Charlotte County Court Orders Book 10
Submited by Tom McCargo 23 April 1999
COURT ORDERS - CHARLOTTE COUNTY, VA
BOOK TEN 1794 - 1794
1 December, 1794
Page 1 An Indenture between William Callicott and William Brezindine, of the
one part and James Callicott,
was acknowledged by the said Callicott and Brizendine to be their several acts
and deeds and Elizabeth, the
wife of the said William Callicott, she being first examined according to law,
relinquishes her right of dower to
the land conveyed by her husband in the indenture.
2 February, 1795
Pg 15 John Rawlins is appointed surveyor of the road, whereof Loyd Portwood
was late survey, and it is
ordered that he, with the usual hands that work the road under the said
Portwood, do clear and keep the same
in repair.
7 April, 1795
Pg 44 Charles Webster and John Sullivant - on petition by note
It appearing by the Sheriff's return, that the defendant is not an inhabitant of
the county, this petition abates.
4 May, 1795
Pg 45 Hugh Wyllies and John Sullivant - in debt
This day came the as well the ptlf by his atty as the defendant into court in
proper person
Page 46 James Callicott, Plaintiff vs William Fleming and William Callicott,
Defendants - a suit
in debt
Richard Brizendine came into court and undertook for the defendants etc.
Motion of the defendants
by their atty, who plead payment, to which the plaintiff replied generally. It
is ordered that the judgement
obtained in the office against the defendants and Chastain Cocke, security for
the appearance of the defendant
Fleming, be set aside
Pg 49 Walter Bennett vs Nathaniel Rogers, exor of Thos Rogers - case
Jury includes John McCargo
1 June, 1795
Pg 64 On the motion of Jeremiah Miller, license is granted him to keep and
ordinary at his house .... Miles
Bottom, his security.
Pg 65 On the motion of Richard Davenport, his earmark of cattle, hogs, etc,
a swallow-fork and undercut in
the right ear, and a crop and slit in the left.
Pg 67 An indenture with memorandum endorsed between John McCargo of the one
part, and Robert
McCargo of the other, is acknowledged by the said McCargo to be his act and
deed, and ordered to be
recorded
6 July, 1795
Pg 73
At a court held for the county Levy -
by 3678 tithables @ 18 cents per poll.............. 662.04
4 August, 1795
Pg 78 (The Court appoints processioners, Loyd Portwood & Thomas Portwood
are appointed to continue
, as are James Howard and Miles Bottom. This also includes):
Edmund Dunn and Levi Blankinship from where the old Court House Road
crosses the Mecklenburg
County line, up that to Clements, by Kings Road , to Tomasons old place, and by
that to the beginning
Pg 80 Emanuel Almond vs Richard Grossand and William Armistead
Jury includes John McCargo
Pg 81 John Peter Matthews assignee of William Williams vs Stephen Bedford -
Debt
Jury includes Robert McCargo
William Lee vs Joseph Ward - debt
Foreman of the jury is John McCargo
Pg 83 William Rowton vs Mary Rowton , Thomas Harvey and Benjamin Marshall -
defendants in
chancery
On the motion of the plaintiff by his atty, It is ordered that, the rule
judgement obtained in the office for a
dismission for the want old a bill, be set aside and that the cause be sent back
to the rules.
7 September, 1795
Pg 93 It is ordered that Thomas Pettus, Joseph Pearson, Levy Blankinship,
and Ambrose Haley... appraise
in current money the ...estate of Ambrose Lea dec'd
5 October, 1795
Pg 105 Hugh Wyllie vs John Sullivant & Adam Levan upon a motion on a delivery
bond ... the defendants being
called and not appearing etc.
7 November, 1795
pg 108 Grand jury summonsed includes Thomas Ligon
7 December, 1795
Pg 125 James Simpkins is appointed surveyor of the road whereof William Page
was late surveyor .. same
hands, together with the male laboring tithables belonging to Raymond
Blankinship, Thomas Haley and John
Vaughn etc.
7 March, 1796
Pg 139 Grand Jury includes John McCargo
9 March, 1796
pg 151 Samuel Rogers , assignee of Patrick Henry, vs Elizabeth Ford, William
Roach, Abner Ford,
& Thomas Ford - a suit in debt
Jury includes Clement Sullivant and finds for the plaintiff.. œ 59, 6
shilling, 2 pence, with interest from
1 April 1794
Pg 152 On the motion of Clement Sullivant, witness for Benjamin Lawson, in
his suit against John Harris's
adm'rs; $1.06 for two days attendance at court
22 March, 1796
pg 160 A court held for the trial of John Lucas, a Negro man, who stands
committed to the common jail ...
charged with being an accessory in feloniously stealing & receiving sundry
goods, the property of John Chappel.
