Last fall, while in Clarksburg, I researched an old trial in chancery records. Understandably, due to genealogy thieves (yes, they do exist) - a courthouse employee is required to accompany researchers to the locked basement where these old records are kept in probate-size files (size of a regular envelope). The clerk pulls the file for you and must stand around while you look through it - which kind of puts the pressure on. There's no place for HER to sit, no place to copy items right there, no place for me to sit down & examine it well, no table - it was hard just to find an empty space to write in a notebook. It felt like a "hurry-up" situation. But the worst part was that when it came time to pull a file way up at the top - there was no way to get it. The aisles were blocked with file cabinets so that no ladder could go through. The clerk & I just couldn't figure out how to maneuver a ladder through the aisles - and I consider myself pretty resourceful. The courthouse sure could use an organizer - someone who can really "clean house" down there. Records are kept for resource purposes, so they should be accessible. Although I didn't get to see the final record - I did find notes that indicated the judgment in the case. Disappointing for me, I never learned the details of the trail itself. But the clerk said because the defendant got off - perhaps the records were nulled (thrown out). I keep thinking that the answers may still be up there in that top shelf. Is the Clerk of Courts in charge of preserving & organizing records? Not that I can throw stones - my files are in need of housekeeping, too! :) So, my question is: How much information could one normally expect to find in old trial records in Harrison County? Were there transcripts or at least summaries of what witnesses testified, etc.? Since newspapers seemed to be able to summarize such events, one would think that there would have been court stenographers, also. As a former private secretary, I know that shorthand has only been around since the late 1880s, but stenography existed before that... (not that I could personally verify that! ) - Sharon ________________________________ From: Paul Pettit <[email protected]> To: N.A. Jackson <[email protected]> Cc: [email protected] Sent: Mon, February 15, 2010 2:28:01 PM Subject: [HCGS] Chancery Court Records Nancy Thnaks you for posting this, I look forward to your Lewis County Index. Perhaps someone from HSGS might be able to tell us or find out if it is true about The office not pulling old files.. Thanks Paul ----- Original Message ----- From: "N.A. Jackson" <[email protected]> To: <[email protected]> Sent: Monday, February 15, 2010 10:25 AM Subject: [HCPD] What is a Chancery Court? > > I have been frequently asked what is a Chancery record. Today I found > these > two references that may help. I do not have a legal background but have > examined various Chancery records. If Dennis Rodgers or another lawyer > is > lurking I would hope they will chime in on this discussion and perhaps > refine my comments. > [1]http://archives.delaware.gov/collections/aghist/2816.shtml > > [2]http://www.lectlaw.com/def/c225.htm > > > Why are they important for genealogists? > > They frequently contain heirs, date-at least the year a person may have > died, partition of land, sometimes a will that was not recorded in a > will > book, history of the area, occupation of individuals, proximity of > neighbors. > > > Some components of a Chancery Record > > 1. The Bill where the plaintiff(s) states who they are and whom > they > are sueing (defendants > > 2. The Answer where the defendant responds to the plaintiff (s) > bill > > 3. Subpoenas > > 4. Depositions > > 5. In case of an estate settlement there will probably be a > commissioner assigned with a follow up report. Also, surveyors may be > appointed to partition off land to heirs. (Note: not all cases are > related > to estate settlement) > > 6. Judgement of the court > > > > Where do I find Chancery Records? > > I believe in most states they would be found in the Circuit Court > office. > > > Why can the files be so difficult to find in some counties? > > Example: They are not indexed in Lewis Co. (Soon a 1817-1850 index > compiled by me will be posted one the HCPD members only site) Before > you > would have to go to the order books and follow the course as it was > continued. I have examined cases that have gone on for 20-30 years. > > In Harrison County they are indexed. In the past you could go to the > index > books to find the file number and have the clerk pull the file. I have > been > told that now they no longer pull the old files. I have not checked > personally to see if this is true. > > > > Difficulty in Using the files > > > > The old files are handwritten and sometimes very difficult to deciper > especially the lettering. These old files are very fragile and > sometimes > torn. It has not been unusual for me to take several days analyzing > and > abstracting a file. It is very exhausting work but worthwhile. > > > > Enough for today. I am presently examining a file âJacob Minter heirs > vs. > Joseph Minter heirs and Josephâs suretiesâ This case was started in > 1843 I > believe and ended in 1869. I am a Minter descendant but have