I also forgot to post these later civil records from Vol 2....... APRIL, 1793 Callender & Henderson vs. Robert Harrison, Charles Donnolly and John Appler SEPTEMBER, 1794 Hugh McDowell vs. James Megonegal--Case. Writ, 24th August, 1792. Plaintiff died during suit. On 17th September, 1793, defendant asked change of venue because of prejudice of his neighbors. William Taylor vs. Anthony Mustoe, William Chambers, William Bowyer. Debt. 25th March, 1794. Abraham Clements vs. Robert Shaw--Ejectment, October 12, 1786, Rockbridge County. Abraham Clements, heir-at-law of Abraham Clements, deceased, who was heir-at-law of Ezekiel Clements, demise 18th June, 1746, 400 acres, known as Broad Spring. Patent (copy) to Robert McClenachan, 375 acres on Mary Branch of James River, cor. James McClung, cor. Robert Campbell, dated 24th March, 1740. Mary Roberts deposes, February 28, 1788, in Frederick County, Maryland, that she was a near neighbor of Ezekiel Clements, of Hopewell Township, County Huntindon, New Jersey, and knew the family 15-20 years. Ezekiel, and eldest son, Abraham, went out to purchase land; said they had bought in the backwoods. Abraham married and had three children, one of whom was a son named Abraham. Copy deed from Bordens' executors to Ezekiel Clements, 1746, in Augusta. This land lapsed on October 18, 1753, and reverted to the Crown. John Tate vs. John Evans and John Parks--Debt. Writ to Rockbridge, 15th February, 1790. Bond dated 1789. Andrew Donolly vs. George Kizel--Augusta County, 22d August, 1787. APRIL, 1790 Andrew Donnelly vs. Adamjah Mathews--A. and B. Greenbrier, 1784, Writ to Augusta from General Court, 7th January, 1785. SEPTEMBER, 1799 Reed vs. Reed--Robert Reed, Collin Reed, Hugh Ballentine and Frances, his wife, heirs-at-law of Robert Reed, deceased, demise, 1788, lot No. 7, in Staunton, and 74 acres in Augusta. Ejectment vs. Mrs. Margaret Reed; she had married George Mathews, who is admitted defendant. Tried in District Court, April 3-4, 1792. Special verdict, viz: Patent to Beverley, 118,491 acres. Beverley, on 13th June, 1750, executed power attorney to Lewis & Madison, who executed deeds, 27th May, 1751, to James Miller for 300 acres, part of the patent. Miller conveyed to Israel Christian, 25th March, 1754. Christian conveyed to William Fleming, 23d September, 1763. Beverley conveyed, 23d May, 1765, to William Fleming, 560 acres. Fleming conveyed, 18th August, 1767, to Robert Reed, late of Staunton, 740 acres. Margaret was wife of Robert; married before above conveyance. Robert died, October, 1787, intestate, and without issue, leaving Margaret, his widow, who has retained possession. Robert was the son of John Reed, of the Kingdom of Ireland. He had one full brother named John Reed, and two sisters of the half blood, one of whom intermarried with William Reed, by whom she had several children; the other with William Buchanan, by whom she had several children, of whose death no evidence has been offered. William Buchanan, son of William, aforesaid, by his wife, Margaret, a half sister of Robert Reed, deceased, was in this commonwealth at commencement of this suit. The father and mother of said William Reed were alive in Ireland in June, 1786. John Reed, brother of said Robert, had issue, Robert, John Collin, Frances, Christiana, Barbara and James. Frances intermarried with Hugh Ballentine. Robert Reed, Hugh Ballentine and Frances removed from Ireland to Virginia, 1784, and Collin, two years afterwards. Robert Reed was enrolled in the militia prior to death of Robert Reed, deceased, and attended muster as militiaman, but probably was never naturalized until 21st November, 1787, and Hugh until 28th November, 1787. Collin has never been naturalized. Robert, Collin, Hugh and Frances were in America prior to death of Robert, and were recognized as children of his brother, John, of Ireland. John died 1785 or 1786, a citizen of Great Britain. John Robertson, patentee with Beverley, survived all the other patentees. Act passed 14th December, 1789, entitled an act for vesting real estate of Robert Reed, deceased, in Margaret Reed and her heirs. James Donnally's deposition in Greenbrier, 26th April, 1790, was: Intimately acquainted with John and Robert, then of Belligay, of Kingdom of Ireland, and County of Donegal. Robert came to Staunton. Robert and John were accounted full brothers in Ireland. John and Robert had two brothers and two sisters of half blood. John lived with a woman named Frances reputed to be his wife, and they had a son, Robert. Robert Reed, Collin Reed, Hugh and Frances Ballentine were born prior to 1770. Reed vs. Reed--Robert Reed, deceased, wrote to his brother, John, in Ireland, saying he was possessed of considerable estate, and asking John to send in some of his children to heir it, and it was in consequence that the plaintiff came to America. William Buchanan, son of William Buchanan of Ireland, died since 1790 intestate and without issue. Robert's mother died before Robert. Beverley conveyed lot 7 in 1749 to John Cunningham. Cunningham conveyed to John Davis, 1758; Davis to Reed, 1763. Certificate of Robert Reed's naturalization in Augusta County Court, 6th December, 1787. Hugh Ballentine, of Greenbrier, in 1798. Deposition of James Donnerley: Was acquainted with Robert Reed before he left Ireland; also his father, John Reed. Robert's mother was dead before deponent left Ireland, in 1761, and John had married again. Hugh owned land in Greenbrier and was about to build, but was prevented by the Indians in 1786, and he was considered a good citizen of Virginia. Taken 24th April, 1798, in Lewisburg, at house of John Mathews. Copy of act to vest the