COURT ORDERS - CHARLOTTE COUNTY, VA BOOK TWELVE 1799 - 1801 4 March 1799 Pg 7 Polly Sullivant, Plaintiff, vs John Petty & Robert Gilliam, adm'r of John Sullivant, dec'd, Jerrald, Henry, Peggy, Amelia, Woodson, Betsy and James Sullivant, children and representa- tives of John Sullivant, dec'd, which sd Peggy, Woodson, Betsy, James and Amelia, being under the age of 21 years now appear by their guardian, John McCargo, Defendants - a suit in chancery. Order published the 5th day of Nov. 1798 and defendants Jerrald and Henry Sullivant making no answer, and the atty for the guardian confessed the complaint to be true, now ordered the land of John Sullivant, who died intestate, containing between 200 and 300 acres be sold . . . equally divided, between the plaintiff and the defendants, according to their rights. William Thweatt, Robert Bedford, Stephen May and Joseph Friend to make sale and distribution . . and report same to the court. It appears that the division of each will not exceed 100 dollars 5 March 1799 Pg 25 Raymond Blankenship, Plaintiff vs William Lee, Defendant Case dismissed with cost to the defendant. John McCargo is awarded $1.06 as a witness for Thomas Bough in his suit against John Snead. 6 May 1799 Pg 27 Bibby Brooke, Plaintiff vs Thomas Brooke and Travis Brooke, Defendants - a suit in Chancery --- continued to next court. Pg 33 Polly Sullivant; Plaintiff vs John Sullivant's adm'r & others; Defendants - a suit in Chancery. Continued for the commissioners report. Pg 34 Joel Sullivant - a juror in Ward Hudson, Plaintiff vs Presely Boley, Defendant Pg 35 William Bennett, Plaintiff vs Zachariah Brooke Defendant - a suit in case law. This day came as well the plaintiff by his atty, as Dudley Brooke, to court in his proper person, who by consent makes himself a party defendant to this suit, and the sd Dudley confesseth the plaintiff's action thereof against the defendant to be just and agrees that the plaintiff hath sustained damages by occasion of the non-performance of the promise and assumptions in the declaration mentioned, besides his costs to the sum of £12/4/0, with interest thereon at 6% per annum from the 25th day of Sept 1798 until payment, therefore It is considered that the plaintiff recover against the sd Dudley Brooke, the damages aforesaid agreed, with the interest aforesaid and his cost in his behalf expended . . . by direction of the plaintiff's atty, It is ordered that execution on the above judgement as well as further proceedings against the defendant Zachariah be stayed until September court. 1 July 1799 Pg 48 On the motion of John Snead, his ordinary license is renewed . . with Robert Gilliam, his security . . . acknowledge their bond . . .etc. Pg 46 Joel Sullivant, assignee of James Adams, Plaintiff vs James Mullings and William Collins, Defendants - a suit in debt. . . . for the defendant . . . judgement to be discharged by payment of £10, with interest at 6% per annum form 1 January 1798. 5 August 1799 Pg 56 Bibby Brooke, by Archer Farley, his next friend, Plaintiff vs Thomas Brooke & Travis Brooke , orphans of George Brooke, dec'd, Defendants - a suit in chancery. The commissioners appointed under the interlocutory order made in this cause, to make distribution of the estate therein mentioned, this day made their report in these words: November 1 1799: DR Bibby Brooke, a legatee (exclusive of the slaves in the hands of the adm'rs) .....................127 3 5 ½ Thomas Brooke, ditto as above ........................ 127 3 5 ½ Travers Brooke, ditto as above ....................... 127 3 5 ½ Contra .....DR 381 10 3 ¼ CR By Balance in hands of Adm'r for account rendered..... 279 11 7 ¼ By bonds & accounts not collected..................... 101 18 8 Contra ......CR 381 10 3 ¼ BIBBY BROOKE ..... DR To slaves, John & Sallie.............................. 200 To Thomas Brooke, bal ditto .......................... 2 To your portion, other estate in hands of adm'rs ..... 127 3 5 ½ 329 3 5 ½ Contra By your portion of slaves ............................ 202 By your ditto of other estate as above ............... 127 3 5 ½ 329 3 5 ½ THOMAS BROOKE ..... DR To slaves, Rose & child Hannah and Jean............. 206 To your portion, other estate in hands of adm'rs ..... 127 3 5 ½ 333 3 5 ½ Contra By your portion of slaves ............................ 202 By pd Bibby Brooke ................................... 2 By pd Thomas Brooke .................................. 2 By your ditto of other estate as above ............... 127 3 5 ½ 333 3 5 ½ TRAVIS BROOKE ..... DR To slaves, Will (Yellow), Sallie & child.............. 200 To Thomas Brooke, bal ditto .......................... 2 To your portion, other estate in hands of adm'rs ..... 127 3 5 ½ 329 3 5 ½ Contra By your portion of slaves ............................ 