A Guide to the Nelson County (Va.) Chancery Causes, 1808-1912 Nelson County (Va.) Chancery Causes, 1808-1912 Nelson County (Va.) Chancery Causes, 1808-001-1912-028

A Guide to the Nelson County (Va.) Chancery Causes, 1808-1912

A Collection in
the Library of Virginia
Chancery Records Index: Nelson County (Va.) Chancery Causes, 1808-001-1912-028


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Processed by: Bari Helms and Callie Lou Freed

Repository
The Library of Virginia
Chancery Records Index
Nelson County (Va.) Chancery Causes, 1808-001-1912-028
Title
Nelson County (Va.) Chancery Causes, 1808-1912
Physical Characteristics
Digital images
Collector
Nelson County (Va.) Circuit Court.
Location
The Library of Virginia
Language
English

Administrative Information

Access Restrictions

There are no restrictions.

Use Restrictions

Patrons are to use digital images of Nelson County (Va.) Chancery Causes found on the Chancery Records Index available electronically at the website of the Library of Virginia.

Preferred Citation

Nelson County (Va.) Chancery Causes, 1808-1912. (Cite style of suit and chancery index no.) Local Government Records Collection, Nelson County Court Records. The Library of Virginia, Richmond, Virginia.

Acquisition Information

These items came to the Library of Virginia in a transfer of court records from Nelson County under the accession numbers 33162c and 42148.


Historical Information

Chancery Causes are cases of equity. According to Black's Law Dictionary they are "administered according to fairness as contrasted with the strictly formulated rules of common law." A judge, not a jury, determines the outcome of the case.

Nelson County was formed in 1807 from Amherst County. The county was named for Thomas Nelson, Jr., governor of Virginia from June to November 1781.

Scope and Content

Nelson County (Va.) Chancery Causes, 1808-1912, are indexed into the Chancery Records Index. Cases are identified by style of suit consisting of plaintiff and defendant names. Surnames of others involved in a suit, including secondary plaintiffs and defendants, witnesses, deponents and affiants, and family members with surnames different from the plaintiff or defendant are indexed. Chancery causes often involved the following: divisions of estates or land, disputes over wills, divorces, debt, and business disputes. Predominant documents found in chancery causes include bills (plaintiff's complaint), answers (defendant's response), decrees (court's decision), depositions, affidavits, correspondence, lists of heirs, deeds, wills, slave records, business records, marriage records and vital statistics, among other items. Plats, if present, are noted on the main folder for the cause, as are wills. Photocopies of documents may be found in the collection.

Chancery causes are useful when researching local history, genealogical information, and land or estate divisions. They are a valuable source of local, state, social, and legal history and serve as a primary source for understanding a locality's history.

In addition, chancery causes for Nelson County may reference or contain documents from the following counties and cities in Virginia: Amherst, Albemarle, Augusta, Bedford, Buckingham, Goochland, Highland and King William counties and the cities of Lynchburg and Richmond.

Arrangement

Organized by case, of which each is assigned a unique index number comprised of the latest year found in case and a sequentially increasing 3-digit number assigned by the processor as cases for that year are found. Arranged chronologically.

Arrangement of documents within each folder are as follows: Bill, Answer, and Final Decree (if found.)

Related Material

Additional Nelson County Court Records can be found on microfilm at the Library of Virginia. Consult "A Guide to Virginia County and City Records on Microfilm" found on the Library of Virginia's web site.

See The Chancery Records Index to search for chancery suits of additional Virginia localities.

For a list of old chancery causes dismissed from the docket as ended causes, see Nelson County Chancery Order Books U (1955, 1958), pages 96, 399-400 and V (1964), pages 241-243.

Separated Material


Index Terms

    Corporate Names:

  • Nelson County (Va.) Circuit Court.
  • Subjects:

  • African Americans--History.
  • Business enterprises--Virginia--Nelson County.
  • Divorce suits--Virginia--Nelson County.
  • Equity--Virginia--Nelson County.
  • Estates (Law)--Virginia--Nelson County.
  • Land subdivision--Virginia--Nelson County.
  • Geographical Names:

  • Nelson County (Va.)--Geneology.
  • Nelson County (Va.)--History.
  • Genre and Form Terms:

  • Chancery causes--Virginia--Nelson County.
  • Deeds--Virginia--Nelson County.
  • Judicial records--Virginia--Nelson County.
  • Land records--Virginia--Nelson County.
  • Local government records--Virginia--Nelson County.
  • Marriage licenses--Virginia--Nelson County.
  • Marriage records--Virginia--Nelson County.
  • Plats--Virginia--Nelson County.
  • Wills--Virginia--Nelson County.

