1829119 |
Pocahontas County, Virginia Chancery Court
James Gillespie vs Jacob Gillespie heirs
Circuit Court files - Suit, James Gillespie vs Jacob Gillespie, Heirs
To the Honorable Allen Taylor, Judge of the Superior Court of Chancery holden at
Lewisburg James Gillespie of the County of Pocahontas respectfully states that
on the 19th day of December 1825 a certain Jacob Gillespie (who departed this
life not long since), your orator's father, executed to him a title bond for Two
Hundred and Forty Six acres of land on Deer Creek in the County of Pocahontas
which title bond your orator prays may be taken and read (Marked A) as part of
this his bill. Your orator states that he was the youngest and only child who
lived with his father until his death. His mother died some years since. All his
other children being provided for after they had left him and in order to make
provision for your orator and for an in consideration of the natural love and
affection which his father has and possessed towards him gave him the title bond
aforesaid for the land aforesaid who afterwards departed this life intestate
leaving the following children and grand children, to wit: John, Betsy, Patsy,
James, Polly, Rachel, infant children of Jacob Gillespie who was a son of Jacob
Gillespie the elder, Alexander Gillespie, Rachel Sutton wife of John Sutton,
Peggy Burner wife of Adam Burner now of the State of Ohio, John
Gillespie of the State of Ten(n)essee, Jamima Tallman wife of James Tallman,
Thomas Gillespie of Kanawha County, Joshua Burner son of Jane Burner who was a
daughter of Jacob Gillespie, dec'd, Samuel Gillespie of Ten(n)essee, Rebecca,
Robert and Jacob Stuart, infants and children of Elizabeth Stuart dec'd who was
the daughter of said Jacob Gillespie, Rebecca Beale wife of Thomas Beale, late
Rebecca Gillespie, Sarah Sammons wife of Richard Sammons late Sara Gillespie,
Nancy Kerr wife of William Kerr late Nancy Gillespie. To the end therefore that
the aforesaid named persons may be made Defendants to this bill and upon their
corporal oaths true and perfect answer make to the several allegations herein
before stated the same as if again repeated and interrogated, and that they may
be compelled to convey in fee simple all their right and title in and to the
aforesaid tract of land to your orator and that your Honor will grant unto your
orator such other and further relief in the premises as may be consistent with
equity and the nature of his case an in duty bound will our prayer GEO. Mayse P.
(?). John A. North, Esq. Will issue subpoenas for the above named persons who
reside in this state. G. Mayse |
29 Sept. 1834303 |
Pocahontas County, West Virginia, General Index to Deeds and Miscellaneous, 1834
Book 2, page 268, Grantors from 1822
This indenture made the 29th day of September 1834 between Henry M. Moffett of
the county of Pocahontas and state of Virginia of the one part and James
Gillispie of the county and state aforesaid of the other part whereas by a
decree of the circuit superior court of law and chancery for Pocahontas County
pronounced on the 3rd day of October 1833 in a cause there depending therein
between James Gillaspie plaintiff and Alexander Gillaspie; John, Betsy, Patsy,
James, Polly and Rachel Gillaspie infant children of Jacob Gillaspie Jun’r
decd’, John Sutton and Rachel his wife, James Tallman and Jemima his wife,
Thomas Gillaspie, Joshua Burner, Robert and Jacob Steward, Thomas Beal and
Rebecca his wife, Richard Sammons and Sarah his wife, William Kerr and Nancy his
wife, Samuel Gillaspie and John Gillaspie, Adam Burner and Peggy
his wife children and heirs of Jacob Gillaspie dec’d defendants it was decreed
and ordered that Henry M. Moffett who was thereby appointed a commissioner
should convey the 246 acres of land in the bill mentioned to the plaintiff James
Gillaspie --- special warranty this indenture therefore wit ---- that the said
Henry M. Moffett for and in consideration of the sum of one dollar to have in
hand paid by the said James Gillaspie the receipt whereof is hereby acknowledged
hath granted bargained and sold and surveyed and by these presents doth grant
bargain sell and convey unto the said James Gillaspie his heirs and assigns the
said tract or parcel of land containing 246 acres and lying and being on Deer
Creek in the county of Pocahontas and bounded as follows: beginning at Joseph
Woodells line near the great --- crossing Deer Creek thence up said creek to a
cross fence through he meadow thence with said cross fences to a bank near the
lane thence up said bank turning to James Tallmans line thence with said line
turning to --- line thence with said line turing to William Arbogast line thence
with said line turning to William Kerrs line thence with said line to the
beginning together with the appurtenances thereunto belonging to have and to
hold the said tract of land with its appurtenances to the said James Gillaspie
and his heirs to the only proper use and behoove of the said James Gillaspie and
his heirs forever and the said Henry M. Moffett for himself his heirs executors
and administrators doth hereby covenant and agree with the said James Gillaspie
and his heirs that he will forever warrant and find the said tract of land
hereby conveyed with its appurtenances unto the said James Gillaspie and his
heirs against the claim of him the said Henry m. Moffett and all persons
claiming through or under him but against the claim of no other person. in
witness whereof the said Henry M. Moffett hat thereunto set his hand and affixed
his seal the day and year herein written.
H. M. Moffett
Pocahontas County December Court 1834
This deed from Henry M. Moffett commissioner to James Gillaspie has presented in
court and being acknowledged has admitted to record.
Teste John Tallman D.C.
for H. M. Moffett Clk. |