Difference between revisions of "Complaint, 11 May 1801, of Eskridge v. Gerry"

From Wythepedia: The George Wythe Encyclopedia
Jump to: navigation, search
(Create page)
 
Line 1: Line 1:
From in or about 1801, this manuscript (with the judgement and signature of [[George Wythe]] on the reverse) is bill of complaint for the plaintiff in the case of Eskridge v. Gerry, in the High COurt of Chancery in Virginia.<ref>Private collection.</ref>
+
[[File:BillOfComplaintEskridgeAgainstGerry18May1801P1.jpg|thumb|right|350px|Page one from a bill of complaint in the chancery case of Eskridge against Gerry, c. 1801. Private collection.]]
 +
From in or about 1801, this manuscript (with the judgment and signature of [[George Wythe]] on the reverse) is bill of complaint for the plaintiff in the case of Eskridge v. Gerry, in the High Court of Chancery in Virginia.<ref>Private collection.</ref>
  
==Manuscript text, ~18 May 1801==
+
[[wikipedia:Hugh Holmes (Virginia politician)|Hugh Holmes]] (1768 &ndash; 1825) writes for the plaintiff, William Eskridge, complaining that a title bond for 211 acres in [[wikipedia:Hampshire County, West Virginia|Hampshire County]] (in what is now West Virginia), which was not returned to him by one Loyd Gerry from a contract made about 1785-1786 (involving another tract of 405 acres), and asking that the defendant produce receipts or other evidence before proceeding in a case against Eskridge.
 +
 
 +
Statements made by Eskridge are attested to by one Dr. Cornelius Baldwin, justice of the peace for [[wikipedia:Frederick County, Virginia|Frederick County]], Virginia. Baldwin was formerly a surgeon for [[wikipedia:8th Virginia Regiment|8th Virginia Regiment]] during the Revolutionary War.
 +
 
 +
==Manuscript text, <18 May 1801==
 
===Page 1===
 
===Page 1===
  
Line 7: Line 12:
 
To the Honble George Wythe Chancellor of Virginia respectfully complaining Sheweth unto your honor his orator William Eskridge
 
To the Honble George Wythe Chancellor of Virginia respectfully complaining Sheweth unto your honor his orator William Eskridge
  