He is heard in his defense by Clement Read, who for the prisoner, excepts to the
sufficiency of the mittamus.,
in charging the prisoner generally and not specifically as to articles stolen
and the time when and where the
acts were committed. The exception being argued and judged good, the prisoner is
ordered to be discharged
25 March, 1796
Pg 161 A court held for the trial of John Lucas, a Negro man slave, said to
be the property of Benjamin White,
who stands committed to the common jail, charged with being guilty of
feloniously breaking and entering, on
the night of the 26th of June, 1795, the smoke-house of John Chappel, of the
said county, and taking thereof
a quantity of bacon to the value of 24 shillings, and stealing & receiving as an
accessory, sundry articles, to wit:
two calico gowns, one black & white Virginia cloth gown, one purple stuff shirt,
a spotted plain petticoat, two fine
aprons, one fine linen shift, one fine linen shirt, one black silk and other
handkerchiefs, of the value of œ10 on
the 27th day of June, 1795, the property of John Chappel
Being arraigned, the prisoner saith he is in no wise guilty, and he was
examined on behalf of the
commonwealth, as well as the said prisoner, & he was fully heard in his own
defense, no atty being present for
the court to assign counsel.
It is the opinion of the court that the prisoner is guilty of the felony of
stealing the bacon and an
accessory in receiving sundry of the cloths charged against him, but not of the
burglary charged against him.
Whereupon the prisoner prays the benefit of clergy, and to him it is
granted. Therefore it is ordered that
for the cyrmes aforesaid, the said prisoner be burnt in the hand at the barr in
open court, and that he then be
conducted to the pillory, and have his ears nailed to the post for two minutes,
each alternately, and then cut off,
and be thence discharged. and it is commanded the sheriff that the execution
thereof be done immediately.
25 March, 1796
Pg 161 It is ordered that Thomas Williams , John McCargo, Philip Goode and
John Rice . . . appraise the
slaves and personal property of Pricilla May, dec'd. . . etc
Pg 162 It is ordered that John Petty and John Gilliam, who made oath
according to law, certificate is granted
for obtaining letters of administration of the estate of John Sullivant, dec'd,
they giving security, whereupon they,
together with their securities Langston Bacon and Joseph Chaffin . . . etc.
It is ordered that Robert Bedford, William Thweatt, Joseph Friend & Moses
Eudaley . . . do appraise
the slaves and personal property of John Sullivant, dec'd . . . etc
Clement Carrington came into court and produced a commission from his
Excellency the Governor,
to be Major of a battalion in the regiment of Artillery, annexed to the First
Division of the sd Militia.
3 May 1796
Pg 170 William Goode, Plaintiff vs Thomas North, Defendant - a writ in
trespass of assault & battery
By mutual consent of the parties, by their attys, all matters of difference
between them in this suit, is
submitted to the final determination of Benj Marshall, Thomas Harvey
(Butterwood), James Patillo, Andrew
Wallace, William White and John Richardson (Black Head), or any five of them.
Pg 172 Philip Goode, Jr. & William Watkins, having been found guilty of
fighting in the presence of the court
while sitting . . . to the disturbance of the court . . . It is ordered that for
the sd offence, they be bound to the
peace and give security for their good behavior, and that the sheriff take them
into his custody & safety until they
enter in an recognizance with sufficient securities, that is to say, œ 100 each
and their securities œ 50 each - on
condition that they shall be of good behavior and keep the peace towards all
good citizens of this Common-
wealth during the term of one year and a day from the next coming
Pg 178 James Callicott and Susannah, his wife, formerly the widow of George
Brooke, dec'd, Plaintiffs
vs Langston Bacon, adm'r of the estate of George Brooke, dec'd; Bibby
Brooke, Thomas
Brooke and Travis Brooke, sons and infants of George Brooke, dec'd,
Defs - a suit in
Chancery
Two of the commissioners appointed under the interlocutory order made in
this court; to allot and
assign to the plaintiff Susannah, her dower of slaves & personal estate therein
mentioned, this day made their
report in these words "In obedience to the court, we have allotted to the relict
within the following slaves; to wit:
Edmund, Bibb, and Lucy as also the sum of œ 43/13/2 of the personal estate the
same being sold by consent
of the parties." signed Mack Goode & Hillary Moseley. In confirmation whereof It
is ordered and decreed that
the sd allotment made and assigned to the plaintiff Susannah, as her dower in
the sd estate be made firm and
stable between the parties, that is to say, the slaves during her natural life
and the œ 43/13/2 to her and her heirs
forever. The plaintiff recover against the defendant, their costs in this suit
to wit: 110 lbs of tobacco @ one &
three-quarter shillings per lb :Clk 484 cents ; atty 500 cents
Pg 189 Woodson Sullivant, orphan of John Sullivant, dec'd, came into court,
and being of lawful age for the
purpose, made choice of Allen Gilliam, as his guardian, who is accordingly
appointed. Whereupon he together
with Thomas Pettus, his security . . . etc
It is ordered that the Overseers of the poor of the fourth district bind
out Woodson Sullivant, orphan of
John Sullivant, to Allen Gilliam according to law.
