RootsWeb.com Mailing Lists
Total: 1/1
    1. [VAAMHERS] Chancery Records regarding GEORGE & CAROLINE (STOVALL) STAPLES vs ARCHELAUS MITCHELL and heirs (ca 1803)
    2. Debbie Ullom
    3. *Note: I believe that the JOHN MITCHELL listed in this document is the one who married ELIZABETH "BETSEY" HARDWICK (marriage bond 12/29/1783 in Bedford county; surety: JEREMIAH TAYLOR). Known children of JOHN & ELIZABETH (HARDWICK) MITCHELL: ZACHARIAH, GEORGE W, HARRIET "HARRY" ANN, and LEE ROY "LEROY" Amherst County, VA Chancery Records 1804-1820 ====================================================== To the Worshipfull Court of Amherst County in Chancery sitting humbly complaining herewith unto your Worship your Orator and Oratrix GEORGE S STAPLES and CAROLINE his wife Late CAROLINE STOVEALL. That your Oratrix is the Heir at Law of GEORGE STOVEALL deceased who died Intestate some time in the year ________ possessed of considerable personal Estate that a certain ARCHELAUS MITCHELL some time after the Death of the said GEORGE STOVEALL obtained letters of administration on the Estate aforesaid and took upon himself the burthen(?) and administration of the Estate aforesaid and by virtue thereof possessed himself of all the personal Estate Goods and effects of the said GEORGE STOVEALL to the amount of ___ and upwards that at the time the said ARCHILAUS MITCHELL took upon himself the burthen(?) and administration of the Estate aforesaid there were considerable Debts due to the Intestate and amongst the rest a Debt due from CHARLES ELLIS and WILLIAM HEYLES and another from WILLIAM HARISSON and THOMAS POWELL both for a considerable Quantity of Tobacco that suits were Instituted by the administration for the recovery of the above mentioned Debts and Judgments obtained on which Judgments executions were served and returned "satisfied" that the Execution against CHARLES ELLIS and WILLIAM HAYLES issued on the 8th of Septr 1786 for twelve hundred pounds of Crop Tobacco of the Richmond Inspection also three pounds ten shillings currency to be discharged by the payment of fourteen hundred and fifty pounds of the abovementioned Tobacco and one pound fifteen shillings currency with Intrust from the 18th day of July 1785 and costs one hundred and fifty one pounds of Tobacco and fifteen shillings. That the Executions against RICHARD HARRISON and THOMAS POWELL issued on the 3rd day of Jany 1786 for two thousand four hundred pounds crop Tobacco of the Richmond or Manchester Inspections to be discharged by the payment of 83 lbs of the aforementioned Tobacco with Intrest on 1200 lbs of Tobacco from the first day of January 1784 to the 2nd of May 1785 also Intrest on the aforesaid 83 lbs of Tobacco from the 2nd day of May 1785 till paid and costs 268 ______ and fifteen shillings all of which will more fully and at large appear by a fefference to the Execution book of this Worshipfull Court to which your Orator & Oratrix for greatin(?) certainty beg heard to refer and prays that it may be taken as part of this their bill that your Orator & Oratrix are assured and believe that the several Quantities of Tobacco and the several sums of money aforementioned were paid to the said ARCHILAUS MITCHELL who has never accounted for any part thereof as he should have done as no part thereof has ever been distributed in paying the Debts of the said Estate and your Orator and Oratrix have reason to believe that the said ARCHILAUS MITCHELL appropriated the same to his own private uses and did without ever having accounted for the same either with your Orator or Oratrix or any other person entitled to a distribution of the Estate and Effects of the said Intestate. That the said ARCHILAUS MITCHELL is now dead and that his Estate has been divided amongst his children namely THOMAS MITCHELL, JOHN MITCHELL, ARCHELAUS MITCHELL, BOLLING MITCHELL, POLLY MITCHELL now the wife of JOHN B TRENT, SALLY MITCHELL now the wife of SAMUEL BELL, STELLA MITCHELL now the wife of WM JONES, LUCY MITCHELL now the wife of SAML HILL all of whom are herein after called defendants that your Orator and Oratrix have frequently applied to have the aforesaid Tobacco & money paid or secured to