The name of Thomas Poythress appears in five Chancery Court records for Brunswick County, VA, which records are maintained by the Library of Virginia in Richmond, VA. The first four records listed below are related document files.
Chancery Court record #1796-017
Transcription Notes: Transcribed below are the documents contained in record #1796-017, by Barbara Poythress Neal, who invites any clarification of the reading of the various handwritings from anyone else who has occasion to examine this record. Please note that, while the listing of the many months of continuation notes on the outside of the documents gets to be tedious in reading it, these are the most sure way of ascertaining the years through which this case continued. The abbreviation "do" or "Do" seen after the months, means "ditto." [I have worked over a few month period, off & on, transcribing the very difficult handwritings of this record and proofreading the results. Notations below in square brackets, like this, contain my own comments.]
[In Chancery Court record #1796-017, William Warwick was plaintiff & Thomas Poythress was defendant. This record contains 9 un-numbered documents, which are numbered here by the transcriber after being placed in logical order. All documents except for Documents #4 & #8 are completely handwritten.]
[Document #1:]
To the Worshipful Court of Brunswick County Sitting in Chancery:
Humbly complaining Sheweth to your worships, your orator William Warwick, that on the 2nd day of December 1782, he bought of a certain Thomas Poythress (whom your orator Prays to be made defendant hereto) a certain tract of land lying in this county, containing 214 acres, adjoining the land called Randal's Ordinary, that is adjoining the lands of your orator & of John Taylor & Richard Heartwill [Bpn note: or possibly Heartsvill] -- that your orator paid him for the said land & another tract to wit the said place called Randal's Ordinary [Bpn note:a word is marked out here, possibly "income"] & the said defendant executed on the same day to your orator a bond in the Sum of one Thousand pounds conditioned to make complete title in fee simple to your orator in the said lands, which bond or obligation is herewith filed & prayed to be considered as part of this bill. That the said Defendant has only made such title in part of the said lands, that is the Place called Randal's Ordinary, but has constantly refused to make such title sought to your orator of and to the said 214 acres of land which is contrary to equity, & oppressive to your orator. In tender consideration whereof & for as much as your orator is only relievable in the premises in a court of Equity where contracts are decreed to be specifically performed & to the end that the said Defendant may on his oath full true & perfect [illegible; possibly "answer"] make to all & singular the foregoing allegations as amply & completely as if he were herein thereto[?] particularly interrogated & to the end that your worships may decree that the Said defendant ["may" is crossed out] shall convey in fee simple the said land consisting of 214 acres to your orator - That the said defendant, his heirs & all claiming under him be precluded forever from having or claiming any right or title thereto & that the same be ["force" is crossed out] vested in your orator, his heirs & assigns forever & that your ["ora" is crossed out] Worships may grant your orator such other & further relief in the premises as may be deemed consistent with Equity & justice, may it please yr [Bpn note: some few letters of a word are crossed out here] Worships to grant your orator the Commonwealth's writ of Subpoena to be delivered[?] to the said defendant & commanding him &c by your orator shall be
[signed] Robertson for
Compltnt
[Document #1 outside is labelled:]
R [possibly an abbreviation to indicate it was Recorded]
Wm. Warwick
v.
Thos Poythress
Bill
[two words on separate lines below this are crossed out & are illegible]
[Document #2, which has worn away at fold marks and on some of the edges:]
Know all men ["by these" seems to have been in the worn away fold] Presents th? [?] Thomas Poythress of the county of Brunswick & state of Virginia am am[sic] [worn away fold]do & firmly bound unto Wm. Warwick of said county & state in the Just & full Sum of one thousand pounds [illegible word] to be paid unto the said William Warwick his certain Attorney his heirs Ex'tr or assigns to which payment will & truly to be made, I bind myself my heirs Ex'tr adm'rs firmly by these presents Seald with hand & seal this 2nd day of Dec'r 1782 The condition of the above obligation is such that whereas the said Thomas Poythress has sold two certain Tracts or Parcels of land in Brunswick County the one whereon he now lives known by the name of Randle's Ordinary containing three hundred Acres, the other in [illegible; possibly aycres] Known by the Name of Williams' containing two hundred & fourteen acres now if the [above?] Thomas Poythress [do so?] or Shall Make a good & lawfull Title in said lands & give Possession by or before Christmass[sic] next then the above obligation to void or else to Remain in full force & virtue.
[signed] Thomas Poythress, Seal
Witness
[first name of first witness is partly obliterated by fold & worn away portion, but appears to be:] Hinshia Mabry [first part of the first name or initial of second witness is covered by folded corner] G Williamson
[Document #2 outside is labelled:]
Bond
T.Poythress
Subp'a [illeg]
Bk.
bring Subp'a in
Ch'cy for T'l 214
acres
out of the [worn away or folded back at the fold]
Bk [trd?]
