Poythress Court Records: Prince George County, Virginia

 

Minute Book 1737-1740

 

Transcriber Notes: 

 

(Revision 5 Apr 2001)

 

The lead part of the microfilm reel notes that pages 1-86 are missing. 

 

Second, in the matter of dating entries, the specific date is seldom given in the case text and is rarely of consequence.  The dates for each entry are shown as the month of the particular Prince George court, typically the second Tuesday in each month.  Additionally, there are some inconsistencies in the yearly dates occasioned by the “start” of a new year beginning in March until the calendar was later adjusted.  For this reason, the minutes entries transcribed in this document are in the sequence of the page numbers assigned by the court clerk.

 

Third, a glossary of legal terms used is at the end of this post.

 

Note that in these documents Poythress has begun to be spelled with double “s”.

 

At the conclusion of this document, an imperfect legal “glossary” is provided to define some of the terms often used.  The terms are often spelled differently, even within the same document.  Corrections are invited.

 

Apr 1738

p. 87

The actions of trespass upon the case brought by Francis Poythress against Charles Featherstone, the plaintiff failing to prosecute is dismist.

 

Apr 1738

p. 90

In the action of accounts brought by Robert Poythress against Francis Haddon for 20 Pounds damage of the same because of the defendant denying to account for sundry goods and merchandise, viz., 398 ½ gallons of Rum, 478 ½ pounds of Muscovado (?) sugar and 50 gallons of malt also belonging to the said Robert Poythress and by him delivered to the said Francis who was his balif and receiver from the 15th day of April, 1734 till February 1736 to merchandise and profit with at the Parish of Bristol in this county for the use benefit and advantage of the said Robert as in his declaration is not for this the defendant by his attorney having pleaded that he never was the Balif or Receiver of the plaintiff’s and the plaintiff Joining in the issue at the last Court a jury was empanelled and sworn to Trye the same, who having heard the evidence, and received their charge, were sent out and soon after returned into court, and brought in their Verdict that they found that the defendant was Balif and Receiver which Verdict was then recorded and after special Bail given by the defendant, William Stark, Frances Eppes, and George Gordon or any two of them were appointed to hear and take the accounts of said parties and ordered to make report of their proceedings therein to this Court pursuant therein to the said William Stark,

Francis Eppes and George Gordon made their report, which on the motion of the plaintiff’s attorney is recorded, as follows pursuant to an Order of the Court: we the Subjurors make in order to State and Settle the amounts between Robert Poythress and Francis Haddon at which time the said Poythress and Haddon appeared before us, but the said Haddon refused to Produce any Amount March 6, 1737.  William Stark, Francis Eppes and George Gordon therefore on the motion of the Court that the Plaintiff recover against the defendant Twenty Pounds being the Damages in the Declaration mentioned by means of the defendants refusing to account as aforesaid together with Costs and Attorney’s Fee, Als: Exeo.

 

Apr 1738

p. 94

In the suit by Fieri Facias brought by Lewis Green, Thomas Poythress and Peter Wynne, Excrs. of Peter Wynne Deed against Robert Mumford the defendant by his attorney appeared and on his motion is granted till the next court to answer.

 

Apr 1738

p. 94

The petition of Joshua Poythress and Francis Poythress against Hannah Poythress, executrix of Francis Poythress dced is continued to the next court.

 

Apr 1738

p. 94

In the suit by petition of the Bristol Parish by William Poythress and William Stark, Church Wardens of Bristol Parish against Thomas Posey for 480 lbs. Of tobacco due by account to be paid to the said Parish to Thomas Galloway for maintaining Mary the widow of said Thomas the defendant being summoned and not appearing and its bearing made it appear to the court that the said Church’s due on the motion of the plaintiff and it is considered by the court that they secure against the said Thomas Posey the aforesaid costs as executors.