real estate of Robert Reed in Margaret passed 14th December, 1789. Hugh Ballentine took oath of a citizen, 28th November, 1787. Reed vs. Reed--Summons to Montgomery County for James Allen and Mathew Lindsey, 28th February, 1799. Summons to Kanawha for Andrew and James Donnelly, 8th August, 1791. William Rennick vs. Major Dowell and William Moore--Debt. Writ to Rockbridge, 3d April, 1798. APRIL, 1792 William Watts, assignee Layton Yancey, vs. George and John Houston, and Alexander Herring--Debt. Rockingham. Writ, 6th February, 1797. SEPTEMBER, 1790 Fulton vs. Hays & Hill--Affidavit that Richard Woods lives in Greene County, North Carolina, and his deposition, 12th March, 1790, before Benjamin Gist and David Russell. Smith vs. Ewin--Affidavit, 7th May, 1790, that Hamilton Rodgers lives in District of Kentucky SEPTEMBER, 1796 Jamison vs. Kelso--Michael Ayleshi, of Bath County, is about to remove to Holstein. Andrew Kennedy and William Martin are about to remove to Kentucky, 1797. David Martin about to remove out of State. William Rhea and William Martin intend, 3d September, 1796, for Kentucky this fall. Keys vs. McCampbell--From Rockbridge. APRIL, 1799 Lee's administrator vs. Munroe--William Ludwell Lee, administrator, with the will annexed of William Lee, of James City County, deceased, complains of John Munroe, late of Fanlis, in the county of Richmond and State of Virginia, but now of Augusta County, 2d June, 1798. Bond dated in Richmond County 1st May, 1795. John lived in Staunton and took the bankrupt law, 1799. His inventory: A debt due John from Meriwether Jones, administrator Sally Jones, deceased, as a legacy devised to John's late wife, Jane Donaghe vs. Laird--Copy of deed, David Laird and Anne, his wife, of Augusta County, to Hugh Donaghe, assignee of Jeremiah Smith, 1787, recorded in Rockingham, 24th June, 1787. Depositions of Jeremiah Smith and John Donaghe to be taken at the house of David Ruable, in Greene County, North Carolina, 11th November, 1789. Also of James and John Donaghe, and Thomas Davis, on 15th May, 1789, at house of Russell, Greene County, North Carolina. Deposition of Thomas Davis, Samuel Lamb. Donaghe spelled Donaghoe. Commissions to David Russell and Robert Campbeel in Greene County, North Carolina, to take depositions. SEPTEMBER, 1799 Robert Cummins vs. William Bell--Trespass. Writ, 30th May, 1798. John and Jane Cummins, summoned as witnesses, 21st August, 1799. Verdict for plaintiff. Depositions of John Elliott, James Cunningham, Francis Bell, Samuel Bell, Nephew of William Bell, Sr. Jane Cummins, daughter of Robert Cummins, says, 30th April, 1799, that it is about 23 or 24 years since her father came to this place to live. SEPTEMBER, 1800 Beverley vs. John Prior Perkins--No inhabitant. William Wedderburn was inhabitant of Amherst County, 25th June, 1796. Givin vs. Erwin--Writ of right. Rockingham. John Erwin and Ann, his wife; Joseph Dictum and Rachel, his wife, against Benjamin Erwin, Abraham Miller and Michael Miller. Writ, 28th February, 1793. Receipt for Daniel Love's taxes. Copy of patent to Daniel Love, 250 acres, 5th September, 1749, on Cook's Creek. Also original patent. APRIL, 1799 William Dryden vs. Richard Mathews--Covenant to Thomas Barber and Samuel Irvine in Danville, Ky., to take depositions of William McDowell and William Bufford. Notice to take depositions of above and Chesley Calloway, and Nicholas Welch, inhabitants of Kentucky; of Calloway and Welch to be taken at Barnets Town, on Green River. Joseph Barnet and John Beard, Commissioners. Bond by Gideon Davenport, of Spottsylvania County, to Larkin Stanard, 18th October, 1781. Dryden lives in Kentucky, 2d April, 1790. Deposition of William Crutchfield before Thomas Barbee, in Danville, Ky., July, 1794, says he knew Gideon Davenport, who lived in upper end of Caroline or lower end of Spottsylvania, about 1779 and then owned several slaves. Gideon died in Chesterfield County about fall of 1788, leaving no property. Deponent William was raised in Caroline County. William Buford deposes that Richard Mathews was often at his house in Lincoln County, Kentucky, in 1791, and offered to sell him a bond on Gideon Davenport, who, he represented, was living in Cumberland District, North Carolina. Richard Mathews also offered to trade a bond of a certain Colonel Washington in Charleston, S. C., and Richard said afterwards he believed the same Colonel Washington was hung. Sarah Dixon, infant, by Archibald Dixon, next friend, vs. Mathew Robertson--Breach promise marriage. Dunkenson, et ux., vs. Moore--Ejectment from Rockingham. Thomas Dunkerson and Lucretia Dunkerson, his wife, heirs-at-law of Thomas Moore, deceased, six plantations, containing 1,700 acres. Defendants are Reuben, John and Thomas Moore. Copy of patent by Fauquier to Thomas Moore, 26th July, 1765, 200 acres on Smith's Creek, between Davison's, Philips' and Rambo's lands, Buchanans' Cor. Same by Botetourt to Thomas L. Moore, 12th May, 1770, 190 acres on Smith's Creek, Michael Bowyer's line, Thomas Looker's line. Same by same, to Thomas Moore, 12th May, 1770, on Smith's Creek, corner J. Woodley land; John Philips, corner. Same by Fauquier to Valentine Sevear, 200 acres on Smith's Creek, crossing Daniel Jones' Branch, 27th June, 1764. Consideration is importation of four persons, viz: James Porteus, John Poe, Patrick McDonald and Daniel Warner. Patent by Gooch, 12th January, 1746, to James Wood, for 370 acres on Smith's Creek. Patent by Fauquier, 31st October, 1765, to Thomas Looker (Lobker ?) for 68 acres on Long Meadows or North River Shan. Deed by Thomas Loker, of Rockingham, 17th February, 1791, to Thomas Moore, Sr. Thomas Loker. Test: Reuben Moore, Thomas Loker, Jr., Philip Counce, recorded Rockingham, 27th June, 1791. 