[Document #3 is a small piece of paper:]
Memo for W David Robertson to bring a a[sic] Suit in Chancery against Tho. Poythress for a title to a tract of land in Brunswick County C[ next several words illegible due to crease in paper] and called Randles ordinary, the said Poythress is long ago removed to [the beginning letter of something crossed out here, possibly "G"] the place called Tom.Bigby, now under the Spanish Government.
[signed] Wm Warwick
[*Bpn note: The Tombigbee River is in the area that later, in 1832, became the state of Alabama. This same area was indeed much earlier part of Spanish land. Even after becoming part of the Mississippi Territory purchased by the United States of America, this area was Indian land for some years.]
[Document #3 outside is labelled:]
Wm. Warwick
ag't
Thomas Poythress, 214
&
John Mason & Wm.
Harrison, Surviving
Ex'rs of James Mason
Dec'd. Sub'a in ch'y
[Document #4 is a pre-printed form, with handwriting filling the blanks. The handwritten portions will be contained between double asterisks "**" here. The pre-printed form's letter "s" is the old-style of print-font that looks like a lowercase "f" without the crossbar. ]
The Commonwealth of VIRGINIA to the sheriff of **Brunswick** county, greeting. We command you, that you summon **Thomas Poythress, and John Mason, & William Harrison, Surviving Executors of James Mason dec'd** to appear before our Justices of our county court of **Brunswick** at their courthouse of said county, on the **4th Monday in March [note a handwritten word is crossed out here]** next, then and there to answer a bill in Chancery against **them** exhibited by **William Warwick** And this **they** shall no wise omit under the penalty of 100l. [100£] **each** And have then there also this writ. WITNESS **Charles B. Jones** clerk of our said court at the office, the **6th** day of **December** 17**93** [Bpn note: the form had been printed to say 178_ but the clerk had written a "9" over the preprinted "8" to make the year now read "1793"] and in the **18th**
year of the commonwealth.
[signed] C B Jones
[Document #4 outside is completely in handwriting. Document had been folded into three panels:]
[First panel of Document #4 outside:] January 1794 James Harrison [just below the end of Harrison's name is a squiggle, possibly 2 letters of someone's initials written together]
[Second panel of Document #4 outside:]
Sp'a in Ch'y
Warwick
vs
Poythress & Masons Ex'ers
=
1794 April abates to Masons ex'or & cont for Bill
May Court for Bill
June do July Do Aug't Do
Sept'r Do Oct'r Do Nov'r Do
Dec'r Do
1795 Jan'y Feb'y Mar Do April Dism'd for Want of Bill
May reinstated & ord to the [calls?]
[Third panel of Document #4 outside:]
June Bill filed &Cont'd for ans'r.
July Cont for ans'r
Aug't Do Sep'r Do Oct'o Do
Nov'r Do Dec'r Do
=
1796 Jan'y Do [here crossed out is "February Do"]
February abates by the
Plf's death
=
[Document #5. Note "Poythress" is spelled "Poythess" throughout this one document:]
Jno Walton & Mary his wife late widow of Wm Warwick, dec'd
vs
Thos Poythess Senr
This suit was formerly brought in the name of Wm Warwick but by the Death of Warwick abated. The Land is will'd by Warwick to Mary Walton late Mary Warwick in fee. The case is as follows (to wit) Richard Randle & Mary his wife made a Deed to Jas Mason bearing date the 10th April 1780. James Mason sold the Land to Thos Poythess Senr [note a date is crossed out here] and on the 1st Sept 1782 [note, this date is very difficult to read] upon giving Poythess a Receipt in full for the amount The sd Mason bound himself in an obligation to make a good and lawfull Title for the premises afr'd [aforesaid] to the sd Poythess which written obligation was afterwards assignd to William Warwick, who never recievd[sic] a Deed for the sd Land of the sd Poythess or did the sd Poythess ever recieve[sic] a Deed from James Mason who is now dead & insolvent. Poythess resides in the State of Georgia.