 

May 1738

p. 106

Presents, William Poythress, gentl Pursuant to the Directions of the Act of Assembly concerning Jurys, a Grand Jury was Empanelled and Sworn by name William Batte, Joshua Poythress, Robert Poythress, Edward Wyatts, Joseph Thomas, John Holloway, Charles Anderson, William Cureton, John Jones, William Bonner, William Martin, Drury Oliver, Daniel Jackson, Peter Leath, Richard Simpson, John Womack, Thomas Farreld, James Baugh, Bernard Lyke and John Livesay who having received their charge, were sent out, and soon after returned into Court, and made their report as follows, viz:

We find Ward’s Creek Bridge to be out of repair.

                                                            Wm. Batte, foreman

 

May 1738

p. 106

Assignment by the court to take the list of tithables in Martins Brandon Parish: “Francis Poythress, gentl for that part of the said Parish within Monksbeek (&) Creek and Hatchers Run and below the White Oak and Butterwood Road without Hatcher Run”.

 

May 1738

p. 109

The petition of Joshua Poythress and Francis Poythress against Hannah Poythress, executrix Est. of Francis Poythress, the petitioners failing to prosecute, is dismist.

 

May 1738

p. 120

The order that Peter Wynne, Thomas Poythress and Lewis Green, executors of the Last Will and Testament of Peter Wynne, decd returns and inventory of the said decedents estate is continued till the next court.

 

Jun 1738

p. 123

On the Fieri Facias awarded Robert Poythress on his judgment obtained against William Poythress and Francis Poythress, excrs. of the Last Will and Testament of John Fitzgerald dced Miles Thweatt one of the undersherifs of this court made the above return which is recorded.

 

Jun 1738

p. 123

On the copies of a satisfaciendum award of William Poythress and Francis Poythress excrs of John Fitzgerald dced on their judgement to obtain against Henry Wilson, William Eppes, Sherif of this county made the following return; vis. Stopt by Superwaka (?).  William Eppes, Sherif witness recorded.             Wm. Hamblin, Clk.

 

Jul 1738

p. 140

By virtue of this writ to me directed, I have taken the within named Fra. Haddon whose body before the Justice within named and places within contained I have ready to satisfy Robert Poythress  if the debts and damage within mentioned as writing to me is commanded of _______.

                                                            Jos. Simmons, SubShr

 

Jul 1738

p. 140

On the Capias ad Satisfaciendum awarded Robert Poythress, on his Judgement obtained against Fra. Haddon Joseph Simmons one of the under

Sheriffs  of this County made the above returns, which is recorded.

                                                            Wm. Hamlin, CC

 

Jul 1738

p. 144

Elizabeth Tidmarsh decd one of the orphans of Richard Tidmarsh chooses Thomas Poythress her guardian who with Richard Bland his security entered into bond in the sum of 50 pounds current money payable to Robert Bolling,

Gentl with his condition of faithful guardianship of the said orphan and acknowledges the same in court.

 

Jul 1738

p.?

The orders that Peter Wynne, Thomas Poythress and Lewis Green, executors of the Last Will and Testament of Peter Wynne, dced returns and inventory of the said decedents estate is continued till the next court.

 

Aug 1738

p. 155

John Allen acknowledged his deed for land (indented and sealed) to Francis Poythress gentl on whose motion it is ordered the said deed be recorded and then also Ruth the wife of said John Allen came into court and being first privately examined as the Law directs freely and voluntarily relinquishes to the said Francis Poythress her rights of dower in and to the land and the deed mentioned, which is likewise ordered to be recorded.

 

Aug 1738

p. 163

In the suits of Fieri Facias brought by Lewis Green, Thomas Poythress, and Peter Wynne excrs of the Last Will and Testament of Peter Wynne dced against Robert Mumford, the plaintiffs set forth that at a Court held for this County 8 March 1736 in an action of trespass upon the case by them brought against John Freeman, the said Robert Mumford personally appeared in Court and because Special Bail for the said Freeman in which action the said plaintiff afterward, to wit on 13 Sep 1737 obtained judgement for 18 pounds current money and costs of suits amounting to 234 lbs. of Tobacco and an attorney’s fee, as by the record of said Court appears in which Judgement Executions hath since issued against the Body of the said John Freeman who absconded so that the said Executions could not be served on him for recovery of this debt and costs aforesaid therefore the said Robert Mumford Bails on aforesaid was summoned to appear before this Court to show cause if any he has on knows why Execution may not issue against him for the debts and costs aforesaid according to the force, forms and Efforts on the Judgement aforesaid to said Robert Mumford by his attorney appearing and pleaded payment and the plaintiff by their attorney plead in the issue, a Jury was empanelled  and Sworn to Trye the same, by name,

