The following comes was transcribed and sent me by

Rick Allen – see correspondence

 

Virginia Chancery Court Case, 1813-003 Augusta County (Virginia Chancery Index – in Lee County – apparently misfiled).

 

29 March 1811 – Lee County Courthouse

Whereas on 29 March 1808 at courthouse in said county William Birdwell for the benefit of Andrew McHenry exhibited his bill of complaint against Frederick Fulkerson and John Payne, defendants…Orator William Birdwell sometime in the year 1806 for the benefit of Andrew McHenry sold a certain Negro woman to a certain James Payne in the state of Tennessee for $360 and trusted him sixty days.  The said Payne clandestinely removed to Lee County and sold said Negro woman to a certain Benjamin Sharp for $300…Instituted suit against Payne in Lee County.  Said James Payne pretending said slave was not of sound understanding instituted a suit in said court against your orator for fraud in the sale of said slave the said James at the same time put his property out of his hands to prevent your orator of recovering the money if he should obtain a judgment. That after some time the said James Payne and your orator submitted all their matters of difference to the final determination of _______(blank). 

Before the said submission was made it was mutually agreed upon by the said James Payne, John Payne his brother, and your orator that $150 out of a certain debt of $200 which would after sometime become due from a certain Frederick Fulkerson to the said John Payne for part of the property which had by the collusion of said John and James Payne been sold to said Frederick to prevent your orator from recovering his just debt should be applied to the discharge of so much of the amount which the arbitrators should award to your orator.

Mentions Isaac Fulkerson, brother of Frederick. 

Birdwell later states Frederick Fulkerson and John Payne combined together against your orator – Fulkerson promised to be Birdwell’s friend but then participated in a scheme to defraud.

John Payne discounted part of debt on said Frederick for part of the property of James Payne put out of his hands after he removed to the said county of Lee.

Birdwell asks Fulkerson be decreed to pay to your orator $150 for the benefit of said Andrew McHenry. 

                                                            Document is signed A. McHenry, Atty. for Plaintiff

 

(some pages – 6- 7) appear to be missing.

page 8 – Isaac Fulkerson in whose hands the note was ledged as your respondent (appears to be Frederick Fulkerson) understood by James Payne – said Isaac refused to deliver the note until Birdwell and James Payne were present he being so directed by them.

Denies all kinds of fraud. Respondent remembers being present part of the time when several persons were settling some business in a room of Charles Noe’s which respondent understood to be the law surety between James Payne and Birdwell but respondent denies being part of any agreement which took place then or any other time between said James and Birdwell.

Respondent (Frederick Fulkerson) says he bought three horses of John Payne for balance of price of which he gave his note for $200 payable as well as your respondence recollects in fall of 1807 that a few days after he executed said note he fell in company with said Birdwell on his way back from Lee Courthouse to Tennessee and your respondents on his way to Washington as they traveled on together in the course of conversations before they arrived at the devils racepaths where said Payne then lived the said Birdwell told your respondent that James Payne owed him for a negro which said Payne had bought of him and sold to Benjamin Sharp and that said Birdwell allowed said Payne would not pay him therefore if he could help it. Your respondent then told said Birdwell that he owed John Payne $200 and said that if he said Birdwell would get that claim from said Payne when they came to said Payne’s house he (your respondent) would pay it when due but when they arrived the said John Payne utterly refused saying he would not sell said note nor did he. Your respondent and said Birdwell then came together to Moccasin Gap where they parted but before they parted said Birdwell expressed a regret because he could not get respondent said note from John Payne and your respondent thought no more of the matter.  Your respondent knew nothing of the settlement between James Payne and Birdwell but states sometime afterward he went to Lee where he saw James Payne who told him he had sold to Birdwell $150 of the bond James Payne had on him and that the bond was lodged with Isaac Fulkerson. Your respondent replied very well if it was so he would pay it when due. Your respondent afterwards told a certain John Hanby who was indebted to him and who was unable to pay him in money but offered a horse that if he would procure a good receipt against his bond due John Payne he would accept it against payment but that a horse did not suit him said Hanby then went to Birdwell whom he understood had your respondenst bond and said Hanby on his return told this respondent that Birdwell said he had no bond of this respondents but would one day have a negro yet for Payne’s debt sometimes afterwards your respondent saw John Payne and told him that James Payne told this respondent that he James had sold $150 of your respondents bond to Birdwell. John Payne replied that he had not sold it nore knew nothing of it that the bond had been left with James to keep for him that he never agreed to the sale that he contracted with this respondent that he would look to him for payment and if he did not pay him when due he would sue him said John then stated that he would take a horse beast as he then wanted due for part of the debt as it was not yet due and asked this respondent what he would take for the mare he was then riding this respondent asked $150 but finally agreed to take $145 which he thinks was he value at that time in a payment of that kind and thereupon a bargain was struck. This respondent then went to Isaac Fulkersons to obtain a credit on said note which was about the ____(blank) day of ____(blank) but when said Payne applied for said note said Isaac told him that the note had been given him by James Payne and that it was agreed between said James and Birdwell that he should not surrender the note until they were both present that is the said James and Birdwell. The said John then executed his receipt in full against said note and thereupon in addition to the price of the mare aforesaid your respondent executed his note to said John payable at the time his other note was due for the balance of which was $55 said Payne then said that he would stand between this respondent and all damages which last mentioned note your respondent has understood is now in the possession and belongs to Major Daniel Sheffy. This respondent denies all fraud and collusion of whatsoever nature and also denies all and every part of the bill and not herein answered or confessed…prays to be dismissed…..                                                                                                       Campbell, Atty.