[Document #5 on the back appears to be a continuation from the front side:]
The Deed from Randal & wife to Mason is herewith enclosd, No.1
The Recpt [illeg initials or short word] from Mason to Poythess with the assignment on the Back is also herewith enclosd, No.2
[Document #6:]
To the worshipful Court of Brunswick Co Sitting in Chancery.Humbly complaining Then to your worships, your orator, John Walton and your oratrix Mary Walton his wife, who was late Mary Warwick widow & relict of William Warwick decd, that the Said William Warwick purchased and fully paid for in his life time a certain tract of land situate and being in this County [blank space is left here] containing [blank space is left here] acres [blank space is left here] of a certain Thomas Poythress, from whom he took a bond in the penalty of [blank space is left here] pounds conditioned to make or cause to be made & secured to the Said William Warwick an indefensible right & title in fee Simple of, in & to the Said tract of Land which bond is herewith filed & prayed to be considered as part of this bill - That the Said Poythress had long ago left this commonwealth & that his particular place of residence is not known to your orator & oratrix - that the said Poythress had not the legal, but had certainly an equitable, title to the Said land & bought it of a certain James Mason who has since departed this life, who put him in possession thereof & who received full Satisfaction for it from the Said Poythress, who was in possession of it when the Said William Warwick purchased it. - That the Said William Warwick by his last will & testament which is duly recorded in this worshipful court & prayed to be considered a part of this bill of complaint, Devised all his right & title to the Said Land to your oratrix: that the Said Warwick was in possession of and enjoyed the Said Land for several years & your orator & oratrix in her right now are in possession of it - but that the legal title is in the heirs of the Said James Mason, who are as follow, to wit: [Edmund Mason's name is first, but is lined out], George Mason & Jane Mason, children & coheirs of the Said James Mason decd, William Thompson Mason, James Mason & Edmund Mason children & coheirs of Edmund Mason who was son & coheir of the said first mentioned James Mason, Robert Mabry & Rebecca his wife who was late Rebecca Mason, Ira Ellis & Polly his wife who was late Polly Mason also daughter of the said deceased James Mason, all of whom as well as the said Poythress your orator prays to be made defendants hereto, the infants hereafter mentioned to be made defts by Robertson[?] [this name is followed by a torn portion. This tear is followed by some words that had been darkly marked out. Above the dark marking is inserted:] their guardian - That the said children of Edmund Mason are infants under lawful age [crossed but here is "are infants"] and by law incompetent & unable to convey the legal right remaining in them as representing their said ancestor James Mason, to your orator & oratrix, which in injurious to them & repugnant to equity - which Said infants are prayed to be made defendants hereto by their guardian to be appointed by this court. Your orator & oratrix State further that the Said Land was conveyed in fee simple by a certain Richard Randle to the Said Mason by deed of Indenture, which is duly recorded in this worshipful court & prayed to be considered as part of this bill - That the Said Mason granted a receipt in full to the Said Poythress for the consideration money for the sale of the said Land & thereby promised & obliged himself, his heirs &c [note: "&c" is an abbreviation for "etc"] to make a sufficient & absolute right in fee Simple in & to the said Land to the Said Poythress, & which receipt the said Poythress assigned by an indorsement thereon in his own hand writing to the Said Warwick when he Sold & delivered him possession of the Said Land: which receipt is herewith also filed and prayed to be considered as part of this bill - That though your orator & oratrix in her right use in justice & equity enter [note: possibly "entertain" but the edge of the paper is worn away here] the legal right in fee simple of the said land as well as to the perception & enjoyment of its rents, issues & profits, yet from the infancy of the said Mason defendants & other causes before recited, they are deprived of such right & title; & may by possibility & accident be deprived hereafter of the means of establishing the Same altogether without the aid of a court of equity: In tender consideration whereof & because [note: probably "your orator" but paper is worn away at fold here] oratrix can only be released in the presence[?] [note: a word is missing where paper is worn away here] court of equity, and to the end that all the [note: probably "said" but partially missing where paper is worn away here] defendants & pray fully & unevasively answer all the foregoing allegations on oath & that they shall be decreed by this wor: court to be forever bound & precluded from all right title to the Said land & be decreed & ordered to convey their respective rights to the Said Land to your orator & oratrix for the benefit of your oratrix and that your orator & oratrix be adjudged & decreed to have & enjoy the Same land in fee simple; and that the infant defendants be precluded also from all right & title to the same & decreed to convey their rights & titles therein to your oratrix [a few words are crossed out here] according to the usual principles of courts of equity in similar cases: or that such other & further relief may be decreed to your oratrix & orator in the premises as may be deemed equitable & their case may justly require. May it please You Worships to grant your orator & oratrix the Commonwealth's writ of Subpoena to be directed to the Said Defendants commanding them &c & your orator & oratrix shall &c
[signed] Robertson for Complts
[Document #6 outside, first of two panels:]
John Walton & wife
late Mary Warwick
vs
Jas. Mason's heirs & others
Bill & voucher included
= = =
1799 April Bill filed & Cont for Ansrs
May Cont for ansrs
June do & July Do Aug 1 Do
Sept do; Octr Do; Novr do
December do
=
1800 Jany Do Feby Do
March do April do
May do
May Ct ordered[?] & Decree [issued?]