Selected Suits of Interest

1816-005, Tobias~ vs. Heirs of John Campbell

Tobias, a free negro, sues seeking the payment for a judgment won against James Montgomery the administrator of John Campbell. No information is provided in the bill as to what the original judgment was for. Cause only contains a bill and a decree with the brief statement that the verdict was in favor of the plaintiff.

1838-035, Eliza A. Figures vs. Christopher T. Estes

Eliza Figures worked as a housekeeper for Christopher T. Estes, a tavern owner in Livingston. Estes's wife was in a poor state of health, and Figures was hired to take care of the house business and culinary affairs. Figures claimed that, with the exception of a few articles of clothing, she was not paid for her services. Estes claimed that Figures left her husband and children in Tennessee and was living in his house as a guest and relative of his wife. Various depositions recount the work Figures did at the Estes house.

1840-013, Eliza Ann Figures vs. Dr. Matthew Figures

Eliza sues for a divorce claiming cruelty, abandonment, and repeated acts of adultery. Eliza accused Matthew of eloping with a Mrs. Aikens, and several letters in the case report their elopement to Tampico.

1840-014, Richard C. Pollard, Jr. vs. John Whitehead and others

Richard C. Pollard sues John Whitehead for the worth of the slave Edmund, deeded to his mother by her father James Hopkins and later purchased by Whitehead. A deed of loan in the case between James Hopkins and his daughter Elizabeth Pollard gave her control over a group of slaves that were to be freed after their terms of service were completed. Names and birth information were provided for the slaves listed in the deed. Included in the deed was the slave Phillis, the supposed mother of Edmund. Included as an exhibit in the case is the petition of Toisman Locket who sued for his freedom on the basis that his mother Hannah was one of the slaves emancipated in the deed of loan and in Hopkins's will. However the will stated that the male offspring of the slaves would be emancipated at the age of forty and at the time of his suit Toisman was under the age of twenty-one.

1846-003, Sampson Green v. Henry Harper and others

Henry Harper purchased the plaintiff Sampson Green as a slave and later hired him out to Hudson M. Garland, also a defendant in the case.

1846-017, Daniel M. Harris, trst v. Christopher T. Estes, etc.

Commissioner's report found in suit includes an inventory of the property conveyed in deed of settlement-a cash valuation of slaves. This is very typical of items found in many of Nelson County chancery suits.

1846-035 Exr of James Halley Burton v. Ottey Rose, etc.

James Halley Burton in his will of 1839 gives to friend and executor, Alexander Brown, his slaves with the intent that they are to be set free. Includes 3 slaves with surname Rose.

1851-044 Robert Henderson and wife v. Mildred Lobban, etc.

Cause argues right to slaves.

1855-015, James Johnston v. Reuben Bowen

Plaintiff fears for his life as defendant was tried and convicted of murder in Albemarle County. Plaintiff asserts claim to land that Bowen now resides on.

1857-032, James A. Stewardson, etc. v. Sarah M. Stewardson

Injunction sought by plaintiff to stop stepmother defendant from removing slave, Fanny and her three children from Virginia to Missouri.

1859-025, Vernon R. Loving and wife, etc. and John W. Witt v. Admr of John N. Burnett, etc. and Mary Ann Burnett, widow, etc.

John N. Burnett and John W. Witt purchased a small lot of land with grist mill and house. Joint suit includes a newly restored grain mill account book, 1840-1850.

1861-003, Edwin Gentry vs. Children if Nelson S. Shelton by, etc.

Lone slave, Celia, is the only property or means by which said children are to be supported, clothed or educated. The bill for the cause mentions that additional slaves were either sold, died or otherwise disposed of before the death of Jane Shelton.

1861-004, S.H. Mirick for, etc. vs. William H. Carter and wife, etc.

Cause deals with trustees' accounts regarding rents and hires of slaves.

1864-009, Mayo Cabell, surviving partner, etc. vs. Trustee of Virginia P. Mosby, etc.

Cause considers the last will and testament (1841) of Frederick Cabell of Buckingham County. Considers whether three slaves George, John and Emaline, referred to as yellow men and a yellow woman, be allowed their freedom should "they think proper to take it" and the need to raise money to send them to Liberia. Additional slave names are mentioned in the will.

1867-001, Cosen W. Parrish, trustee vs. Widow of Samuel Parrish, etc.

Not being able to divide property because of its nature-negroes and slaves. Additional slave names are mentioned in cause. Includes slave with surname, John Anderson-identified as yellow boy with value of $150.00.

1871-060, Alexander Fitzpatrick vs. Supervisors of Nelson County

Cause deals with issue of whether county's Board of Supervisors have right to purchase and contract for lands by purchase for a poor house farm for the use of the paupers of the county.

1871-079, Elijah R. Walker vs. William H. Loving

Purchase of slave Matilda and in payment executes a bill of sale conveying a portable steam saw mill. She was left in possession of the orator till after the 9th of April when that most sad and deplorable event the surrender of the Armies of the Confederate States occurred. After this event, the girl claimed to be a free woman. Defendant did not honor contract.

