District Court Judgments, Sept. 1794

Abraham Clements vs. Robert Shaw--Ejectment, October 12, 1786, rockbridge Co. Abraham clements, heir -at-law of Ezekiel Clements, deceased, who was heir-at-law of Ezekiel Clements, demise 18th June 1746, 400 acres, known as Broad Spring. Patent (Copy) to Robert McClenachan, 375 acres on Mary Branch of the James River, corner JAMES McClung, corner Robert Campbell, dated 24 March 1740. Mary Roberts deposes, February 28, 1788, in Frederick County, Maryland, that she was a near neighbor of Ezekiel Clements, of Hopewell Township, County Huntingdon, New Jersey, and knew the family 15-20 years. Ezekiel, and eldest son, Abraham, went out to purchase land; said they had bought in the backwoods. Abraham married and had three children, one of whom was a son named Abraham. Copy deed from Bordens' executors to Ezekiel Clements, 1746, in Augusta. This land lapsed on October 18, 1753, and reverted to the Crown.

William Trice, assignee of Dabnee Trice, of Louisa County, vs. George Smiley and JOHN McClung, Debt. Writ to Rockbridge, 26th May 1798.

April, 1801: Major John Hays vs. JAMES McClung---William Carson, Robert Davis and Temple Davis are, 8 Sep 1798, about to remove out of this district and perhaps out of the State.

Robert Shaw vs. Clements (Jeremiah, Ezekiel, Gerham and James) -- Trespass. Rockbridge 375 acres corner JAMES McClung; corner Robert Campbell.

p. 94     WILLIAM McClung and Abigail, his wife, vs Dickinson - O. S. 61; N.S. 21 --Bill, 11th March 1803. Adam Dickinson, grandfather of Abigail, intestate, leaving his son John. Abigail was very young and residing with her grandmother. Catherine, mother of John. John died without having complied with his agreement to pay Abigail ( 50. Then Catherine died testate. John died testate, leaving Martha, his widows; Adam and John Dickenson; John Shrewsberry and Martha, his wife; Samuel Shrewsberry and Mary, his wife; Joseph Kinkead and Nancy, his wife. Charles Lewis and Jane, his wife (which are widow, children, heirs and devisees of John Dickenson), Abigail was daughter and sole heir of Abigail Carpenter, deceased, who was daughter of Adam Dickinson. Catherine Dickinson's original will dated 17th Feb. 1790 (no certificate of probate.) Son John, daughter Mary, granddaughter Nancy. A statement in the papers says Adam Dickenson died intestate, leaving one son John, a daughter Mary Davis, and Mrs. McClung, the only child of Abigail Carpenter. Adam Dickinson died about 1750. It was reported that William Tate was dead, but afterwards that he was alive in North Carolina and a Justice there.

P. 124 Judgments, 1806. JOHN McClung deposes 7 Aug 1809, he was acquainted with Gen. John Bowyer on his arrival in this country, which was about fifty-five years ago. John Bowyer came as a school teacher . . .

P. 156-7: McClung vs. Dean--O.S. 190; N.S. 67--Bil 24th July 1811. Complainants are ANDREW McClung and Jane, his wife, late Jane Dean, one of the children and heirs of John Dean, late of Bath County. After marriage, Jane went to live in Greenbrier. Complainants claim John's son, William McC. Dean, used improper means to induce John to convey his property to William. William McC. Dean answers: He was only son of his father, who was at death between 80 and 90. John Bird deposes in Bath, 30th Oct 1811, that he has known and lived near John Dean more than 40 years. John Dean was John Bird's uncle. John Kincaid deposes ditto: Has known Dean near 40 years. Elizabeth Kincaid deposes in Lewisburg, 25th May 1812, daughter of John Dean. John died in fall of 1810. Sarah Venable deposes ditto: Daughter of John Dean. Jeremiah Burns, a minister, deposes in Bath County, 1812: He married Andrew McClung and Jane and buried John Dean. John Kinkead deposes ditto: He and his brother, James, married daughters of John Dean. Alley Kincaid deposes ditto: Daughter of Jno. Dean. Thomas Bird deposes ditto: Nephew of Jno. Dean; has lived near Jno. upward of 30 years.