June Cont
July Contd Augt do
Septr Do Octr do Novr
Do Decr Do
[Document #6 outside, second of two panels:]
1801 Jany Contd Febry Do March Do April do May do June Do July Do Augt Do Septr
Do Octr Do Novr Do Decr Do
=
1802 Jany Do Feby Do March Do April Do May Do June Do July Do Augt Do
Septr Spa iss & Cont for ansrs [subpoenas issued & continued for answers]
Octr cont for ansr
Novr Do Decr Do
=
1803 Jany Do Feby Do March Do April Do May Do June Do July Do Augt Do Septr do
Octr do Novr Do Decr Do
=
1804 Jany Do Feby Do Feby Do Mar Do Apl Dismsd[?]
[Document #7:]
In the name of God Amen. I John Mason of Greensville County being of sound Mind do ordain my last Will and Testament making void all other will or wills heretofore made. I lend my wife Mary Mason the parcel of Land held by Peter Wyche by purchase from William Harrison, but in case her pregnancy should prove abortive or the child should not arive[sic] to a lawful age Then I give and bequeath the above mentioned Land to my said wife to her and her heirs forever. I give and bequeath to my expected Child all the Land I had of Edward Smith with the Land Peter Wyche had of William Waller and I had of Peter Wyche to the said Child and its heirs and assigns forever. I give and bequeath to my wife all my personal Estate of whatsoever kind after paying all my just Debts. I likewise give unto my said wife all the Rents arising from the above mentioned Lands for to assist her in the raising and Educating of my expected Child: I give the Lands which I exchanged with my Brother Edmund Mason to Arthur, Bolling, Little James & John their heirs &c when Arthur is of Age as I have limitted in the Deed of Emancipation and the Rent until then to be given my said wife for to assist her in the raising and Educating of my expected Child. I give and bequeath unto little Nanny and all other Slaves now claimed by me in whole or in part all that liberty and freedom which I might on the footing of law lay claim to with their offsprings forever. It is my Will & desire that my above mentioned Lands should not be cleared nor cut to make any waste more than is necessary for the support of the same. It is my Will and desire that if my expected Child should arive[sic] to a lawful age - that it shall have the Land lent to my wife at her death, to that and its heirs and assigns forever. I further desire that Negro Anthony should live where he has lately built him a House uninterrupted allowing him fire wood, Ground for a Garden, Cotton patch & Potatoes rent free during life provided he behaves well as I believe he will - and likewise that Anne Jefferson should enjoy the same privilege where she now lives if she chooses it upon the same Terms. It is my will and desire that my Uncle William Harrison, my friends Ingram Blanks and Robert Rivers together with my Brother in law Irwin Maclin when of age should act as my Executors and my wife Executrix to this my last will & Testament. I desire to be buried in a plain manner without any Spirits at all by that person my wife shall make choice of. I ordain this to be my last will & Testament as Witness I have hereunto set my hand and seal this ninth Day of April One Thousand Seven Hundred and Ninety Three.
John Mason (L.S.)
Signed sealed & acknowledged
in the presence of
Hubbard Hobbs, Frederich Hobbs, Nath'l. Mabry.
[Outside of Document #7 bears following at the top of the sheet:]
Duly proved and admitted to record At Greensville County Court
August 1793, and Mary Mason the Executrix therein named qualified
thereto according to Law. Teste P. Pelham, Cl. Cur
Extract from the Records Testa P. Pelham, C.of C.
[Outside of Document #7 bears following label in one folded panel:]
Copy
John[sic] Mason's Will
For John Walton
Brunsw'k
[Document #8 is a pre-printed form, with handwriting filling the blanks. The handwritten portions will be contained between double asterisks "**" here. The pre-printed form's letter "s" is the old-style of print-font that looks like a lowercase "f" without the crossbar.]
The Commonwealth of VIRGINIA to the sheriff of **Brunswick** county, greeting. We command you, that you summon **Thomas Poythress and Robert Mabry and Rebecca his wife who was late Rebecca Mason, widow and Extrix of James Mason decd and William Harrison, John Mason & Benja Jones suv'd exers of the said James Mason decd, Edmunds & George Mason sons of the sd Jas Mason decd, and Jane Mason daughter of the sd James Mason decd** to appear before our Justices of our county court of **Brunswick** at their courthouse of said county, on the **4th Monday in March** next, then and there to answer a bill in Chancery against **them** exhibited by **John Walton & Mary his wife late Mary Warwick widow & Devisee of William Warwick dec'd** And this **they** shall in no wise omit under the penalty of 100l. [100£] **each** And have then there also this writ. WITNESS **Herbert Hill** clerk of our said court at the office, the **26th** day of **February** 17**98** [Bpn note: the form had been printed to say 178_ but the clerk had written a "9" over the preprinted "8" to make the year now read "1798"] and in the **22nd** year of the commonwealth.