Washington County   24 September 1808 – This day Frederick Fulkerson appeared before me Jonathan Smith, a justice of the peace for said county and made oath that the allegations contained in the foregoing answer so far as they relate to his own acting’s and doings are true……  

To which answer the plaintiff replied and the defendant rejoined and General Commissioners awaded them to be examined and take the depositions of their witnesses in this cause…The cause was continued from term to term until this day to wit – At a Court of Quarter Sessions continued and held for Lee County the 24th day of August 1809.  James Payne made defendant to said bill. 

Answer of James Payne – ….so much of complainant’s bill related to the purchase of a negro by him of the complainant is true in as much as he did purchase a negro for which he was to pay the sum of $350 as will be shown by the receipt of the complainant hereunto annexed instead of #360 as stated in the bill that at the time of his executing the said receipt to this respondent there was an understanding that he was intitled to $150 out of a bond given by F. Fulkerson to J. Payne and then deposited in the hands of Isaac Fulkerson to which bond your respondent avows himself to have had the equitable title although given to his brother John Payne and taken in his name yet your respondent being then in possession of it and it having been in consideration of property belonging to him and sold by his brother to F. Fulkerson by your respondents request without intending either fraud or collusion as is unjustly alleged he thought himself under such circumstances justifiable on acceding to the proposition made him by the complaint to him before the award was made to wit that the arbitrators might award as part payment for the negro a part of the debt due and said bond given by said Fulkerson that immediately on the award as being made that the respt. complied with it by giving up the bond to be placed in the hands of Isaac Fulkerson with this condition that he would not be responsible for any failure to recover the money and at the same time delivered to the complainant many other articles in further payment of that debt at which time the complainant executed the receipt hereunto annexed which he declared that in consideration of the notes and money other things that he should not care or be a looser if he never recovered the $150 of the bond meaning thereby that he was satisfied for the debt due your respondent believing himself exonerated from the debt by the receipt given to him by the said complainant gave himself no further trouble about it but thought it settled until sometime afterwards he understood that there had been some misunderstanding about said bond and that Andrew McHenry had purchased up said claim for a mere trifle which he supposes would not have been done had ??? the said Birdwell received ample consideration thereupon your respondent begs leave further to state that he has never received one cent in consideration of the bond put into the hands of said Isaac Fulkerson but that it now remains in his hands that if the said Birdwell had by his negligence permitted any other person to come forward and reap the benefit of the bond he is not to blame.  Your respondent begs leave further to state that he heard the complainant say at his age that on a settlement of accounts with John Payne that he was indebted to him and sum of three hundred dollars these and other considerations induced your respondent to believe that the complainant has received ample compensation for the money awarded him and that it was a fraudulent act no(?) the complainant to pass away the pretended claim and verily believes that said McHenry did purchase the claim under the impression that it had been satisfied although they might not be able to establish it. Your respondent denies all fraud and collusion on the occasion whatsoever…..  25 August 1809

                                                                                                            Charles CARTER< C.S.C.

The receipt mentioned in the foregoing answer executed by William Birdwell to James Payne is in the following words to wit.