20th August, 1801, jury, John Carthrea, Jr., George Rader, Jacob Bear, Mathias Anson, Michael Lohr, James Green, George Chrisman, David Caldwell, John Crotzer, Casper Mifford, Evan Thomas, Alexander Graham. Jury find Thomas Moore died intestate, 1797, leaving plaintiff, Lucretia, and defendants, his only children, appeal to Supreme Court, and their appeal dismissed. Judgment for plaintiffs Daniel Fall vs. William Varner--Defendant returned, no inhabitant of Bath SEPTEMBER, 1793 Donaghe vs. Ailer--James Oliver, Abbeville County, South Carolina, 20th September, affirms he never made claim to the waters of Naked Creek belonging to Anthony Oaler Michael Fackler vs. William Chambers and Jacob Geiger--Ejectment from lot 10 in Staunton Byrd, assignee, vs. Aaron Hughes--Bond by Aaron Hughes, of Conwell County, State of Franklin, to James Hubbart, of same place, 21st October, 1785. Commission to take depositions of Mark Jordan, James Cunningham and Andrew Greer, Sr., inhabitants of the territory south of Ohio River April 2, 1793. Commission is addressed to George Dougherty, Andrew Henderson, John Blackburn, Landon Carter and James Stuart. Ceded territory of United States south of Ohio, Jefferson County. Affidavit before Parmenus Taylor and Garret Fitz, by James Cunningham, 23d March, 1793. Deposition of Mark Jordan (Jreden ?) in Jefferson County, territory south of Ohio, 15th August, 1793, that Aaron authorized his son, Abraham, to sign the bond. Deposition of Andrew Greer, in Washington County, same territory, 19th August, 1793. SEPTEMBER, 1796 Fletcher vs. Kelso--Eleanor Fletcher, heiress of Rev. John Hindman, conveyed Hindman's land to Fletcher. Deed was executed long "potesior" to death of her husband, John Fletcher, when she was "femme sole". She was sister of whole blood of John Hindman. Original deeds from Beverley to Hindman recorded in General Court, 17th April, 1745. Depositions by Margaret McCutchen, Jean Martin and Agness Harvey as to relationship between John Hindman and Eleanor Fletcher. Original deed Eleanor Fletcher to son, Job Fletcher, 1790, recorded Rockbridge. James Elliott says his father, William Elliott, is 93 years old, 12th July, 1792. John Erwin vs. Samuel Erwin--Rockingham, Slander. John Erwin deposeth, 15th August, 1793: In year 1776 plaintiff (Samuel Erwin) came to defendant's father's house and told defendant that himself and his brothers, Benjamin, Andrew, John and William Erwin, had come to agreement to value the land their father formerly possessed at £300, and that Samuel Erwin and his brothers, Benjamin and Andrew, had purchased the shares belonging to John and William Erwin. Deposition of Thomas Woodall, 25th March, 1797: John Erwin was a man of good character, but some persons spoke badly of him. Thomas is about to remove to Kentucky. Edward Erwin vs. Alexander Curry--Mary Curry, a witness in Pendleton County, deposes that a number of years ago her father, the present defendant, called on her uncles, viz: Benjamin, Samuel and Andy, to give their bonds for her grandmother's maintenance. Thomas Woodell deposes, 24th March, 1797: In April, 1795, defendant told Edward Erwin, son of plaintiff, &c. James Dillard, Jr., vs. Jonathan Kerns--Bond by Jonathan, of Rockbridge County, to James Dillard, Sr., of Amherst. £40, 17th February, 1794. 1796 Edward Erwin vs. William Stevenson--Libel, McPheeters vs. Donaldson--Alexander McPheeters, Jr., and Jane McPheeters are about to remove to Kentucky, 1795, 4th September. McPheeters vs. Moffett--Original deed, William McPheeters, Sr., to William McPheeters, Jr., 1755. Copy deed, Beverley, to William Vance, 23d July, 1740. Deposition of Margaret Brown, 25th August, 1798: She lived on the land in dispute 60 years ago. Memorandum, 1790-91. Memorandum for Mr. Williams. Enquire after Elliott Rutherford, executor to his brother, Thomas Rutherford, who died about 20 years ago. Spencer Hill married Mary Rutherford, daughter of Thomas Rutherford, deceased, and her fortune is in the hands of Elliott, who lives about one mile from Rockingham Courthouse. Joseph Borden, letter to Cosen Jacob Peck. Cuthbert Bullett's letter. Alexander Stuart's letter, 12th February, to Mr. John Wilson, Fayette County, Pennsylvania, says John is eldest son and heir of George Wilson, deceased, who sold a lot in Staunton to Mr. Mathew Reid. Part of purchase money is due which Archibald offers to pay upon making a deed. James Russell's letter, 24th March, 1791, brother of Joseph Russell. Edward Day's petition for help in support of his family, three children, one an idiot. Edward is old and infirm. 14th April, 1791. W. Erwin's letter to William Anderson, 17th March, 1791. William is brother of Samuel Anderson. Owen Owens' letter, 29th July, 1791, to James Lyle. APRIL, 1806 Peter R. Beverley vs. John Doake--Deposition of Thomas Mitchell. 