[The below was transcribed by Barbara Poythress Neal in August 2001, from one of the records found in Mecklenburg County, Virginia Circuit Court Records at the Library of Virginia, where this record has Index Number 1808-008. Square brackets enclose punctuation and comments that were added by this transcriber. The first block of info below is the index info about this record found online at the chancery court index on the Library of Virginia website.] Mecklenburg County, VA Circuit Court Records Index Number 1808-008 Plat? No LVA Reel Number: Not filmed Local Reel Number: Not filmed Image Number - Plaintiffs P1: JOSHUA SMITH ETC Defendants D1: HUTCHINS FERRELL Surnames: COLLIER FERRELL FOX HOLMES LARK POYTHRESS SMITH TAYLOR WRIGHT Wills: NONE Original Local Case Number: NONE SHEETS 1-2 are two sides of the same paper. SHEET 1 has the following information, which serves as a label after the document is folded up:] Smith Jo[?] vs Ferrell to be filed in the papers. This paper was filed the 13th day of May 1808[? Note that throughout this record the year's last digit is difficult to read; at times it looks more like 1806. 1808 is used since the more knowledgeable Library of Virginia staff has indexed it as a record from 1808.] [signed by] John Dortch SHEET 2, back of SHEET 1:] Whereas We Hutchins Ferrel [sic] of Mecklenburg Virginia and Joshua Smith of Franklin County[,] North Carolina do agree that said Smith shall be allowed untill [sic] next August Court to be holden in Mecklenburg County Virga., to take the deposition of Merideth Poythress & return said deposition to the aforesaid Court, but if said Smith shall not bring forward to the aforesaid Court the aforesaid deposition, then the said cause of Smith & Ferrell shall be heard & a final decree granted by the aforesaid Court. And whereas it is further agree'd that if said Smith shall at the aforesaid Court bring forward the aforesaid deposition, the aforesaid Ferrell shall be allowed untill [sic] November Court to take the depositions of William Collier and John Wright [Note: blank space here] to invalidate the testimony of said Poythress, but after next November Court no further indulgence shall be granted to either party. [signed by] H. Ferrell, L.S. [ornate circling around L.S.] [and] Joshua Smith, L.S. [L.S. is circled] Signed in presence of J.G. Baptist N. [or possibly W.] Baptist [SHEETS 3-4 are both sides of one piece of paper. SHEET 3:] Sir[,] Please take Notice that we on Monday the 9th of June next will proceed to the Deppossition [sic] of Mr. Meradith Poytross of Georgia[,] County of Scriven at the House of the sd Poytress, to be read as evidence in a suit of Chancery which we have defending in the County Court of Mecklenburg Virginia wherein Joshua Smith & others plaintiffs & Hutchin Ferrell Defendant at which time & place you May attend if you please [signed by] Joshua Smith [and] Capt. H. Ferrell [SHEET 4, back of SHEET 3:] I acknowledge the within Notice Test J.P. N. Meredith [signed by] H. Ferrell 13th May 1808[?] [SHEET 5 is quite confusing. From this photocopy it appears that a total of three pieces of paper were on the photocopier at once, with all three being of different sizes, and two of them being much smaller pieces than the one behind them. The smallest piece of paper is the most clear, but it obstructs view of the second small piece behind it, and both of those obstruct view of part of the larger piece behind them.] [SHEET 5's smallest piece of paper:] Mr. Joshua Smith Take notice that on Tuesday the 25th Inst. at the store house of Delowe[?] & Abernathy in Mecklenburg county I shall proceed to take the deposition of William Collier to be read as evidence in a suit instituted in chancery in the said county wherein yourself and others are plaintiffs and myself defendant at which time & place you may attend if you please. Yours respectfully H. Ferrell 12th Nov 1808[?] Mr. Joshua Smith [SHEET 5's next larger piece of paper may be another fold of the above piece. This is the most-obstructed piece on this photocopied sheet; in view are only some words from the top line and some words at the left edge, with the remainder being covered by the smaller piece, above. What is available of this one reads as follows, with dashes indicating covered material:] [on the top line:] The Cou--- --- --- --- --- Parham Lewis Parham, Seal Mark al--- ye that circum--- witnesses --- [something crossed out which may have read "Plts"] comm--- at se--- your d--- your se--- two or --- migh--- of Me--- witho--- return--- Baske--- Novem--- C--- [SHEET 5's largest piece of paper, which is partly obstructed by the two smaller pieces above, is viewable enough to determine that it is duplicated below as SHEET 8; therefore see below for full transcription of it.] [SHEET 6 is apparently the left side of a larger piece of paper, so that when folded this portion served as the label for the piece. Some of the paper is torn off and missing. What remains reads as follows:] ad Smith &al William Colliers depos retd Sealed the 25 day of Novr 1808[?] [and written perpendicular to the above, the paper is addressed to:] The Clerk Mecklenburg Court [and separate from that writing, written at the fold, to serve as a label when looking at one side of the folded-up piece:] Smith &al v Ferrell papers 1808 August dismissed on argumt with Costs [and across from the above, to serve as a label when looking at the other side of the folded-up piece:] Smith &al v Ferrell No. 8 [SHEET 7, which is the right side of the same large piece of paper as SHEET 6, above. The upper portion is torn, but readable as follows. Note that I have added question marks to the questions listed:] [Depo]sition of William [Collier] taken