[signed] H.Hill
[Outside of Document #8 bears following handwritten label at the top of the sheet:]
1798 March 13th Ecid [sic: apparently meant as an abbreviation to show the subpoena had been "executed"] on Benja Jones and those Pres't on Inhabitints[sic]
[signed] Freid'h [appears to probably be an abbreviation for Frederich] Greene
[signed] D?ty [appears to possibly be an abbreviation for Deputy] of Joh[a or n] Stith, Shff
[Outside of Document #8 bears following label in one folded panel:]
R [possibly an abbreviation to indicate it was Recorded]
Spa in chy [apparently an abbreviation for Subpoena in Chancery suit]
Walton
Vs
Poythress Sr
=
1798 April Cont for Bill
May Cont for Bill
June Ditto July Do
Augt Do Sepbr Do
Ocbr Do Novr Do
December Do
=
1799 Jany Feby & March
Do
[Document #9]
Brunswick County May Court 18hundred
John Walton & Mary his wife late Mary Warwick widow and Devisee of William
Warwick Dec'd, Complts
against
Thomas Poythress & Robert Mabry and Rebecca his wife formerly Rebecca Mason widow & e'trix of James Mason dec'd and William Harrison, Benjamin Jones and John Mason exers of James Mason dec'd and Edmunds[,] George and Jane Mason sons & daughter of the aforesaid James Mason, Defts In chancery It appearing to the court that the subpoena which issued in this cause have been regularly served on the Deft Benjamin Jones and the Bill filed in this cause more than three months past and the said defendant have failed to appear and put in his answer thereto agreeable to the rules of this court. On the motion of the Complainants by their counsel it is ordered and decreed that the complts Bill be taken for confessed[?] and the matters thereof decreed accordingly and that the Defts pay the cost of this suit but this decree shall be null & void if the sd Deft shall appear and file his answer on or before August term next.
A Copy Teste
[signed] Herbert Hill Cl SC
(2) [this number is either in parentheses or is circled]
[Outside of Document #9, at top]
10th July 1800 Executed
Jas Harrison Dep for
Richd Fletcher Shff
[Outside of Document #9, in one panel of folded document]
Walton & wife
vs
Poythress &al
[illegible abbreviation, possibly Cpy ordered] 4 [this number is circled] answer
[Outside of Document #9, in another panel, computations done apparently in pounds and shillings to come up with the costs of the suit. Ink blotches make this difficult to read.]
----------------------------------
Thomas Poythress, Brunswick Co, VA Chancery Ct Record 1788-008
Transcription Notes: This record is related to Record 1796-017 transcribed above.
Transcribed below are the 2 documents contained in record #1788-008, by Barbara Poythress Neal, who invites any clarification of the reading of the handwriting from anyone else who has occasion to examine this record.
As noted in the Chancery Court record #1796-017 (which this record should really be a part of), William Warwick was plaintiff & Thomas Poythress was defendant. This record contains 2 un-numbered documents, which are numbered here by the transcriber. Both documents are completely handwritten.
[Document #1]
The Commonwealth of Virginia To the Sheriff of Brunswick County Greeting we command you that you Summon Thomas Poythress to appear before the Justices of our said County Court at the Courthouse of our said County in Chancery on the fourth Monday in March next To answer a Bill in Chancery exhibited against him by [marked out here is the name "Thomas Poythress"] William Warwick And this he shall in no wise omit under the Penalty of £100 And have then there this Writ Witness Drury Stith Clerk of our said Court the 5th Day of Dec'r 1786
[signed] Griffin Stith DCl C [probably stands for Deputy Clerk of Court]
[Document #1's back side has 3 panels where the document was folded. The first panel indicates that Thomas Poythress was not found to be an inhabitant of the county:]
No Inhabitant
[signed] Briggs Goodwin[?], DS [probably stands for Deputy Sheriff]
[label on the second panel of Document #1's back side:]
Sp'a [Subpoena] in Chancery
Warwick
vs
Poythress
=
March 1787 Citt'a[? possibly for Citation being issued? or possibly this is "Att'a"] Aug't [note, this is written above two words that have been crossed out, the first of which is Nov'r, second of which is illegible] March 1788 Aug't New Citt'a Nov [illegible word]
[third panel of Document #1's back side is blank]
[Document #2]
The Commonwealth of Virginia To the [sic; apparently the word "Sheriff" was inadvertently left out] of Brunswick County Greeting we command you that you Attack Thomas Poythress so that you have his body before our Justices of our said County of Brunswick on the fourth monday[sic] in Nov'r next To answer us as well of a certain Contempt [note: "Contempt" is written above the word "Complaint" which was marked out] by him to us offered as it said upon those things which to him shall then & there be objected & further to do & receive what our said Court shall in this part Consider and have then there this writ. witness Drury Stith Clerk of our said Court the 2d Day of Sept'r 1788
[signed] Edmunds Stith DC [probably stands for Deputy Clerk]
[Document #2's back side has 3 panels where the document was folded. The first panel indicates that Thomas Poythress was not found to be an inhabitant of the county:]
No inhabitant
[signed] Grief Harwell
[label on the second panel of Document #2's back side:]
Warwick
vs
Poythress
Citt'a [? possibly for Citation being issued? or possibly this is "Att'a"]
for
Answ'r
[on the third panel of Document #2's back side:]
For not answering a Bill in Chancery exhibited against him by William Warwick
[signed] Edmunds Stith DC [probably stands for Deputy Clerk]
------------------------------------------
Thomas Poythress, Brunswick Co, VA Chancery Ct Record 1793-008
Transcription Notes: This record is related to record 1796-017. Transcribed below are the 2 documents contained in record #1793-008, by Barbara Poythress Neal, who invites any clarification of the reading of the handwriting from anyone else who has occasion to examine this record.