            Received of James Payne in full of a note that he gave me for three hundred and fifty dollars it being in full of all debts bonds or book accounts to this date I say received by me this first day of November 1806. As witness my hand and seal.                                     Wm. Birdwell

Test: Isaac Fulkerson,       John Bishop

 

The cause was then continued till this time to wit – At a Court of Quarter Sessions held for Lee County the 27th day of March 1810. 

 

The plaintiff made a general replication to the answer of the defendant James Payne and by consent of the parties by their attornies General Commissions are awarded them to examine and take the depositions of their witnesses…

 

By virtue of a Commission from the Worshipful Court of Lee County to us directed in the case of William Birdwell for the benefit of Andrew McHenry complainant against Frederick Fulkerson, John Payne, and James Payne, defendants and have caused Isaac Fulkerson to come before us at the Courthouse in said county of Lee on the 24th day of October 1810 who being first duly sworn deposed and saith several years ago William Birdwell came to this deponent’s house and informed him that the difference between him and James Payne was arbitrated and that he was to have one hundred and fifty dollars out of a note of two hundred dollars given by Frederick Fulkerson to John Payne and that the balance was to be paid in property he then got this deponent and John Bishop, Senr. to go and value the property which they did and the said Frederick Fulkerson’s note was given into the hands of this deponent by said Birdwell and James Payne to keep till he should see the said Frederick when he the said deponent was to give up the original note and take a separate note to Birdwell for the hundred and fifty dollars and one to the said John Payne for the balance as he now thinks and in case the said Frederick Fulkerson would not agree to do this this deponent was to keep the note till both parties came to less(?) it and upon this the said Birdwell gave Payne a full receipt. This deponent further states that when he first informed said Fredrick Fulkerson of this agreement the said Frederick informed him that he had paid the said John Payne nearly up and the next day said Payne came and demanded the said note which this deponent refused to deliver the said Payne then gave the said Frederick Fulkerson a receipt against the note. 

Question: Was that note assigned by Mr. Birdwell?

Answer: No.

Question: Was one hundred and fifty dollars of the said note considered at that time as payment to Mr. Birdwell from James Payne?

Answer: It was.

Question by defendant James Payne: Did not Birdwell direct you to give up the said note till him and myself were present?

Answer: He did.

Question by said Payne – Did you not value one hundred and fifty dollars in horses to said Birdwell?

Answer: I think I did But the time has been so long since I cannot well remember the amount.

Question by same – Did you see and let Birdwell have a saddle at twenty-eight dollars at the same time?

Answer: I think there was something said about his getting a saddle from you at that time but I cannot remember certainly on what account but I rather believed he got one.

Question by same did not Birdwell tell me that if he never got anything more that him and me were clear from the Beginning?

Answer: It appears to me that there was a great deal of such talk between you but the express words I cannot remember and further this deponent sait not…

                                                                                                Isaac Fulkerson

John Ewing, Benjamin Sharp

 

Lee County to wit:

This day came John Poteet personally appeared before me and made oath that about four years ago he understood that James Payne sold to Frederick Fulkerson the horses for which he understand a note was taken from said Fulkerson in the name of John Payne but that the property belonged to James Payne that at the time of the notes being taken said James and John called on the affiant and he believes his father who was present with others and sold them that the note then taken in the name of the said John Payne of Frederick Fulkerson was taken for the benefit of said James Payne. This affiant feels very positive that the horses sold was James Paynes as he had frequently seen them in the possession of said James and they frequently spoke of trading for one of them. And further this affiant saith not. Given under my hand this 29th day of March 1811.

                                                                                                            John McKinney

 

The following is a receipt executed by John Payne to Frederick Fulkerson

Received of Frederick Fulkerson in full for a note that he gave me for two hundred dollars dated th 26th day of March 1806 and due the first day of September 1807. I say received of him this 9th day of April 1807.

                                                                                                            John Payne

Test: David Little (or Tittle), Denny(?) Spurlock

And the cause was continued until this time to wit: At a court of Quarter Sessions continued and held for Lee County the 29th day of August 1810.

            The complainant for good cause shown to the court and on the motion of the defts by their attorney being required to give security for the payment of such costs as may accrue in the cause.

            Andrew McHenry came into court and undertakes for the plaintiff that in case he is cost he shall pay and satisfy said costs or that he the said Andrew McHenry will do it for him.

 

The cause was then continued until this time.

