A Guide to the Clarke County (Va.) Chancery Causes, 1838-1912 (bulk 1880-1912) Clarke County (Va.) Chancery Causes, 1838-1912 (bulk 1880-1912)

A Guide to the Clarke County (Va.) Chancery Causes, 1838-1912 (bulk 1880-1912)

A Collection in
the Library of Virginia


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Library of Virginia

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Email: archdesk@lva.virginia.gov(Archives)
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© 2024 By The Library of Virginia. All Rights Reserved.

Processed by: C. Freed and V. Brooks

Repository
Library of Virginia
Title
Clarke County (Va.) Chancery Causes, 1838-1912 (bulk 1880-1912)
Physical Characteristics
Digital images .
Collector
Clarke County (Va.) Circuit Court
Location
Library of Virginia
Language
English

Administrative Information

Access Restrictions

Chancery Causes 1838-1912, use digital images found electronically on Chancery Records Index available on the website of the Library of Virginia.

Use Restrictions

There are no restrictions.

Preferred Citation

Clarke County (Va.) Chancery Causes, 1838-1912 . (Cite style of suit and chancery index no.). Local government records collection, Clarke County Court Records. The Library of Virginia, Richmond, Virginia, 23219.

Custodial History

These records came to the Library of Virginia in a transfer of court papers from Clarke County Circuit Court in 2021 under the accession number 53404 and were returned by request of the Clerk in 2024.

Processing Information

Clarke County (Va.) Chancery Causes, 1838-1912 were processed by V. Brooks and C. Freed from 2021 through 2022.

47.6 cubic feet (104 boxes) of original chancery records was transferred to the Library of Virginia in 2021 for the purposes of processing, indexing, and digitization. After the completion of digitization in the 2024, the Clerk of the Court requested the material be returned to the locality.

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

Encoded by M. Mason: June 2024.

Historical Information

Context for Record Type: Chancery Causes are cases of equity. According to Black's Law Dictionary they are "administered according to fairness as contrasted with the strictly formulated rules of common law." A judge, not a jury, determines the outcome of the case; however, the judge is basing the decision on findings compiled and documented by Commissioners. Chancery causes are useful when researching local history, genealogical information, and land or estate divisions. They are a valuable source of local, state, social, and legal history and serve as a primary source for understanding a locality's history. Chancery causes document the lived experiences of free and enslaved individuals; women; children; people living with physical disabilities or mental health struggles; people living in poverty; defunct institutions and corporate entities; or those that may not have otherwise left traditional written histories.

Locality History: Clarke County was named for Lieutenant Colonel George Rogers Clark, who commanded the Virginia forces that secured control of the Northwest Territory for Virginia during the Revolution. He spelled his name without the terminal e. The county was formed from Frederick County in 1836. The county seat is Berryville.

Scope and Content

Clarke County (Va.) Chancery Causes, 1838-1912, consists of cases concerning issues of equity brought largely by residents of the county and filed in the circuit court. These cases often involve the following actions: divisions of estates or land, disputes over wills, disputes regarding contracts, debt, divorce, and business disputes. Other less prevalent issues include freedom suits, permissions to sell property, and disputes concerning trespass. Predominant documents found in these chancery causes include bills (documents the plaintiff's complaint), answers (defendant's response to the plaintiff's complaint, decrees (court's decision), depositions, affidavits, correspondence, lists of heirs, deeds, plats, wills, records involving enslaved individuals, business records or vital statistics.

Clarke Chancery causes, contain a large number of cases concerning debts and estates where property is central to the activity of the case. Many of these cases prior to 1865 contain a substantial amount of information concerning enslaved Black men, women, and children. These cases largely represent the perspective of white enslavers and their disputes involving the sale, hiring, financial responsibilities, and legality of ownership of Black individuals.

Arrangement

This collection is arranged

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

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

Related Material

Additional Clarke County (Va.) court records can be found on microfilm at the Library of Virginia.Consult "A Guide to Virginia County and City Records on Microfilm."

Adjunct Descriptive Data

Location of Originals

Clarke County (Va.) Chancery Causes, 1838-1912 are retained in the locality. Contact the clerk of the Circuit Court for access.