As noted for Chancery Court record #1796-017 (above), William Warwick was plaintiff & Thomas Poythress was defendant. This record contains 2 un-numbered documents, which are numbered here by the transcriber. Both documents are pre-printed forms with blanks filled in by handwriting, of the same type as documents #4 & 8 in the record #1796-017. The pre-printed form's letter "s" is the old-style of print-font that looks like a lowercase "f" without the crossbar. The handwritten portions in these documents are enclosed here in double asterisks "**"
[Document #1]
The Commonwealth of VIRGINIA to the sheriff of **Brunswick** county, greeting. We command you, that you summon **Thomas Poythress** to appear before our Justices of our county court of **Brunswick** at their courthouse of said county, on the **4th Monday in November Instant** [Bpn note: thus he is to appear later in the same month this form was completed] then and there to answer a bill in Chancery against **him** exhibited by **William Warwick** And this **he** shall no wise omit under the penalty of 100l. [100£] . **---** And have then there also this writ. WITNESS **John Jones** clerk of our said court at the office, the **1st** [note: day is not clear due to ink blotch] day of **November** 17**92** [Bpn note: the form had been printed to say 178_ but the clerk had written a "9" over the preprinted "8" to make the year now read "1792"] and in the **17th** year of the commonwealth. [signed] H. Hill DC [note: probably stands for Deputy Clerk]
[First panel of back side of Document #1 indicates that Thomas Poythress was not found to be an inhabitant of the county:]
No Inhabitant
[signed] Robt Harrison DC
[Second panel of back side of Document #1:]
Sp'a in Chy [Subpoena in Chancery]
Warwick
vs
Poythress
1792 Dec'r Alius[?] Subpoena
=
June abates by [illegible]
[Document #2]
The Commonwealth of VIRGINIA to the sheriff of **Brunswick** county, greeting. We command you, [Bpn note: crossed out are the pre-printed words "that you summon"] **as before you have been Commanded that you summon Thomas Poythress** to appear before our Justices of our county court of **Brunswick** at their courthouse of said county, on the **4th Monday in March next** then and there to answer a bill in Chancery against **him** exhibited by **William Warwick** And this **he** shall no wise omit under the penalty of 100l. [100£] **---** And have then there also this writ. WITNESS **John Jones** clerk of our said court at the office, the **11th** day of **December** 17**92** [Bpn note: the form had been printed to say 178_ but the clerk had written a "9" over the preprinted "8" to make the year now read "1792"] and in the **Seventeenth** year of the commonwealth.
[signed] H. Hill DC
[First panel of back side of Document #2 indicates that Thomas Poythress was not found to be an inhabitant of the county:]
No Inhabitant of any Bailwick
[signed] Robt Harrison
[Second panel of back side of Document #2]
Als. Sp'a [Subpoena]
Warwick
vs
Poythress
-------------------
Thomas Poythress, Brunswick Co, VA Chancery Ct Record 1804-031
Transcription Notes: This record is related to Chancery Ct Record 1796-017.
Transcribed below are the 5 documents contained in record #1804-031, by Barbara Poythress Neal, who invites any clarification of the reading of the handwriting from anyone else who has occasion to examine this record.
In the Chancery Court record #1796-017 (above), William Warwick was plaintiff; Thomas Poythress was defendant and the heirs of John Mason were also defendants. The documents in that record dated from 1788 to 1800, and during that time, Thomas Poythress was not found to be an inhabitant of Brunswick County, VA. This record shows that attempts were made to locate the Mason heirs in various southside Virginia counties: Brunswick, Southampton, Greensville, and Sussex. This record contains 5 un-numbered documents, which are numbered here by the transcriber.documents. All are handwritten.
[Document #1]
The Commonwealth of Virginia to the sheriff of Brunswick County greeting you are hereby commanded to summon Thomas Poythress[,] Robert Mabry & Rebecca his wife who was late Rebecca Mason widow & Extrix of James Mason[,] & William Harrison, John Mason & Benja. Jones[,] surviving ex'cors of the said James Mason[,] Seth Mason & Jane daughter of the sd James Mason[,] Ira Ellis & Polly his wife widow of John Mason to appear before the Justices of our said County Court at the Courthouse on the 4th monday[sic] in May next then and there to answer a bill in Chancery against them exhibited by John Walton & Mary his wife late Mary Warwick widow & devisee of William Warwick dec'd and this they shall in no wise omit under the penalty of £100 each and have then there this writ Witness Herbert Hill clerk of our said Court this 5th day of April 1802 In the 26th year of our foundation.