That some time in or about the year 1785 or 1786 a certain Loyd Gerry Df.<sup>t</sup> herein after named bargained with your Orator for a certain tract of land lying in Hampshire County on North River containing four hundred & five acres for the sum of one hundred and twenty pounds Virgin.<sup>a</sup> Cur.<sup>y</sup> whereof your Orator then rec.<sup>d</sup> the sum of &pound;35 or &pound;40 or there abouts and afterwards about the year 1787 received a further sum of &pound;15. &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; and your orator further sheweth about the year 1788 the Df.<sup>t</sup> came to your Orator and told him that he had been disappointed in procuring one Edmund Wayman to join him in the purchase of said 405 acres of land and consequently was unable to perform the contract by paying the balance. Your Orator then told him that he held a patent for 211 acres lying on the Waters of Cabbin run in Hampshire County &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; and that he would agree to convey that land instead of the 405 acres to the Dft and he might go and look at it first. This 211 acres was valued at the sum already paid your Orator accordingly your Orator papred [?] a bond for the Conveyance of said 211 acres to said Df.<sup>t</sup>, gave him the patent and he went to Hampshire to view the land returned in some short time & said he did not like it and returned the patent, but your Orator thro neglect forgot to demand the said title bond. Your Orator then observed to Df.<sup>t</sup> that as he was apoor man, as he had paid your Orator about &pound;50, and as he could not procure Wayman to join him in the purchase he, your Orator would convey unto Df.<sup>t</sup> the 405 acres upon the paym.<sup>t</sup> of &pound;10 and your Orator & Wife did convey said 405 acres pursuant to contract and that Df.<sup>t</sup> was present when the conveyance was executed. But not so it is the said Df.<sup>t</sup> hath after an acquiescence of six or seven years brought a suit upon the bond of conveyance for 211 acres as afores.<sup>d</sup> which ought to have been delivered up to your Orator and recovered a Judg.<sup>t</sup> law in the county court of Fred<sup>R</sup> where your Orator could not unfold the ease in evidence as in
+
That some time in or about the year 1785 or 1786 a certain Loyd Gerry Df.<sup>t</sup> herein after named bargained with your Orator for a certain tract of land lying in Hampshire County on North River containing four hundred &amp; five acres for the sum of one hundred and twenty pounds Virgin.<sup>a</sup> Cur.<sup>y</sup> whereof your Orator then rec.<sup>d</sup> the sum of &pound;35 or &pound;40 or there abouts and afterwards about the year 1787 received a further sum of &pound;15. &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; and your orator further sheweth about the year 1788 the Df.<sup>t</sup> came to your Orator and told him that he had been disappointed in procuring one Edmund Wayman to join him in the purchase of said 405 acres of land and consequently was unable to perform the contract by paying the balance. Your Orator then told him that he held a patent for 211 acres lying on the Waters of Cabbin run in Hampshire County &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; and that he would agree to convey that land instead of the 405 acres to the Df.<sup>t</sup> and he might go and look at it first. This 211 acres was valued at the sum already paid your Orator accordingly your Orator papred [?] a bond for the Conveyance of said 211 acres to said Df.<sup>t</sup>, gave him the patent and he went to Hampshire to view the land returned in some short time &amp; said he did not like it and returned the patent, but your Orator thro neglect forgot to demand the said title bond. Your Orator then observed to Df.<sup>t</sup> that as he was a poor man, as he had paid your Orator about &pound;50, and as he could not procure Wayman to join him in the purchase he, your Orator would convey unto Df.<sup>t</sup> the 405 acres upon the paym.<sup>t</sup> of &pound;10 and your Orator &amp; Wife did convey said 405 acres pursuant to contract and that Df.<sup>t</sup> was present when the conveyance was executed. But not so it is the said Df.<sup>t</sup> hath after an acquiescence of six or seven years brought a suit upon the bond of conveyance for 211 acres as afores.<sup>d</sup> which ought to have been delivered up to your Orator and recovered a Judg.<sup>t</sup> law in the county court of Fred<sup>R</sup> where your Orator could not unfold the ease in evidence as in
  
 
</blockquote>
 
</blockquote>
Line 13: Line 18:
 
===Page 2===
 
===Page 2===
  
 +
[[File:BillOfComplaintEskridgeAgainstGerry18May1801P2.jpg|thumb|right|350px|Page two from a complaint in the case of Eskridge v. Gerry, c. 1801. Private collection.]]
 
<blockquote>
 
<blockquote>
this court he will be enabled to do. To the end therefore that the Df.<sup>t</sup> may answer the promises upon Oaths and particularly how many receipts did your Orator pass for monies? Where are those receipts? If they are pretended to be lost? by what accident and what was their tenor? did they not specify that so much money was paid towards the 405 acre tract? And the Df.<sup>t</sup> may be compelled to produce those receipts and enjoined from all further proceedings at Law until the matter can be heard in equity & that he may have such other relief as unto the Court may seem Meet.
+
this court he will be enabled to do. To the end therefore that the Df.<sup>t</sup> may answer the promises upon Oaths and particularly how many receipts did your Orator pass for monies? Where are those receipts? If they are pretended to be lost? by what accident and what was their tenor? did they not specify that so much money was paid towards the 405 acre tract? And the Df.<sup>t</sup> may be compelled to produce those receipts and enjoined from all further proceedings at Law until the matter can be heard in equity &amp; that he may have such other relief as unto the Court may seem Meet.
  
 
May it please &c
 
May it please &c
Line 30: Line 36:
 
G. Wythe.
 
G. Wythe.
 
</blockquote>
 
</blockquote>
 +
[[File:BillOfComplaintEskridgeAgainstGerry18May1801Signature.jpg|thumb|center|500px|Detail of Wythe's judgment in the case, and signature, May 18, 1801. Private collection.]]
  
