Difference between revisions of "Legal Form Book of Peter Tinsley"

Latest revision as of 12:32, 22 July 2024

Page one of the legal form book of Peter Tinsley, clerk of the High Court of Chancery, George Wythe Papers, Special Collections Research Center, Swem Library, College of William and Mary.

Peter Tinsley served as George Wythe's clerk while Wythe presided over the High Court of Chancery. As clerk, Tinsley compiled a collection of forms for the various documents that the court would need to issue. This collection, referred to as Tinsley's "form book"^[1], was intended to save time and labor by providing a repository of model language so that the clerk would not have to start from scratch every time the court needed to issue a document. This book may also have served a related (whether intentional or incidental) purpose of standardizing the language of documents issued by the court so that court documents were consistent. The court also used pre-printed forms.

The last sample date used in the forms is 1803, so the book was probably compiled in the late eighteenth to early nineteenth century. The forms are divided into eight sections, plus an index:

Forms of Injunctions

An injunction orders a party to act (or refrain from acting) in a certain way. These form injunctions generally address situations in which the court needed to stop a party "from further proceeding on a judgment." For example, one form in this section is the plain "Injunction to a Judgment on a forthcoming bond." Many of the forms appear to be derivative of this one, with subtle differences. They differ in length, the location of the court, the parties involved, the amount of bond required, and probably other respects more readily apparent to the careful eye of Tinsley. There are forms for situations involving "part of a judgment" or "8 years interest [on a judgment]" or "[a] Judg[ment] [that] was affirmed on an appeal" or "a Judg[ment] [o]btained by assignee," or "Judgments obtained in different ~ Courts." It is clear that Tinsley wanted to have several examples to choose from. He must have appreciated the subtle differences in the seemingly similar cases that came before the court. Other highlights from this section include a form to direct a trustee to refrain from selling certain property, and another to direct an official ("the Sergeant of the City of Richmond") not to seize or liquidate certain property. No matter the details of the next injunction that the court needed to issue; Tinsley probably had a form that was at least close to it.

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Forms of Injunctions The Commonwealth of Virginia to the Sheriff of            County Greeting: You are hereby commanded to summon James Ritchie, to appear before the Judge of the High Court of Chancery of the Capitol in the City of Richmond on the 17.th day of the next term to answer a bill in Chancery exhibited against him by Edward Digges: and this he shall in no wise omit under the penalty of £100 and have then there this writ: Witness George Wythe judge of our said Court of Richmond this 10.th Day of June 1802, and in the 26.th year of the Commonwealth. Tinsley C,C

Subpoena.

To injoin the defendants their agents, attornies and all others concerned from further proceeding on a judgment obtained by the defendant James Dunlop exor of Thomas Montgomery who was assignee of William Ransdell against the plaintiff in the district court of Dumfries as to the sum now appearing by the said judgment to be due, until the further order of this Court. But the effect of this injunction is to be suspended until the plaintiff enters into bond with sufficient security in the Clerks office of the said district Court in a penalty equal to double the money hereby injoined and until he also files with the said Clerk, or with the Clerk of this Court, a release of all errors at law in the said judgment proceedings P. Tinsley C,C Memo             If the release of errors be filed with the Clerk of the district aforesaid a copy thereof is to be certified to this court P. Tinsley C,C

Injunction to part of a judgment obt.a by assignees

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Injunction to a Judgt. Deputy Shff and his securities	To injoin &c. from proceeding on a judgment obtained by the defendant W.C. against the plaintiff and the Securities for the faithful execution of his office as deputy Sheriff as to £10 until &c. ____________
Injunction to a judgment on forthcoming bond	To injoin &c. from proceeding on a judgment obtained by the defendant J.M against the plaintiff C.D. in the district court of Dumfries on a bond given for the forthcoming of property at the day of sale on an execution sued out of the Clerks Office of the said district court on a judgment obtained therein by the said defendant J.M against the plaintiff J.S until &c. ____________
Injunction to a Judgt. on a forthcoming bond vs[?] Plt and the securities for the delivery of the property at the day of sale.	To injoin &c. from proceeding on a judgment obtained by the deft against the plaintiffs J.C and S.C in the district court of Dumfries on a bond given for the forthcoming of property at the day of sale on an execution sued out of the Clerks office of the said district court on a judgment thereon obtained by the deft vs[?] the plt H.T until the further order of this Court. P.T. C,C ____________
Injunction to a Judgt. on a forthcoming bond as to 8 years interest	To injoin &c. from further proceeding on a judgment obtained by the deft against the plaintiff on a bond given for the forthcoming of property at the day of sale, upon an execution sued out of the Clerks office of the district court of Dumfries on a judgment obtained thereon by the defendant against the plaintiff as to so much of said first mentioned judgment as is equal to eight years interest on the principal money recovered by the last mentioned Judgt. until &c. P.T. C,C ____________
Injunction to a Judgt. on a forthcoming bond which Judgt. was affirmed on an appeal to the Dt. Ct. of C.	To injoin &c. from further proceeding on a judgment obtained by the defendant against the plaintiff and others in the district Court of