14th October, 1805, aged 73, says: Samuel Doak lived on the land in dispute upwards of sixty years ago and John has lived on it ever since Sam's death. Deposition of Hugh Fulton, 14th October, 1805, aged 77, says: He was acquainted with Samuel, father of John. APRIL, 1801 James Brown vs. Thomas Sawyers--13th September, John Thompson and James Tomlinson intend shortly to decamp or emigrate from this State. Major Dowell, agent for Abraham Clemens, of the State of Pennsylvania, vs. Mathew Shaw--Ejectment APRIL, 1805 John Fletcher vs. Alexander Dunlap and Jane--Slander. From Rockbridge. Affidavit, 7th April, 1800, that John is an inhabitant of Kentucky APRIL, 1805 Thomas Edington & Agnes, who was widow of Jno. Oliver, vs. Benj. Thompson, Miles King, Robert Douthat. Bath Co. Wr. Dower. Erwin, Sam'l, Mary & Marg't, vs. Robert Reid--Forcible entry and det'n 240 acres on Middle River. Letter by Saml. Erwin dated 30 Nov., 1794 addressed to his brother David Erwin, Sullivan Co., Tenn. Depn. of Jane Patterson, 26 Mar., 1802, in Sullivan Co., Tenn. Ditto--Sarah and John Patterson--and Margt. Taylor (dau. of Sarah Patterson). SEPTEMBER, 1806 Commonwealth vs. Maj. Saml. Houston. Indict. for disturbing Public Worship by dragging Ann Henderson out of the Meeting on Sunday 4 Aug 1805 at Timber Ridge. Depn. of David Snyder 26 Mar 1806--Ann took the Jerks--she was exercised for some time when she rose up & began dancing. Maj. H____ took hold of her arm saying it would not do to dance in Meeting--Daniel Lyle prevented him--James Decker came to Houston's assistce. & she was removed to the shade of a tree. "Depositions show that Houston's action met the approval of the Congregation and of Mr. Blair the pastor." SEPTEMBER, 1798 John Brown vs. Saml. Mitchel, And. Wardlaw. 317 acres in Rockbridge. Survey Aug. 1, 1774 for George Moffett by James Trimble 328 acres. Deed by Borden to Charles Donely 11 Feby, 1741-2, 231 acres 1 R 32 P--part of 92100, on Mophet's Creek, cor. James Cook--ye Barrens. APRIL, 1800 Moore vs. Vernum--Deposition of James McCown at house of Col. Saml. McDowell in Fayette County, Kentucky, 15th May, 1798. Miles vs. Henry Brill--"I, Henry Brill, of Heidelburg Township, County of Lancaster, Penna., yeoman," bond to Miles, &c., 4th June, 1783. John Bright and others petition June, 1797, for a road from James Rowan's at Rockbridge line to the great road passing through Greenville, as it is cut off by Christopher Myers. Signed: John Bright, Jno. Schultz, Job Heoah, Hugh Alexander, Wm. Ritter, Neal O'Neal, Jno. Henry, James McFadden, John McFadden, David Shultz, Saml. Steele, Rob. Henry, Jno. Cunningham, James Steele, Andrew Purris. APRIL, 1803 John Scott vs. Valentine Miller--Rockbridge, hundred and twenty acres. Patent by Henry Lee to Peter Wiley 6th January, 1792, 120 acres adjoining Smith Williams and Jane Gilmore on Collier's Creek, corner to Valentine Millar. Deed 22nd February, 1771, John Kirkham of Botetourt to Richard Williams, 100 acres in Forks of James, corner James David, Smith Williams. Recorded in Botetourt: Deed, James Patton to Wm. Hall, recorded 20th November, 1752. Will, Henry Kirkham. Deed, 10th December, 1783, Richd. Williamson and Ann, of Rockbridge, to Smith Williamson of same county, 100 acres, corner Smith Williams; recorded in Rockbridge. Deed, 23d February, 1771, Jno. Kirkham, of Botetourt, to Richard Williams. Deed 2d November, 1791, Smith Williamson, of Wilks County, Georgia, to Thos. Scott, of Rockbridge, 116 acres on Collier's Creek, Whiteoaks, near the Ship Rock; recorded in Rockbridge. John Taylor, Archd. Taylor, James Taylor, Joseph Taylor, Jonathan Taylor, Wm. Taylor, Sarah Taylor, Francis Carter and Margaret, late Margt. Taylor, Saml. Twitchet and Catherine, late Catherine Taylor, Sylvenus Gibson and Elenor, late Elenor Taylor and Easter Taylor, devisees of James Waits, deceased, vs. John Huston--Writ of right, Rockingham. Two tracts, 150 acres in Rockingham; Jno. Stephenson's line, 20 acres, Stover's Mill Creek; James Downing's survey. Copy patent to John Stephenson, 400 acres on Orange (Augusta) County, on Stover's Mill Creek, of South River, Shenandore, 1st June, 1741. John Stephenson to Archd Huston, 18th May, 1773, recorded. John Stephenson's will, dated 13th October, 1777, probated in Rockingham 23d November, 1778; wife. Devisees, Jonathan Taylor and Easter Taylor, two of wife's children (infants). Daughter, Mary Huston, widow of Archd. Huston. Grandsons, Jno. Huston, Stephen Huston, George Huston and Nathan Huston. Grandchildren, Ann, Abigail, Sarah, Jane, Elizabeth and Archibald Huston (infants), daughter Mary Huston. Executors, Daniel Smith, Sr., and Felix Gilbert. Patent to James Waits, 1st September, 1782; 20 acres by survey, 18th December, 1751, on Stover's Mill Creek. James Waits' will, dated 9th October, 1771. Probated in Rockingham, 24th September, 1781. James Waits' will: Wife Catrine. John Taylor's children, they being the lawful issue of his wife Esther--Sarah and Catherine--to have more than others. CAUSES ENDED, NO. 1. Campbell vs. Donaghe--Bill in chancery. Hugh Donaghe's daughter married Robert Campbell, who moved to Western Tennessee. Wm. R. Coupland and wife Emily, of Lynchburg, County of Campbell, vs. Gustavus A. Rose, Hugh, Robert H., Samuel Rose, Landon Cabell and Judith (Rose), Spottswood Garland and Lucinda (Rose), Saml. Irwin and Ann (Rose), John, David, Isaac and Joshua Tinsley--Bill to set aside will of Caroline Matilda Rose, mother of all the Roses. APRIL, 1803 Armstrong vs. James Kelso--Defendant from Bath County. James Peevy is about to remove from this State, 31st December, 1801. Jennet Peevy, Sr. and Jr., are about to remove, 19th October, 1802. SEPTEMBER, 1802 Williams vs. Alexander--Original deed by Thomas Chew to Saml. Gay, 26th July, 1745. Letter to attorney by George Williams, late of the County of Augusta, but resident in County of Ross in Ohio. Original deed by Beverley to Danis Bryne, 23d July, 1740, 567 acres in Beverley Manor, corner Robt. Turk, corner Finley, Saml. Guy's line, George Home's corner. Original deed, 15th June, 1757. Saml. Givens and Martha to John Williams. SEPTEMBER, 1808 Rosanah Donnelly, infant, by father John Donelley, vs. John Christian-- Slander. Wm. Lyons is about to remove from Virginia, 17th August, 1808. APRIL, 1800 Edward Erwin vs. Wm. Curry--Trespass for diverting water. David Williams, Wm. Erwin and Joseph Curry live in Kentucky, 1st