…Joshua Poythress, (etc.)…who having heard the accounts of the attorneys and received their charge, were sent out, and soon after returned and brought in their Verdict “we find for the plaintiffs 18 pounds 15 shillings current money and 187 lbs. of Tobacco.  Joshua Poythress, foreman” which Verdict on the motion of the plaintiffs attorney is recorded and it is Considered by the Court that the Plaintiff recovers against the Defendant the aforesaid sum of 18 pounds 15 shillings and 187 lbs. of Tobacco, and costs, and an Attorney’s Fee Als: Exeo.

 

Sep 1738

p. 168

John Poythress acknowledges his deed for land (sealed) to Charles Poythress on whose motion it is ordered that the said deed be recorded.

 

Sep 1738

p. 168

John Poythress and Charles Poythress acknowledge their deed for land (indented and sealed) to Francis Poythress, gentl on whose motion it is ordered that the said deed be recorded.

 

Sep 1738

p. 170

Hannah Poythress being summoned as evidence for Peter Wynne in the action of trespass brought against him by Robert Moody and making oath that she had attended four days on her motion it is ordered that the said Robert Moody pay her for the same one hundred pounds of tobacco.

 

Sep 1738

p. 170

Martha Poythress being summoned as evidence for Peter Wynne in the action of trespass brought against him by Robert Moody and making oath that she hath attended three days on her motion it is ordered the said Peter Wynne pay her for the same seventy pounds of tobacco.

 

Sep 1738

p. 176

The action of debts brought by Thomas Poythress against Robert Acock, the plaintiff failing to prosecute, is dismist.

 

Sep 1738

p. 176

In the suit in Chancery brought by Francis Haddon against Joshua Poythress the respondent by his attorney appeared and on his motion time is granted him till the next court to answer the Complainants Bills.

 

Sep 1738

p. 176

The action on the case brought by Theophilus Field, gentl, against Hannah Poythress, the plaintiff failing to prosecute, is dismist.

 

Sep 1738

p. 180

In the suits by petitions brought by Francis Haddon against Robert Poythress for 4 pounds, 14 shillings, 3 pence current money the defendant appeared and pleaded nils debit and the plaintiff joining in the issue, it was submitted to the Court for Tryall and the Court having heard the arguments and allegations of the said parties and equated and sorted their accounts gives judgement for the plaintiff for 22 shillings and 11 pence and on the motion of the plaintiff’s attorney it is considered by the court that the plaintiff recover against the defendant the aforesaid sum of 22 shillings and 11 pence and the costs Als: Exeo.

 

Sep 1738

p. 181

In the action of Debts brought by John Turner – Mariner – against Francis Poythress gentl the defendant by his attorney appeared and on is motion an Imparlance is granted him till the next Court.

 

Sep 1738

p. 184

In the action of debts brought by Francis Poythress gentl against Robert Haddon for 15 pounds current money due by a personal note dated 4 April 1738, the defendant personally appeared in court and confessed the said note to be due and on the motion of plaintiff’s attorney, judgement is awarded against the defendant for the aforesaid sum to be discharged by the payment of seven pounds ten shillings of like money the principal  of indebtedness of the said note and the interest due thereon from the last day in July.

 

Oct 1738

p. 188

The suits in Chancery brought by Francis Haddon against Joshua Poythress, on the motion of respondents attorney is continued till the next court and on the respondents cost.

 

Oct 1738

p. 190

In the action of debts brought by John Turner – Mariner- against Francis Poythress gentl  for 240 pounds lawful money of Great Britain damage in means of defendants non payment of 210 pounds of the clk’s (?) money due by him the defendant having had time till this court to plead and being now called did not offer anything, in barr or preclusions of the plaintiff’s action, therefore on the motion of the plaintiff’s attorney it is considered by the court that the plaintiff recover against the defendant his damage aforesaid or so much thereof that it shall appear he hath sustained by means of the nonpayment to aforesaid, unless the defendant shall appear at the next court and answer the said action.