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of Charlottesville affirming a judgment of the County Court of Albemarle rendered on a bond given for the forthcoming of property at the day of sale upon an execution sued out of the Clerks Office of the said County Court on a judgment obtained therein by the defendant as assignee of S.C against the admons of C.S. deceased until the further order of this court: But the effect of this injunction is to be suspended until the plaintiff enters into bond with sufficient security in the Clerks Office of the said district court in a penalty equal to double the money recovered by the judgment first mentioned with such condition as the law requires; and until he and the said W.S.H. also file with the said Clerk of the district Court or with the Clerk of this Court a release of all errors at law in the said judgment and proceedings P.T. C,C ____________
To injoin &c. from further proceeding on the execution now in the Sheriffs hands of Fluvanna in favor of William Adams and others against Richard Cocke until the further order of this court: But the effect of this injunction is to be suspended until the plt: B.R enters into bond with sufficient security in the Clerks office of the respective Courts in which the judgments on which the said executions were rendered in penalties equal to double &c. P.T. C,C ____________	Injunction to executions now in the Shffs hands.
To injoin the defendant his agents attornies and all others concerned from further proceeding on a judgment obtained by the defendant against the plaintiff in the county Court of Goochland also on a bond ____________	Injunction to a Judgt. and to a bond given in virtue of an exon sued out on the said Judgm.t

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	bond given for the forthcoming of property at the day of sale upon an execution sued out of the said County Court on the judgment aforesaid, until the further order of this Court, but the effect of this Subpoena is to be suspended until the plaintiff enters into bond with sufficient security in the Clerks office of the said County Court in the penalty of two hundred and twenty pounds with such condition as the law requires, and until he also files with the said Clerk or with the Clerk of this court a release of all errors in the said judgment &c. proceedings P.T. C,C ____________
In the case of a review where the decree reviewed is not final.	Virginia                        In the High Court of Chancery                         Between A.E. . . . . . . . . . . . . . . plaintiff                                                             } and C.D. . . . . . . . . . . . . . defendant             The plaintiff by leave of the Judge of the said court is allowed to file a bill for reviewing the decree and proceedings in the suit between A.E. plaintiff and C.D. defendant, and having filed the same accordingly, the commissioners appointed for performing the said decree which was pronounced on the day of            are hereby to suspend all proceedings on the said decree until the further order of the said H.C.C. P.T. C,C ____________
Surveyors fees Sergeant inhibited from proceeding to distrain.	To inhibit the Sergeant of the City of Richmond from proceeding to distrain the property of the plaintiff to satisfy the tickets put into his the said Sergeants hands by the defendant Edward Jackson for fees said to be due him as surveyor of Randolph County from the plaintiff for services performed in the years one thousand seven hundred and ninety five and 1796, amounting to $908 and 66 until

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until the further order of this Court. P.T. C,C ____________
To inhibit the defendant R.K. until the further order of this court from proceeding to sell more of the property conveyed to him in trust by the plaintiff Rice N. by Indenture bearing date the 29.th of March 1800 to secure the payment of a debt due by him the said R.N. to Robert Haslie and others surviving partners of B.H. & Co. than may be sufficient to raise so much of the debt intended to be secured by the said indenture as shall remain after deduction therefrom of one hundred and forty nine pounds 13/5 with interest thereon from the 25.th day of July 1799. P.T. C,C ____________	Trustee inhibited from proceeding to sell trust property.
To injoin &c. from further proceeding on a judgment obtained by the defendants J.D. &c. exors of T.M who was was assignee of W.R. against the plaintiff in the district Court of Dumfries as to the sum now appearing by the said judgment to be due: until the further order of this court. But the effect of this injunction is to be suspended until the plaintiff enters into bond with sufficient security in the Clerks Office of the said district court in a penalty equal to double the money hereby injoined and until he also files the said Clerk or with the Clerk of this Court a release of all errors of law in the said judgment and proceedings. P.T. C,C ____________	Injunction to part of a Judgt. Obtained by assignee.
To injoin &c. from further proceedings on a judgment obtained by the defendants J.L. and J.L. exors of F.L. deceased against the plaintiff in the district court of Fredericksburg until the last day of this month, and no longer, upon condition that the goods	Injunction to continue to the end of such a period then to cease unless cause be shown to the contrary after giving notice to the deft. as required

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	goods and chattels taken or to be taken, in execution be suffered to remain under the Officers power, to the end that in the mean time, the defendants to whom the plaintiff is required to give reasonable notice of this motion may attend the Judge of the high court of Chancery personally or by counsil for the purpose of opposing it if they will and that if the injunction be not continued, the creditors may not be longer delayed. P.T. C,C ____________
Injunction to a Judgt. and to two others to be confessed in the actions now depending in              court.	To injoin &c. from further proceeding on a judgment obtained by the defendant of the plaintiff in the district court of ~ Winchester, until the further order of this court: But the effect of this injunction is to be suspended until the plaintiff enters into bond with sufficient security in the Clerks office of the said district court in a penalty equal to double the money recovered by the said judgment with such condition as the law requires and until he also files a release of errors. &c. (from) And upon the plaintiffs confessing judgments in the two actions commenced against him by the defendant and now depending in the said district Court, and entering into like bond in a penalty equal to double the money recovered by the judgments so to be confessed: and moreover filing with the said Clerk, or with the Clerk of this court, a release of all errors at law in the said ~ judgments and proceedings, the defendant, his agents, attornies & all others concerned, are hereby injoined from further proceeding on the said judgments until the further order of this court. P.T. C,C ____________
Injunction to two Judgments specifying the sums injoined.	To injoin &c. from further proceeding on two judgments obtained by the defendants against the plaintiffs in the district court of T one

