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

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 17th 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 10th Day of June 1802, and in the 26th year of the Commonwealth.

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

Mem^o If the release of errors be filed with the Clerk of the district aforesaid a copy thereof is to be certified to this court

Injunction to part of a judgment obta. by assignees

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 [???] 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 [???]the plt H.T until the further order of this Court.

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.

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

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

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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.

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 Judgment.

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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

until the further order of this Court.

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 F one

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.

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 Judgdt. 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

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

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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/- [???] 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.

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.

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

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.

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Overton Cosby and others……………….......... 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…………………………………………………….. plaintiff against Herbert and others……………………………………….defendants The report pursuant to the order made in this cause on

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.

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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 5h 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

said county court, to the end that the said Court may procede further therein

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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

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/ [???] 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.

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

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..................................................................................................................defendant By consent of the parties by their counsil a writ of Certiorari is

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.

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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.

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

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.

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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.

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

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.

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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 seal, 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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