1872-009, Frances L. Farrer, etc. vs. Francis N. Farrer, etc.

Plaintiff brings suit against sons acting as quasi-trustees. Suit deals with selling of slaves, James and Lizzy, in City of Richmond.

1874-009, Sallie F. Thurmond by, etc. vs. Exr of James Wood, etc.

Notice from Richmond Whig dated October 1873. Involves selling of slaves, from 1858 deed of trust, at public auction to the highest bidder for cash. Notes all are "young and very likely (lively)."

1876-022, Francis F. Powell vs. William H. Rodes, etc.

Cause deals with tract of land in Nelson County containing valuable mills-a saw mill and a grist mill for the manufacture of flour. If debt is not paid, property will be sold for cash.

1877-025, John H. McCue and wife, etc. v. Admr of Willis H. Wills,etc.

Large cause involving estate dispute of Willis H. Wills and Narcissa Ann Wills-settlement of his accounts and sale of her property. Slaves are sold in Richmond. Additional slave names are noted. Contains great deal of oversized material-including plat, settlement accounts, deposition, exhibits, estate accounts and sales bills.

1879-042, George Eagle vs. Hardin M. Mawyer

Cause includes entire transcript of chancery cause in Highland County. Plaintiff in this cause is from Highland County. Tracts of land in dispute in cause are in Augusta County. Defendant in Highland suit bought land in county from plaintiff in this suit.

1880-012, Sally V. Coleman, widow, Exx of George W. Hamner for, etc. and Robert Austin Hamner by, etc. v. Admr of Hawes N. Coleman, sr., etc., Hawes N. Coleman, jr., etc. and Nannie E. Coleman, exx, etc.

Deal with parties in both Albemarle and Nelson counties regarding the settlement of the estate and sale of property of Dr. Hawes N. Coleman-which has been "greatly reduced due to the effects of the late war." Negroes ceased to be property and personal and perishable estate was sold.

1882-027, William D. Cabell v. John F. Hix, etc.

Cause deals with the partnership for "the purpose of conducting and carrying on the Norwood School." Includes accusations of gross misapplication of funds. Asks for a receiver to take control of assets and to preserve the rights of creditors. Oversized memorandum, concerning school, is included.

1882-032, Exr of Mary Walker Cabell, etc. and Charles Carter Lee, Rep., etc. v. Peyton H. Skipwith, etc. and Exr of Mary Walker Cabell, etc.

The bill for the suit of Charles Carter Lee, Rep, etc. v. Exr of Mary Walker Cabell, etc. is missing. The suits try to ascertain all the relatives eligible to a claim in her large estate. Included in the oversized material for this large cause is an intricate, hand drawn genealogical chart, front and back, dated August 7, 1863. It is labeled as the family of Charles Carter of Shirley Plantation, the paternal grandfather of Mary Walker Cabell. See http://www.virginiamemory.com/blogs/out_of_the_box/2010/07/14/a-tree-grows-in%e2%80%a6-chancery/

1884-013, Lemuel Turner vs Narcissa E. Dillard, etc.; William S. Dillard, etc. vs. Exr. of Terisha Turner, etc.; Exr. of Narcissa E. Dillard vs. Exr. of Terisha Turner, etc.

The suit includes numerous references to Sheridan's raid in Nelson County. Several former slaves gave depositions. One exhibit is a division of slaves that includes slave names, age, occupation, and familial relationships.

1884-020, Sublett and Powell v. Henry H. Zink

Cause includes pertinent genealogical information written out on "plain" piece of paper. Is indicative of various suits in county such as 1910-033 John J. Camp,etc. and J.A. Spencer, etc. v. John Spencer, infant, etc. and Charles H. Camp, etc. which is rich in genealogical information. Deals with estate dispute. Will of William Camp is included and slaves are noted.

1885-025, Isaac A. Paul and Benjamin M. Wailes, trst. etc. v. Ann C. Kincaid, etc. and John V. Wheeler, etc.

Suit has to do with the estate of Simeon Austin-regarding land, a negro man, horses, cattle, sheep. Contains 19th century wills from Fauquier and City of Lynchburg. Contains additional slave names.

1885-029, William N. Dawson v. Pierce Loving

Cause involves two individuals bidding and contracting on working and keeping in repair the roads in Nelson County.

1886-035, Robert J. Echols Gdn. etc. v. Heirs of John J. London, etc.

Suit involves the sale of Soldiers' Joy estate. Great insight into the economic travails of a large plantation. References to difficulty of managing slaves. Comparisons made between Soldier's Joy and other James River plantations between Lynchburg and Richmond. Depositions given by large property owners in the vicinity of Soldier's Joy. Deponents describe tensions between large farmers and the Confederate governmentt during the war. Multiple references made to scarcity and uncertainty of labor after the war. Includes large plat that contains locations of various buildings including slave cabins. Includes inventory and statement of sale of 60 slaves owned by John J. London done in fall 1862. Records family relationships and physical condition. Total sale amount for slaves was 60,245 dollars.