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one for £112 10 with interest from the 1.st day of April 1792. and costs and the other for £120 17 6 ¼ with interest from the 1.st day of April 92, and costs, until the further order of this court, but the effect of this injunction is to be suspended until the plaintiff enters into bond with sufficient security in the Clerks office of the said district court in a penalty equal to double the money recovered by the said judgments with such condition as the law requires: and until he also files with the said Clerk or with the Clerk of this court a release of all errors of law in the said judgments and proceedings. P.T. C,C ____________
To inhibit the commrs. from proceeding to make sale of the eight hundred acres of land mentioned in the complainants bill it being part of the land mortgaged by John P.P. to J.B. by indenture bearing date the 8.th day of September 1787, for the foreclosure of which said mortgage a decree was made on the 22d day of May 1801, in a suit in the high Court of Chancery between the said J.B. plaintiff and M. Posey defendant, until the further order &c. but the effect &c. penalty of the bond to be directed by the Judge. Memo. The Clerk of the said County Court is directed to transmit to this court the bond to be taken in pursuance of the above injunction. ____________	Commissioners inhibited from proceeding to sell land.
To injoin &c. from further proceeding on two judgments one obtained by the defendant J.M. against the plaintiff in the district court of B and the other against him as Garnishee of the defendant F.G. in	Injunctions to Jugdmt. obtained vs the plt. in different characters and in different Courts.

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	in the County Court of Brunswick, until the further order of this court: but the effect of this injunction is to be suspended until the plaintiff enters into bonds in the Clerks office of the said county and district courts in a penalty equal to double the amount of the said judgments, and until he also files with the said Clerks a release of all errors at law in the said judgments and proceedings. P.T. C,C ____________
Upon plaintiffs confessing Judgt. Injunction awarded.	Fontaine Maury against John Proudfit Upon the plaintiffs confessing judgment in the action commenced against him in the County Court of Spotsylvania by the ~ defendant for the debt and interest sought thereby to be recovered and entering into bond with sufficient security in the Clerks office of the said County Court in a penalty equal to double the amount due by the said judgment with such condition as the law requires in cases of injunctions, and moreover filing with the said Clerk or with the Clerk of this Court, a release of all errors of law in the said judgment and proceedings; the defendant his agents &c. are hereby injoined from proceeding on the said judgment until the further order of court. P.T. C,C ____________
Injunction from further proceeding on a forthcoming bond.	To injoin &c. from proceeding on a bond given for the forthcoming of property at the day of sale upon an execution sued out of the county Court of Gloucester on a judgment obtained in the said court by W.D. assignee &c. of S.C who was assignee of J.H. against the plaintiff, until the further order of this Court; but the effect of this injunction is to be suspended until the plaintiff enters into bond with sufficient security in the Clerks office of the said county court

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court in a penalty equal to double the money appearing to be due by the said bond, with such condition as the law requires, and until he also files with the Clerk of the said Court, or with the Clerk of this Court a release of all errors in the said judgment and proceedings P.T. C,C ____________
To injoin &c. from further proceeding on two judgments obtained by the defendants G&c.F.T &c. assignee of C.M.&c. against the plaintiff one in the county Court of Norfolk, and the other in the district court of Suffolk, until the further order of this Court; but the effect of this injunction is to be suspended ~ until the plaintiff enters into bond in the Clerks office of the said respective Courts with sufficient security in penalties equal to double the money recovered by each of the said Judg.ts with such condition as the law requires; and until he also files with the Clerks of the said Courts a release of all errors of law in the said Judgments and proceedings P.T. C,C ____________	Injunction to two Judgments obtained in different ~ Courts
To injoin &c. from further proceeding on two judgments obtained by the defendant against the plaintiff in the district court of New London, one for the 104 pounds 10/-[2] with interest from the 9.th day of January 1794, till payment and the Costs, the other for 131 pounds 1/- with interest from the same period till payment and costs, until the further order of this court: but the effect of this injunction is to be suspended, until the plaintiffs enter into bond with sufficient security in the Clerks office of the said district court in a penalty equal to double the money recovered by the said judgments with such condition as the law requires; and until they also file with the said Clerk, or with the clerk of this court a release of all errors at law in the said judgments and proceedings P.T. CC ____________	Injunction to two Judgments sums recovered by the said Judgments specified.

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Forms of Orders

Court orders often involve decisions on motions. One such motion is a "demurrer," which asks the court to dismiss the case because it is fatally flawed in that the facts alleged provide no legal basis for relief. Tinsey had three forms dealing with demurrers. All three were for overruling demurrers, which would be used when the court decided that there was a legal basis for relief. All three forms direct the defendant (the party who brought the motion and lost) to pay for the plaintiff's costs related to the demurrer. Perhaps more interesting are the multiple orders dealing with parties who were out of the country, referred to as "absentees." In at least three of these forms, it appears that the plaintiff was awarded land belonging to a defendant who had left the young nation, perhaps because the defendant had been a British loyalists. As the fighting came to an end and the British were leaving the former colonies, "up to tens of thousands of loyalists sometimes went with the retreating army to Britain and other parts of the British Empire." ^[3] These forms may indicate that George Wythe heard cases where British Loyalists lost their land by default. Some forms in the second section contain unfamiliar terms like "fieri facias," a court document that instructs a sheriff to seize and sell a defendant's property in order to satisfy a monetary judgment against the defendant." ^[4] Then there is the "Scire Facias," which is "a writ, founded on a record, requiring the person against whom it is issued to appear and show cause why the record should not be enforced or annulled."^[5]

