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CLEMENT
Genealogy - |
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Court
Order Book 32, 1821 - 1823
Amelia County, VA Transcript by Marna L. Clemons, 5 January 2001 |
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Page 1 - 22 Nov 1821 Page 42 - 28 February 1822 against } in Chancery Samuel Ford and Pink D. Booker administrators of Isham Clements decd. Joseph Clements Isham Clements Thomas Woodson and Martha M. his wife formerly Clements Judith Bryan formerly Clements which said Joseph Isham Martha M. and Judith are children and distributes of Isham Clements decd. Talbert Phillips Richard Phillips Eliza Wills formerly Phillips Sally Osborne formerly Phillips Lucy Phillips Polly Phillips and Nancy Phillips which said Talbert Richard Eliza Sally Lucy Polly and Nancy are surviving children and distributees of Sarah Phillips decd. formerly Sarah Clements one of the distributees of Isham Clements decd. Rebecca Clements Henry Clements Harriett Clements Sarah Clements and Ann Eliza Clements by John Booker their guardian which said Rebecca Henry Harriett Sarah and Ann Eliza are children and distributees of William Clements decd. who was one of the distributees of Isham Clements deceased } Defendants The Defendants Isham Clements Thomas Woodson and Martha his wife Judith Bryan Talbert Phillips Richard Phillips Sally Osborne Lucy Phillips Polly Phillips and Nancy Phillips not having entered their appearance and given severly according to the act of Assembly and rules of this court and it appearing to the satisfaction of the court that they are not Inhabitants of the Commonwealth On the motion of the complainants by their counsel it is ordered that said Isham Clements Thomas Woodson and Martha his wife Judith Bryan Talbert Phillips Richard Phillips Sally Osborne Lucy Phillips Polly Phillips and Nancy Phillips do appear here on the fourth thursday in May next and answer the bill of the complainants and that a copy of this order be forthwith published in some one of the news paper printed in Richmond or Petersburg for two months successively and that another copy be posted at the front door of the court house on two successive court days. Page 90 - 5 April 1822 Page 183 - 27 Sep 1822 Page 196 - 28 Nov 1822 Page 207 - 29 Nov 1822
This day this cause came on to be finally heard upon the bill answer and exhibits and was argued by counsel Upon consideration whereof the court doth adjudge order and decree that the mortgage in the proceedings mentioned executed by Joseph Clements to John Lane in his lifetime be and the cause is hereby decreed to stand foreclosed And the court doth further adjudge order and decree that the plaintiff recover against the said Joseph Clements the sum of $100 with six per cent per annum Int. thereon from the 16th day of May 1808 untill paid and also the further sum of $50 with six per cent per annum Int. thereon from the 29th day of August 1808 untill paid and the costs of this suit. And the court doth further adjudge order and decree that Austin Seay Henry P. Eanes John Y. Stockdale Parham Booker Thomas Wily and John Wiley or such of them as may act under a decree of this court for the division of the dower slaves of Sarah Clements in the Estate of Isham Clements her deceased husband advertise and sell publicly to the highest bidder for cash such part of the said dower slaves directed by said decree to be allotted to the said Joseph Clements by the said commisssioners as will be sufficient ot satisfy to the said plaintiff the said sum of $100 and the further sum of $50 with In. and socst of this suit And the said commissioners are instructed that if no division in kind of the said dower slaves can be made among the persons entitled thereto and a sale thereof should be necessary then to retain in their hands so much of the proceeds of the sale thereof as will be sufficient to satisfy the aforesaid debt Int. and costs and pay over the same to the plaintiff provided the amount to which the said Joseph Clements will be entitled shall be suffiecient for that purpose and should it prove insufficient for the payment thereof then the siad commissioners are further instructed to pay over to the plf so much thereof as the said Joseph Clements may be entitled to receive. Pages 208-209 - 29 Nov