At a court of Quarter Sessions held for Lee County the 23rd day of october 1810.

On the motion of the Complainant by his Attorney the further time of two months is given the parties to take the deposition of their witnesses in this cause.

The said cause was from thence continued from term to term until this time to wit:

At a court of Quarter Sessions continued and held for Lee County the 29th day of march 1811.

This cause this day came on (by consent of all the parties) to be and on the bill and answer for the defendants John Payne, Frederick Fulkerson, and James Payne and the deposition of Isaac Fulkerson taken in the cause and also the affidavit to John Poteet taken by the defendant James Payne and the other exhibits & the arguments of counsel for all the parties.  On consideration whereof it is the opinion of the Court and accordingly ordered and decreed that the said defendant John Payne and the defendant James Payne his brother pay unto the complainant the sum of one hundred and fifty dollars with interest thereon at six per centum per annum from the first day of September 1807. And that the defendants John and James Payne pay unto the complainants his costs in this behalf expended. The court declaring at the same time that they considered there had been a collusion between the two Paynes and as to the defendant Frederick Fulkerson it is ordered that the bill of the complainant be dismissed and that the complainant pay the said defendant his costs. From which decree the defendants John & James Payne prayed an appeal to the third day of the next Chancery district court to be holden at Staunton which is granted them on their complaying with the law in that case made and provided by giving an appeal bond with sufficient security in the sum of four hundred dollars. Whereupon the said james Payne for the defendant John Payne with Charles Carter, Charles Noe, and John Martin, his securities entered into bond as aforesaid with condition as the law directs.

 

Bond is then given dated 29 March 1811 by James Payne, John Martin, Charles Noe, and Charles Carter, all of Lee Co. VA.  Bound unto William Birdwell for the benefit of Andrew McHenry for $400 – prayed an appeal to the Superior Court of Chancery to be held for the Staunton district

At a court of Quarter Sessions continued & held for Lee County the 30th day of March 1811.

On the motion of James Payne and John Payne by their Attorneys it is ordered that the appeal ordered by them yesterday from a decreed pronounced against them yesterday in favour of William Birdwell for the benefit of Andrew McHenry be withdrawn and the proceeding on said appeal quashed.

On the motion of James Payne by his Counsel a review is granted him to stay proceedings on a decreed pronounced against him and John Payne yesterday in favour of William Birdwell for the benefit of Andrew McHenry until the same can be set(?) and he having filed his bill for that purpose and entered into bond with John Martin, Charles Noe, and Charles Carter his security in the penalty of four hundred dollars payable to the said William Birdwell for the benefit of Andrew McHenry conditioned as the law decrees and by consent of the parties by their attorneys commissions(?) are awarded them to examine and take the deposition of their witnesses in this state and Tennessee in the said cause which are to be read as evidence at the trial thereof giving each other legal notice of the times and places of executing the same.

Which bill of review and the deposition of sundry witnesses duly taken and published in this cause according to the usual causes of this court as filed by the parties and other exhibits if allow in these words, to wit:

To the Worshipful Court of Lee County in Chancery sitting the bill of complaint of James Payne hereby represents that during this term a decree was rendered against him and one John Payne for one hundred and fifty dollars at the suit of _____ Birdwell for the benefit of Andrew McHenry which decree your orator avers to be manifestly unjust as it respects him for the following reasons. that the complainant made Frederick Fulkerson a defendant to the said suit and thereby deprived him of the benefit of his testimony which he deems all important in the establishing the justice of his defense and in proving that he has absolutely paid the money which has been decreed to be paid a second time by him your orator further states that the said Fulkerson was unjustly and improperly made a defendant to the original bill of the complainant as it will appear to the court from the circumstance of his being dismissed from the Court with his costs your orator does not charge that said Fulkerson was made a party to this suit for the purpose of depriving him of his Fulkerson’s testimony but the effect to him was the same as he was deprived of said Fulkerson’s testimony which he has already stated was material in the suit. Your orator further avers that he deemed the receipt all sufficient to discharge him if supported by the testimony already mentioned and that others which he will be ablt to obtain if this worshipful court will grant him a rehearing of the cause and this he hopes will not be refused notwithstanding he has prayed an appeal from the decree of the court as he will not be able to introduce before the Superior Court any other testimony than was before this court in which case it is possible that a decree may be rendered against him which your orator charges will be unjust and ???? as he has without his own fault but by the act of the complainant to the original suit been dep??? of one of his most important witnesses he conceives and he believes that he will be further able to prove that Birdwell received of him the transfer of $150 out of the note in Isaac Fulkerson’s hands without recourse and that he was justly entitled to the said note taken in the name of John Payne that he has received fifty dollars of the note that John Payne has received the balance therefore and that he is responsible to the complt. if any body and not your orator….