[signed] H Hill
[Document #1's back side has 3 panels where the document was folded. First panel:]
Executed on Ira Ellis & Polly his Wife
[signed] Js Rice deputy
For
Wright Tucker shff [Sheriff]
[label on the second panel of Document #1's back side:]
Sp'a [Subpoena] in Chancery
Walton & wife
vs
Poythress & al
228 [or possibly 22 with a symbol that may stand for "shillings"]
Ira Ellis
[Document #2]
The Commonwealth of Virginia to the sheriff of Greensville County greeting you are hereby commanded to summon George Mason & Seth Mason & Jane his wife[,] children and coheirs of James Mason[,] Wm T Mason[,] James Mason & Edmunds Mason, Robert Mabry & Rebecca his wife[,] Ira Ellis & Polley his wife to appear before the Justices of our said County Court at the Courthouse on the 4th monday[sic] in May inst [Bpn note "next" was first written and is marked out. Above it is written the abbreviation for "instant" meaning they are to appear the same month this document was written] to answer a bill in Chancery against them exhibited by John Walton & Mary his wife late Mary Warwick widow & relict of Wm Warwick. And this they shall in no wise omit under the penalty of £100 each and have then there this writ Witness Herbert Hill clerk of our said Court this 5th day of April 1802 In the 26th year of our foundation.
[signed] H Hill
[Document #2's back side has 4 panels where the document was folded. The following writing that extends down through the first and second panel contains names of those who were served the subpoena & of those who were not found to be served, but the lack of punctuation makes it unclear exactly how many were not found]
Executed on Edm'd Mason & George Mason, Seth Mason Wm T Mason James Mason James[sic] Mason Rob't Mabry Rebeca Mabry Ira Ellis and Polley Ellis not found in my Bailwick [signed] J[?] C[?] Lundy DS [Deputy Sheriff] of Esau[?] Goodwyn The sheriff of Greensville County
[label on the third panel of Document #2's back side:]
Sp'a [Subpoena] in Chancery
Walton & wife
vs
Mason & al
May Bruns. Co 1802
GCo [abbreviation for Greensville Co]
[on the fourth panel of Document #2's back side are listed all the names of those sought, apparently so the deputy carrying the document didn't need to keep opening it up to refer to the names]
Geo Mason
Seth Mason
Jane Mason
Wm T Mason
Jas Mason
& Edmund Mason
Robt Mabry
Rebecca Mabry
Ira Ellis
Polly Ellis
[Document #3]
The Commonwealth of Virginia to the sheriff of Southampton County greeting you are hereby commanded to summon George Mason[,] Seth Mason & Jane his wife, James Mason[,] Wm T Mason[,] James Mason & Edmunds Mason, Robert Mabry & Rebecca his wife[,] Ira Ellis & Polley his wife to appear before the Justices of our said County Court at the Courthouse on the 4th monday[sic] in May inst [Bpn note "next" was first written and is marked out. Above it is written the abbreviation for "instant" meaning they are to appear the same month this document was written] to answer a bill in Chancery against them Exhibited by John Walton & Mary his wife and this they shall in no wise omit under the penalty of £100 each and have then this writ Witness Herbert Hill clerk of our said Court this 5th day of May 1802 In the 26th year of our foundation.
[signed] H Hill
[First panel on back side of Document #3]
The sheriff of Southampton
County
[Second panel of back side of Document #3]
Sp'a in Chy
Walton & wife
vs
Mason &c
Southampton
[Document #4]
Brunswick Co
The Commonwealth of Virginia to the sheriff of Southampton County greeting You are hereby commanded to Summon George Mason, Seth Mason & Jane his wife, James Mason[,] William T Mason[,] James Mason & Edmunds Mason[,] Robert Mabry & Rebecca his wife[,] & Ira Ellis & Polley his wife to appear before the Justices of our said County Court at the Courthouse On the 4th Monday in August instant [Bpn note "to answer" was first written and is marked out] then & there to Answer a Bill in Chancery against them exhibited by John Walton & Mary his wife and this they shall in no wise omit under the Penalty of £100 each & have then there this writ Witness Herbert Hill clerk of our said Court this 7th day of August 1802 In the 27th year of our foundation.
[signed] H Hill
[First panel on back side of Document #4]
1802 August 16th Executed on Rob't Mabry & George Mason. Not on Rebecca Mabry for the want of time. As to the rest No Inhabitants
[signed] TW[?] Beal DS
For J Browne Shff
[Second panel on back side of Document #4]
Sp'a in Chy
Walton & wife
vs
Mason &c
=
1802 Augt Court
[Document #5]
Brunswick Co
The Commonwealth of Virginia to the sheriff of [Bpn note: crossed out here was "Brunswick"] Sussex County greeting You are hereby commanded to Summon George Mason, Seth Mason & Jane his wife, James Mason[,] William T Mason[,] James Mason & Edmunds Mason[,] Robert Mabry & Rebecca his wife & Ira Ellis & Polley his wife to appear before the Justices of our said County Court at the Courthouse On the 4th Monday in August instant then & there to answer a Bill in Chancery against them Exhibited by John Walton & Mary his wife and this they shall in no wise omit under the Penalty of £100 each & have then there this writ Witness Herbert Hill clerk of our said Court this 7th day of August 1802 In the 27th year of our foundation.