202 By your ditto of other estate as above ............... 127 3 5 ½ 329 3 5 ½ Equable to an order of the court, we have divided the estate of George Brooke, as above stated, this 1st day of November 1798 - Hilliary Moseley, M Goode, Reps Osborne. In conformation whereof it is ordered that the sd division and allotment stand and be established, made firm and stable, between the parties and their heirs and assignees forever, and that the costs of this suit be equally borne by the parties interested. Pg 56 Bibby Brooke, by Archer Farley, his next friend, Demandant vs Thomas Brook & Travis Brooke , orphans of George Brooke, dec'd, Defendants - on a writ of petition. This day came the parties by their attorneys, and the commissioners who were appointed under an order of this court to make partition and allotment of the land and appurtenances, of the sd order mentioned, this day made their report in these words: Charlotte County: agreeable to an order of the court of Charlotte Co, to us directed; we have proceeded to divide the estate of George Broks (sic), dec'd, among his children, agreeable to the within statement, and have allotted to each his division of land in the following manner, towit: To Bibby Brooke, the eldest son, 91 acres agreeable to platt No. 1 -- to Thomas Brooke, 136 acres agreeable to platt No. 2 -- to Traverse Brooke, the third son, 108 acres agreeable to platt No. 3. Given under our hands this 1st day of November 1798 -- Hillary Moseley, Reps Osborne, Miles Bottom, Commissioners. Therefore it is considered the partition and assignment of lands with their appurtenances made as well to the Demandant as to the defendants as aforesaid, as their full right . . . of the sd 297 acres of land in the Demandant's declaration set forth, to be held of them, made firm and stable to them, and their heirs and assignees forever, and it is considered the costs of this suit be equally borne by the parties interested. 2 September 1799 Pg 75 John Roberts, Guardian of Amy Sullivant, orphan of John Sullivant, dec'd, came into court and rendered his account against the said orphan's estate, who made oath to same and is ordered to be recorded. 5 November 1799 Pg 81 John Clark, Plaintiff vs Miles Bottom, Defendant - a suit in debt . . . comes Griffin Dodd into court, security for the defendant, by his atty, pleads payment, to which the plaintiff replies generally. Ordered -- the office judgement against the defendant and William Ryan, his security be set aside. 11 November 1799 Pg 89 In a court held for Charlotte County the 11th day of November, the 24th year of the Commonwealth & the year of our Lord 1799, for examination of Robert Puckett, alias Robert Potter, who stands committed to the common jail of the county, on the suspicion of feloniously murdering Robert Puckett, of the sd county, by wounding the sd Robert Puckett on the night of the 3rd of Nov 1799, of which wound he lingered and died the next day, being the 4th day of the sd month of November. Present - William Morton, Gordon Spencer, Thomas Pettus, John Richardson and John Patrick, Justices. The sd Robert Puckett alias Robert Potter was lead to the bar in custody of Francis Scott, Sheriff of sd county to whose custody for the cause aforesaid, he was before committed. Being charged with the facts, saith he is in no wise guilty thereof. Whereupon divers witnesses were produced, sworn and examined, as well on behalf of the Commonwealth as the sd prisoner, and he was fully heard in his defense by Clement Read, Gent, his atty. On the consideration thereof It is the opinion of the court that the sd prisoner is guilty of the cryme (sic) for which he stands charged, and that he aught to be tryed (sic) for the same at the next Prince Edward District Court, to be held in the Court House of the sd county, on the first day of the next court and therefore he is remanded back to jail, and it is commanded the Sheriff, that he convey the sd prisoner to the District jail as soon as may be. Sally Potter, a witness before the court, on her oath saith, that on the Sunday night, the 3rd of the present month, Robert Puckett went to bed, apparently better than he had been, and that she likewise went to sleep, and sometime in the night she was awakened by the report of a gun, and shortly after the report, heard the gun fall to the floor. She saith she thought the gun was fired out of doors, and it was not long after the report of the gun, before the prisoner came running into the house. This deponent saith she believed the sd Robert Puckett was shot wilfully. When the prisoner came in he went directly to his father's bed and she the deponent asketh the prisoner, how the gun came to fire, and he repled, "the cat threw it down." Further the deponent saith not. Douglas Puckett . . . saith his