A Guide to the King William County (Va.) Chancery Causes, 1862-1938 King William County (Va.) Chancery Causes, 1862-1938 (bulk 1885-1913)

A Guide to the King William County (Va.) Chancery Causes, 1862-1938

A Collection in
the Library of Virginia


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Library of Virginia

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© 2012 By The Library of Virginia. All Rights Reserved.

Processed by: Field Processors and Library of Virginia staff

Repository
The Library of Virginia
Title
King William County (Va.) Chancery Causes, 1862-1913 (bulk 1885-1913)
Physical Characteristics
Digital images; 25.1 cubic feet (55 boxes).
Collector
King William County (Va.) Circuit Court
Location
State Records Center
Language
English

Administrative Information

Access Restrictions

King William (Va.) Chancery Causes, 1862-1913, use digital images found on the Chancery Records Index available electronically at the website of the Library of Virginia.

Chancery Causes 1914-1938 are indexed but not scanned. Contact the King William County Clerk for availability.

Use Restrictions

There are no restrictions.

Preferred Citation

King William County (Va.) Chancery Causes, 1862-1938. (Cite style of suit and chancery index no.). Local Government Records Collection, King William County Court Records. The Library of Virginia, Richmond, Virginia.

Acquisition Information

These materials came to the Library of Virginia in transfer of court papers from King William County in 2022 under accession number 53643 and an additional item purchased in 2000 under accession number 37171.

Custodial History

Chancery records dated from 1868-1938 were transferred to the Library of Virginia from the Circuit Court of King William County in 2011. Original Records returned to the locality in 2016 by request of the clerk of the Circuit Court and deaccessioned. Chancery records dated from 1868-1913 were transferred to the Library of Virginia in 2022, while the post-1913 were retained in the locality.

Processing Information

Chancery Causes, 1914-1938 were processed and indexed for access purposes and are available on the Chancery Records Index. These post-1913 records were not scanned and are retained in the locality.

King William County (Va.) Chancery Causes, 1862-1938 were processed in the locality by field processors in 2011 and reprocessed by Library of Virginia staff in 2012.

Digital images were generated by Backstage Library Works in 2013 through the Library of Virginia's Circuit Court Records Preservation Program.

Item previously cataloged as “Chancery Decree, 1862” under accession number 37171 has been interfiled with the style of suit “John A. Smither, etc vs. Admr. of C.C. Davis, etc.” with the index number 1862-001 by M. Mason; 2023.

Encoded by B. Helms: 2014; Updated by J. Taylor: July 2023.

Historical Information

Context of Record type: 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; however, the judge is basing the decision on findings compiled and documented by Commissioners. 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. Chancery causes document the lived experiences of free and enslaved individuals; women; children; people living with physical disabilities or mental health struggles; people living in poverty; defunct institutions and corporate entities; or those that may not have otherwise left traditional written histories.

Locality History: King William County was named for William III and was formed from King and Queen County in 1701. Its area is 285.7 square miles, and the county seat is King William.

Lost Locality Notes: Created by an act of 1701 to take effect on April 11, 1702. Most records were destroyed by a courthouse fire on January 17, 1885. Only a few order books and deed books exist.

Scope and Content

King William County (Va.) Chancery Causes, 1862-1938 (bulk 1885-1913), consists of cases concerning issues of equity brought largely by residents of the county and filed in the circuit court. These cases often involve the following actions: divisions of estates or land, disputes over wills, disputes regarding contracts, debt, divorce, and business disputes. Other less prevalent issues include freedom suits, permissions to sell property, and disputes concerning trespass. Predominant documents found in these chancery causes include bills (documents the plaintiff's complaint), answers (defendant's response to the plaintiff's complaint), decrees (court's decision), depositions, affidavits, correspondence, lists of heirs, deeds, plats, wills, records involving enslaved individuals, business records or vital statistics.

Records include various causes involving members of the Mattaponi Indian Tribe and the Pamunkey Indian Tribe. Both the Mattaponi and Pamunkey are the only groups to own reservation land in the Commonwealth of Virginia.

King William Chancery Causes post-1885 have a number of suits which involve government officials has defendants in the suit. The majority of these causes come from the city of West Point.

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 King William County Court Records can be found on microfilm at The Library of Virginia. Consult "A Guide to Virginia County and City Records on Microfilm."

King William County is one of Virginia's Lost Records Localities. Additional King William County Court Records may be found in the Virginia Lost Records Localities Collection at the Library of Virginia. Search the Lost Records Localities Digital Collection found at the Library of Virginia web site.

See also: "A Guide to the West Point Land Company Business Records, 1855-1878." An exhibit in the King William Chancery Cause 1906-016.

Location of Originals

King William (Va.) Chancery Causes, 1914-1938 are retained in the locality. Contact the clerk of the Circuit Court for access.


Adjunct Descriptive Data

Selected Suits of Interest

Causes of Interest are identified by local records archivists during processing and indexing. These causes are generally selected based upon guiding principles of having historical, genealogical or sensational significance; however, determining what is "of interest" is subjective, and the individual perspective and experience of the describing archivist will affect the material identified.

1885-008: William Maxwell and Patrons of Colored Public Schools of West Point vs. Board of School Trustees, West Point

A.T.H. Jones was appointed principal by the Board of Trustees against the wishes of the patrons of the "colored" public school in West Point. The patrons stated Jones had "been living in a state of unlawful cohabitation," and was therefore unfit to both teach and lead the school. The patrons of the school petitioned the court to force the board to remove him from his position. Jones was also a local pastor and it was hoped that by removing him from his position at the school, he could also be removed from his role in the church.