1890-038, Exx of William Massie, etc., Jacob Warwick, Exr of Narcissa E. Dillard and Edward F. Clarke v. Hope W. Massie by, etc., Jacob Warwick, etc, Thomas J. Massie, etc. and John M. Warwick, etc.

One of the county's largest causes-covering 14 folders of material. Multiple suits heard together center on land, slaves and most of the sizable estate of William Massie-to be divided among legatees and devisees. A comparable suit with multiple bills is 1907-034. Admr of Thomas P. Fitzpatrick and Samuella H. Fitzpatrick, widow v. Dev(s) of Thomas P. Fitzpatrick and Reba Fitzpatrick by, etc. also concerns a large estate with land.

1890-045, Admr. of William C. Stevens vs. Mildred T. Stevens, etc.; William L. Burks and wife, etc. vs. Admr. of Alexander Fitzpatrick; Admr. of William C. Stevens, etc. vs. John F. Stevens, etc.

The suit includes two Richmond Fire Association insurance policies taken out on two slaves. They were hired out as laborers to the Virginia and Tennesse Railroad Company.

1892-042, Admr. of Lemuel Turner vs. Emily Rushbrook Thomas, etc.

Thomas was a slave of Turner who became his paid house servant after the Civil War. She was also Turner's daughter. In his will, Turner left Thomas an inheritance for her loyal service.

1896-029, Admr. of William Faber vs. Robert W. Allen; Admr. of William Faber vs. B.M. Wailes, etc.; Catharine Snider, etc. vs. Admr. of William Faber, etc.

The Faber lead mine located in Albemarle County was part of the dispute.

1898-021, Exx of George W. Hamner v. Joseph E. Purvis and c by, etc.

Cause concerns judgment of tract of land. See also 1880-012 for more references to the famous Hamner family. Suits from the 1920s (already processed but not included in the database) contain early Hamner family wills.

1902-030, Admr of Lemuel Turner v. Samuel Woods

Deposition of James M. Harris questions whether John W. and James T. Woods, the alleged children of Samuel, were mulattoes or slaves. Their mother belonged to brother of Samuel Woods, James Woods. John W. Woods is a plaintiff in suit, 1893-026 and a defendant in suits, 1894-008 and 1899-006.

1902-036, Exx of Henry C. Boyd and Admn of Juliet A. Boyd v. J.J. Scott, etc. and H.C. Boyd, etc.

Suits concern Henry C. Boyd's estate in Arkansas. Included in the oversized material are 4 land grants signed by President Martin Van Buren in 1837.

1906-032, J.R. and Mary E. Peebles v. W.M. Tunstall

Cause indicates that modernization is coming to county. Suit states that 15 or 20 years ago, a telephone line was constructed and established between Lovingston and the railroad station, now called Oakridge. Tunstall, the son-in-law, repaired the line. Relations between the two families became strained. Tunstall cut the wire which connected the telephone box in the Peebles house with the said telephone line. The court sides with Peebles after lengthy depositions.

1909-020, George Tull v. Alice Agnes Tull

Case involved a former Canadian citizen suing for divorce from his wife, still a Canadian citizen. According to the facts of the cause, the defendant after 10 years married to her husband deserts him and takes up with a former boarder in their residence. In 1908, husband leaves Montreal and moves to Nelson County where he sues for divorce. Depositions were taken in Montreal and two rare photos are used as exhibits in the cause-one of Mr. and Mrs. Tull and one of Mrs. Tull with her lover, William Thompson. Both of the photographs are torn in half.

1910-039, B.T. Gordon, rcvr, M.K. Estes, Lucas P. Loving, Bettie K. Loving and Robinson Loving v. Robinson Loving, etc. and Pierce Loving

Relate to causes in Albemarle County. Suits involve disputes regarding tracts of land which are largely timber land. Found in suit (Folder 7) attached to a letter dated July 14, 1905 from W.E. Moore, a general merchandise owner, with a specialty in mill lumber, from Amherst County is a rare campaign button for Claude A. Swanson-governor of Virginia . For further information see http://www.encyclopediavirginia.org/Swanson_Charles_A_1862-1939 Typically, these buttons were used to fasten items-in this case, the pages of a letter.

1911-047, F.L. Tibbits for another vs. Julia A. Ligon; Percy G. Ligon, etc. vs. F.L. Tibbits

Architectural drawing of house included as an exhibit.

Significant Places Associated With the Collection

  • Nelson County (Va.)--Geneology.
  • Nelson County (Va.)--History.