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Forms of Orders. Anthony Thornton and Mary his wife . . . . plaintiffs       against                                                                      } Graham Franks and others . . . . . . . . . defendants             The demurrer put in to the bill of the plaintiffs by the defendants Francis Gaines and Frances his wife was this twentieth day of March, in the year of our lord, one thousand seven hundred and ninety three, argued by counsil and ~ overruled by the Court, and therefore the court doth order these defendants to answer the said bill, and to pay to the plaintiffs their costs occasioned by the demurrer: and doth further order that the defendant Zachariah Shackleford, do make up an account of his administration of the estate of Richard Shackleford deceased, and also an account of the estate of Philip Rootes exor of Philip Rootes deceased and of the testator Philip Rootes which came to his hands; and with the consent of defendants Francis Gaines and Frances his wife by their counsil It is ordered that they do also render an account of the portion of the said estates which came to their hands, which accounts are to be made up before master commissioner Hay, who is directed to examine state and settle the same and make report thereof to the Court with such matters specially as he may think pertinent or as the parties may require ____________

Order overruling Demurrer and directing account.

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Plea to stand as an answer and leave given the deft to put in a further answer

William Thornton Alexander . . . . plaintiff       against                                                       } Patrick Maury . . . . . . . . . . . . . defendant              The plea of the defendant, put into the bill of the Plt came on, this twenty third day of September, in the year of our Lord, one thousand seven hundred and ninety three, to be argued by counsil, and the court doth direct the said plea to stand for an answer, and doth give leave to the defendant further to answer the bill of the plaintiff. ____________

Decree for partition and allotment and report to be made

Jesse Curd and others . . . . . . . . plaintiffs       against                                                        } Suzanna Ellis and others . . . . defendants              This cause, by consent of parties, came on, this fifteenth day of September, in the year of our lord, one thousand seven hundred and ninety five, to be heard on the bill and answers and the decree of the county court of Goochland in chancery, in a cause wherein the said Susanna Ellis widow and the present plaintiffs were plaintiffs and the said Samuel Woodson was defendant, and was argued by counsil; on consideration whereof the court doth appoint Miles Seldon, Nath.e Wilkinson, Daniel L. Hylton and William Price commissioners of whom any two or more may act, to assign to the said ~ Susanna the widow, her dower of the lands and slaves whereof John Ellis the father was seized and possessed at the times of his death, including in such lands the twenty five acres of Wood land mentioned in the said decree, of the County court of Goochland, and make partition of all the said lands and slaves subject to the said

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said dower, among the children of the said John Ellis to be holden by them in coparcenery, and do also distribute the personal estate of the said John Ellis amongst his window and children, allotting one third part thereof to her, and that the defendant, Samuel Woodson, do convey the inheritance of the said twenty five acres of land after the confirmation of the report, to that plaintiff within the limits of whose property the same shall be; and that the said acting commissioners report the partition and distribution to the Court. ____________

Overton Cosby and other . . . . . . . . . . . . . . . . . appellants       against                                                                              } Gilbert Currell executer of Henry Currell . . . . . . . . appellee             This cause an appeal from a decree of Lancaster County Court in chancery pronounced, the twenty first day of may in the last year, by which an injunction to a judgment recovered by the appellants against the appellee was made perpetual, came on the nineteenth day of September, in the year of our lord one thousand seven hundred and ninety four, to be heard on a transcript of the record of proceedings before the County Court and was argued by council; on behalf of the appellants no counsil appearing on behalf of the appellee; on consideration whereof this court is of opinion that before any decree was made in this cause an issue between the appellee and the appellant Overton Cosby who is executer of his copartner James Mills ought to have been made up and tried in order to determine whether that testator had received from the testator of the appellee the pine plank ~ mentioned

Cause remitted to the County court. Issue to be made up between the parties to try certain facts.

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	mentioned in the bill to been sold and delivered, or any other articles sold and delivered, or payments made to the said James Mills, for which just credits had not been given, and to ascertain the value of such articles and payments, if not credited, and therefore this court doth remit the cause to the County Court, to the end, that such issue, may there be directed, made up and tried, and that the said Court may proceed to compel execution of the said decree, or setting it aside make such other decree as the verdict to be found ~ upon trial of the issue shall justify: and this court doth award that the appellee do pay unto the appellants the costs expended by them in prosecuting their appeal all which is ordered and decreed accordingly. ____________
Upon a motion to dissolve the Inj.n leave given the deft: to plead to the declaration on which Judgm.t was rendered. Verdict to be certified to this Court:	Bradley and others . . . . . . . . . . . . . . . plaintiffs       and                                                                   } Mitchell . . . . . . . . . . . . . . . . . . . . . . . defendant             Upon a motion made the 29th day of May in the year of our lord 1797, by the counsil for the defendant to dissolve the injunction obtained by the plaintiffs to stay execution of a judgment recovered against them by the defendant in the district court Wmsburg, The court doth give leave to the plaintiffs to appear and set aside the said judgment by putting in such plea as they shall be advised to the declaration on which the same was rendered, and doth order that the verdict upon trial of the issue which may thereupon be made up be certified to this court. ____________
Order recommitting Report.	Cary . . . . . . . . . . . . . . . . . . . plaintiffs       against                                                    } Herbert and others . . . . . . . . defendant             The report pursuant to the order made in this cause on