1886-019: Richmond Ice Company vs. Mrs. Hattie A. Marlow and husband

Two representatives of the Richmond Ice Company sued Hattie A. Marlow for money owed to them for their products. Although Hattie was the defendant, her husband was appointed her business agent and was accused of being "not a careful and prudent man in the conduct of his business affairs." She also owed money to The West Point Loan and Building Fund Association for lands they own. All business was done in her name.

1886-025: A. S. Richardson, etc. vs. J. B. Jennings, etc.

The local town council election was proven to have been fraudulent for various reasons: the judges of the election left the election room during the voting, votes were cast while some of the judges were missing from the room, the tally that the judges returned was incorrect because many of the votes were made by people that were not residents of the town and two non-residents intimidated voters into voting for a specific candidate during the voting.

1888-010: B. N. Robinson, etc. vs. R. W. Trice, etc.

From the election fraud of 1886, the defendants claimed to be elected councilmen of the town of West Point but because the election was declared fraudulent, the plaintiffs (former councilmen) do not want the fraudulently elected councilmen to be recognized as councilmen of the town.

1888-016: George W. Washington vs. J.B. Slaughter, Trustee, etc.

George W. Washington, an African American man enslaved by William Robinson and later his son Benjamin Robinson, purchased property with his own earnings in 1859, but Benjamin Robinson secured the deed in his own name. Washington lived on this land essentially as a free man, keeping his wages and anything else that he earned. In January 1873, Robinson deeded the property away as a lien for a debt then died unexpectedly in December. Washington brought this suit to the county court in an effort to prevent his land from being sold out from under him. The case took 10 years to settle and went all the way up to the Supreme Court of Appeals, and it was ultimately decided that as Washington had been enslaved at the time of the land purchase, he had no civil rights and was therefore incapable of entering into any type of contract with anyone. The final decrees in the case show that the land was sold to someone other than Washington.

1891-014: W.K. Gatewood vs. W.C. Nunn, etc.

W.K. Gatewood sued W.C. Nunn, the mayor of West Point, to prove that he was a citizen of the town and therefore eligible to hold the newly created town position of Quarantine Inspector in the town port. It was revealed that this position was created unbeknownst to the mayor and he did not want Gatewood to hold the position.

1895-002: George F. Custalow vs. James S. Robinson, Trustee

George F. Custalow and his wife, members of the Mattaponi Indian Tribe, purchased land however, Austin Key, also a member of the Mattaponi Indian Tribe, claimed ownership over the land. An initial court case was brought and Key won the title to the land. Custalow contested the judgement in the chancery court.

1898-011: Henry Hill vs. Evelyn Hill

A divorce suit between Henry Hill and Evelyn Hill, two formely enslaved individuals, in which Henry Hill accused his wife of desertion. Evelyn Hill claimed she had moved to Richmond to be with their grown sons, with the expectation that Henry would follow, after Henry lost his house and land in an ejectment suit. Depositions detail Henry's affair with Polly Fells and a trial held at the Hill's church.

1898-013: Mary C. Lipscomb by etc. vs. Walter E. Lipscomb etc.

Mary Lipscomb sued to have her trustee removed and to have her lands put under her own control.

1902-002: Thomas H. Burnett vs. Nannie W. Burnett

A divorce suit which included several letters signed "You Know" and "Sad at Heart" written by Nannie W. Burnett to Jerry Seabrook, her lover. In these letters, Nannie described her job in a Baltimore clothing factory, requested money for an eye examination, and discussed her feelings toward Seabrook versus staying with Thomas Burnett, her husband. Depositions from the case detailed the affair with Seabrook and include the actions of another woman -- Nellie Selby. There is an additional letter in the case written by Nannie Burnett to a Capt. Bennett and Mr. Biddle, apparently Nellie Selby's employers, asking that Selby be allowed to retain her position and not lose her employment because of Burnett's actions.

1902-015: Robert S. Ryland vs. County of King William, etc.

Suit involved the settlement of accounts between the County of King William and Robert S. Ryland for his time serving as treasurer for the county. Criminal proceedings were brought against Ryland for embezzlement of funds, however, he alleged in the chancery suit that the copies of the land and property books he worked from had been mistakenly or fraudulently copied. He accused Burnley Taylor, Commissioner of Revenue, of miscopying the books.

1907-006: Walter Miles vs. Alice Miles

Walter Miles, a member of the Pamunkey tribe living on the reservation in King William County then known as Indian Town, had been charged before the tribe's council with seducing Alice Myers. Walter claimed he had been forced to marry Alice or face expulsion from the tribe. A divorce suit of a Native American couple. Walter Miles, a member of the Pamunkey tribe living on the reservation in King William County then known as Indian Town, was charged before the tribe's council with seducing Alice Myers under the promise of marriage. Walter claimed he was forced to marry Alice or face expulsion from the tribe as well as serve time in the penitentiary. Walter filed for divorce, alleging adultery on the part of Alice, as well as having been coerced into the marriage out of fear.

1913-014: Rose Cliff Fruit Farm vs. Town of West Point, etc.

Rose Cliff Fruit Farm sued the town of West Point and its mayor, H. Anderson, for stopping their sales of cider and arresting one of their employees. The fruit farm claimed that according to Virginia law they were permitted to sell cider because it did not contain alcohol.