseer for Robert Rose at a plantation of his on Tye river in Albemarle County, in 1743.
   John Buchanon vs. John and James Allison.--We, John Allison and James Allison, late from the Province of Pennsylvania. Return "not found."
   Charles Julian vs. John Cameron.--John Cameron of Orange County, 1755.

NOVEMBER, 1756 (A).

   Patrick Davis, assignee of John McCapen, vs. Ralph Laverty.--Assignee of John McCapen and Elizabeth, his wife, late Elizabeth Watson. Bond by James Mais, Cooper, and Ralph Laverty, to Elizabeth Watson, dated 7th September, 1747.
   Mills vs. Hamilton--We, William Hamilton and Robert Hamilton, both late of Pennsylvania, yeomen. Bond dated 29th August, 1754.

MAY, 1755 (A).

   Montgomery vs. Hamilton.--John Hamilton, of Mills Creek Hundred, in the County of New Castle on Delaware. Taylor and Moses Hamilton of same place. Carpenter and Alexander Montgomery of same place. Mason bond to Benjamin Swett of New Castle, affirmed tanner, dated 1748. John and Moses returned executors.

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