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on the 5.th day of June 1795, is this 15.th day of September, in the year of our lord, one thousand seven hundred and ninety eight, for reasons appearing to the Court, recommitted to master Commissioner Keith for him to consider the same with the exceptions thereunto put in by the plaintiff and to report thereupon. ____________
Gordon . . . . . . . . . . . . . . . . . appellant       against                                                  } Robertson and others . . . . . . . appellees             The court this 12.th day of September, in the year of our lord, 1798, doth recommit to master commissioner Rose the report made by him in this cause by virtue of the order of the 11.th day of march, in the year 1794 for him to reconsider and report thereupon. ____________	Order recommitting Report
Ross . . . . . . . . . . . . appellant       against                                   } Leonard . . . . . . . . . appellee             By consent of the parties by their counsil, the issue directed by the order made in this cause on the 19.th day of march, 1794 to be made up between the parties and tried before the district court of Richmond, and in which no verdict has been found is directed to be tried before the Hustings Court of the said City. ____________	Order changing Venue.
Williamson and others . . . . . . appellants       against                                                   } Bailey . . . . . . . . . . . . . . . . . . appellee             This cause an appeal from a decree of the county court of	Decree of affirmation on an appeal.

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of Henrico in Chancery pronounced the 5.th day of November, in the year of our lord 1793, came on, the first day of June, in the year 1796, to be heard on a transcript of the record of proceedings before the said county court, and was argued by counsil: on consideration: whereof this court being of opinion that no error is in the said decree by which the testator of the appellants was decreed to pay unto the appellee £ 32 16 3 and his costs, doth affirm the same, as it is accordingly hereby affirmed, and adjudges, order and decree, that the appellants out of the estate in their hands to be administered of their testator do pay into the appellee the costs expended by him in defending the appeal. ____________

Decree reversed cause remitted to the County Court to be there further proceeded in.

Langhorn and others . . . . . . . . . . . . . appellants       against                                                                 } Curle . . . . . . . . . . . . . . . . . . . . . . . . . . . appellee           This cause an appeal from a decree of Elizabeth City county Court in Chancery pronounced, the 27.th day of August, in the year of our lord 1795, by which the bill of the plaintiffs was dismissed came on the 15.th day of September, in the year 1796, to be heard on a transcript of the proceedings before the County Court and was ~ argued by counsil: on consideration whereof this court is of opinion that the said decree is erroneous because the allotment of dower to the appellee in the bill and answer mentioned made during the minority of Wilson Curle was not binding and therefore this court doth ~ reverse the said decree, as it is accordingly hereby reversed, and order that the appellee do pay unto the appellants the costs expended by them in prosecuting their appeal, and doth remit the cause to the said

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said county court, to the end that the said Court may procede further therein. ____________
Ross . . . . . . . . . . . . . . . . . . . plaintiff       against                                                     } Dennis and others . . . . . . . . . . . appellees             This cause an appeal from a decree of the County Court of Amelia in Chancery, pronounced the 29.th day of September in the year 1796 to be heard on a transcript of the record of proceedings before the County Court, and the petition of appeal and was argued by counsil, on behalf of the appellant, no counsil appearing on behalf of the appellees: on consideration whereof this Court being of opinion that the decree of the county Court, by which an injunction obtained by the appellees to stay execution of a Judgment in an action of common law recovered against them by the appellant was made perpetual and he was condemned to pay the costs is erroneous, doth reverse the said decree and adjudge, order and decree, that the bill of the appellees praying the said Injunction be dismissed, as it is accordingly hereby dismissed, and that the appellees do pay unto the appellant, the costs expended by him as well in his defense in the county Court, as in the prosecution of his appeal. ____________	Decree of the County Court reversed and bill dismissed with costs &c.
Valentine . . . . . . . . . plaintiff       against                                    } Calvert . . . . . . . . . . . defendant             This cause came on this 26.th day of September in the year of our lord 1796, to be heard on the bill and plea of the defendant ~ thereunto, and was argued by counsil: on consideration whereof the court doth order the said plea to stand for an answer. ____________	Plea to stand for an answer

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Report confirmed Injunction dissolved in part and made perpetual as to the residue

Randolph . . . . . . . . . plaintiff       and                                                } Sheppard . . . . . . . . . . . defendant             This cause by consent of parties, came on, this 28.th day of May in the year of our Lord 1798, to be heard on the bills, answer, exhibits and report of the commissioner pursuant to the order of the 19.th day of March last and was argued by counsil: on consideration whereof the court confirming the said report to which no exception was taken, doth adjudge, order and decree, that the injunction obtained by the plaintiff to stay execution of a Judgment recovered against him by the defendant in the district Court of Richmond, be dissolved as to one hundred and sixty pounds 15/4[6] part of the money recovered by the said Judgment with Interest thereupon from the 15.th day of May 1796, and also as to so much more as is equal to the Costs expended by the defendant in defending this suit, and be perpetual as to the residue. ____________

Upon a motion to dissolve Injunction Issue directed &c.