 

Nov 1738

p. 193

In the action on the cause brought by William Poythress and Francis Poythress execrs of the Last Will and Testament of John Fitzgerald defendents against John Brewer for Six pounds, seven shillings, and eight pence, half penny current money due by accounts and the defendents being arrested and called and not appearing and Peter Daniel being returned Security for him, on the motion of the plaintiff’s attorney it is considered by the court that the plaintiffs recover against the defendant and his said Security the same aforesaid of so much thereof as it shall appear to be due unless the defendant shall appear at the next court and answer the said action.

 

Nov 1738

p. 194

In the suit brought by William Laws junr against John Poythress for 39 shillings current money due by account to which the plaintiff made oaths the defendant being summoned and called  and not appearing by the plaintiff’s motion that he recover against the defendant the aforesaid sum Als: Exco.

 

Nov 1738

p. 194

In the action on the cases brought by William Poythress and Francis Poythress excrs of the Last Will and Testament of John Fitzgerald dced against William Floriday for 6 pounds 9 shillings 7 pence Current Money due by accounts the defendant came into Court and being ruled to Special Bails, and failing, on the motion of the plaintiff’s attorney it is ordered that the defendant be taken into custody of the Sherif and Safely Kept until he shall give such bail.

 

Dec 1738

p. 211

John Liddordale gentl Exhibited into Court an account against John Poythress for 46 shillings 6 pence and made Oath, that the said sum is Justly due him from the said John Poythress, without any discounts that he knows of.  Ordered it be certified on the said accounts.

 

Dec 1738

p. 215

In the suits by petition brought by William Stark against John Poythress for 95 shillings and 6 pence, half penny current money due by accounts to which the plaintiff makes oaths, the defendant being summoned and called and not appearing, on the plaintiff’s motion it is considered by the Court that he recover against the defendant aforesaid sums and costs Als: Exeo.

 

Jan 1738

p. 217

Presents Robert Bolling, Fra. Poythress and John Ravenscroft gentl: On the petition of John Wells for an acre of land on the North side of Nottaway River in this County belonging to Mark Harwell be summoned to appear at the next Court to show cause if any he have or know of why the said Petition may not be granted.

 

Jan 1738

p. 225

The suit in Chancery brought by Francis Haddon against Joshua Poythress on the motion of the complainants Attorney is continued till the next Court and on the complainants cost.

 

Jan 1738

p. 225

In the actions of accounts brought by Benjamin Goodrich against Lewis Green, Thomas Poythress, and Peter Wynne excrs of the Last Will and Testament of Peter Wynne dced for 20 pounds damage by means of the defendants denying to Accounts for and pay the Rents of Two Plantations and 500 acres of Land belonging to the plaintiff and Lying in the Parish of Martin Brandon in this county, of which the said Testator in his lifetime was Receiver from 10 August 1731 to 21 February 1735 the gentl appointed to hear and take the accounts made their reports, which on the motion of the plaintiffs is recorded as follows Pursuant to an Order of Prince George County Court, Date of the 12th of December last we the subjurors have examined the accounts of Benjamin Goodrich, Plaintiff and Lewis Green,

Thomas Poythress, Peter Wynne excrs and defendants find that there is a Balance due to the plaintiff of 24 shillings 9 pence halfpenny.  Witness our hand this 10 January 1738 William Stark, Tho. Lister whereupon it is ordered that the defendants pay to the plaintiff the aforesaid sum of 24 shillings 9 pence halfpenny out of the said decedents Estate, with costs

Als: Exco.

 

 

Jan 1738

p. 228

In the suit brought by petition by John Liddordale against John Poythress for 46 shillings 5 pence current money due by accounts to which the plaintiff has made oath the defendant being summoned and called and not appearing on motion of the plaintiff’s attorney it is considered that the said plaintiff recovers against the defendant the aforesaid sum of and costs 5 shillings and 6 pence for attorney’s fee Als: Exor.