them in the life time of the aforesaid ARCHELAUS MITCHELL which your Orator and Oratrix hoped he would have complied with without suit as in conscience he ought to have done and that since the Death of the said ARCHELIUS MITCHELL your Orator and Oratrix have applied to the said THOMAS MITCHELL, JOHN MITCHELL, ARCHILEUS MITCHELL, BOLLING MITCHELL, JOHN B TRENT & POLLY his wife, SAML BELL and SALLY his wife, WM JONES and STELLA his wife, and SAML HILL and LUCY his wife to have the money and Tobacco aforesaid paid or satifactorally secured to your Orator and Oratrix which request your Orator & Oratrix hoped they would have complied with as in conscience they ought to have done. But now so it is may it please your worship That the said THOMAS MITCHELL, JOHN MITCHELL, ARCHILAUS MITCHELL, JOHN B TRENT and POLLY his wife, BOLLING MITCHELL, SAML BELL & SALLY his wife, WM JONES and STELLA his wife, and SAML HILL and LUCY his wife whom your Orator & Oratrix prays may be made Defendants ereto with apt words to charge them combining and confederating with divers other persons to your Orator and Oratrix unknown whose names when discovered they pray may be herein inserted with apt words to charge them do now absolutely refuse to pay or secure to your Orator and Oratrix the several sums of money and Quantities of Tobacco above mentioned and the said Defendants and confederates do respectively refuse to set forth and discover what Quantity of Tobacco and how much Money came to the hands of the said ARCHILAUS MITCHELL decd as aforesaid all which actings and doings of the said confederates are contrary to Equity and good conscience and tend to the manisfest(?) wrong injury and opprission of your Orator and Oratrix. In Tender consideration whereof and for as much as your Orator & Oratrix are remideless(?) in the premisses by the rules of the common Law but are properly reliable in a court of Equity when matters of this sort are properly cognizable. To the end therefore that the said confederates may on their corporal oaths full true perfect and direct answers make to all and singular the matters or things herein before charged or contained as if the same were herein again more particularly repeated and interogated and especially that they may respectively set forth and discover whether the said ARCHLIUS MITCHELL was not the administrator of the said GEORGE STOVEALL deceased and whether he was not possessed of the whole Estate and effects of the said decd and whether he did not recieve the Quantities of Tobacco and the sums of Money before mentioned and whether they were appropriated to the use of the said ARCHILEUS MITCHELL or to the use of the Estate of the said GEORGE STOVEALL deceased whether the said ARCHILIUS MITCHELL is not now dcesd and whether the children above mentioned are not in possession of his Estate whether any part of the Tobacco and money above mentioned has ever been paid to your Orator & Oratrix to state what that part was and whether the said ARCHLEUS MITCHELL in his lifetime and the said confederates since his Death have not yet refused to pay or secure to your Orator and Oratrix any part of the Tobacco and money aforementioned and that the said confederates may admit that assest of their said Intestate came to their hands sufficient to pay the demands of your Orator & Oratrix and which are subject thereto or may otherwise set forth a particular account of the personal Estate Goods & effects of the said ARCHILEUS MITCHELL the particullars whereof the same consisted and the value thereof and how much thereof they have applied in discharge of his Debts and whether they have not yet in their hands the effects of the said ARCHILAUS MITCHELL which ought to be liable to the demand of your Orator and Oratrix or that your Orator and Oratrix may have such other and further relief on the Premisses as the nature of the case will require & as to your Worship may seem must may it please your Worship to grant to your Orator and Oratrix the commonwealths most gracious writ of subpeona. Signed - WM B BANKS for the complainant ======================================================= ARCHELUS MITCHELL, administrator of GEORGE