                                                                                                            30 March 1811

                                                                                                Test: Charles Carter, C.M.

(NOTE: Here is another bond signed by James Payne, John Martin, Charles Noe, and Charles Carter).

 

Pursuant to an order of of the Worshipful Court of Lee to us directed we have this 14 day of June 1811 proceeded to take the deposition of John Bishop at the dwelling house of Isaac Fulkerson, Esquire, to be read as evidence in a certain matter of controversy now as pending in the said county Court of Lee wherein William Birdwell for the benefit of Andrew McHenry is complainant and James Payne, defendant.  He, the said John Bishop, upon his oath, deposed and saith that he this deponent was called on by James Payne to value property at the house of the said James Payne to said Birdwell and that he * Isaac Fulkerson valued one mare and two colts to to said Birdwell and that the said Payne delivered to Isaac Fulkerson a bond on Frederick Fulkerson for two hundred dollars and that a balance of fifty dollars was due to said James Payne out of said bond but does not recollect who the balance of said bond was to be paid to.

Question by James Payne: Do you recollect that said Birdwell acknowledged that I had paid & satisfied my debt to him when he received the said mare & two colts and I delivered the said bond to Isaac Fulkerson?

Answer: I do remember that he appeared very well satisfied and understood that they were clear at that time by said Birdwell.                                                                                 John Bishop

Robert Duff, Isaac Fulkerson

Question by James Payne: Did you not value property at my house for William Birdwell?

Answer: I did.

Question by the same: Did Birdwell acknowledge on receiving the property you valued to him also a note on Frederick Fulkerson that we were clear?

Answer: He did.

Question by the same: Did Birdwell say that if he never got anything that he would never look to me for anything?

Answer: He did.

Quest: Did Birdwell appear satisfied or not?

Answer: He said he was perfectly satisfied. 

the above deposition was taken agreeable to a Commission to us directed on a certain matter of Controversy wherein William Birdwell for the benefit of Andrew McHenry, Complainant, and James Payne, Deft., we have caused Isaac Fulkerson to come before us and after being sworn the truth to speak deposed as above.

                                                                                                            Isaac Fulkerson

James Huff, William Yeary

 

of a suit in chancery between William Birdwell for the benefit of Andrew McHenry, Complt. and James Payne, defendant.

Question by James Payne? Did you not conssider the horses which you purchased from John Payne my property?

Answer: I did until a note was presented to me for the purpose of regueing(?) I observed then to James & John Payne that it was my impression that the note was to be given to James Payne they made answer to me it was to be executed to John Payne for some purpose for what purpose at present I do not recollect.

Question by same: Did you not know that the note executed by you to John Payne was deposited with Isaac Fulkerson before you paid the amount of it to John Payne?

Answer: I had been informed it was in the hands of Isaac Fulkerson by yourself.

And further this deponent said not. Sworn to before me this 25th day of June 1811.

                                                                                                            Peter Fulkerson

                                                                                                            John Martin 

At a court of Quarter Sessions continued and held for Lee County the 28th day of August 1811. 

 

This day this cause came to be hear on the bill of review original bill, answers, depositions, and other exhibits and after hearing the arguments of counsel on a final hearing of the cause, It is ordered and decreed by the court that the former decree pronounced in this cause against the defendants James Payne and John Payne be reversed and annulled as it respects the defendant James Payne and that the deft James Payne recover against the Complt. his Costs by him about his defuend ???? as well on the original suit…

From which the decree the plaintiff by his counsel payred an appeal to the third day of the next Superior Court of Chancery to be held for the Staunton District which is granted him on his giving security in the clerk’s office within one month for the prosecution of the same according to law. On the hearing of shi cause a bill of exception was filed and ordered to be made part of the record.

Bond for $67 filed on 29 August 1811 by Andrew McHenry and Benjamin Estill of Washington County Virginia to James Payne of Lee County – to 3rd day of next Superior Court of Chancery to be held in Staunton District. 