April, 1799. Deposition Wm. Erwin, Sr., 8th June, 1799, at the Courthouse of Lincoln County some years after the death of his uncle John Erwin. Ditto of Joseph Curry, 26th June, 1799, in Courthouse of Bourbon County, aged 51; in 1761 deponent came to Augusta from Ireland. Edward Erwin was his brother-in-law, present plaintiff. Wm. Curry, present defendant, is deponent's brother. Ditto of James Magill, Sr., 13th December, 1798. Aged 74 years. CIRCUIT COURT CAUSES ENDED James Heard vs. John Everitt--O. S. 9; N. S. 3--16th September, 1802 Bill filed. Henry Reed served as a private along with James Heard in Col. Lee's Legion during the Revolution. Heard was an officer. Goff vs. Fisher--O. S. 9; N. S. 3--Isaac Booth deposes March, 1803, in West Augusta, that John and Saliel Goff were the first to improve the land of Thomas Parsons on Cheat River, now generally known as Sim's Bottom & formerly called Cearl's bottom. James Goff, son of John Goff. John improved the land in 1773 & John & Saliel improved it in 1774. Robert Cunningham had a patent from Randolph. Robert formerly lived on the South Branch below the Gap & joined lands with his brother, William Cunningham, and married Prudence Parsons, sister to Thomas Parsons. William Parsons was son to Thomas. Witnesses speak of "South Branch" in Hardy County, just below the Gap, generally called the Gap of Sim's Creek. Robert Cunningham deposes Hardy Co. 4th October, 1800. He, 1770, lived in Horseshoe Bottom on Cheat River, where he made improvement on Big Yough, then called the Right Hand Fork, about one mile from Parson's cabin at the head of the Glades. He sold the land to Goff upwards of 20 years ago. McDonald vs. Turner--O. S. 11; N. S. 4--In 1794 when militia army was sent to quiet the insurrection in Western Pennsylvania, Angus McDonald was appointed paymaster to Col. Swearingen's Regt. & acted as such during the expedition. He passed a due bill to Lieut. Saml. Turner, who commanded the Company in the absence of Capt. Struther G. Suttle. Judgt. went against Angus in Frederick Co. Suttle only commanded the Co. after the troops returned to Winchester. Maj. Langham was brother-in-law of McDonald. James Olliver served in Capt. Suttles' Co. Henry Monger, Sr.; Michael Deck, and Susannah, his wife; late Susannah Monger; John Long and Barbara Long, infants and orphans of Elizabeth Long, deceased, late wife of Mathias Long, who was Elizabeth Monger; Martin Monger; Harman Aughe and Mary, his wife, late Mary Monger; John Monger; Henry Monger, Jr.; John Peter Fish and Margaret, his wife, late Margaret Monger, vs. David Monger; Charles Monger; William Monger, Martin Tofflemier and Eve, his wife; Leonard Crotzer and Mary, his wife--Bill filed 30th April, 1802--0. S. 12; N. S. 4--Henry Monger is one of the children of Henry Monger, late of Rockingham, and Susannah Martin, Mary, John Monger, Henry Monger, Jr., and Margaret are children and heirs of John Monger, deceased, late of said County, deceased, who was oldest son of Henry Monger, deceased. John and Barbara Long are the only children of Elizabeth, who was one of children of Jno. Monger. More than 22 years ago, Henry Monger, deceased, being then 66 years old, left Rockingham in company with Charles Monger and William Monger, two of his sons; and Martin Tofflemier and Eve, his wife; and Leonard Crotzer and Mary, his wife; Eve and Mary being two of Henry's daughters, and went to Kentucky. About ten months after, they were all taken by the Indians at Riddle's Station and carried prisoners to Detroit. Shortly after this, Henry died intestate. Answer denies that Henry was never heard of after his capture, because David had received two letters from him since his capture. Henry died about 14 years ago at Detroit, or near there. Henry married about five or six years before he went to Kentucky; he was a blacksmith; had lost use of one hand. Answer speaks of Henry being on his death bed in presence of his wife. Cross bill says Michael Deck is a quack lawyer and common barretor. Nixon vs. Nixon--O. S. 13; N. S. 5--Bill filed in Hampshire 14th March, 1794, by George Nixon, son of William Nixon, deceased, against George Nixon, son of George Nixon, deceased. Summons dated 12th December, 1793, to summon George Nixon, infant, by Francis White, his guardian. Many years ago, previous to marriage of orator's deceased father, with Hanna, mother of orator, George Nixon, father to William and grandfather to orator. George gave land to William on the Great Capecapon. Orator's grandmother died and then George (grandfather) made an unfortunate marriage by which he had several children, among them, defendant George, to whom he devised the land. Copy of will of George Nixon, of Hampshire County: Wife Rachel, son George, son Joseph, son William, grandsons George and Levi Nixon, granddaughter Rhoda Thomas, son Jonathan, daughter Elizabeth Webb, granddaughter Molly Nixon, daughter of Jonathan, (William, George and Joseph are infants), daughter Hannah, daughter Nancy; dated 15th February, 1793; proved 10th April, 1793. George gave the land to son William in 1768. Rees Pritchard says he was born in 1744. William Nixon (father of complainant) married Benjamin McDonald; Hannah Nixon was Hannah Park; Elizabeth Webb was daughter of George Nixon (grandfather) and wife of Benjamin); John Arnold was related to George, Sr., by marriage, <I>i. e.,</I> George Nixon's first wife was Arnold's sister; Arnold is 62 years 6th of last September, 1797. Riely vs. Ball--O. S. 14; N. S. 5--From Frederick. Cornelius Anderson deposes in Winchester, 14th March, 1801, that he is fifty-two (52) years old. Joseph Anderson, ditto, about fifty-five. Edward