A Guide to the Warwick County (Va.) Chancery Causes, 1730-1958
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/
© 2021 By The Library of Virginia. All Rights Reserved.
Processed by: T. Harter
Administrative Information
Access Restrictions
Chancery Causes, 1730-1912, digital images found on the Chancery Records Index available electronically at the website of the Library of Virginia.
Chancery Causes, 1913-1958, is unporcessed. contact Archives Reference Services for access.
Use Restrictions
There are no restrictions.
Preferred Citation
Warwick County (Va.) Chancery Causes, 1730-1958. (Cite style of suit [and chancery index no. if available]). Local government records collection, Warwick Court Records. The Library of Virginia, Richmond, Virginia.
Acquisition Information
A 1730 record was purchased by the Library of Virginia in 1939 under accession number 21369.
Additional records came to the Library of Virginia in a transfer of court papers from Newport News (Va.) in 2007 under the accession number 43558.
Processing Information
Chancery Causes, 1860-1912 were processed in 2018-2021 by T. Harter
It is possible that chancery records from Warwick, City of (Va.) could be found within this collection. However, there are currently no plans to process or index any of the post-1912 records in this collection at this time.
Encoded by G. Crawford: 2021; Updated by E. Swain: December 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: Warwick County (extinct) was named either for Robert Rich, earl of Warwick, a prominent member of the London company, or for the county of Warwick in England. The county was originally called Warwick River and was one of the original shires, or counties, first enumerated in 1634. The shorter name was adopted in 1643. Warwick County became extinct in 1952, when it became the city of Warwick. The new city was consolidated with the city of Newport News in 1958 and took the latter's name. Denbigh was the county seat.
Lost Locality Notes: Recognized as Warwick River County, one of the original shires, in 1634. The name was shortened to Warwick in 1643. County court records were destroyed at several times, with most destruction occurring during the Civil War. The clerk’s office was burned on December 15, 1864. County court minute books and loose records from 1787 to 1819 were destroyed by the fire. Additional records were burned on April 3, 1865, in Richmond, where they had been moved for safekeeping during the Civil War.
Scope and Content
Warwick County (Va.) Chancery Causes, 1730-1958, 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
See also: Newport News, City of (Va.), Chancery Causes.
Additional Warwick County Court Records can be found on microfilm at The Library of Virginia. See A Guide to Virginia County and City Records on Microfilm
Warwick County is one of Virginia's Lost Records Localities. Additional Warwick County Court Records may be found in the Virginia Lost Records Localities Collection at the Library of Virginia. Search the Lost Records Localities Database found at the Library of Virginia web site.
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.
Six separate chancery causes hear toghether. Includes bonds for hiring out of three enslaved people with explicit directions regarding clothing to be supplied. Also includes Civil War era will written Aug 23, 1852 and entered July 12 1866, stating how enslaved people that left the property during the war, and who might be recovered, would be divided among heirs, or, if not recovered, how reimbursement (expected) would be divided and also how government reimbursements for livestock, etc., (expected) would be divided. Also specifically bequeaths named enslaved people still residing on the property at the time will was written. One cause pertains to debt owed from defendants for never paying the bond for one of the enslaved persons hired out in 1860.
References "the invading army of the United States" destroying his home after Sept. 1861.
Plaintiffs charged that the Board of Supervisors did not fairly conduct elections pertaining to the possible relocation of the Warwick County Circuit Court, for which a building had been constructed in 1884. They alleged that 32 of the votes cast were from outside the voting precinct (outside of jurisdiction), and that the application for the election had been signed by representatives of corporations, which plaintiffs alleged was illegal.
The plaintiff sought a divorce from his wife alleging bigamy, and produced her two marriage licenses as exhibits in the cause. Wife married plaintiff in 1883, when she was 39 and he 51. Wife married another man in 1890 claiming she was a widow, age 40.
Plaintiff was pastor of said church from 1884 April - 1891 April, and during those years provided money for the construction of the church, the purchase of a church bell, and an organ, in addition to his regular salary. He alleges he never was fully reimbursed for his investments nor his salary. Furthermore, he alleged that payments to him were never attributed to specific accounts, so he had no way to know how best to charge the church. Defendants argue that they had settled accounts with him. Plaintiff also was publisher of a Baptist newspaper in Newport News called The Caret, from 1883 to approximately 1892. Letter from plaintiff dated 1894 asserts that all is settled and "We are at peace-Thank God."
The plaintiff sought divorce stating that her husband deserted her because she was too old for him, while her marriage license noted she was twelve years younger than her husband.In her deposition she referred to obtaining a divorce as "getting my free papers."