Fulgham . . . . . . . . . plaintiff       against                                          } Lightfoot . . . . . . . . . . . defendant             Upon a motion made this 18.th day of May in the year of our Lord 1798, by the Counsil for the defendant to dissolve the Injunction obtained by the plaintiff to stay execution of a Judgment recovered against him by the defendant in the County Court of Isle of Wight, the Court after hearing counsil in opposition to the motion doth order that another trial of the ~ Issue in the action at common law, upon which the said Judgment was rendered be tried before the district Court of Williamsburg, for which purpose a ~ transcript of the record of proceedings before the said County Court is directed to be transmitted by the Clerk thereof, to the Clerk of the said district Court, as the costs of the present plaintiff: and that the verdict to be found upon such other trial to be certified to this Court. ____________

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Cabell . . . . . . . . . . . . . . . plaintiff       against                                          } Cooper &c . . . . . . . . . . . defendant             This cause came on, this 21.st day of September in the year of our Lord 1798, to be heard on the bill, answer, exhibits and examinations of witnesses, and was argued by counsil: on consideration whereof the Court doth adjudge, order and decree, that the injunction obtained by the plaintiff to stay execution of a Judgmt recovered against him by the defendants in the district court of Prince Edward be perpetual as to £ 30 admitted by the answer of the defendant James ~ Hendren to have been received by him of the money recovered by the said Judgt and as to the residue of the money so recovered that the bill of the bill of the plaintiff be dismissed, as it is accordingly hereby dismissed, and that he do pay unto the defendants the Costs expended by them in their defence. ____________

Decree making Injunction perpetual in part and dismissing bill as to the residue.

Reins . . . . . . . . . . . . . . plaintiff       against                                              } Nichols and others . . . . . . defendants             This cause came on, this 17.th day of September, in the year of our Lord 1798, to be heard on the bill, answers, exhibits, and was argued by counsil; on consideration whereof the court doth adjudge, order and decree, that the injunction obtained by the plaintiff to stay execution of a Judgment recovered against him by the Justices of the County Court of King and Queen, in the district court holden at the Courthouse of that County, for the benefit of the defendants, be dissolved except as to two pounds 18/- the difference between the actual price of the negroe Bett, in the proceedings mentioned and the sum now appearing by the record referred to by the answer of the defendants Falkner and wife to have been formerly credited for her, and be perpetual, as to the said two pounds 18/- as it is so far ~ accordingly hereby made perpetual. ____________

Decree dissolving injunction as to part and perpetuating the same as to the residue

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Cause heard on transcript of record and certificate of the verdict found ~ pursuant to an order directing an issue. Decree of the county court affirmed and appellant ordered to pay costs.	Crider . . . . . . . . . . . . . . appellant       against                                         } Barger . . . . . . . . appellee             This cause an appeal from a decree of the County Court of Pittsyla in Chancery pronounced the 18.th day of August in the year of our lord 1795, by which the appellee recovered against the appellant £ 44. 13. 7. with costs came on this 20.th day of September 1798 to be heard on a transcript of the record of proceedings before the County Court and on a certificate of the verdict found pursuant to the order of the 10.th day of March last, and was argued by counsil: on consideration whereof this court doth affirm the said decree, and moreover ~ adjudge, order and decree, that the appellant do pay unto the appellee the Costs expended by him in defending the appeal, including the costs in trial directed by this Court of the action at common law. ____________
Order awarding Injunction	Bolling . . . . . . . . . . . . . . plaintiff       and                                                      } Bolling and others . . . . . . . . defendants             By consent of the parties by their counsil, a writ of injunction is awarded the plaintiff to restrain the defendant Thomas T. Bolling from further proceeding on an Attachment issued on his behalf from the county Court of Dinwiddie against the plaintiff for her contempt in not appearing and rendering to the said County Court an account of her Exxship of the estate of Robert Bolling deceased, until the further order of this Court. ____________
Order awarding writ of Certiorari.	Thomas T. Bolling . . . . . . . . . . . . . . plaintiff       against                                                                                                                        } Mary Bolling Executrix of Robert Bolling deceased and others . . . . . . . . defendants The Same . . . . . . . . . . . . . . plaintiff       against                                            } Mary Bolling . . . . . . . . defendants             By consent of the parties by their counsil a writ of Certiorari is

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is awarded the defendants to be directed to the Justices of the County Court of Dinwiddie commanding them to certify the record the record and proceedings in these suits returnable here &c. ____________
John Dandridge . . . . . . . . . . . . . . plaintiff                 against                                                  } John Leprade and others . . . . . . . . defendants             By consent of the plaintiff and the defendants John Leprade and William Thomson by their counsel, the court, this 13.th day of September, in the year of our lord 1798, doth adjudge, order and decree, that the ~ injunction obtained by the plaintiff, to stay execution of two Judgments recovered against him in the County Court of Henrico, one in the name of the defendant Thomas Harding and the other in the name of the defendant R.A. the benefit whereof is stated in the bill to have been transferred to the defendant W.m Thomson, be perpetual as to the sum of ten pounds 19/8 ¾ being the amount of 1218.00 of Tobacco paid by the plaintiff to the defendant John Leprade, and be dissolved as to the residue of the money and Costs recovered by the said Judgments, and that the defendant John Leprade do pay unto the defendant Wm Thomson the said sum of £10" 19" 8 ¾ with Interest thereon to be computed after the rate of five per Centum per annum from the month of June in the year 1791 till paid, and do also pay unto the plaintiff and the said defendant Wm Thomson their Costs. ____________	Injunction made perpetual as to £ and deft. A. ordered to pay £ 10.18.8¾ to deft. T.
On the motion of James Bland it is ordered that Peter Rust do pay unto unto the said James Bland 6 dollars and 74 Cents for one days attendance at this Court and in travelling 65 Miles in coming and the same in returning pursuant to the command of the Subpoena ducestecum awarded on the ninth day of March last, in the suit between the said Peter Rust and R. Sanford and other defendants. ____________	Order directing a witness to be paid for his attendance at court.