Pg 191 The Commonwealth vs Samuel Sandyes - on a summons for not listing his
taxable
property.
By decree of the court the same is ordered dismissed.
John McCargo is appointed guardian to Elizabeth Sullivant, orphan of John
Sullivant, dec'd, he giving
security, whereupon he with William Brown, his security . . . etc.
pg 195 John Barnes, adm'r of James Barnes, dec'd, Plaintiff vs Thomas Hugh
James, John James
and John Callicott; Defendants - on a petition by note.
It appearing by the sheriff's returns that Hugh Thomas James is not an
inhabitant of this county, therefore the
suit against him abates. The other defendants, being duly summoned and not
appearing, therefore the plaintiff
recover against the defendant œ 2/14/0 w/interest from 1 Dec 1793.
Pg 198 A court held to receive the county levy:
To: Edward Dennis, for 2 potts for use of the jail ............... .72
To: Thomas Read, for timbers valued and used at the
causeway at Little Roanoke bridge ....................... 1.89
To: Edmund Read, for cart & steers 2 days, found for
use of the county for building the causeway at
Little Roanoke bridge ............................................. 2.50
To: John Smith and his company, for patrolling ................ 15.84
To: Isaac Clark and his company, for patrolling ................ 11.37
To: Processioners
Thomas & Loyd Portwood 2 days........................... 2.00
Edmund Dupree & Levy Blankinship 6 days.......... 6.00
For 3773 tithes @ 15 cents per pole 568.95
4 July 1796
Pg 200 John Roberts is appointed guardian to Amy Sullivant, orphan of John
Sullivant, dec'd, he giving security,
whereupon he with Francis Barnes, his security . . . etc.
Pg 204 An account current of the estate of George Brooke, dec'd, with
Langston Bacon, adm'r, was this day
reported by the commissioners appointed to adjust and settle the same. On the
motion of the sd adm'rs, It is
ordered that he be allowed 4 pecentum on œ 300 for his troubles in the
administration of the sd estate.
1 August 1796
Pg 205 Grand Jury impanelled includes John McCargo.
Stephen Blankinship, Plaintiff vs James Canada, Defendant - A trespass in
assault & battery and false
imprisonment
At the bottom of the page - to faint to read.
4 September 1796
Pg 224 James Callicott, guardian of Francis Brooke, orphan of George Brooke,
dec'd, came into court and
rendered his account against the estate of the sd orphan.
Note: this should be Travis Brooke - a mistake in transcribing by the Char Co.
Clk
Pg 225 An indenture between Dickinson Lumpkin and James Callicott
pg 230 At a court held to receive claims against the county
John Gilliland - $8.95 for 8 days attendance as a guard over Joshua Thomas &
James Boatrite for two days
attendance over same from Charlotte to Cumberland Co's.
Joseph Vaner - $8.50 for ten days attendance as a guard over Wm Adams, Thomas
Ford & Hezikiah Ford and
for seven days attendance over John Ford.
Francis Grodas - 5 shillings for making a pair of handcuffs and putting them on
Moses, a criminal, and taking
them off twice.
RULE JUDGMENTS FOR NOVEMBER
Pg 251 John Vaughn, assignee of Samuel Venable, for the benefit of William
Lea, against William Rawlett &
David Blankinship
5 December 1796
Pg 253 A Power of Attorney between Thomas Burton and Larkin Sullivant,
authenticated by the clerk of Court,
County of Laurens, State of South Carolina. On the motion of Hillary Moseley,
ordered to be recorded.
Pg 256 William Thweatt, Plaintiff vs Jerrald Sullivant, Defendant - an
attachment against the
Defendant's estate.
This day came the plaintiff by his atty, and the Sheriff having made return
on the attachment against
the defendant's estate, that he had levied the same in the hands of John Petty
and Robert Gilliam, and
summonsed them as garnishees, and the sd defendant not appearing, tho solemnly
called, neither does he
replevin the attached effects, and the sd Robert Gilliam one of the garnishees
appears and on oath saith that
John Petty and himself are adm'rs of the estate of John Sullivant, Dec'd, and
the defendant, as son and one
of the representatives of the intestate, has an interest in the sd estate, which
is not at this day ascertained, as
no division has taken place, and can only be known when a division among the
several distributees are made.
The plaintiff's demand for the sum of œ 17/12/0, current money, appears to be
just. It is considered by the court
that the plaintiff recover against the sd defendant his debt aforesaid, & his
cost in this behalf expended . It is
ordered that the money in the hands of the garnishees . . . be condemned and
when legally ascertained, that
they pay the same to the plaintiff, to be applied towards satisfaction of the
judgement, or so much thereof as
will pay & satisfy the same.
End Note 1
There are two more actions styled in almost the same words, on the same court day -- Pg 257 Henry Hailey
-- Pg 258 John Nash Read