STOVAL deceased (Pltf) vs CHARLES ELLIS & WILLIAM HAYNES (Defts) Execution issued the 8th of September 1786 for 2900 lbs Crop Tobo of the Richmond Inspection also L3"10 currency to be discharged by the payment of 1450 lbs of the within mentioned tobacco & L1"15 currency with interest from the 18th of July 1785 til paid & costs 151 lbs tobo & 151 ____ which Exon was thus returned "Satisfied". Signed - J CRAWFORD DS Extract from Exon Book Teste W S CRAWFORD Ck ====================================================== GEORGE STOVALL administrator (Plr) against RICHARD HARRISON & THOMAS POWELL (Defts) Exon(?) issued the 3rd of January 1786 for 2400 lbs crop tobo of the Richmond or Manchester Inspection to be discharged by the payment of 83 pounds aforesaid tobo with interest on 1200 lbs tobo from the 1st of January 1784 to the 2nd of May 1785 also interest on the aforesaid 83 pounds tobo from the 2nd May 1785 til paid & costs 268 lbs tobo 3f & 15f which said Exon was thus returned "Executed 22nd February 1786 & the said HARRISON with FRANCIS LEE his security replayed(?)" Signed - J CRAWFORD D Extract from Exon Book Teste W S CRAWFORD Clk ====================================================== The Commonwealth of Virginia to the Sheriff of Amherst county Greeting. You are hereby commanded to summon ARCHELUS MITCHELL, THOMAS MITCHELL, JOHN MITCHELL, BOLLING MITCHELL, JOHN B TRENT, & PATSY his wife, SAMUEL BELL & SALLY his wife, and WILLIAM JONES and STELLA his wife to appear before the Justices of our County court of Amherst at the Court House on the 3rd Monday in March next to answer a Certain Bill in Chancery exhibited against them by GEORGE G STAPLES and have them there this Writ. Witeness WM S CRAWFORD Clerk of our said Court the 23rd day of February 1803 and in the 27th year of the Commonwealth. Signed W S CRAWFORD ====================================================== The Commonwealth of Virginia to the Sheriff of Rockbridge County Greeting. You are herby commanded to summon ARCHELAUS MITCHELL, THOMAS MITCHELL, JOHN MITCHELL, BOLLING MITCHELL, JOHN B TRENT and POLLY his wife, SAMUEL BELL and SALLY his wife, WILLIAM JONES & STELLA his wife, SAMUEL HILL and LUCY his wife, to appear before the Justices of our County Court of amherst at the Court House in chancery sitting on the third Monday in May next to answer a certain bill in Chancery exhibited against them by GEO S STAPLES and CAROLINE his wife, late CAROLINE STOVAL, and this they shall in no will omit and have then there this Writ. Witness W S CRAWFORD Clerk of Our said Court at the Ct House the 22nd Day of March 1803 in the 27th year of the Commonwealth. Signed - W S CRAWFORD ------------------------------------------------------ GEORGE S STAPLES et al vs ARCHELAUS MITCHELL and others supa in Chancery to be executed such of the Defendants as live in Rockbridge ARCHER MITCHELL, JOHN B TRENT, & BOLLING MITCHEL Exd on ARCHELAUS MITCHELL, BOLLING MITCHELL, JOHN B TRENT & POLLY his wife T WAYT as for JAMES CARUTHERS S.R.C. ====================================================== The Commonwealth of Virginia, to the Sheriff of Amherst county, greeting: You are as before commanded to Summon ARCHELUS MITCHELL, THOS MITCHELL, JNO MITCHELL, BOLLING MITCHELL, JNO B TRENT & PATSEY his wife, SAML BELL & SALLEY his wife, & WM JONES & STELLA his wife to appear before the Justices of our court of Amherst county at the courthouse on the 3rd Monday in May next to answer a certain bill in Chancery exhibited against them by GEORGE G STAPLEZ. And this they shall in no wise omit, and have then there this Writ: witness W S CRAWFORD Clerk of our said court, at the courthouse, the 29th day of March 1803 and in the 27th year of the Commonwealth. Signed - W S CRAWFORD ------------------------------------------------------ Executed on THOMAS MITCHEL, SAML BELL & SALLEY his wife not executed on the other Defendants Signed - WILL CAMDEN DS for WM WARE Sheriff ====================================================== GEORGE S STAPLES, who married CAROLINE STOVAL the daughter of GEORGE STOVALL decd who died intestate, some time in the year ____ vs THOMAS MITCHELL, JOHN MITCHELL, ARCHILAUS