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Order directing a witness to be paid for his attendance before one of the commissioners of the court.	On the motion of H.C. a witness for Richard Gatewood and A. his wife against R.P. executor of Richard Tunstall the younger and also executor of George Brooke who were executors of Richard Tunstall the elder and others defendants. It is ordered that the said Richard Gatewood and Agness his wife do pay unto the said H.C. four dollars and 64 Cents for one days attendance before mater Commissioner Danscomb and travelling 45 miles in coming and the same in returning. ____________
Order allowing petition of appeal and awarding Supersedeas and a writ of Certiorari	On the motion of J.P. by his counsil, the Court, this fourth day of June, in the year of our Lord 1798, doth allow his petition of appeal from a decree of the County court of Rockbridge in Chancery pronounced in May last, in a suit between Mary Paul, A.P. E.P. J.P. J. Beatty and J. his wife &c. J.W. and M. his wife heirs of John Paul deceased plaintiffs and the said John Paul defendant: and doth award the writs of Supersedeas and Certiorari thereby prayed, on his entering into bond with sufficient security in the Clerks office of this Court in the penalty of £ 20. in two months from this day, with such condition as the law requires ____________
Order reviving suit on the return of the Scire facias executed	Lee exor . . . . . . . . . . . . . plaintiff       against                                         } Banks and others . . . . . defendants             The Subpoena Scire facias awarded in this cause being returned executed on the defendant John Banks, on the motion of the plaintiff by his counsil It is ordered that the suit lately depending in this Court between the said William Lee plaintiff and the present defendants, and the proceedings therein had, stand be revived in the name of the present plaintiff the said Banks having failed to appear and shew cause to the contrary. ____________
Order directing suit to stand revived on the return of the Subpoena executed	Lee . . . . . . . . . . . . plaintiff       against                                } Muse . . . . . . . . . . . defendant             The Subpoena adrovivendum awarded in this cause being returned

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returned executed, on the motion of the plaintiff by his counsel, It is ordered that the suit lately depending in this Court between William Lee plaintiff and the present defendant, and the proceedings therein had stand revived in the name of the present plaintiff, the defendant having failed to appear and shew cause to the contrary. ____________
Yates &c. . . . . . . . . . . . . . . . . . . . plaintiffs       against                                                               } Cunningham and others . . . . . . . . . defendants             On the motion of the defendants W. Cunningham and company by their counsil, the court, this 25.th day of May, in the year of our Lord 1798, doth order that the effects of the said defendants in the hands of the other defendant W.C. be discharged from the attachment in this cause, upon security being given on behalf of the said defendants W.C and company in the penalty of £2000 with condition to perform the decree of the Court ~ therein; whereupon the said William Cunningham and company filed their answer: and the court doth further order that the plaintiff do deliver to the defendant W.C the agent for the other defendants the bonds mentioned in the exhibit N.o 6. referred to by the Bill. ____________	Order discharging attached effects.
Henry . . . . . . . . . . . . . . . . plaintiff       against                                                    } M. Craw and others . . . . . . . . . defendants             On the motion of the defendants by their counsil, the Court this third day of March, in the year of our lord 1798, doth order that if BB, who as the defendants suggest, refuseth to be examined as a witness in this cause, shall after service of this order, still fail to give his testimony, before the commrs, who may be named in the commission for that purpose, that an attachment for such his contempt issue against him; unless he on or before the tenth day of the	Rule for Atta ag.t a witness refusing to be examined before one of the Commissioners of the Court.

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	the term next, after he shall have been served with a copy of this order show cause to the contrary. ____________
Order directing Issue.	Flournoy . . . . . . . . . . . . . . . . plaintiff       against                                                   } Meade and others . . . . . . . . . defendants             Upon a motion made this 26.th day of May, in the year of our lord 1798, by the counsil for the defendant Richard K. Meade to dissolve the ~ Injunction obtained by the plaintiff to stay execution of a Judgment recovered against him by the said defendant Richard K. Meade in the county Court of Henrico, the Court, after hearing counsil in opposition to the motion, doth order that another trial of the Issue in the action at common law upon which the said Judgment was rendered, be had before the said County Court, upon the plaintiffs paying to the said defendant the Costs of the former trial, and that the verdict to be found upon such other trial be certified to this Court. ____________
Order directing proceedings in the nature of a writ of enquiry to be had if the deft refuse to join the issue directed by the former order.	Daniel . . . . . . . . . . . . . . . . plaintiff       against                                          } Ross . . . . . . . . . defendant             On the motion of the plaintiff by his counsil the court, this 16th day of may in the year of our lord 1798, doth order if the defendant shall refuse or fail to join in the issue directed by the order made in this cause, on the second day of June 1796, to be made up between the parties before the ~ County Court of Berkley, that a proceeding in the nature of a writ of enquiry, after judgment by default, be had before the said County Court, to ascertain the value of the land in the said order mentioned and that the verdict thereupon be certified to this Court. ____________

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Wilkins . . . . . . . . . . . . . . . . plaintiff       against                                          } Jarvis . . . . . . . . . defendant             This cause came on this 24th day of May, in the year of our Lord 1798, to be heard on the bill, answer, exhibits and examinations of witnesses, and was argued by counsil; on consideration whereof, the court, doth order that the plaintiff do render an account of his administration of the goods, chattels and credits of his father and testator John Wilkins, before one of the commissioners of the court, to be by him examined, stated, settled and to the Court reported, with any matters specially stated thought pertinent by himself or required by the parties to be so stated. ____________	Order directing account of admon
Medearis . . . . . . . . . . . . . . . . plaintiff       against                                                       } Harfield and others . . . . . . . . . defendants             Upon a motion made this 21.st day of May, in the year of our lord 1798, by the counsil for the defendants to dissolve the injunction awarded the plaintiff to stay execution of a Judgment recovered against him by the defendant M. Harfield in the County Court of New Kent. the Court, after hearing counsil in opposition to the motion, doth refer the accounts between the plaintiff and the said defendant M. H. to one of its commissioners, to be by him examined, stated, settled and to the Court reported, with any matters specially stated thought pertinent by or required by the parties to be stated. ____________	Order directing account on motion to dissolve Inj.n
Noland . . . . . . . . . . . . . . . . plaintiff       against                                          } Cromwell . . . . . . . . . defendant             On the motion of the plaintiff by his counsil, the Court, this eighth	Order restoring property recovered.