 

Jan 1738

p. 228

The suits by petition brought by Richard Taylor against John Poythress on the motions of the plaintiff’s attorney are continued till the next court.

 

Feb 1739

p. 231

On the Fieri Facias awarded Joshua Pritchett junr and John Gilliam, excrs. Of Thomas Nunelly dced on their judgements obtained against John Poythress William Eppes Sherif of this county made the above return which is correct.     Wm. Hamlin, CC

 

Feb 1738

p. 235

In the suits by a petition brought by William Poythress and Francis Poythress executors of the Last Will and Testament of John Fitzgerald, dced against John Hill for 3 pounds 5 shillings ten pence half penny current money due by accounts to which Francis Poythress one of the plaintiffs made oath.  The defendant being summoned, called and not appearing on the plaintiff’s motion it is considered by the court that they recover against the defendant with costs Als: Ecxo.

 

Feb 1738

p. 235

The suits by petition by William Steward against Robert Poythress, neither party appearing is dismist.

 

Feb 1738

p. 235

John Ravenscroft gentl is appointed to view the bridge over the Nottaway River, called Rayborn’s Bridge and will John Wall of Brunswick County gentl, of Brunswick County, gentl to agree with a workman.

 

Mar 1738

p. 239

The court presents Robert Bolling, William Stark, Theophilus Field, Isham Eppes, Francis Poythress, John Ravenscroft……now appointed gentlemen justices of the court.

 

 Mar 1738

p. 239

Pursuant to the Direction of the Acts of Assembly entitled an Act for the better regulation of the Militia: Richard Bland, William Poythress, William Harrison, Peter Jones, Francis Poythress, Isham Eppes, and Joshua Wynne commissioned officers in the Militia and took the oaths appointed by said acts and signed the Teste.

 

Mar 1738

p. 244

On the complaints of William Poythress one of the orphans of John Poythress of Jordan’s dced who was bound as apprentice to Robert Simpson of this county for misusage and which complaints appearing to be Just the said William is discharged from the apprenticeship and chose Charles Irby his guardian who has time till the next court to appear and give bond and security.

 

Mar 1738

p. 250

The suits in Chancery brought by Francis Haddon against Joshua Poythress on the motion of the complainants attorney is continued till the next Court, and on the complainants cost.

 

 

Mar 1738

p. 257

In the suits by petition brought by Richard Taylor against John Poythress for 27 shillings 7 pence 3 farthings current money due by accounts to which the plaintiff makes oath the defendant being summoned and called and not appearing on the plaintiff’s motion it is ordered that the defendant pay him the aforesaid sum and costs Als:Exeo.

 

Mar 1738

p. 261

In the action on the case brought by William Poythress and Francis Poythress, excrs of the Last Will and Testament of John Fitzgerald dced against Honour Whitten, adminitrix of the goods and chattel of Richard Whitten the dced for 31 shillings 3 pence current money due by accounts to which Francis Poythress one of the plaintiffs made oath, the defendant being summoned and called and it appearing to the Court that she had fully administered the estate of Richard, on the motion of the said Francis it is ordered that the defendant pay to the aforesaid plaintiffs the aforesaid sum out of the said defendant’s estates when such thereof shall come to hand.

 

Mar 1738

p. 263

The action of trespass upon the case brought by Thomas Jones against John Poythress the plaintiff failing to prosecute is dismist.

 

May 1739 (sic)

p. 267

Pursuant to the Directions of the Acts of Assembly concerning tithables…..

One of various appointments: “Francis Poythress gentl for that part of the said Parish within Monksneck Creek and Hatcher’s Run and above this the Road that leads from Monksneck to Appomattox Points and above the White Oak and Butterwood Road within to Hatcher’s Run.”

 

Mar 1738

p. 269

(Robert Poythress named foreman of Grand Jury)

 

Apr 1739

p. 272

Francis Poythress exhibited into Court an account against Robert Green and made oath that 4 pounds 8 shillings and 2 pence half penny the balance is Justly due to him from the said Green without any discounts that he knows of.  Ordered that it is certified on the said accounts.