done > little > research on this family. I hope to compile an article on this case for > the > HCPD Journal. > > BTW Jacob Minter and his son Joseph Minter along with apprentice > carpenter > Washington Bailey were contracted abt. 1828 to build the Lewis County > Jail. > I will post some of my findings on the list soon âgoal is in the next > couple > days. > > References > > 1. http://archives.delaware.gov/collections/aghist/2816.shtml > 2. http://www.lectlaw.com/def/c225.htm > > > > > ************ > Do the readers and our archives a favor, please trim quoted messages. > ------------------------------- > To unsubscribe from the list, please send an email to > [email protected] with the word 'unsubscribe' without the quotes > in the subject and the body of the message ------------------------------- To unsubscribe from the list, please send an email to [email protected] with the word 'unsubscribe' without the quotes in the subject and the body of the message

Chancery jurisdictions heard equity cases. Since fundamental fairness was the point, descriptions of the contested issue are much fuller on all sides than in law cases and typically are presented in detailed (but of course one-sided) narratives by complainant and defendant and then chewed over in question-and-answer depositions by witnesses. I've never seen a more rewarding historical source in a courthouse. In Harrison County the circuit court chancery files survive but are stored in a locked attic. Indexes are shelved in the circuit clerk's record room and are easily consulted. Last I heard it was still possible to see the original files, but not to make photocopies; digital photogaphs were okay. Perhaps this is still the rule. I'll look into it. Some chancery cases would have been heard originally at the county (not circuit) court level. Alas, the county level chancery files are not to be found at the courthouse. David Houchin Special Collections CHPL ----- Original Message ----- From: "Sharon Bramhall" <[email protected]> To: "Paul Pettit" <[email protected]>; <[email protected]> Sent: Monday, February 15, 2010 11:23 PM Subject: Re: [HCGS] Chancery Court Records > Last fall, while in Clarksburg, I researched an old trial in chancery > records. Understandably, due to genealogy thieves (yes, they do exist) - > a courthouse employee is required to accompany researchers to the locked > basement where these old records are kept in probate-size files (size of a > regular envelope). The clerk pulls the file for you and must stand around > while you look through it - which kind of puts the pressure on. There's > no place for HER to sit, no place to copy items right there, no place for > me to sit down & examine it well, no table - it was hard just to find an > empty space to write in a notebook. It felt like a "hurry-up" situation. > > But the worst part was that when it came time to pull a file way up at the > top - there was no way to get it. The aisles were blocked with file > cabinets so that no ladder could go through. The clerk & I just couldn't > figure out how to maneuver a ladder through the aisles - and I consider > myself pretty resourceful. The courthouse sure could use an organizer - > someone who can really "clean house" down there. Records are kept for > resource purposes, so they should be accessible. Although I didn't get to > see the final record - I did find notes that indicated the judgment in the > case. Disappointing for me, I never learned the details of the trail > itself. But the clerk said because the defendant got off - perhaps the > records were nulled (thrown out). I keep thinking that the answers may > still be up there in that top shelf. > > Is the Clerk of Courts in charge of preserving & organizing records? Not > that I can throw stones - my files are in need of housekeeping, too! :) > > So, my question is: How much information could one normally expect to > find in old trial records in Harrison County? Were there transcripts or > at least summaries of what witnesses testified, etc.? Since newspapers > seemed to be able to summarize such events, one would think that there > would have been court stenographers, also. As a former private secretary, > I know that shorthand has only been around since the late 1880s, but > stenography existed before that... (not that I could personally verify > that! ) > > - Sharon > > > > > ________________________________ > From: Paul Pettit <[email protected]> > To: N.A. Jackson <[email protected]> > Cc: [email protected] > Sent: Mon, February 15, 2010 2:28:01 PM > Subject: [HCGS] Chancery Court Records > > Nancy > > Thnaks you for posting this, I look forward to your Lewis County Index. > > Perhaps someone from HSGS might be able to tell us or find out if it is > true about The office not pulling old files.. > > > Thanks > > Paul > > > > > ----- Original Message ----- > From: "N.A. Jackson" <[email protected]> > To: <[email protected]> > Sent: Monday, February 15, 2010 10:25 AM > Subject: [HCPD] What is a Chancery Court? > > >> >> I have been frequently asked what is a Chancery record. Today I found >> these >> two references that may help. I do not have a legal background but >> have >> examined various Chancery records. If Dennis Rodgers or another lawyer >> is >> lurking