Selected Suits of Interest

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

1883-049: Champ Shepherd v. Margaret Burchell, etc.

Deposition contains account of escape and recapture of formerly enslaved people during the Civil War.

1890-033: Admr. of Lucy M. Clayton vs. Evelyn Byrd Nelson Page, etc.

Suit concerns the English estate of Coryndon Carpenter [d. ca. 1776], including extensive genealogical notes.

1891-007: Augustus W. B. Sowers vs. Minnie Sowers

Divorce suit: Contains love letters from Minnie to her paramour.

1893-019: John Alexander & wife vs. Heirs of Brister (Bristoe) Holmes

Concerning the estate of Brister (also Bristoe) Holmes. Holmes was formerly enslaved by William Taylor Milton's mother. Holmes is credited with establishing "Bristow" a historic African American community in Clarke County.

1874-027: County of Jefferson State of West Virginia, For Etc. vs. Shenandoah Valley Rail Road Co, Etc.
1893-030: H.H. Crumlish & J (Joseph) T. Griffith vs. Shenandoah Valley Rail Road Co] and Central Improvement Co], etc.

Original contract between Shenandoah Valley Railroad Company with offices in Philadelphia and Luray, Va. (chartered in Virginia, Maryland and West Virginia) and Central Improvement Company based in Pennsylvania. Consists of subcontractors of the Central Improvement Company who contracted for the construction and completion of the Shenandoah Valley Railroad extending from the Potomac River at or near Sheperdstown to the Virginia and Tennessee Railroad at or near the Big Lick Station. Whole of said Railroad to be completed on or before 10 August 1872, 2 years from original contract. Road work was suspended in September 1873 and never resumed. The amounts claimed due them are for work done & materials furnished by them in the graduation & masonry upon the said Railroad. Cause was originally filed in Warren County Circuit Court and removed to Clarke County in Oct. 1878. In further causes, individual stockholders on behalf of the Central Improvement Company are suing the law firm that they employed to settle the debts and selling of the Shenandoah Valley Railroad Company. Related causes are found in the circuit courts of Roanoke, Virginia. Jefferson County, West Virginia and Washington County, Maryland. The Shenandoah Valley Railroad was to be built by the Central Improvement Company in the states of Virginia, West Virginia & Maryland [SEE ALSO: 1900-021, 1900-022, 1900-023, 1910-019].

1894-010: Harriet E. Cazenove, creditor, etc. v. Washington, Ohio & Western R R]

Plaintiff is the holder of seven bonds executed by the County of Clarke for the extension of the railroad into the county. Plaintiff seeks payment. Originally, the defendant was known as the Alexandria, Loudoun & Hampshire Rail Road Company which then became the Washington & Ohio Rail Road. After a lawsuit in Richmond City, Henry Lewis, etc. v. Washington & Ohio Rail Road, the railroad's name became the Washington, Ohio & Western Rail Road Co. The railroad was supposed to extend from Alexandria to Clarke County by way of the town of Berryville (the county seat). The railroad, however, never extended beyond Loudoun County, as a portion was destroyed during the Civil War. The crossbill filed by the County of Clarke in the Richmond City suit is included with this cause. Eventually, the plaintiff transferred her bonds to Charles J. Philbin of Baltimore City.

1894-015: George E.S. Phillips vs. Admr of William A. Jackson, etc.

William A. Jackson and wife, Sarah S. are African Americans. Plaintiff built 2 story frame house for defendant and family. Due to his death, plaintiff files mechani's lien for money owed. Property is rented for awhile and eventually sold. Sarah S. was a teacher so not sure why she and her children had to lose property. Homestead Exemption waived. See master's thesis written by Donna Camille Dodenhoff. [See also: 1894-019, this is a similar suit where the defendant is able to purchase his house and lot].

1894-015: George E.S. Phillips vs. Admr of William A. Jackson, etc.

William A. Jackson and wife, Sarah S. are African Americans. Plaintiff built 2 story frame house for defendant and family. Due to his death, plaintiff files mechanic's lien for money owed. Property is rented for awhile and eventually sold. Sarah S. was a teacher so not sure why she and her children had to lose property. Homestead Exemption waived. See master's thesis written by Donna Camille Dodenhoff. [See also: 1894-019, this is a similar suit where the defendant is able to purchase his house and lot].