 

Apr 1739

p. 272

Francis Poythress exhibited into Court an account against Benjamin Lee and made oath that the 29 shillings 10 pence the balance Justly due to him from the said Lee without any discounts that he knows of.  Ordered to be certified on the said accounts.

 

Apr 1739

p. 272

(ditto above, Thomas Frost, 27 shillings 11 pence halfpenny)

 

Apr 1739

p. 272

(ditto above, George Wilson, 36 shillings 11 pence)

 

Apr 1739

p. 273

(ditto above, Henry Royalls, 3 pounds 16 shillings and a penny)

 

Apr 1739

p. 273

(ditto above, George Hamilton, 7 pounds 12 shillings 9 pence)

 

Apr 1739

p. 273

(ditto above George Arthur, 3 pounds  10 pence)

 

Apr 1739

p. 273

(ditto above Ann Mallory, 40 shillings 6 pence)

 

Apr 1739

p. 273

(ditto above, Joseph Perry, 4 pounds 17 shillings 8 pence)

 

Apr 1739

p. 273

(ditto above, Nicholas Smith, 3 pounds 7 shillings)

 

Apr 1739

p. 274

(ditto above, John Ramsey, 39 shillings 3 pence and halfpenny)

 

Apr 1739

p. 274

(ditto above, James Williams, 4 pounds 12 shillings 8 pence)

 

Apr 1739

p. 274

(ditto above, Henry Goodall, 56 shillings 5 pence)

 

Apr 1739

p. 274

(ditto above, John Slaughter 3 pounds 15 shillings 8 pence)

 

Apr 1739

p. 275

(ditto above Francis Hardeman, 3 pounds 10 shillings)

 

May 1739

p. 282

In the suits by petition brought by Miles Thweatt against John Poythress for 3 pounds 9 shillings 5 pence current money due by accounts to which the plaintiff made oath the defendants being summoned and called and not appearing on the plaintiff’s motion it is considered by the Court that he recover against the defendant the aforesaid sum and costs Als: Exeo.

 

May 1739

p. 283

In the action of debt brought by Isham Eppes against John Poythress for 17 pounds ten shillings current money, due by Bills the defendant comes into court being ruled to Special Bail and failing on the motion of the plaintiff’s attorney it is ordered that he be taken into Custody of the Sherif, and safely kept until he shall give such Bail whereupon the said defendant appeared in Custody of the Sherif, and on the motion of his attorney an Imparlance is granted him until the next court.

 

May 1739

p. 283

(ditto above, George Gordon, 17 pounds 5 shillings 7 pence farthing)

 

Jul 1739

p. 304

In the action of debt brought by Isham Eppes against John Poythress for 17 pounds 10 shillings current money due by bills and the defendants having had time given him till this court to plead and being now called and not appearing did not offer anything in Barr or Preclusion of the plaintiff’s attorney it is considered by the Court that the plaintiff recovers against the defendant the sum aforesaid or so much thereof as shall appear to be due unless the defendant shall appear at the next court and answer the said action.

 

Jul 1739

p. 305

The action on the case brought by Thomas Poythress against Thomas Gibson, the plaintiff failing to prosecute is dismist.

 

Jul 1739

p. 305

The action on the case brought by William Poythress and Francis Poythress, excrs. of John Fitzgerald dced against Littlebury Eppes the plaintiff failing to prosecute is dismist.

 

Jul 1739

p. 305

(In suit by Thomas Eldridge attorney for our Sovereign Lord the King against John Jones – on 4 October 1738 – on his plantation in Martins Brandon Parish “failing to hire an overseer as required by Act of the Assembly and understating tithables, a Jury Empanelled includes (among others) John Gilliam, Jr., George Poythress….defendant found guilty, fined 1000 lbs. of tobacco.)

 

Aug 1739

p. 306

In the action of debts brought by Elizabeth Ravenscroft assignee of John Ravenscroft, Executor of the Last Will and Testament of Thomas Ravenscroft dced against Edmund Irby, Peter Robins and Francis Poythress for 30 pounds current money due by Bond the defendants being called and failing to appear and the plaintiff making oath to her Bond which is for 28 pounds 14 shillings and bears date the 11th day of November 1736 on the motion of her attorney and pursuant to the conditional order of the Last Court’s judgements is granted and confirmed to her the said Plaintiff against the said defendents and William Eppes late of this county, for the aforesaid sum of 28 pounds 14 shillings current money the principal sum mentioned in the said Bond and the interest due thereon from 11 November 1736 to the day of payment with the cost of suit and an attorney’s fee Als: Exeo.