at the store [---] & Abernathy in the County of Mecklenburg on Tuesday [---] November 1808[?] in a suit chancery in the said Count[y] filed by Joshua Smith and others against Hutchens [Ferre]ll. The said William Collier being of lawful age and first sworn deposeth & saith that before this suit was brought he happened at the house of Hutchens Ferrell and saw Meredith Poythress there; and after a while Poythress observed that he understood Joshua Smith was about to sue Ferrell for some negroes, and that Smith had been to his house a few days past and wanted him to be a witness for him in the sd suit. Poythress observed that his reply to Smith was that he knew but little about it, but that he should be a better witness for Ferrell than him. Question by the deft. Did not [lined out: "Mrs. Lark app-"] Mr. Poythress say, that the negroes now in dispute (or at least two, George & Nell, of them) were at another plantation at the time he was at Frederick Colliers, and Mrs. Lark came there? Answer. Yes he did. Quest. Did not Poythress tell you that the negroes run away that night and went to Larks? Answer. Yes - and further I believe myself that they did for I staid [sic] there all night. Question. Did not Poythress tell you that Collier went off the next Morning (to Larks as he supposed) and shortly returned with the negroes? Answer. Yes he did. [SHEET 8, which from the distinctive torn edges is the back side of SHEET 7, above. Parts of the top line are torn away and missing. Again note that I have added question marks to the questions.] [---] by the pr[---] business at the house of Fred---k Collier [---] she was there with the waggon? Answer. She came there in the Morning [I] supposed to carry her daughter home [---] to prevent her from killing herself by drinking. Question. Did she demand anything but her daughter, or was there anything put in the waggon? Answer. Nothing but a chest that I recollect. Quest. Was you well acquainted with Mr. Robert Lark, and was he a man of punctuallity [sic]? Answer. I was intimately acquainted with him, and frequently worked for him & he allways paid me as soon as the work was done --, and as far as I know or believe that was his general character. [Lined out: "Quest. Did you underst"] [signed by:] Wm Collier The deposition of Samuel Holmes of lawful age and [duly?] sworn taken by consent who deposeth as followeth [---] Robert Lark was a man of honesty & punctuallity, who as far as this deponent knows or believes generally complied with such promises as he made. Question by the deft. Did you ever hear that Robert Lark advanced money to assist Frederick Collier in purchasing Pennington's Land? [Note: this is the bottom of that piece of paper; none of the other sheets copied in this record appear to be the continuation of this deposition of Samuel Holmes.] [SHEETS 9-10-11 are all from one large piece of paper. SHEET 9 is one side of it, which after folding was used as the outside; it bears the remainder of what appears to be a wax seal; one can see that the sealed paper had been addressed to:] William Baskerville, CCC of Mecklenburg, Virginia [Written perpendicular to the above address is the following, used as a label:] Smith &al v Ferrell Meredith Poythresses depos--- sealed 8 Aug 1806 No. 9 [Other folds in view bear the signatures of those who took the deposition in Georgia:] Joseph Reynolds JJC David Emanuel, J.P. [SHEET 10:] State of Georgia Scriven County By virtue of a Commission from the County Court of Mecklenburgh[sic] State of Virginia[,] to us Directed we have caused to come before us, Meridith Poythress[,] the person in the said Commission Named[,] who being duly sworn, Deposeth and Sayeth that Some time in the fall of the year 1792 he was at the House of Mr. Frederick Collier, where he had not been long before he Saw that there was Something that Disturbed Mrs. Ann Collier at which he felt uneasy, and the 1st Convenient opportunity Asked Mr. Frederick Collier the cause of his Wife's uneasiness. Said Colliers Answer was that the Devill had got into them all and that Mr. Robert Lark was going to send for his [Collier's] Wife Ann Collier, and every thing that came here with her[,] at which he says he says [sic] he felt uneasy and talked of going Home. Said Colliers reply was that they were all going to leave him and Said Deponant should stay all night with him and not for him the said Deponant to mind it, for all would be at Home in a Day or two again - in some short time after, he heard a Waggon Driving in the yard of the said Colliers, the Said Deponant says. That this Waggon was [the wagon of] Mr. Robert Larks and the wife of said Larks - Mary Larks - was with the Waggon and her Negro Man Dave, all which he was Acquainted with. This Dep[onan]t further sayeth that the said Mary Lark came into the House of the sd F. Colliers and after Talking awhile with the sd Ann Colliers[,] her Daughter[,] in a low tone of Voice immediately turns to the Sd Colliers and Says ["]Robert has sent Me for Ann and every thing that came here with her.["] Said Colliers reply was that ["]there it was, take it all and Carry it along["] this Deponant further sayeth that he stayed all Night with the sd Collier and in the Morning Mrs. Ann Collier was gon [sic] with some of Household Furniture and Certain Negroes, George and Nell, and the Said Collier said that he would go and Drive them all Home again. he Started off and the Next time the Sd Poythress says he saw Sd Colliers [SHEET 11:] Colliers [sic] he told him that he had got all back again & More too & further the Deponant sayeth not. Subscribed and sworn to, Before us this 9th Day of June 1806 Jos. Reynolds JJC, Seal D Emanuel JP, Seal [signed:] Meredeth poythress