Ball, ditto, aged 30, is son of Jasper Ball. Thomas Kincade vs. Cunningham--O. S. 22; N. S. 8--Bill filed 30th April, 1802. Thomas, on 10th January, 1771, purchased of Jacob Persinger a tract in Greenbrier called the Spring Lick tract, which Persinger had brought of Christian Landers, who had made a settlement thereon. It was surveyed for the Greenbrier Company in 1751, 6th October. The bond was assigned to Walter Cunningham. Andrew Donnelly sued Thomas on the endorsement, charging fraud and obtaining judgment. Margaret Reid was aunt or near relative of Walter and lived in Augusta. Walter lives in Kentucky, Jessamine County. John and Robert Fulton in 1753 raised four acres of corn on the place now owned and lived on by Wm. Renick, and James Burnsides was living with them for the purpose of digging Ginsang. Boughman's fort was broken up by the Indians in 1754. Thomas Kincade had a son, William, who deposes. Col. Saml. Vance deposes, 10th February, 1803, that in 1765 he, with Jackson Early, was in Greenbrier hunting bears. Wm. McClenachan made an improvement there in 1763. Jacob Persinger was son of Jacob Persinger, Sr., deceased, 1803. Eve Johnston testifies she lived within a mile of Christian (Christopher) Lander in 1753-54 in Greenbrier. Andrew McDonald vs. Moore--O. S. 25; N. S. 9--From Berkeley. Bill filed August, 1782. Jacob Moore and James Moore (brothers) owned 675 acres on Middle Creek, granted by Fairfax, 18th November, 1752, and in 1755 they divided. Jacob was then an infant. In 1755 James sold to Mangus Tate. In 1762 Magnus and Mary, his wife, conveyed to orator. The lands were left to Jacob and James by their father's will, who died before Fairfax's deed. Letter of John Dixon dated Martinsburg, 2d September, 1799, says "Old McDonald in his life time entered into an agreement with George Lemon, who married his daughter, by which he conveyed all his right in the land to George." Copy of said agreement dated 6th September, 1798, between Andrew McDonald, Senr., and George Lemon. June 13, 1799, Andrew McDonald had died. The representatives are William, James, Andrew McDonald and Mary, who married George Lemon; granddaughter, Hester Price. McDonald vs. Morris--O. S. 25; N. S. 9--Frederick. George Rice's will was probated in the Winchester District Court. Watson vs. Caldwell--O. S. 30; N. S. 10--John Caldwell's will dated 17th November, 1785 and proved in the District Court held at Prince Edward Court House, 4th September, 1793. Leaves all estate to his son, David Caldwell. John lived with David from 1766 until he died in August, 1789, aged 94 years and 6 months. James Simral and John Donaldson of Frederick vs. Moore--O. S. 40; N. S. 14--Bill September, 1793. In 1771 and 1772, James resided in Chester County, Penn., and shortly afterwards he removed with his family to Frederick County. John Cooper, aged fifty-five (55) (living in Westmoreland County, Penna.) deposed 7th May, 1795, that in 1771 he was at house of James Simrall in Sadsbury Township, County Chester, Penna. Frances Meem, aged 25, deposes in Frederick, 11th May, 1795. William Ferguson Simrall deposes in Fredk. 11th May, 1795, aged 18. John Strother and Joseph Thompson vs. John Oliver's heirs--O. S. 40; N. S. 14--Bill filed 25th August, 1803. On ____ plaintiffs had a tract surveyed in Falling Spring Valley and shortly afterwards John Strother went to Georgia . John Oliver, now deceased, was agent for the heirs of Col. Bullet. There had been surveys for Jeremiah Seeley, who had assigned them to Francis McAndrew, who by common report, died in our army during the Revolution, leaving a will. He disappeared and has never been heard from since. Power of attorney, 8th August, 1781, by Francis McAndrew to John Dickinson to collect his debts, &c., in case he does not return from his tower of duty. Deed 10th July, 1792, John Oliver to William Bonner, recorded in Bath, July, 1792. Jeremiah Seeley's survey was dated 1773. Francis McAndrew died before peace between U. S. and England. Adam Kimberland, Senr., is about to remove from State, 5th October, 1803. Joel Walker, ditto, 5th July, 1803. Heirs of John Oliver are Thomas Oliver and ____ his wife, late ____. Wm. Oliver, heir of Joseph Oliver, deceased, representatives of John Oliver, deceased, and Thomas Edington and Agnes, his wife, late widow of John Oliver. John Lefevre vs. John Sowers--O. S. 40; N. S. 14--Appeal. Bill filed by Sowers vs. Lefevre in Frederick County, 7th November, 1795. James Knight of Frederick died 1787, testate (copy of will follows) to widow Jane, now deceased, for life, then to Samuel Jack, John Lefevre and John Sowers. William Knight was brother to James Knight. Widow Jane died 1794. James Knight's will dated 10th August, 1786. Proved in Frederick, 4th September, 1787. Wife Jean; son-in-law John Sowers; grandson William Dedderick; (beloved sons) Samuel Jack, John Sowers and John Lefevre. Agreement between Saml. Jack of Richmond County, Georgia, legatee of James Knight and John Sowers, dated 7th October, 1788. Deposition of Colonel Samuel Jack in Richmond County, Georgia, 1st September, 1797. George Michael Deadrick deposes in Davidson County, Tenn., 31st March, 1800. John Lefevre's wife was Elizabeth, daughter of James Knight. George Michael was brother to David Deadrick, who was father of William H. Deadrick mentioned in will above. John Miller and John Cartmill vs. Hogg--O. S. 42; N. S. 14--Bill 12th May, 1804. James Hogg was eldest son and heir of Peter Hogg. Peter Hogg and ____ Bullett were joint owners of a large tract in Kenawha (formerly Greenbrier) called the Pocotalico tract. Peter died before 1787 intestate as to this tract. Copy of Peter Hog's will