father Robert Puckett, who was sick in bed, appeared better than he had been, and directed his family to go to bed. That he, the deponent, was sometime in the night, awakened by the report of as gun, which also awakened his mother, who inquired who had the gun, and the deponent replied that his brother, the prisoner, had shot an owl, as he supposed, as they had been troublesome to the family. He saith that shortly after the report, he heard the gun fall in the house and this deponent went to the fire and found the gun near the hearth, but can't tell whether the gun fell or was thrown into the house, but he believes the gun was fired out of doors, and at the lower end of the house, that his brother, the prisoner, came running into the house after the gun was fired and with his breeches in his hand, appeared much alarmed, and saith he was afraid his father would not live, he was afraid some of his bone were broken. There was none present but the family, he believes the mischief was wilfully done. The deponent saith he heard his father say some time before, that it was his desire that his son the prisoner, quit the place. The prisoner told him, if it was his request, he would go away, but sometime after that, his father wished him to stay. Further the deponent saith not. It is ordered that witnesses Sally Potter, Douglas Puckett, Grief Barksdale, Samuel Matthews, John Robertson, John Hancock and William Buckner, do appear before the District Court under penalty of $300.00 fine 2 December 1799 Pg 90 James Adams Jnr is appointed Surveyor of the Road whereof James Davis was late surveyor, and it is ordered that he, with the male laboring tithables belonging to Rueben Herndon and Joel Sullivant . . . do forthwith clear and keep the same in repair.  6 January 1800 Pg 99 Ordered that Edward Almond, Reps Osborne, Jnr, Harmon Elam and Mack Good, or any three of them to regulate the hands that work on Kings Road, leading from Wyllies' to the Lunenburg County line, also on the Court House Road from Robert's Tavern to the Mecklenburg County line to Kings Road near Wyllies', and on the new road leading from the Court House to Kings Road near Snead's  2 March 1800 Pg 106 Amy Gilliam, Plaintiff vs William Wheat & Stephen May. exo'rs for James Gilliam, dec'd, - a case in debt. On the motion of the plaintiff, a commission is awarded her to examine and take the deposition of John Gilliam, an aged and infirm witness in this cause . . . giving to the defendant legal notice of the time and place of executing the same, it appearing that the sd John Gilliam is a material witness in this suit. 3 March 1800 Pg 110 Be it remembered . . on the 4th day of March 1800 . . . Jerry, a negro boy slave, the property of the estate of Thomas Osborne, dec'd, on the 18th day of February past, at the parrish (sic) of Cornwall in the county aforesaid, with force and arms, an assault did make on the negro man slave named Ralph, the property of Reps Osborne . . . with an open knife, of the value of six pence. stab the sd Ralph in the left side near the short ribs, and did make a mortal wound, of which sd wound the sd Ralph did linger and died on the 28th day of February last past. Being charged with the facts, saith he is in no wise guilty thereof. . . he was fully heard in his defense by Creed Taylor, Gent, his atty. It is the opinion of the court that the sd prisoner is guilty of manslaughter not murder and it is ordered that the sd Jerry . . . be burnt in the hand at the bar in open court, and it is commanded the Sheriff, he cause execution immediately. 7 April 1800 Pg 110 John Petty & Robert Gilliam, adm'rs of John Sullivant, dec'd, Plaintiffs vs James Rollins & Moses Eudaley, Defendants - a suit in debt. The defendants not appearing, It is ordered that the plaintiffs recover against the defendants and Elijah Eudaley, his security, the sum of seven pounds. 5 May 1800 Pg 121 An indenture between Thomas Gayle and James Callicott. Pg 123 The last will and testament of Thomas Liggon. Pg 124 James Callicott, Guardian of Travis Brok(sic) orphan of George Brook(sic), dec'd, came into court and rendered his account against the said orphan's estate, which was reported by the comm'rs appointed to examine and settle the same to be justly and fairly stated, and is ordered to be recorded. Pg 125 Miles Bottom is recommended to his Excellence the Governor to be Lieutenant in the 1st Battalion of the Militia, in place of John Snead; resigned. Lydel Bacon to be Ensign in place of Miles Bottom, promoted. Pg 125 The petition of John Herndon for leave to build a water grist mill over the Reynolds Fork of the Little Horsepen Creek is ordered to be continued until next court. 