P. 176: Lewis vs Lewis--O.S.222; N.S. 78--Will of Andrew Lewis of Botetourt County, dated 28th Jan 1780. CHARLES McClung (in a list with others) -- if they continue to defend the place we are now settling, known by the name of Point Pleasant, Andrew Lewis agrees to give each an acre-lot in the town. Dated 20 Nov 1784. Gen. Andrew Lewis died Sep 1781.

P. 183 Huffman vs. Huffman--O.S. 235; N.S. 83--Bill, 1812. . .Deed 9th Sep 1809, by Andrew Moore and wife Sarah, to WILLIAM McClung, tract, part in Greenbrier and part in Kenawha--43,417 acres on Gauley River and Homany Creek. Recorded in Greenbrier, March 1810. (File 153: Grandfather Billie)

P. 192 Dunn vs. Pandall and West--O.W.249; N.S. 87--In 1794 Levi Dunn bought 150 acres in Rockbridge, part of Borden's 92,100 acres . .Andrew Fitzpatrick resided on the land in 1745, as shown by depositions of JOHN McClung and William McCampbell, two of the oldest and most respectable of early inhabitants of Borden's grant. . .

P. 194 McClung vs. Bevins and Edgar -- O.S. 254; N.S. 89--Bill 1812. Complainants are WILLIAM McClung and Robert Wahub. In 1782, William entered in Greenbrier 230 acres on Slab Camp Creek, a branch of Meadow River, including 100 acres entered by virtue of a military warrant, part of a survey made for William in 1776; another entry for 400 acres, and another for 71 acres. William and George Clendennin made a partnership to locate lands. Alexr. Wesh was surveyor of Greenbrier. Defendants are, vis: George Clendennin's heirs, viz: Andrew Bryan and Parthenia, his wife; ___ Lamb and Cynthia, his wife; John Cantrill and Polly, his wife; Henry Banks, Wm. Whitcroft, james, Henry and Ann Ringold, James Welch, Richard Witherhead, James Bevins and Thomas Edgar. John Welch, son of Alexander Welch, deposes 23d February, 1814.

P. 235-6. Mays vs. McClung--O.S. 318; N.S. 114--Patent 17th Sep 1792, by virtue of warrant under Dunmore's proclamation 1763, to John Finie, 200 acres in Greenbrier on South Branch of Gauley River known as Cherry Tree River at Cherry Tree Bottom. Patent 7th Nov 1787, by virtue of a certificate in right of settlement to George Clendennin, assignee of Specer Cooper, 387 acres in Greenbrier on a southeast branch of Gauley River at Cherry Tree Bottom. . . Bill by Joseph Mays, son of James. William Gilkerson had claimed the land by reason of his having made a camp on it and remained there some time in capacity of a hunter. In April, 1785, Joseph and James Mays settled on it. Answer by Stuart, Nancy, Betsy, Harriet, Polly, Sally, Jane and Rebecca and Ann McClung, infants of ANDREW McClung. Deed 30th Sep 1807 by Jemima Clendenin, widow of George Clendenin; James Lamure and Andrew Bryan, who intermarried with ___ Clendenin and Parthenia Clendenin, children and heirs of George and John Cantrill, who married Mary Clendenin, another daughter and heir of George, all of Mason County, VA, except Lamure, who lives in Clark Co., KY., to ANDREW McClung of Greenbrier, 387 acres in Cherry Tree Bottom. Recorded in Greenbrier, 22d October, 1811. Finnie claimed under a military warrant originally granted to Edward Franklin.

P. 245: Bourland vs. Dean--O.S.342; N.S.124--Bill, August 1812, by William Bourland and wife Mary, William Crawford and Margaret, John Kincaid and Alice, james Kincaid and Elizabeth, James Anderson and Nancy, James Venable and Sarah, ANDREW McClung and Jean. The females are daughters of John Dean, deceased, of Bath, who died 1810 or 1811 at age of nearly 90 testate. Suit against Wm. McC. Deane, the only other child to set aside the will and certain deeds. . . .