dated 5th October, 1773, codicil dated 10th November, 1777, proved in Rockingham 22d April, 1782. Loving wife, Elizabeth. Son James, 5,000 acres on the Ohio, part of 9,000 acres, this day conveyed to Gabriel Jones in trust for his children. Son Peter, 4,000 acres, part of above 9,000. Daughters Ann and Elizabeth. Sons to be sent to Edinborough under care of Peter's brother, Walter Hog, for education. Peter's father was James Hog of Edinborough. Codicil states that another son, Thomas, has been born. Mentions order of Council dated ____, 1773, for 3,100 acres allotted to Peter under Dinwiddie's proclamation; also 237 acres which Gen. Washington allowed Peter for the share of Duncan Furguson, his servant, enlisted as a drummer in his Company of the 1st Va. Regt. Sons are all infants at date of codicil. In 1786-1787 John Miller kept a store at Lewisburg. Thomas Christian vs. Wray--O. S. 54; N. S. 18--Bill, 23d July, 1803. Joseph Wray obtained a certificate by settlement right in Washington County (afterwards Russell), now Tazewell County. Joseph died intestate, leaving his son John Wray heir-at-law, who sold to orator. In 1799 John Wray lived in Kentucky. Joseph's widow deposes in Madison County, Ky. The land was on Clinch River called Indian Crick. John Ray deposes in Clermont County Ohio, where he then resided 18th February, 1806. Deed 26th September, 1794 by John Wray to Thomas Christian of Sumner County, territory south of the Ohio. William Lockhart deposes in Tazewell County 28th September, 1805; aged 27 years. Richard Oney deposes in Tazewell County 28th September, 1805; aged 50 years. John Hawkins deposes in Tazewell County, 28th September, 1805; aged 65 years. John Deskins deposes in Tazewell County 28th September, 1805; aged 31 years. James Brown deposes in Tazewell County 28th September, 1805; aged 50 years. Lawrence Murray deposes in Tazewell County 28th September, 1805; aged 53 years. Oliver Wynne deposes in Tazewell County 28th September, 1805; aged 36 years. Jane Davis vs. Rogers <I>et als.</I>--O. S. 56; N. S. 19. Jane is daughter of Archibald Clendennin who was killed by Indians in Greenbrier in 1763 with all his children except oratrix. Before his death he purchased the settlement right of George Lee. Archibald's widow Ann married John Rogers Jane is widow of ____ Davis. They were married before 25th March, 1775. John Rogers had sons Archibald and James Rodgers. Davis died in 1800. Bill filed July, 1803. John Rogers says he married widow of Archibald Clendennin in 1767. In 1772 he moved to Greenbrier. Davis and Jane married in 1774. Jas. Huston deposes he was brother-in-law to George Wilson, who claimed the tract before Clendennin. Donelly was also brother-in-law to Geo. Wilson. George Lee deposes, 1803, in Hardy County that in 1762 he held a settlement right to the land sold to George Wilson. Andrew Donnelly, Sr., deposes in Kenawha 1805. James Burnsides, Sr., deposes in Monroe County 1804. Clendennin was killed in 15th July, 1763. John Ewing of Gallia County, Ohio, deposes. Jane was married after Archibald's mother. She was born January or February, 1758. On 15th July, 1763, Jane and deponent (John Ewing) were taken prisoner by Indians and carried away. They were kept in the same nation, but not together, except on their journey to Pittsburg, where they were liberated 14th May, 1765. John Ewing was 76 years old when he was taken prisoner. James Calfee vs. Carter--O. S. 97; N. S. 33--Bill, 1805. Orator, James Calfee, is nephew of William Calfee, died 1801, very aged and without children. Orator and his brother William, now deceased, took care of him. He died April, 1801, testate, devising all his real estate to his wife, Mary. In 1805 Mary, aged 74, married George Carter. There is also a bill by James Calfee and William Calfee, executors of William Calfee, Jr., deceased. William, Jr., deceased, was nephew of William Calfee, Sr., late of Wythe County, who died 1801. Mary Carter answers she had made her will devising her estate to said James and William, John Hurst of Kentucky, and a niece, Miss Mary Carson, of Shenandoah. William Calfee's will, of Wythe County, dated 10th August, 1795. Wife, Mary; nephews, William and James Calfee, sons of his brother, John Calfee and Sarah, his wife. Proved in Wythe County 9th June, 1801. William Calfee's will of Wythe County, dated 16th September, 1801. Wife, Mary; devisees, John and Samuel Calfee; son, William; son, James; uncle, William; brother, James; daughter, Nancy Calfee; daughter, Elizabeth. Proved in Wythe County, 13th October, 1801. John Hurst was William Calfee, Sr.'s, nephew. Salvage vs. McDonald--O. S. 126; N. S. 44--Bill, 1804. Copy of mortgage dated 1st September, 1801, by John McDonald and Ann McDonald of Frederick to William Savage. Tract devised to grantors by Angus McDonald in 1775. Recorded in Superior Court for Frederick, Berkeley, &c., 29th September, 3d October, 1801. Maxwell vs. Pickens, &c.