MITCHELL JR, JOHN B TRENT and PATTY his wife, BOLLING MITCHELL, SAMUEL BELL and SALLY his wife, WILLIAM JONES and STELLA his wife supa in Chancery to ucover(?) the quantity of Tobo used by their intestate, the property of GEORGE STOVAL decd, SAMUEL HILL who married LUCY MITCHELL The Commonwealth of Virginia, to the Sheriff of Amherst county, greeting: You are as before commanded to Summon ARCHELUS MITCHELL, THOMAS MITCHELL, JOHN MITCHELL, BOLLING MITCHELL, JNO B TRENT & PATSEY his wife, SAML BELL & SALLEY his wife, & WM JONES & STELLA his wife to appear before the Justices of our court of Amherst County at the courthouse on the 3rd Monday in August next to answer a certain bill in Chancery exhibited on them by GEORGE S STAPLES & CAROLINE his wife And this they shall in no wise omit, and have then there this Writ: witness W S CRAWFORD Clerk of our said court, at the courthouse, the 23rd day of May 1803 and in the 27th year of the Commonwealth. Signed - W S CRAWFORD ------------------------------------------------------ STAPLES & wife vs MITCHELL etal Memo This precept is to be executed on JNO MITCHELL & WM JONES & STELLA his wife only. Signed - W S CRAWFORD July the 8th executed on WM JONES & STILLEY his wife Signed - WILL CAMDEN DS for WM WARE Sheriff ====================================================== The Commonwealth of Virginia to the Sheriff of Amherst county Greeting: You are hereby commanded to attach ARCHELUS MITCHELL, THOMAS MITCHELL, BOLLING MITCHELL, JNO B TRENT & PATSEY his wife, SAML BELL & SALLY his wife, & SAML HILL who married LUCY MITCHELL so that you have their bodies before the Justices of our County Court of Amherst at the court house on the 3rd Monday in August next to answer as well of a certain contempt by them to us offered as upon those things which to them shall then & there be objected & further to do & receive what our said court shall in that part considers and this they shall in no wise omit and have then there this Writ: Witness W S CRAWFORD clerk of our said Court the 27th June 1803 in the 28th year of the Commonwealth. Signed - W S CRAWFORD ------------------------------------------------------ Executed on THOMAS MITCHEL, SAML BELL, SAML HILL & JOHN B TRENT Signed - WILL CAMDEN DS for WM WARE Sheriff For not appearing & answering a certain bill in Chancery exhibited on them by GEO G STAPLES & CAROLINE his wife, late CAROLINE STOVALL in this court Signed - W S CRAWFORD ====================================================== To the worshipfull the justices of Amherst County in Chancery sitting. The joint answers of THOMAS MITCHEL, SAMUEL HILL how intermarried with LUCY MITCHEL & WILLIAM JONES who married STELLA MITCHEL to a bill of complaint exhibited by GEORGE STAPLES & CAROLINE his wife, late CAROLINE STOVALL in this worshipful Court against themselves & others. These respondents now & at all times hereafter saving & reserving to themselves all kind of exceptions to the many errors, uncertainties, imperfections, & untruths, in complainants bill contained; for answer thereunto as so much thereof as they know or believe, or advised material they answer today - that NANCY MITCHEL entermarried with GEORGE STOVAL & had issue one daughter (by name CAROLINE) as in the bill stated, & then departed this life Intestate as your respondents believe, - that the said GEORGE STOVALL departed this life possessed of some estate, but to what amount is not recollected or known by these respondents - that your respondents have always understood & verily believe that after the death of the said GEORGE STOVALL - the said NANCY his widow & relict administrix upon her decd husbands estate, & gave ARCHELAUS MITCHEL now decd her security for the same who thereupon took upon herself the burden & due administration of the effects left by the said GEORGE decd - that these respondents know nothing of their own knowledge about the statements in the bill as to the debts due to the Intestates estate from CHARLES ELLIS, WM HAYLES, WM HARRISON & THOMAS POWELL or either of them - or whether suits were ever brought for the same - that if NANCY STOVALL be the administratix of her intestate husband (GEORGE) - your