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	eighth day of June, in the year of our Lord, one thousand seven hundred and ninety eight, doth order that the defendant restore to the plaintiff possession of the land, which, she had recovered from him by a Judgment of the Winchester district Court, from proceeding to execute which Judgment she was injoined by this Court. ____________
Order taking bill for confessed in case of absentees and decree for conveyance.	James Swann . . . . . . . . . . . . . . . . plaintiff       against                                                            } Henry Banks and others . . . . . . . . . defendants             The defendants, who are out of this country, and against whom the plaintiff appears to have proceeded in the mode prescribed by law, in such cases, not having entered their appearances, and given security to perform the decree, the Court, this sixth day of June in the year of our lord 1798, upon the motion of the plaintiff by his counsil doth take his bill for confessed, and adjudge, order and decree, that the defendant Henry Banks do convey to the plaintiff at his Costs the 35,000 acres of land lying in the county of Monongalia mentioned in the bill to have been conveyed by him to the defendant Richard Smyth and by the defendant Richard Smyth conveyed to the defendant David Allison, and by the said Allison to the plaintiff with warranty as well against himself and all persons claiming by, from, or under him, as against all his creditors and all purchasers of the said land subsequent to the conveyance thereof by him to the defendant Richard Smyth, and that the said defendant Henry Banks do pay unto the plaintiff the Costs by him expended in the prosecution of this suit. ____________
Order requiring the defendants to shew cause why the plt should not have the benefit of Inj.n without giving security.	Mandeville . . . . . . . . . . . . . . . . plaintiff       against                                                   } Sutton and others . . . . . . . . . defendants             On the motion of the plaintiff by his counsil, the Court, this tenth day of June in the year of our lord 1798, doth order that the defendant John

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John Sutton do on the first day of the next term, being served with a copy of this order ten days previous thereto, shew cause, if any he can, why the plaintiff shall not have the benefit of the injunction awarded him on the third day of August last, without giving security. ____________
Kelley and wife . . . . . . . . . plaintiffs       against                                          } Godfrey . . . . . . . . . . . . defendant             This cause, which abates as to the plaintiff G. Kelly by his death, came on, this 24th day of May, in the year of our lord 1799, to be heard on the bill, answer, exhibits and examinations of witnesses and was argued by counsil: on consideration whereof the court doth adjudge, order and decree, if the defendant shall not, on or before the 24th day of August next Page 81, and to the plaintiff Katy deliver: a sufficient release to her of all his right and title in and to the land whereof his father M. Godfrey is mentioned in the bill, to have been seized when he died, which release is to be certified to this Court, that partition as well of that as of the other land which he had conveyed to the defendant be made between the parties; and that of each tract one moiety be allotted to the plaintiff Katy, and the other to the defendant and Benjamin Pollard, S. Coleman and W.m Ingram, of whom any two may act, are appointed commissioners for ministering in the partition and allotments and are required to report their proceedings to the Court. ____________	Order directing partition if the deft shall fail to perform certain stipulations.
Irving . . . . . . . . . . . . . . . . plaintiff       against                                          } Moore and others . . . . defendants             The defendants, who are out of this country and against whom the plaintiff appears to have proceeded in the mode prescribed by law, in such cases, not having entered their appearance, and given security to perform the decree	Order directing absentees land to be allotted and assigned by comrs to plts: who have proceeded in the mode prescribed by law in such cases.

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decree, the Court, this sixth day of March, in the year of our lord 1800, upon the motion of the plaintiff by his counsil, doth take his bill for confessed, and adjudge, order and decree, that one equal sixth part of the 60,000 acres of land mentioned in the bill and appearing by the exhibits to have been granted to the defendants by patents under Seals of the Commonwealth be allotted and ~ assigned to the plaintiff to be holden by him and his heirs in severalty in fee simple and JP. W.P. and W.T. or any two of them are appointed Commm.rs for making the said allotment, and are required to report their proceedings to the Court in order to a final decree. ____________

Order directing Issue respecting a will.

O. Anderson and others . . . . . . . . . . . plaintiffs       against                                                             } E. Anderson and wife &c. . . . . . . . . . defendants             This cause came on, the third day of June, in the year of our lord 1799, to be heard on the bill, answers, exhibits and examinations of witnesses, and was argued by counsil: on consideration whereof the court doth order, that a Jury to be impanelled before the County Court of Sussex, and in due form charged, to enquire whether William Oliver did publish and declare, any testament and last will, if this be found affirmatively, do rehearse the words of the testator, where they are distinctly remembered by the witness or witnesses, or if they be so not remembered, recite the purport of them, and enquire whether the paper, on which such testament and last will had been written, was destroyed by the testator, or by his direction, or whether such testament and last will was otherwise revoked by the testator, and that the Verdict, to be rendered on trial of these Issues to be certified to this Court. ____________

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