 

Aug 1739

p. 318

In the suit by petition brought by William Poythress and Francis Poythress, Executors of the Last Will and Testament of John Fitzgerald dced against Daniel Meadows for 25 shillings and a half penny current money due by accounts to which Francis Poythress one of the plaintiffs makes oath the defendant being summoned and called and not appearing on the plaintiff’s motion it is considered by this Court that they recover against the defendant the aforesaid sum and costs Als: Exeo.

 

Aug 1739

p. 318

(ditto above on behalf LW&T of John Fitzgerald vs. Martha Alexander and Robert Munford, Executrix and Executor of the Last Will and Testament of John Alexander dced. Amount to be recovered 3 pounds 15 shillings half pence.

 

Aug 1739

p. 318

The suit brought by John Poythress against Edward Seaye (?) the plaintiff failing to prosecute is dismist.

 

Aug 1739

p. 322

The action in the Case brought by George Gordon against John Poythress the plaintiff failing to prosecute is dismist.

 

Aug 1739

p. 322

In the action of trespass for Assault and Battery brought by Robert Hudson against James Moody for Ten pounds current money damages by means of the defendants beating, wounding and evilly treating the plaintiff at the Parish of Bristoll in this county on 9 January 1738 and other enormitys to the said plaintiff with force and arms; then and there doing against the peace; as in the declaration set forth.  The defendant by his attorney appeared and by his attorney pleaded not guilty and for Tryall put himself upon the county and the plaintiff in like manner, whereupon a jury was empanelled and labor to try the matter in issue, by name Richard Taylor, Joshua Poythress, Robert Poythress, Thomas Poythress, Charles Poythress, John Sturdivant, Joseph Simmons, A. Graham Toney, Joshua Wynne, William Parsons, Timothy Lamar,  and William Batte who, having heard the evidence and allegations of the attorneys, received their charge, were sent out, and soon afterward returned into Court and brought in their verdict “we find for the plaintiff

Forty shillings current money” which verdict makes motion of the plaintiff’s attorney recorded and it is considered by the Court that the plaintiff recover against the defendant the aforesaid sum of Forty Shillings being his damages by the jurors aforesaid in names aforesaid assessed together with costs and an attorney’s fee Als: Exeo.

 

Aug 1739

p. 323

The action of debts brought by Isham Eppes against John Poythress the plaintiff failing to prosecute is dismist.

 

Aug 1739

p. 323

In the action of Debts brought by John Peter Wagnon against Daniel Pegram the defendant being returned ---?--- inventories and called and not appearing on the motion of the plaintiff’s attorney an Alias Copias (?) is awarded the plaintiff against the said defendant returnable to this next Court.

 

Aug 1739

p. 323

On the motion of complaint of Francis Poythress gentl, it is ordered that William Gibbs, junr Constable of Bristoll Parish be summoned to appear in this court to answer the same.

 

Aug 1739

p. 326

The action on the case brought by Thomas Poythress against Thomas Gibson the plaintiff failing to prosecute is dismist.

 

Dec 1739

p. 358

Presents William Poythress gentl Ordered that Edward Burchett Junr be sworn Constable of Bristoll Parish instead of John Lewis, Junr.

 

Dec 1739

p. 358

Presents Isham Eppes and Francis Poythress, gentl the suit by petition brought by Francis Haddon against William Stuart, the defendants attorney being absent is continued to the next Court and on the defendant’s cost.

 

Dec 1739

p. 359

In the suit by petition brought by George Robertson, Clerk against John Poythress for one pound 14 shillings current money due by Bill dated 16 August 1739 the defendant being summoned in the manner the law directs, and called and not appearing on the plaintiff’s motion and his making oath to the said Bill it is considered by the Court that he recover against the defendant the aforesaid sum and costs Als: Exeo.