I would hope they will chime in on this discussion and perhaps >> refine my comments. >> [1]http://archives.delaware.gov/collections/aghist/2816.shtml >> >> [2]http://www.lectlaw.com/def/c225.htm >> >> >> Why are they important for genealogists? >> >> They frequently contain heirs, date-at least the year a person may have >> died, partition of land, sometimes a will that was not recorded in a >> will >> book, history of the area, occupation of individuals, proximity of >> neighbors. >> >> >> Some components of a Chancery Record >> >> 1. The Bill where the plaintiff(s) states who they are and whom >> they >> are sueing (defendants >> >> 2. The Answer where the defendant responds to the plaintiff (s) >> bill >> >> 3. Subpoenas >> >> 4. Depositions >> >> 5. In case of an estate settlement there will probably be a >> commissioner assigned with a follow up report. Also, surveyors may be >> appointed to partition off land to heirs. (Note: not all cases are >> related >> to estate settlement) >> >> 6. Judgement of the court >> >> >> >> Where do I find Chancery Records? >> >> I believe in most states they would be found in the Circuit Court >> office. >> >> >> Why can the files be so difficult to find in some counties? >> >> Example: They are not indexed in Lewis Co. (Soon a 1817-1850 index >> compiled by me will be posted one the HCPD members only site) Before >> you >> would have to go to the order books and follow the course as it was >> continued. I have examined cases that have gone on for 20-30 years. >> >> In Harrison County they are indexed. In the past you could go to the >> index >> books to find the file number and have the clerk pull the file. I have >> been >> told that now they no longer pull the old files. I have not checked >> personally to see if this is true. >> >> >> >> Difficulty in Using the files >> >> >> >> The old files are handwritten and sometimes very difficult to deciper >> especially the lettering. These old files are very fragile and >> sometimes >> torn. It has not been unusual for me to take several days analyzing >> and >> abstracting a file. It is very exhausting work but worthwhile. >> >> >> >> Enough for today. I am presently examining a file âJacob Minter heirs >> vs. >> Joseph Minter heirs and Josephâs suretiesâ This case was started in >> 1843 I >> believe and ended in 1869. I am a Minter descendant but have done >> little >> research on this family. I hope to compile an article on this case for >> the >> HCPD Journal. >> >> BTW Jacob Minter and his son Joseph Minter along with apprentice >> carpenter >> Washington Bailey were contracted abt. 1828 to build the Lewis County >> Jail. >> I will post some of my findings on the list soon âgoal is in the next >> couple >> days. >> >> References >> >> 1. http://archives.delaware.gov/collections/aghist/2816.shtml >> 2. http://www.lectlaw.com/def/c225.htm >> >> >> >> >> ************ >> Do the readers and our archives a favor, please trim quoted messages. >> ------------------------------- >> To unsubscribe from the list, please send an email to >> [email protected] with the word 'unsubscribe' without the quotes >> in the subject and the body of the message > > > ------------------------------- > To unsubscribe from the list, please send an email to > [email protected] with the word 'unsubscribe' without the quotes > in the subject and the body of the message > > > > > ------------------------------- > To unsubscribe from the list, please send an email to > [email protected] with the word 'unsubscribe' without the quotes > in the subject and the body of the message >

I could be wrong, but I seem to remember the Harrison County Chancery records being on microfilm at the WVU library. Perhaps it would be easier to view them there. I really enjoy spending time in the microfilm room at WVU. I could just get lost in all those old newspapers. Donna Pellegrin -----Original Message----- From: [email protected] [mailto:[email protected]] On Behalf Of Sharon Bramhall Sent: Monday, February 15, 2010 11:24 PM To: Paul Pettit; [email protected] Subject: Re: [HCGS] Chancery Court Records Last fall, while in Clarksburg, I researched an old trial in chancery records. Understandably, due to genealogy thieves (yes, they do exist) - a courthouse employee is required to accompany researchers to the locked basement where these old records are kept in probate-size files (size of a regular envelope). The clerk pulls the file for you and must stand around while you look through it - which kind of puts the pressure on. There's no place for HER to sit, no place to copy items right there, no place for me to sit down & examine it well, no table - it was hard just to find an empty space to write in a notebook. It felt like a "hurry-up" situation. But the worst part was that when it came time to pull a file way up at the top - there was no way to get it. The aisles were blocked with file cabinets so that no ladder could go through. The clerk & I just couldn't figure out how to maneuver a ladder through the aisles - and I consider myself pretty resourceful. The courthouse sure could use an organizer - someone who can really "clean house" down there. Records are kept for resource purposes, so they should be accessible. Although I didn't get to see