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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