--O. S. 129; N. S. 45--Bill, 1807. Orator is James Maxwell of Tazewell County. In 1772 orator went from Botetourt, where he lived, to present Tazewell County to make a settlement. It was then a wilderness. He was in company with Samuel Walker. Found a tract with some improvements, viz: The foundation of a cabin, some rails split and some trees deadened. That night they fell in with a party of hunters, among them Uriah Stone, who claimed to have made the improvement, and orator purchased it, and the same year moved his family there and lived until 1784. In that time two of his daughters were killed by the Indians. William Ingles set up claim to the land and devised it to his daughter Rhoda, who married Bird Smith. Thomas Peery deposes in Tazewell County in 1809, that in 1772, when deponent went to that country, James Maxwell had made improvements on the lands and had corn growing in May. In 1781 or '82 Indians murdered two of Maxwell's daughters and Maxwell removed his family. James Peery deposes that he went to Tazewell with Major Maxwell. John Peery deposes that John Tollett moved from Georgia to New River. Thomas Witten deposes that he was on the land in 1771. Samuel Walker is about to remove out of the country and William Wynne is aged and infirm in 1807. Mathias Harman deposes, 1809 that when he first came to this country the land in dispute was called Ingles's Crabb orchard and there was an old improvement on it. This was in 1760. Henry Marrs deposes that he first knew Maxwell on the land in 1773 or 1774. About three weeks after murder of Maxwell's daughters, two of Robert Moffitt's sons were taken prisoners by Indians, and about a week after that the family of Capt. Thomas Inglis was taken out of Burk's Garden by Indians and depredations were committed until 1793. Daniel Harman, Sr., deposes 22d June, 1809, that about 49 years ago he was on a hunting expedition and camped on the land in dispute and took shelter in a small cabin built there, said to be Inglis's. Col. Inglis did not himself make the settlement, but it was made by his uncle, John Inglis. Joseph Hix deposes as above, that 44 years ago Col. Wm. Inglis told him that the land was his and he claimed it under his uncle, John Ingles. Lawrence Murry deposes as above, that 33 years ago he was in Wright's Valley at Uriah Stone's cabin. William Cecil deposes as above, that in or about 1771 he, in company with his brother and father, was on the disputed land. Deed dated 24th September, 1805, by John Tollett and Margaret of Tazewell County to Thomas Pickens: 200 acres by survey in 1753 part of Loyal Company's grant. Recorded in Tazewell, 24th September, 1805. Edward Ball vs. Jasper Ball's heirs--O. S. 131; N. S. 45--Bill, March, 1808. From Frederick. In August, 1802, Jasper Ball, orator's father, conveyed to orator certain lands in Frederick in consideration that orator should support him for life; another portion he directed to be laid off for orator's brother, William Ball, since deceased. Jasper died intestate (leaving children, viz: Orator, Sarah Conner, wife of Samuel Conner; Elizabeth wife of George Smith; Catherine, wife of William Foley, and Jasper Ball, infant, the only child of William Ball, deceased, who was son of Jasper, deceased. Robert Cunningham's administrator (Abraham Shobe), and Mark Grimes, vs. George Rennick--O. S. 133; N. S. 46--Bill, June, 1806. >From Hardy County. Robert Cunningham died testate, devising the land to his daughter, Nancy Cunningham, who married Mark Grimes. Appointed Isaac Cunningham an executor, who had since moved to Kentucky. James Cunningham vs. Jonathan Purcell--O. S. 133; N. S. 46--From Hampshire. John Decker deposes in Romney, 1806, that in 1750 he was born on the place in controversy. Peter Hull deposes, 1809, that Catharine, wife of Jonathan Purcell, had been dead over 6 years. Deed, 17th March, 1810, by Jonathan Purcell of Knox County, Indiana Territory, to James Cunningham of Hardy County: 210 acres on So. Branch. Recorded in Hampshire, 19th March, 1810. Deed 4th April, 1797, by Jonathan Purcell and Catharine of Hampshire to James Cunningham of Hampshire. Tract conveyed, 1772, by Fairfax to Charles Friend and conveyed to Jonathan by Gabriel Friend and Jane, his wife, by deed dated 10th March, 1796, having descended to Gabriel as heir-at-law to Charles. Recorded in Hampshire, 17th April, 1797. Deed 4th April, 1797, same parties to same parties. Deed 17th February, 1804, by Jonathan Purcell of Knox County, Indiana, to James Cunningham, Sr., of Hardy, conveys 291 acres in Hampshire, also 113 acres adjoining, also 400 acres. Proved in Hampshire, 16th April, 1804. Deed 17th February, 1804, by Henry Kuydendall of Ross County, Ohio, to Jonathan Purcell of Knox County, Indiana, 291 acres in Hampshire, also 113 acres, also 400 acres. Acknowledged in Jefferson County, Ky.; recorded in Hampshire, 16th April, 1804. Deed 17th February, 1804, by Moses Kuykendall, heir-at-law of Benjamin Kuykendall, and executor of his will, and Henry Kuykendall, son and executor of Henry Kuykendall of Bourbon County, Ky., 291 acres in Hampshire. Henry Kuykendall, Sr., deceased, was son of John Kuykendall. Acknowledged by Moses in Jefferson County, Ky.; recorded in Hampshire, 17th April, 1804. Deed 19th October, 1807, by Jonathan Purcell of Knox County, Indiana, to James Cunningham, Sr., of Hardy. Recorded in Hampshire, 19th October, 1807. Deed 8th September, 1807, by Henry Kuydenkall of Ross County, Ohio, and Betsey, his wife, to Jonathan Purcell of Knox County, Indiana. Recorded in Hampshire, 19th October, 1807. Deed 3d August, 1807, by Moses Kuykendall of Jefferson County, Ky., and Henry Kuykendall of Ross County, Ohio. Recorded in Hampshire, 19th October, 1807. Deed 19th October, 1807, Jonathan Purcell of Knox County, Indiana, to James Cunningham, Sr. Recorded in Hampshire, 19th October, 1807. Lamon vs. McDonald--O. S. 143; N. S. 49--Bill October, 1800. Complainants are, viz: George Lamon and Mary, his wife, late McDonald, daughter and co-heiress of Andrew McDonald, late of Berkeley County. Andrew died testate in 1799, leaving 3 sons, James, William and Andrew; a surviving daughter (oratrix), and a granddaughter named Hester Price; widow Hester. Andrew McDonald's will of Berkeley County. Wife Hestor; sons, William, James, Andrew; granddaughter, Hester Price; son-in-law, George Lemon. Dated 7th March, 1799. John R. Clarke Thomasville, GA