[signed] H Hill
[First panel on back side of Document #5]
Executed on Seth Mason & Jane his wife. And George Mason, James Mason, Wm T Mason, James Mason[,] Edmunds Mason, Rob't Mabry & Rececca his wife[,] Ira Ellis & Polly his wife no Inhabitants [signed] James Belcher DS of R Booth Shff 18th August 1802
[Second panel on back side of Document #5]
Sp'a in Chy
Walton & wife
vs
Mason &c
=
1802 Augt Court
----------------------------
Transcription Notes:
This record does not appear to be related to the other four Brunswick County, VA records transcribed above. As mentioned earlier, the name of Thomas Poythress appears in five Chancery Court records for Brunswick County, VA, which records are maintained by the Library of Virginia in Richmond, VA:
Transcribed below is the only document contained in record #1792-007, by Barbara Poythress Neal, who invites any clarification of the reading of the handwriting from anyone else who has occasion to examine this record. This document is entirely handwritten, and has two significantly large torn away portions at a fold in the middle of the page.
To the Worshipful Court of Brunswick County sitting in Chancery Humbly Complain't Shew[sic] unto Your Worships yr [your] Orators William Mallory & Wood Jones Hamlin that some time about the [blank] day of [blank] 1782 yr orator William Mallory executed a bond or note payable to a certain Thomas Poythress for the sum of £6.10 or there abouts some time after which & not long before the said Poythress left this State. Yr orator William [sic] actually paid the sd [said] Thos [sic] the full amt of the sd Bond & required him to give up the same to be canceled [sic] whereupon the sd Poythress inform'd yr ora. William [sic] that he had lost or mislaid the sd Bond & promised before a Witness to destroy the same should he find it again which yr orators expect to be able to prove at this time -- Notwithstanding which circumstance the sd Thos Poythress shortly after left this State without having destroy'd the sd Bond & the sd Bond [hole torn in paper eliminated part of next word, which could have been "causing"]ng by some means unknown to yr orators come [hole torn in paper eliminated next word(s)] of a certain Th[hole torn in paper eliminated word(s)] a [hole torn in paper eliminated word(s)] upon the sd Bond [hole torn in paper eliminated word(s)]t ag'n yr orator [hole torn in paper eliminated word(s)] who employ'd an atty [hole torn in paper eliminated word]d from[?] in the sd Suit & being informed by the Clk [hole torn in paper eliminated word, possibly "that"]t would be time enough to S'pa [Subpoena] his Witnesses to this Court yr orator William inform'd his Lawyer that the sd Suit woud[sic] not come on till March Court but so it is may it Please yr Wor. that a Jud't [judgement] was entered up ag't yr orator Wm & yr orator Wood Jones Hamlin on his common Bail in the Month of November last for the sd Bond & Costs of suit notwithstand'g yr orator William expressly charges that he hath fully paid & satisfied the said Bond to the same [Bpn note: here the name "Wm" was first written and crossed out; above it is:] Thomas Poythress Sen'r before he left this State & expect he can prove the same when & where this Court shall direct -- all which actings & doings of the sd Thos Poythress & his confederates who yr orator pray [Bpn note: here marked out are two words "when Discovered"] may be made Defendants to this Bill in contrary to Equity & Justice -- In tender Considerations whereof & as yr orators are remediless in the Premises without the
[continued onto back of sheet]
Aid of this Wor, Court -- To the end therefore that the said Thom's Poythress Sen'r [Bpn note: the "Sen'r" was inserted above the line after this portion was written] may upon his Corporal oath full true & perfect answer make to all & singular the allegations contained in this Bill & that as fully as if the same were herein again repeated & he [illegible] particularly interogated & in the mean time that the sd Thos Poythress may be enjoined from all other & further proceedings upon this[?] Jud't at Law until the further order & Decree of this Court -- or that yr Worships will make such further order & Decree in the Premises as may be agreeable to Equity & the Nature of This Case may require May it Please yr Wor. to grant unto yr orators the Commonwealths Writs of Sp'a & Intg'on [Interogation?] to be directed to the sd Deft thereby Commanding him &c &c
[signed] Gri[illeg] H Comp't
[Below the fold on the back of sheet, is the label & below entry]
Sp'a & Ing'on ["Subpoena" & possibly "Interogation"]
Mallory &al
vs Poythress
=
July abates for want of bond
=
This Day came William Mallory before me a Justice of the peace for the County of Brunswick and made oath that the writing in this Bill contains the truth and Nothing but the truth given under my hand this 17 Day of May 1792
[signed Richard Hutchen[?]