 

Dec 1739

p. 362

(presentments of the grand jury….names jurors…misc. offenses among which is:

            “Ordered that Robert Poythress be summoned to appear at the next

            Court to answer the presentments of the Grand Jury” (see p. 393, Feb

           1739)

 

Dec 1739

p. 363

(14 Nov 1739, William Poythress named as a gent justice for the court)

 

Dec 1739

p. 373-374-375-376

(These pages noted as missing from the microfilm reel)

 

Dec 1739

p. 377

(First of text is on p. 376 and is missing) P. 377:  …..Ravenscroft assignee of John Ravenscroft dced on Judgement obtained against Edmund Irby, Peter Robins, Francis Poythress, and William Eppes; Thomas Eldridge Junr one of the undersherifs of this county made the above return which is recorded.  (see p. 306, Aug 1739).  (the above is likely a return of the Estate of Thomas Ravenscroft.

 

Feb 1739

p. 384

The Last Will and Testament of Elizabeth Poythress dced was exhibited into court by her son George Poythress her executor who made oath thereto and its being proved by the oath of Richard Bland gentl one of the witnesses thereto is ordered to be recorded, and on the motion of the said George Poythress certificate is granted him for obtaining Probate of the said will in due form.

 

Feb 1739

p. 393

In the action of trespass upon the case brought by Miles Thweatt against John Poythress the defendant by his attorney appeared and on his motion an

Imparlance is granted him till the next court.

 

Feb 1739

p. 393

Robert Poythress being presented by the last grand jury (see p. 362, Dec 1739) for not keeping the road in repair of which he is overseer and being summoned and called, appeared in Court and made his excuses and is acquitted.

 

Feb 1739

p. 399

Edmund Poythress, son of David Poythress late of the Parish of Bristoll

 in this county came into Court and made oath that the said David Poythress departed this life without any Will as far as he knows or believes and on his motion and giving Bond and Security according to Law certificate is granted him for obtaining Letters of Administration on the said deceased’s Estate in forms: Edmund Poythress, Administrator of David Poythress dced with William Poythress gentl his security entered into Bond in the sum of 800 pounds payable to Robert Bolling gentl and is condition for his Just and Faithfull administration on the said decedents Estate (blotted) the same in Court. (likely the blot covers instructions re estate’s inventory).

 

Feb 1739

p. 400

The Last Will and Testament of Joshua Poythress dced was exhibited into Court by Robert Poythress and Thomas Poythress his executors who made oath thereto and it being proved by the oath of Richard Bland gentl and Ann Bland two of the witnesses thereto who also made oath that they saw Christian Poythress subscribe the said will a witness is ordered to be recorded and on the motion of the said Robert Poythress and their giving Bond and Security according to Law, certificate is granted them for obtaining a Probate of the said Will in due form.

 

Feb 1739

p. 400

Robert Poythress and Thomas Poythress executors of the Last Will and Testament of Joshua Poythress decd with Richard Bland and William Poythress, gentl their Securities entered into Bond in the sum of 5,000 pounds current money payable to Robert Bolling with condition for their Faithfull Executorship and thereby acknowledge the same in court.

 

Feb 1739

p. 400

Ordered that Robert Poythress and Thomas Poythress executors of the Last Will and Testament of Joshua Poythress dced present the said deed and its Estate to the next court.

 

 

Source:

Clayton Library, Houston, Texas

C52, D09, Reel JB-105

Transcribed March, 2001

 

Glossary for legal terms used in above Court Orders:

 

Fieri Facias: a writ of execution authorizing the siezure of the chattels of a debtor to fulfill a judgment against the debtor.

 

Imparlance: in the usage of the time, a delay granted to either party to answer the pleading of the other party.

 

Exor: along with multiple alternate spellings, the abbreviation for “executor.”

 

Ad Satisfaciendum:  the emphasized words of the writ “capias ad satisfaciendum”…..requring the “taking” of a person to satisfy a plaintiff’s claim.

 

Alias Copias: order “to take” the defendant into custody even if defendant is using an alias.

 

Als:Exor: among numerous variant spellings: “plus court costs.”