A Guide to the Stafford County (Va.) Chancery Causes, 1866-1940 (bulk 1901-1912)
A Collection in
the Library of Virginia
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Library of Virginia
The Library of Virginia800 East Broad Street
Richmond, Virginia 23219-8000
USA
Email: archdesk@lva.virginia.gov(Archives)
URL: http://www.lva.virginia.gov/
© 2014 By The Library of Virginia. All Rights Reserved.
Processed by: Callie Lou Freed
Administrative Information
Access Restrictions
Stafford County (Va.) Chancery Causes, 1866-1912 use digital images can be found on the Chancery Records Index available electronically at the website of the Library of Virginia.
Chancery Causes 1913-1940, are unprocessed. Contact Archives Reference Services for availability.
Use Restrictions
There are no restrictions.
Preferred Citation
Stafford County (Va.) Chancery Causes, 1866-1940. (Cite style of suit [and chancery index no. if available]). Local Government Records Collection, Stafford Court Records. The Library of Virginia, Richmond, Virginia, 23219.
Acquisition Information
These records came to the Library of Virginia in a transfer of court papers from Stafford County (Va.) in 2009 under the accession number 44155.
Processing Information
Chancery Causes, 1866-1912 were processed by C. Freed in 2012. There are no plans to process and index the 1913-1940 records at this time.
Encoded by G. Crawford, 2014; Updated by E. Swain, July 2024.
Historical Information
Context of Record type: Chancery Causes are cases of equity. According to Black's Law Dictionary they are "administered according to fairness as contrasted with the strictly formulated rules of common law." A judge, not a jury, determines the outcome of the case; however, the judge is basing the decision on findings compiled and documented by Commissioners. Chancery causes are useful when researching local history, genealogical information, and land or estate divisions. They are a valuable source of local, state, social, and legal history and serve as a primary source for understanding a locality's history. Chancery causes document the lived experiences of free and enslaved individuals; women; children; people living with physical disabilities or mental health struggles; people living in poverty; defunct institutions and corporate entities; or those that may not have otherwise left traditional written histories.
Locality History: Stafford County was named for the English county. It was formed from Westmoreland County in 1664. Part of King George County was added in 1777. The county seat is Stafford.
Lost Locality Note: Many pre–Civil War court records were lost to vandalism by Union troops during the Civil War. A few volumes that record deeds, court orders, and wills exist.
Scope and Content
Stafford County (Va.) Chancery Causes, 1866-1912, 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.
Arrangement
Organized by case, of which each is assigned a unique index number comprised of the latest year found in case and a sequentially increasing 3-digit number assigned by the processor as cases for that year are found. Arranged chronologically.
Arrangement of documents within each folder are as follows: Bill, Answer, and Final Decree (if found.)
Related Material
Additional Stafford County Court Records can be found on microfilm at The Library of Virginia. Consult "A Guide to Virginia County and City Records on Microfilm."
Stafford County is one of Virginia's Lost Records Localities. Additional Stafford County Records may be found in the Virginia Lost Records Localities Collection at the Library of Virginia. Search the Lost Records Localities Digital Collection available at Virginia Memory.
See also Virginia Superior Court of Chancery (Richmond District). Records, 1806-1850 .
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.
Cause deals with debt. Plaintiff maintains that in April 1862 soldiers broke into Towson's house and destroyed and carried away many of his valuable papers-among which was defendants' bond dated December 1861.
Suit involves dissolution of business. Fishing operation between plaintiff and defendant was ended by "hostilities" between the Southern States and the U.S. Government. Plaintiff returned to family and home in Maryland.
Plaintiff is seeking a divorce from defendant. Reuben maintains that Lydia became a "decided, earnest and fanatical enthusiast." According to the plaintiff, Lydia fell prey to one of the "prevalent 'isms' of the times" [probably abolitionism]. The plaintiff provides the names of prominent abolitionists such as Wendell Philips and Parker Pillsbury whom his wife invited to their home. Lydia came to neglect her household duties and her obligations as a wife finally ending in a violent and avowed aversion toward him. Reuben had his wife placed in an "insane asylum" for observation. The couple were married in Connecticut and initially lived in Massachusetts. Defendant filed suit for divorce in Massachusetts citing adultery and cruelty. Lydia then moved to New York where her mother resided. Eventually, plaintiff left Massachusetts for Virginia. Plaintiff works in a gold mine.
Defendant had in his possession captured horses and mules and offered to sell them to plaintiff and another defendant who were in the Confederate Service and could get them through the Confederate lines. The Confederate Quartermaster captured the property and deemed it as part of the Army. Plaintiff argues that there is no judgment (debt) to be enforced.
Plaintiff charges defendant with false representation. Also files injunction against trustee, Bryan, to restrain and enjoin him from selling property [steam sawmill]. Cooper Manufacturing Company is a company dealing with engine building, mill furnishers and contractors. The company was founded in 1833 by brothers Elias and Charles. Today, known as Cooper Industries, it is an American-based global electrical products manufacturer. Suit contains a company catalogue. Property referred to in deed is known as "Providence."
Suit deals with estate dispute. Contains additional genealogical information concerning numerous heirs of William Ingle.
William Ellington was a Confederate veteran. His claim, filed with the Southern Claims Commission, resulted in this estate dispute as well as one heard in Stafford County Chancery Causes 1890-006.
The cause involves a contract dispute over land. The will of Samuel Skinker dated 1856 is included as an exhibit and contains the names of people he enslaved. Skicker wants Willie, an enslaved man, to learn a trade and then be sent to freedom in Liberia when he is 22 years.
Suit involves a divorce. Plaintiff moved with family from Ohio to Virginia during first year of Civil War. Seeks a divorce based on desertion and robbery "leaving him at the age of sixty odd years, an outcast in society, homeless… and almost friendless."
Suit contains a great deal of genealogical material, including seven letters and a hand drawn genealogical chart. Suit involves an estate dispute with Honey family migrating to state of Ohio.
Plaintiffs seek injunction against defendant and others to restrain them from using the property as a hoop yard and requests that a perpetual injunction be issued against using said lot for any private benefit or convenience. The plaintiffs in the suit are adjacent land owners to a lot belonging to the county of Stafford for the use of a "courthouse and prison." Exhibits include a survey of courthouse and prison lot as laid out in 1783.
Suit deals with one of Stafford's the historic property, "Chatham". Watson's suit involves a contract dispute. One of Souther's suits involves the "Shakers" [regarding the Shaker community of Pleasant Hill, KY]. The suit refers to a case from Circuit Court of the United States for the District of Kentucky, Oliver Watson and Henry Souther v. Society of Shakers at Pleasant Hill, KY. Suit subjected the property of the society to a charge for the payment of a note.
Suit was originally heard and filed in Caroline County's Circuit Court. The widow of Hector C. William Mithoff moved to Louisiana, along with her daughter and son-in-law. Other heirs moved to Illinois. Mentions the farms owned by Hector Willaim Mithoff, "Hayfield" and "Meadow Hill", later home to Sectretariat in Caroline County and "Holly Wood" and "The Point" in Stafford County.
John Baalam died without heirs leaving over 200 acres of land. The plaintiffs are former enslaved individuals claiming to be related to Balaam seeking a portion of his property. Numerous formerly enslaved persons and their descendants are deponents in the suit. They offer testimony providing the names of enslaved ancestors and formers enslavers.
Suit involves contract dispute. Topics include mimmigration and property. Defendants in cause immigrated to Stafford County from Germany. Plat refers to part of Snowden.