P. 253: Caseys vs. John Bilbo--O.S.371; N.S. 135--Deed, 30 Sep 1818 by John, Levy, James Osburn Alderson, Mary and husband, JAMES McClung, heirs and representatives of George Alderson, and Sarah Alderson, widow of George, to John Bilbrow, one of the sons of William Bilbrow, 180 acres in Nicholas County, on the old Kenewha road, three miles on south side Gauley Mountain, part of survey patented to George Alderson, Andrew Donnelly, and William Morris, 402 acres 13 Aug 1795. Recorded in Nicholas 13 Oct 1819. . .

P. 259: Crawford vs. Crawford--O.S. 385; N.S. 141--Bill 1821, by Wm. Bell and Margaret Crawford, executors of James Crawford, who died in Augusta, testate. Will dated 1798, leaving six children--four sons and two daughters-- and one daughter was born after his death. His son George died unmarried and infant. William died unmarried. Sarah married CHARLES McClung; Elizabeth married SAMUEL McClung; Polly, the posthumous daughter, married john Allen, Sarah and Polly are both dead. In Jan 1819, John Crawford married oratrix Margaret, who is daughter of William Bell, orator. John's mother, Mary, lived a time with her daughter Elizabeth in Greenbrier. John died 24th Feb, testate, but will has not been proved.

P. 267: Court. July 1805: p. 113--JOHN McClung,Sr. aged 73, deposes, same time and place (Brownsburg, July 1805; placing his birth about 1732 so this is John md Sarah McCutcheon)

P. 268: (page 130) JOHN McClung deposes, 6th September, 1811. Andrew Fitzpatrick and Saml. Davis were relations. John came to the grant (Borden's) in 1745. John is in 80th year. (1731).

P. 272: JOHN McClung, Sr. deposes,, 14th December, 1807, has known the land 63 years. Downey lived on it. Believes Downey was a hunter, from seeing bear skins hang about the house. Deponent lived in Borden's grant 63 years; he is now 77 years old.

P. 273: JOHN McClung deposes 6th Sep 1811, he came to Borden's grant in 1745. Dominict Moren and Andrew Fitzpatrick lived on the land. Is in eightieth year.

P. 273: JOHN McClung deposes, aged 75. 2 Aug. 1806. He settled in Borden's grant shortly before the fall of 1744.

MARRIAGE LICENSES, MARRIAGE BONDS, AND MARRIAGES
Augusta County

Prior to the Revolution, marriage could be solemnized only by a minister of the Established Church. For this purpose a license might be procured. This was a prequisite of the Governor, but was ordinarily issued from the office of the County Clerk, who accounted with the Governor in his settlement with the Secretary each year. No record was kept by the Clerk of the licenses issued by him except for the purposes of this settlement. The list of Marriage Licenses between the years 1748 and 1774 is compiled from entries made by the Clerk on the fly leaves at the ends of the Fee Books. They can scarecely be complete even for those yeaars that are noted. Probably the desire to be brief is the only explanation of the remarkable circumstance that only the names of the men are entered.

After the establishment of the Commonwealth, ministers of any denomination might be authorized to celebrate matrimony by license from a court. They could act, however, only after a bond had been given in the Clerk's office as security that the marriage laws would not be violated by the issuance of a license to the parties, and the issuance of that license. These bonds were generally given by the prospective bridegroom and one or more of his friends as surety. In most cases, the parent or guardian of the woman gave a written consent, which was filed with the bond. The written consent was witnessed by two or more persons. The bond itself frequently bore the names of attesting witnesses. A copy of such a bond and consent is printed immediately before the list of marriage bonds.

After the marriage ceremony, the minister made a return to the Clerk's office of the fact, with its date.