the final record - I did find notes that indicated the judgment in the case. Disappointing for me, I never learned the details of the trail itself. But the clerk said because the defendant got off - perhaps the records were nulled (thrown out). I keep thinking that the answers may still be up there in that top shelf. Is the Clerk of Courts in charge of preserving & organizing records? Not that I can throw stones - my files are in need of housekeeping, too! :) So, my question is: How much information could one normally expect to find in old trial records in Harrison County? Were there transcripts or at least summaries of what witnesses testified, etc.? Since newspapers seemed to be able to summarize such events, one would think that there would have been court stenographers, also. As a former private secretary, I know that shorthand has only been around since the late 1880s, but stenography existed before that... (not that I could personally verify that! ) - Sharon ________________________________ From: Paul Pettit <[email protected]> To: N.A. Jackson <[email protected]> Cc: [email protected] Sent: Mon, February 15, 2010 2:28:01 PM Subject: [HCGS] Chancery Court Records Nancy Thnaks you for posting this, I look forward to your Lewis County Index. Perhaps someone from HSGS might be able to tell us or find out if it is true about The office not pulling old files.. Thanks Paul ----- Original Message ----- From: "N.A. Jackson" <[email protected]> To: <[email protected]> Sent: Monday, February 15, 2010 10:25 AM Subject: [HCPD] What is a Chancery Court? > > I have been frequently asked what is a Chancery record. Today I found > these > two references that may help. I do not have a legal background but have > examined various Chancery records. If Dennis Rodgers or another lawyer > is > lurking I would hope they will chime in on this discussion and perhaps > refine my comments. > [1]http://archives.delaware.gov/collections/aghist/2816.shtml > > [2]http://www.lectlaw.com/def/c225.htm > > > Why are they important for genealogists? > > They frequently contain heirs, date-at least the year a person may have > died, partition of land, sometimes a will that was not recorded in a > will > book, history of the area, occupation of individuals, proximity of > neighbors. > > > Some components of a Chancery Record > > 1. The Bill where the plaintiff(s) states who they are and whom > they > are sueing (defendants > > 2. The Answer where the defendant responds to the plaintiff (s) > bill > > 3. Subpoenas > > 4. Depositions > > 5. In case of an estate settlement there will probably be a > commissioner assigned with a follow up report. Also, surveyors may be > appointed to partition off land to heirs. (Note: not all cases are > related > to estate settlement) > > 6. Judgement of the court > > > > Where do I find Chancery Records? > > I believe in most states they would be found in the Circuit Court > office. > > > Why can the files be so difficult to find in some counties? > > Example: They are not indexed in Lewis Co. (Soon a 1817-1850 index > compiled by me will be posted one the HCPD members only site) Before > you > would have to go to the order books and follow the course as it was > continued. I have examined cases that have gone on for 20-30 years. > > In Harrison County they are indexed. In the past you could go to the > index > books to find the file number and have the clerk pull the file. I have > been > told that now they no longer pull the old files. I have not checked > personally to see if this is true. > > > > Difficulty in Using the files > > > > The old files are handwritten and sometimes very difficult to deciper > especially the lettering. These old files are very fragile and > sometimes > torn. It has not been unusual for me to take several days analyzing > and > abstracting a file. It is very exhausting work but worthwhile. > > > > Enough for today. I am presently examining a file âJacob Minter heirs > vs. > Joseph Minter heirs and Josephâs suretiesâ This case was started in > 1843 I > believe and ended in 1869. I am a Minter descendant but have done > little > research on this family. I hope to compile an article on this case for > the > HCPD Journal. > > BTW Jacob Minter and his son Joseph Minter along with apprentice > carpenter > Washington Bailey were contracted abt. 1828 to build the Lewis County > Jail. > I will post some of my findings on the list soon âgoal is in the next > couple > days. > > References > > 1. http://archives.delaware.gov/collections/aghist/2816.shtml > 2. http://www.lectlaw.com/def/c225.htm > > > > > ************ > Do the readers and our archives a favor, please trim quoted messages. > ------------------------------- > To unsubscribe from the list, please send an email to > [email protected] with the word 'unsubscribe' without the quotes > in the subject and the body of the message ------------------------------- To unsubscribe from the list, please send an email to [email protected] with the word 'unsubscribe' without the quotes in the subject and the body of the message ------------------------------- To unsubscribe from the list, please send an email to [email protected] with the word 'unsubscribe' without the quotes in the subject and the body of the message