5 May 1800 Pg 128 James Johnson is appointed keeper of the weights and measures belonging to this county, which were lodged in the hands of Wood Bouldin, who was formerly appointed to keep the same, and it is ordered that by them, he stamp and seal all measures and try all weights, when application is made by any of the citizens of this county, and that the same remain in his safekeeping until the further order of this court, and ordered that further the exor's of Wood Bouldin do deliver the weights and measures to the sd James Johnson for this purpose. 2 June 1800 Pg 149 An inquest taken on the bill of Joseph Herndon on the 23rd day of February, 1800, was reported by the Sheriff of the sd county. and it appearing from the inquest of the jurors impanelled and sworn for that purpose, that the sd Joseph Herndon's raising his dam 13 feet from the common surface of the water - to a mark on a popular tree on the north side of sd creek, will not damage the lands of any person. That they had also examined the lands below the mill plan, the property of others, and find that no damage will accrue to any person by means of building sd mill, neither the mansion house, offices, curtilage, gardens or orchards, of any person thereto immediately belonging; will be overflowed or affected by the means of the sd Joseph Herndon's building such a mill, that fish of passage and ordinary navigation will not be obstructed thereby, neither will the health of the neighbors be annoyed by the stagnation of the water. Whereupon, It is ordered that leave be given to the sd Herndon to build the sd mill and dam. 5 May 1800 Pg 152 The last will and testament of Nelson Calvert, dec'd, was further proved by the oath of one of the witnesses thereto subscribed and ordered to be recorded, and Ambrose Haley, the other exor, named in the will renounced in open court the burthen of the execution of the sd will. On the motion of Levy Blankenship, who made oath according to law, administration with will annexed of the sd Nelson Calvert, dec'd, is granted to him, he giving security, whereupon, he with Henry Haley, his security, entered into and acknowledged his bond according to law. Pg 159 On the complaint of Abby Bradon, a mulatto woman, setting forth that William Jackson, her son was bound to Charles Powers, by the overseers of the poor, of the sd county, has been abused and ill-treated by his sd master, whereupon It is ordered that the court, that the Sheriff of summons the sd Charles Powers to appear at the next court to be held in the sd county of Charlotte, then and there to answer this charge. 4 August 1800 Pg 164 Abby Badon, Plaintiff vs Charles Powers, Defendant - on a complaint of ill- treatment of her son an apprentice, bound to and injured by the defendant. Case dismissed. Pg 167 Joseph Clark, Plaintiff vs Miles Bottom Defendant, a case in debt. . . . came a jury towit: Thomas Redman, John Matthews, Robert McCargo, John Davis, John Roberts, John Madison, John McCargo, John Jones, Robert Farley, William Brooks, Bronson Smith and Edward Jordan. . . . retired and . . . and after some time returned into court and declared they could not agree on their verdict. By consent of the parties by their attys, and with the assent of the court, the jurors are discharged, and the defendant's atty, relinquishing his plea, saith he is not further informed what to say in defense of this suit, whereupon the court finds for the plaintiff. Paid £39/16/9 - March 1799: Attys fee 250 Clks 458 Witness 168 Tax 50 4 November 1800 A Grand Jury was called . . . Elijah Clark, Foreman; Isaiah Foster, James Davis, Robert Elliott, Anthony North, Morris Harmon, Thomas Smith, Lyod Portwood, Robert Gilliam, Miles Bottom, David McCargo, Leroy Lambert, William Blake, John Warner, Robert Gaines, Sam'l Herrin and Joseph Reynolds, were sworn . . .  Pg 189 John Harris, Plaintiff vs John Sandifer, Defendant - in debt Jury includes Robert McCargo Pg 197 On the motion of David McCargo, a witness for Henry Portwood, in his suit against Stephen Harris . . . pay him 106 cents for two day's attendance at court.  3 January 1801 Pg 210 Thomas Ligon, late of this county, dying intestate, naming Paul Carrington, Jnr. and Joseph Ligon, his exo'r and Frances Ligon, his wife exor'ess to his will, the sd exor and exor'ess being summons to take on themselves the execution of the sd will, the sd Carrington appeared at December Court last and renounced in open court, the burthen of execution of the sd will, and Joseph Ligon, the then exor of the sd will, having this day also renounced the burthen of execution of the sd will, and Frances, the exor'ess, not appearing to take execution thereof, although duly served a copy of the order for that purpose, and no person applying for the administration, On the motion of John Morton and Robert Campbell, two of the custodians of the sd testor, It is ordered that Francis Scott, the present sheriff, take the sd estate into his possession and make sale of so much thereof by public auction, as the payment of debts make necessary, and shall cause to be published . . . etc. Pg 220 Thomas Portwood is appointed Surveyor of the Road whereof John McCargo was late surveyor, leading from Wyllies's Tavern to Robert's at Almond's and it is ordered that he, with the same hands that were appointed to work on the road under the sd McCargo, do forthwith clear and keep the same in repair.  