P. 298: 1791, Feb. 21 JAMES McClung and Elizabeth McPheeters, daughter of John McPheeters, surety, Wm. McPheeters.

P. 302: 1788--December 6, John Breverd and THOMAS McClung, surety. John Beverd and Jerutia Nelson. "McClung informs that Miss Nelson is aged about 30 and about one year from Jersays."

P. 305: 1788--November 5, JOHN McClung and Benj. Stuart, surety. JOHN McClung and Mary Stuart, daughter of Benj. Stuart. Witnesses to bond, Geo. Moore.

P. 308: 1793--September 3, James Allen and Peter Hanger, Jr. surety. James Allen and Elizabeth Tate, daughter of Robert and Margaret Tate (consent). Teste: IBBY McClung, Polly Tate.

P. 333: 1799--August 31, JAMES McClung, teste for Robert Hunter and Betsy Ann McChesney, daughter of James McChesney.

P. 334: 1799--August 23, JAMES McClung and Robt McChesney, surety. James McClung and Mary McChesney, daughter of said Robert.

P. 349: 1791--June 11--By Rev. Archd. Scott: March 8th, JAMES McClung and Bertsey McPheeters.

P. 359: MARRIAGES IN AUGUSTA AND ROCKBRIDGE by the Rev. John Brown, Pastor at New Providence, in Rockbridge. List printed in the Staunton Spectator 18th Dec. 1866.

The Fee Books are the Books of Charges for services rendered, required by law to be kept by the clerks. they should contain an entry of every fee charged, the name of the person who is to pay, and a statement of the services rendered. The following notes constitute a list of the marks of identification used by the Clerk in entereing charges in the Fee Books. They consist generally of a nick-name, or designation of residence, or occupation.

P. 449: Processioners appointed as follows: (1764): Wm. Taylor, Thos. Paxton, Moses Whitesides, JNO, McClung, from North River to Beverly's line between the Great Road to the Court House and South Mountain.

P. 454: (page 428) Processioners appointed, viz.: William Kennady, Robt. Steel, Archibald Reach, William Reach, John Thompson (James's son), HENRY McClung, from North River to Beverly's Line between the Great Road to the Court House by Cap. McDowell's and to North Mountain.

P. 458: (page 450) 1767-8: Processioned by John Pall, John Lyle: For John Keys, John Parks, Robert Caruthers, Roger Keys, Jno. Paul, John Hays, Thomas Willson, David Williamson, Jno. Boid, Thomas Boid, Walter Smiley, Jno. Clemans, JAMES McClung, Wm. Alexander, John Lusk, James Ritchey, Jno. Sloan, Joseph Alexander.

P. 463: (page 276)--1760: Processioned in Capt. Moore's Company by John Stephenson, Nathaniel Evins: For Nathaniel Evins, for Wm. McCreerey, for Thos. Willson, for John Stevenson, for JOHN McClung, for WM. McClung, for Alex. Moore, for Adam Reed, for Wm. Hays, for for Wm. Paris, for Thomas Bard, for John Cunningham, for Mathew Huston, for John Mountgumery (sic) for Wm. Moore, for Wm. Lockridge, for Thomas Boyd, for John Boyd, for Thomas Hill, for Robert Ware (Wire)(sic), for Wm. Hays, etc.

P. 481 MILITARY SERVICE:
John Davidson's Declaration, August 8th, 1832: Was born in Augusta Co., (now Rockbridge, Oct 20th 1757; was living in Botetourt when called into service under Gen. Muhlenbert, Col. Parker, Col. Willis, Capt. Gray, Capt. Andrew Moore, now deceased; Lieut. JOHN McClung, Ensign James McDowell, Col. Bowyer, Capt. David Gray, Maj. John Wilson, Ensign George Ware, Capt. Wallace, at Fort Young.

P. 511: FROM STATE HISTORICAL SOCIETY OF WISCONSIN
1757: JAMES McClung and 2 children named Cantwell, at Cowpasture, prisoner.
(Note: This is probably from the Lyman C. Draper Manuscripts so these should be searched)