respondents are impressed with a belief that: that if the Tobo & money mentioned in the complainants bill was ever sued for, recovered and paid that it must have been paid to the said NANCY the legal representative of the decd (GEORGE) or to JEREMIAH TAYLOR, who has since the death of the said GEORGE STOVALL married his widow, & thereby taken upon himself the burden of the administration in right of his wife - that these respondents do not believe that ARCHELAUS MITCHEL complained of in the bill, ever disposed of or made use of any part of the said decedants estate without accounting for the same, & call upon the complainants to establish the facts as stated - that when the said JEREMIAH TAYLOR marreid the sadi administratix - that he was possessed of the effects of the decedant, & to what use or purposes he may have applyed them is unknown to these respondents - It is true that ARCHELAUS MITCHEL has departed this life, leaving issue as stated in the bill, & leaving an estate which has been divided among the said Legatees - but deny that the complainants ever called upon these resopndents for a Liquidation & settlement of the claim in their bill mentioned - nor do they believe application was ever made to ARCHILAUS MITCHEL in his lifetime to that effect, because the complainants have long since the death of the said ARCHELAUS MITCHEL entermarried - Your respondents further answering say that they have always understood in the lifetime of the said ARCHELAUS MITCHEL (after JEREMIAH TAYLOR married the administratrix) taht him the said JEREMIAH indemnified the said ARCHELAUS MITCHEL that he would save him harmless, as to his securityship to his wife the administratrix, as he was then the legal administrator in right of his said wife - that these respondents have understood & they verily believe that the complainants have lately settled up with the said JEREMIAH TAYLOR administrator as aforesaid & have given him a receit in full on account of his administratorship altho they are herassing these respondents - These respondents believe the claim made by the complainants against them as legatees of ARCHELAUS MITCHEL decd to be unjust & inequitous & should not be permitted by any means that they have answered as far as they know or believe - that they deny combination with any person or persons to the injury of the complainants in any manner or shape whatever - & pray hence to be dismissed with their costs, about this suit do unjustly expended. Signed - THOMAS MITCHELL, SAML HILL, WILLIAM JONES Campbell JC This day personally appeared before me THOS HUMPHREYS a justice of the peace for the county aforesaid THOMAS MITCHEL, SAMUEL HILL & WM JONES & made oath as the law directs that the foregoing answer so far as it respects themselves contains the truth & so far as respects others they believe it to be true - Given under my hand this 13th day of August 1803. Signed-THOS HUMPHREYS ====================================================== The Commonwealth of Virginia to the Sheriff of Amherst county Greeting: You are hereby commanded to attach ARCHELUS MITCHELL, THOS MITCHELL, BOLLING MITCHELL, JNO B TRENT & PATSEY his wife, SAML BELL & SALLEY his wife, SAML HILL who married LUCY MITCHELL, & WM JONES & STELLA his wife so that you have their bodies before the Justices of our County Court of Amherst at the court house on the 3rd Monday in Novr next to answer us as well of a certain contempt by them to us offered as upon those things which to them shall then & there be objected & further to do & receive what our said court shall in that part considers & this they shall in no wise omit and have then there this Writ: Witness W S CRAWFORD clerk of our said Court the 22nd day of Aug 1803 in the 28th year of the Commonwealth. Signed - W S CRAWFORD ------------------------------------------------------ For not appearing & answering a certain bill in Chancery exhibited on them by GEO G STAPLES & CAROLINE his wife late CAROLINE STOVALL in this Court Signed - W S CRAWFORD Clk Memo: This precept is not to be issued on THOS MITCHELL, SAML HILL, & WM JONES. Signed - W S CRAWFORD Not Executed as to the other defendants. Signed - WILL CAMDEN