2 February 1801 Pg 221 Pursuant to an act of the assembly, the court proceeded to lay off the county into precincts and to appoint processioners therein as follows: . . . Loyd Portwood and Francis Portwood, from the head of Reynold's Fork of the Horsepen Creek at the old Court House Road, by that to King's Road, by that to Coxey's Road, by that to Sandy Creek Church, by May's Church path to Reynold's Fork, that to the beginning. Philip Goode, Wm Roberts and Stephen May, from Jameson's old mill, by the Horsepen Creek to the mouth, down Little Roanoke to Staunton River, by that to Coxey's Road, by that to Sandy Creek Church, by May's Mill and Church path to the beginning. 2 March 1801 Pg 234 NOTE: There are two cases reported on this page in which Mary Hamlett, admr'x of William Hamlett, dec'd. is defendant. In each she is joined in each by Dudley Brooke, who, make himself a party defendant to the suit. RULE JUDGMENTS CONFIRMED IN THE MARCH COURT Pg 247 Champion Marable Plaintiff vs Bibby Brooke and Sam'l Ashworth, Defendants - a suit in Debt. It appearing by the sheriff's return, that the defendant Brooke is not an inhabitant of this county, and the defendant Ashworth, having departed this life since the last rule made in this suit, therefore the suit abates.  6 April 1801 Pg 250 An indenture between Henry Portwood and John McCargo, with memorandum attached. Pg 251 Ordered that Stephen May, Langston Bacon, Reps Osborne and John McCargo, or any three of them, being first sworn for that purpose, do appraise in current money, the slaves and personal estate of Michael Gill, dec'd, and report the same to the court. Pg 252 An inventory and account of sales of the estate of Thomas Ligon, dec'd, with a list of bonds taken on the sale of the sd estate, was this day returned by Francis Scott, Sheriff of this county and ordered to be recorded. Ordered that Francis Scott, sheriff, be allowed the sum of 1.96 to be paid out of the funds in his hands, of the estate of Thomas Ligon, dec'd, as a debt due him from the sd estate, for the sheriff's acct. and for services performed as sheriff in sale of the estate, as by acct rendered. Pg 254 William Fears and John Cheaney, petition for leave to build a water grist mill on the waters of Little Horsepen Creek. The Sheriff commanded to impanel a jury. ------------------------- 1. Other witnesses for Brough were William Thompson, William Robert and Edward Roberts, all of Halifax County.; John Raine and Edward Moseley, of Charlotte County. Witnesses for Snead were Peter Stokes, John Pettis and John Crofton, all of Lunenburg County 2. Robert Puckett was licensed to operate an Ordinary at his house in 1771. No renewal has been found. 3. The December Court concludes with recommendations to the Governor for appointments to: three to be officers of "the 2nd Battalion of the Militia" and three to be "Officers in the company of Artillery of the 1st Regiment of the 1st Division of the Militia" 4. John Snead's 1793 license reads; "at the place belonging to Edmund Ryan's estate" - John Robert's 1797 license read; "at the place called The Parson's Barn." For more on the Wyllie House, see: Charlotte, Rich In Deed pg 438 5. All presentments returned by this Grand Jury were against Surveyors of the Roads for not keeping their charge. 6. In the next actions, John McCargo and Robert McCargo are also paid the same amount for two days attendance at court. 7. While the placement of this road is by no means certain, it probably followed much of present-day county road 634, or as much of that road as the portion between Hebron Methodist Church and the junction with County road 612. The Charlotte County Confederate Army map of 1864 shows a similar road leading from the church past the Elliott place, Mrs. Booth's place, across Reynold's Creek and terminating near Mrs. Robert's place. 8.The last will and testament of Samuel Ashworth was heard at January Court, Page 210. It was not admitted to probate when John and Samuel (Jnr?) Ashworth, opposed the validity of the will, stating and suggesting that the deceased (their father?) was not in his perfect mind and memory at the time of executing the will. John Ashworth and Langston Bacon are appointed adm'rs, Ann Ashworth, the widow, first relinquishing the right of administration.