A.    McHenry

Benj. Estill

 

(Another note in file) - The Defts. in the County Court having withdrawn their appeal to the original decreed pronounced there – the cause comes ??? simply on the appeal to the bill of Review. & the decree made thereof.  The court can have no doubt that the Court erred in granting that bill and in decreeing on it. The decree is therefore reversed with ??? March Term 1813.

 

1803 Tax List supposedly of Jackson Co. TN has on one roster (separate roster from John HALL and Osborns and Riggs Pennington)

                #36 – Ellis PAYNE

            #37 – William Payne

            #43 – John Payne

            #49 – William Birdwell

 

No Paynes – 1820 census Lee Co. VA

Frederick Fulkerson in 1820 census of Scott Co. VA, age 26 and under 45

John MARTIN, age 45 and upwards, in 1820 Lee Co. VA census.

Charles CARTER was Court clerk of Lee Co. VA.

There are two Charles Noes in 1820 census Lee Co. VA – one is 45 and upwards – one is 16 and under 26.

There is a John Bishop, Junr. in 1820 Scott Co. VA – 26 and under 45.

 

 

 

Lee Co. Deed Book 3, page 324

27 Jan 1818 – John Russell of Lee Co. VA to Edward Pennington of same for $400, 96 acres in Lee County on Cain Creek, part of tract which John Russel purchased from David Yearty March 25, 1806. 

 

New River Notes website: 1805 Personal Property Tax List of Lee Co. VA – no Paynes, Halls are David, Joseph, John, Thomas, and William, no POTEET, no FERGUSON, no HANBY, John Bishop has 4 white males 16+.

 

1806 Lee Co. VA Personal Property Tax List at http://vagenweb.org/lee/1806_Lee_Va_Personal_Property_Tax_List.html

 

lists Charles NOE, John Payne, David Hall, Joseph Hall, Thomas Hall, NO Birdwell, John Bishop, and John Bishop, Jr. Obadiah Ferguson, NO Hanby. Benjamin, John, Thomas, and Williamn POTEET.

 

1807 Lee Co. VA Personal Property Tax List gives John and James PAYNE.   1809 has both John and James Payne.

 

Interesting FACT – Francis Mills, age 83 (who had wife Agness and had been connected with an earlier Claiborne Hall) was in the 1840 census of lee Co. VA – he was listed as age 83.

 

 

Another Wow!!!!!

Lee co. VA Deed Book 3, page 303

Know all men, I, Thomas HALL of Lee Co. VA for sum of $65.31 to me paid by William BLACK and interest to the plantation and 40 acres and crop of corn, one cow and calf and one 2 year old bull, 35 head of hoggs, Affixed seal 12 August 1817.      Thomas HALL

 

In presence of James P. EWING, Charles CARTER, Jacob V. FULKERSON

 

NOTE: Jacob V. FULKERSON was a brother to the Frederick FULKERSON and Isaac FULKERSON in the Birdwell lawsuit in Lee co. VA.  They were sons of James FULKERSON and Mary VAN HOOK.

 

Per Bible record -

https://wc.rootsweb.ancestry.com/cgi-bin/igm.cgi?op=GET&db=vanhook99&id=I01281

 

Benjamin SHARP married their sister Hannah FULKERSON.  Another sister Katy FULKERSON married John HANBY.

 

 

Lee Co. VA Deed Book 3, page 315

Indenture 27 August 1817 between John CRABTREE and Alice, his wife, of Lee Co. VA and John HALL of same place witness on 2 August 1817 Joshua EWING as High Sheriff of Lee Co. conveyed to Job CRABTREE land in Lee Co VA containing 43 acres which had been returned delinquent in name of Menry M. MILLAN for non payment of taxes for year 1803, acknowledged 2 August 1817 and John CRABTREE for $20 acknowledged and granted to said John HALL.  Affix their seals.                                                               John CRABTREE

28 October 1817 acknowledged.

Teste – Charles CARTER, C.L.C.

 

NOTE: 3. JOHN8 CRABTREE (WILLIAM III7, WILLIAM II6, WILLIAM H5, THOMAS JAMES4, THOMAS WILLIAM3, WILLIAM2, MICHAEL1) was born August 25, 1774 in Saltworks Bedford Co., Va., and died June 23, 1865 in Lee Co., Va.. He married ALICE FRIEND July 29, 1800 in WASHINGTON CO., VA. She was born March 15, 1776 in Greenbrier Co. Va., and died June 23, 1854 in SULPHUR SPRINGS, LEE CO., VA.  Job CRABTREE was brother of John, children of William CRABTREE and Hannah WHITTAKER.