 
==See also==
 
==See also==

Revision as of 13:58, 15 April 2021

File:BillOfComplaintEskridgeAgainstGerry18May1801P1.jpg
Page one from a bill of complaint in the chancery case of Eskridge against Gerry, c. 1801. Private collection.

From in or about 1801, this manuscript (with the judgment and signature of George Wythe on the reverse) is bill of complaint for the plaintiff in the case of Eskridge v. Gerry, in the High Court of Chancery in Virginia.[1]

Hugh Holmes (1768 – 1825) writes for the plaintiff, William Eskridge, complaining that a title bond for 211 acres in Hampshire County (in what is now West Virginia), which was not returned to him by one Loyd Gerry from a contract made about 1785-1786 (involving another tract of 405 acres), and asking that the defendant produce receipts or other evidence before proceeding in a case against Eskridge.

Statements made by Eskridge are attested to by one Dr. Cornelius Baldwin, justice of the peace for Frederick County, Virginia. Baldwin was formerly a surgeon for 8th Virginia Regiment during the Revolutionary War.

Manuscript text, <18 May 1801

Page 1

To the Honble George Wythe Chancellor of Virginia respectfully complaining Sheweth unto your honor his orator William Eskridge

That some time in or about the year 1785 or 1786 a certain Loyd Gerry Df.t herein after named bargained with your Orator for a certain tract of land lying in Hampshire County on North River containing four hundred & five acres for the sum of one hundred and twenty pounds Virgin.a Cur.y whereof your Orator then rec.d the sum of £35 or £40 or there abouts and afterwards about the year 1787 received a further sum of £15.            and your orator further sheweth about the year 1788 the Df.t came to your Orator and told him that he had been disappointed in procuring one Edmund Wayman to join him in the purchase of said 405 acres of land and consequently was unable to perform the contract by paying the balance. Your Orator then told him that he held a patent for 211 acres lying on the Waters of Cabbin run in Hampshire County            and that he would agree to convey that land instead of the 405 acres to the Df.t and he might go and look at it first. This 211 acres was valued at the sum already paid your Orator accordingly your Orator papred [?] a bond for the Conveyance of said 211 acres to said Df.t, gave him the patent and he went to Hampshire to view the land returned in some short time & said he did not like it and returned the patent, but your Orator thro neglect forgot to demand the said title bond. Your Orator then observed to Df.t that as he was a poor man, as he had paid your Orator about £50, and as he could not procure Wayman to join him in the purchase he, your Orator would convey unto Df.t the 405 acres upon the paym.t of £10 and your Orator & Wife did convey said 405 acres pursuant to contract and that Df.t was present when the conveyance was executed. But not so it is the said Df.t hath after an acquiescence of six or seven years brought a suit upon the bond of conveyance for 211 acres as afores.d which ought to have been delivered up to your Orator and recovered a Judg.t law in the county court of FredR where your Orator could not unfold the ease in evidence as in

Page 2

File:BillOfComplaintEskridgeAgainstGerry18May1801P2.jpg
Page two from a complaint in the case of Eskridge v. Gerry, c. 1801. Private collection.

this court he will be enabled to do. To the end therefore that the Df.t may answer the promises upon Oaths and particularly how many receipts did your Orator pass for monies? Where are those receipts? If they are pretended to be lost? by what accident and what was their tenor? did they not specify that so much money was paid towards the 405 acre tract? And the Df.t may be compelled to produce those receipts and enjoined from all further proceedings at Law until the matter can be heard in equity & that he may have such other relief as unto the Court may seem Meet.

May it please &c

Holmes P.L.

FredR [?]

William Eskridge made Oath before me a justice of the peace for the said county that the facts stated in this bill of complaint are true as far as they come within his knowledge and those stated from the information of others he believes to be true [???] my hand this 11th day of May 1801.

Corn.ls Baldwin

The injunction is awarded on usual terms 18 of may 1801,

G. Wythe.

File:BillOfComplaintEskridgeAgainstGerry18May1801Signature.jpg
Detail of Wythe's judgment in the case, and signature, May 18, 1801. Private collection.

See also

References

  1. Private collection.

External links