DSheriff for WM WARE Sheriff ====================================================== The Commonwealth of Virginia to the Sheriff of Amherst county Greeting: You are hereby commanded as before commanded to attach ARCHELUS MITCHELL, THOS MITCHELL, JNO MITCHELL, BOLLING MITCHELL, JNO B TRENT & PATSEY his wife, SAML BELL & SALLY his wife, & WM JONES & STELLA his wife so that you have their bodies before the Justices of our County Court of Amherst at the court house on the 3rd Monday in March next to answer us as well of a certain contempt by them to us offered as upon those things which to them shall then & there be objected & further to do & receive what our said court shall in that part considers & this they shall in no wise omit and have then there this Writ: Witness W S CRAWFORD clerk of our said Court the 29th Nov 1803 in the 28th year of the Commonwealth. Signed - W S CRAWFORD ------------------------------------------------------ Not Executed Signed - WILL CAMDEN DS for WM WARE Sheriff Memo: This precept is not to be served on THOS MITCHELL, SAML HILL, & WM JONES it being formerly served on them. Signed - W S CRAWFORD Clk For not appearing & answering a certain Bill in Chancery exhibited on them in this courth by GEO G STAPLES Signed - W S CRAWFORD Clk ====================================================== The Commonwealth of Virginia to the Sheriff of Amherst county Greeting: You are hereby commanded, as often as you have heretofore been commanded that you attach ARCHELUS MITCHELL, THOMAS MITCHELL, BOLLING MITCHELL, JNO B TRENT & PATSEY his wife, SAML BELL & SALLY his wife, SAML HILL who married LUCY MITCHELL, & WM JONES & STELLA his wife so that you have their bodies before the Justices of our County Court of Amherst at the court house on the 3rd Monday in August next to answer us as well of a certain contempt by them to us offered as upon those things which to them shall then & there be objected & further to do & receive what our said court shall in that part may consider & this they shall in no wise omit and have then there this Writ: Witness W S CRAWFORD clerk of our said Court the 29th day of May 1804 in the 28th year of the Commonwealth. Signed - W S CRAWFORD ------------------------------------------------------ Not Executed Signed - WILL CAMDEN DS for WM WARE Sheriff For not appearing & answering a certain bill in Chancery exhibited against them by GEO G STAPLES & CAROLINE his wife formerly CAROLINE STOVALL Signed - W S CRAWFORD CAC Memo: This precept is not to be issued on the Defts THOS MITCHELL, SAML HILL, & WM JONES it being formerly served as to them. Signed - W S CRAWFORD CAC ====================================================== The Commonwealth of Virginia to the Sheriff of Amherst County Greeting We command you that you attach ARCHELAUS MITCHELL, THOS MITCHELL, BOLLING MITCHELL, JNO B TRENT & PATSEY his wife, SAML BELL & SALLY his wife, SAML HILL who married LUCY MITCHELL, & WM JONES & STELLA his wife late STELLA MITCHELL so that you have their bodies before the Justices of our County Court of Amherst at the Court House on the third Monday in November next to answer us as well of a certain contempt by them to us offered as upon those things which to them shall then & there be objected, and further to do & receive what our said Court in that part may consider & this you shall in no wise omit: and have them there this Writ: Witness WILLIAM S CRAWFORD Clerk of our said Court the 26th day of August 1804 and in the 29th year of the Commonwealth. Memo: this precept is not to be served on THOS MITCHELL, SAML HILL, & WM JONES it being formerly executed as to them. Signed - W S CRAWFORD Clk ------------------------------------------------------ Executed on THOMAS MITCHELL, SAML HILL, SAML BELL, JOHN B TRENT and WM JONES and STELLEY his wife not executed on the other Defendants BOLLING MITCHELL & ARCHELUS MITCHELL they not being inhabitants of my Bailiwisk(?) Signed - WILL CAMDEN DS for WM WARE Sheriff For not appearing & answering a certain bill in Chancery exhibited on them in this County by GEO S STAPLES & CAROLINE his wife formerly CAROLINE STOVALL Signed - W S C Clk

    08/21/2009 07:36:48