 

Lee Co. VA Deed Book 3, page 86-87

Indenture. 26 April 1814 between David TITTLE of _____ TN, and Richard HALE of Lee co. VA – for sum of $150 for 150 acres.

                                                                                    David TITTLE by Isaac FULKERSON,

                                                                                    atty for that purpose.

NOTE: David TITTLE in 1820 and 1830 census of Warren Co. TN.

 

Lee Co. VA Deed Book 3, page 191

Indenture 22 Feb. 1816 between Tarababel STAFFORD of Overton Co. TN and Alfred HALL of Lee Co. Va for sum of %50 for 8 acres of land in Lee co. VA on north side of Powels River, it being part of grant to James FITZGARRELD 12 Nov. 1798.

                                                                                                Tarabel (X) STAFFORD

In presence of John W. PRESTON, Stephen T. NEILL, Robert C. FULKERSON

ACCORDING TO TREES on Ancestry.com Alfred HALL was born 1795 in Wilkes Co. NC, son of Isham HALL and Mary Jane MULLINS. He married Sarah “Sally” SMITH and died on 20 August 1884 in Lee co. Va.   This parentage seems suspect.

 

Isham HALL received RW pension W7638 as did wife Zuriah HALL.  Applied from Campbell Co. VA in 1833.  Served as a private from Bedford Co. – now Campbell Co.   He says he was born in Albemarle Co. VA but when he does not know.  Says he moved from Albemarle just before the Revolution and was then nearly a grown man.  Believes he is about 70 years old.  Mrs. Zuriah HALL applied for a pension on 19 January 1845. She was 83.  Married in 1782 or 1783 in Halifax Co. VA by Rev. Nathaniel HALL, a Baptist Minister. She lived in Bedford Co. (now Halifax) and went to said minister at that time to get married. Isham HALL died 31 Dec. 1843. Her maiden name was Zuriah LANE.  Mentions their old child was William HALL, about 61 or 62.  Sally LANE who lived in Pittsylvania Co. VA says Isham HALL was her brother and she knows of his marriage to Zuriah LANE shortly after RW. It was customary in those days to ride to the minister.  She was present at the infair given to the newly married couple. She thinks minister’s name was Nat but not sure. She was living in Campbell Co. VA then as well as her brother – a considerable party went to minister’s house to the marriage – he lived in Halifax Co.

 

The 1870 census of Lee Co. VA gives specific counties of birth – it shows Alfred HALL, 74, born in Wilkes Co. NC.  Therefore he is NOT the son of the Isham HALL who married Zuriah LANE.  In 1880 census, his parents’ birthplaces (and his own) are given as NC. 

 

1800 Census, Wilkes Co. NC – households with males under 10

Isaac, Jesse, Jesse, Martin, Owen, Thomas, Robert.   There was also a Hezekiah HALL. Hezekiah HALL who married Sarah PORTER and went to Lee co. VA was son of Owen HALL of Wilkes co. NC per online sources.

 

Much good Hall information - https://www.werelate.org/wiki/The_Family_of_Thomas_Hall_of_Colonial_Virginia

 

Alfred HALL – War of 1812 pensioner – of Lee Co. VA. captain Jeremiah SKELTON’s Virginia Militia.   Died 20 April 1884.  Post office – Hunters Gap – later name of post office changed to Wallen. Pension rejected later approved.  Received bounty land in 1855.  Was then age 59.  Jacob M. POTEET signed one affadavit.  David POTEET, aged 70, in 1878, states he was a J.P. in Lee Co. residing within 2 ½ miles of city of Jonesveille.  Volunteered in Jonesville in 1814. Lived in Lee Co. VA until 1821, then removed to Mount Pleasant, Harlan Co. KY until 1826, when he removed to Lee Co. VA where he has resided until the present date within 5 or 6 miles of Jonesville. At time of enlistment, he was between 19 and 20 years of age, occupation farming – place of birth – Wilks Co. NC, light hair, blue eyes, fair complexion.

 

Seems to be a connection of Hezekiah HALL – Owen HALL – and this Alfred HALL – who came from Wilkes Co. NC to Lee Co. VA – then to Harlan Co. KY.   Unsure of any connection to John HALL of Grayson Co. VA.

 

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