1894-021: Bernard A. Wade, Comt vs. Heirs of Daniel Wade

Plaintiff is a son of Daniel Wade and a committee of his brother, Thomas S. (Sewell) Wade. Thomas Wade was a patient in the Western State Hospital in Staunton, Va. from 1879 until his death in 1886. Bernard's father, Daniel Wade, lived with mental health struggles, dying by suicide. Thomas most likely lived with depression which the Western State doctor considered hereditary; however, it appears that Thomas may have been adopted. [See also: 1898-017 and 1899-022].

1894-022: Norfolk and Western Rail Road Co. vs. H.W. Baker

Shenandoah Valley Railroad ran from Hagerstown, Maryland, to Big Lick, Va. Contracts were made for right of way for the said railroad through the property immediately adjacent to and including the ground whereon the station building of the said railroad company was subsequently built and now stands in the town of Berryville. Original contract was lost or destroyed by fire that occurred in Town of Charlestown, West Virginia where the company headquartered. Company took possession of right of way in 1872. In 1879, the right of way was sold. In 1883, all property was granted to H. W. Baker. In 1891, Norfolk and Western became purchaser of all the franchises, property and property rights of the Shenandoah Valley Railroad Co. Defendant filed an action of ejectment against plaintiff, the successor of the Shenandoah Valley Railroad Co. Plaintiff considers this act a violation of the terms and conditions of the contract as agreed upon. Plaintiff wants defendant to grant them the right of way.

1895-008: Henry H. Harrison, trst, etc. vs. William B. Harrison, infant, etc.

Exchange of farm in Clarke County for six houses and lots Nos. 60, 64, 66, 70, 72 and 74 on N. Calvert Street in Baltimore County, Maryland. Plaintiff originally resided in Sussex County, Virginia and his wife, Margaret B. Page Harrison was a resident of Philadelphia. Houses lie in area known as "the Belt" (the suburban area just outside Baltimore's city limits). [see also: 1898-020, 1899-022]

1895-030: Widow of Stephen D. Castleman vs. Decatur Osburn

Discussion of Castleman's Ferry franchise, found on the Alexander and Winchester Turnpike. The turnpike is a mail route connecting Clarke County with the depot on the Washington and Ohio Railroad.

1898-009: Heir of James N. Carpenter vs. Charles E. Beasley, etc.

Plaintiff, H. W. Carpenter resides in Washington, D.C. Property is situated in Longmarsh Township of Clarke County and is known as "Pond Quarter." J. N. Carpenter retired from U.S. Navy in 1879 by reason of an incurable disease that left him with possible mental health struggles. He was a Pay Inspector in the Navy and served on board the U.S.S. Colorado in the East Indies from 1870-1872, where he was exposed to climatic influences, such as malaria. Defendant, Charles E. Beasley resides in Caroline County. Cause is found in 2 folders.

1905-008: W.A. Anderson, Rep, etc. vs. Trustees of Berryville Academy, etc.

Old Berryville Academy lot to be conveyed to Clarke County School Board "to be used in the instruction by the public school, of youth living in & near town of Berryville." The Academy was found on Lot Nos 16-18, 20, 30-32 in Town of Berryville. Deposition of Maj. Moore contains a lot of genealogy.

1906-033: B.C. Washington, Jr. and wife vs. Rev. William T. Allen, etc.

Father of defendant, William Temple Allen owned estate "Balclutha" (partly in Clarke County, Va. and partly in Jefferson County, WVa.). Plaintiff once resided in District of Columbia and Arkansas. Defendant was resided in Texas, Alabama, Arkansas, Missouri, and Mississippi. Edgar Allen owned estate known as "Clifton." Mary E. Allen, widow of William Temple Allen, resides in Washington, D.C. Deed (Exhibit A with bill) discusses individuals previously enslaved by William Temple Allen. Certain enslaved individuals were removed to Fauquier County, Va., while other were sold or taken by the Union Army during the Civil War. Richard McCard and Monroe [not otherwise identified] are identified as African Americans and possibly Anthony Robertson.