1822 against } in Chancery Samuel Ford and Pink D. Booker administrators of Isham Clements decd. Joseph Clements Isham Clements Thomas Woodson and Martha M. his wife formerly Clements Judith Bryan formerly Clements which said Joseph Isham Martha M. and Judith are children and distributes of Isham Clements decd. Talbert Phillips Richard Phillips Eliza Wills formerly Phillips Sally Osborne formerly Phillips Lucy Phillips Polly Phillips and Nancy Phillips which said Talbert Richard Eliza Sally Lucy Polly and Nancy are surviving children and distributees of Sarah Phillips decd. formerly Sarah Clements one of the distributees of Isham Clements decd. Rebecca Clements Henry Clements Harriett Clements Sarah Clements and Ann Eliza Clements by John Booker their guardian which said Rebecca Henry Harriett Sarah and Ann Eliza are children and distributees of William Clements decd. who was one of the distributees of Isham Clements deceased } Defendants This day this cause came on to be heard upon the bill and answer filed and it appearing to the satisfaction of the court that the order of publication awarded in the case at February Court last has been duly published and posted at the front door of the Courthouse of this county as is therein directed after hearing argument of Counsel the court doth adjudge order and decree that the Negroes belonging to the Est. of Isham Clements decd. and now in the hands of the defdt. Samuel Ford & Pink D. Booker to divide into eleven equal parts that one eleventh be allotted to the plf. Thomas Branch and Nancy his wife one eleventh to Moses Overton and Mary his wife one eleventh to Elizabeth Phillips one eleventh to James Williams & Lucy his wife one eleventh to George Owen and Fanny his wife one eleventh to the defendant Joseph Clements one eleventh to Isham Clements one eleventh to Thomas Woodson and Martha his wife one eleventh to Judith Bryan one eleventh to the children of Sarah Phillips decd. and the remaining one eleventh to the children of Wm. Clements decd. and for the purpose of making such division Austin Seay Henry R. Eanes John Y Stockdale Parham Booker Thomas Wily and John Wily be appointed commissioners or any three or more of whom may act and if in their opinion a division in kind of said negroes can not be made amongst the parties then they proceed to make sale of the said negroes upon a credit of twelve months taking bonds with good security for the purchase money and return the said bonds to court the court doth further order and decree that the Negroes or money arising from the sale thereof which may be allotted as the proportion to which the children of Sarah Phillips are entitled and the children of William Clements are entitled be permitted by the commissioners to remain in the hands of the defdts. Ford & Booker who are the administrators of said Isham Clements subject to the future decree of this court but that the commissioners or such of them as may act lay off in separate lotts the portion to which the children of said William Clements decd. are entitled and the potion to which the children of said Sarah Phillips are entitled The court doth further adjudge order and decree that before any one of the distributees of said Isham Clements be permitted to take possession of their proportions of the said decds. estate that such distributee execute refunding bonds with surety to the admins. of said Isham Clements for the purpose of indemnifying them against any claim which may hereafter come against the estate of their intestate and report. Page 210 - 29 Nov 1822 Page 217 - 26 Dec 1822 Deed from Isham Clements to Pink D. Booker Jr. was exhibited into court and acknowledged by the said Clements to be his act and deed and ordered to be recorded. On the motion of Bernard Seay who took the oath and together with John C. Hill and Richard Ligon his securities entered into and acknowledged bond in the penalty of two thousand dollars conditioned as the law directs certificate is granted the said Bernard Seay for obtaining letters of administration on the estate of John Clements decd. in due form. Page 225 - January 1823 against } in Chancery Samuel Ford and Pink D. Booker admrs of Isham Clements decd. Joseph Clements Isham Clements Thomas Woodson and Martha M. his wife formerly Clements Judith Bryan formerly Clements which said Joseph Isham Martha M. and Judith are children and distributes of Isham Clements decd. Talbert Phillips Richard Phillips Eliza Wills formerly Phillips Sally Osborne formerly Phillips Lucy Phillips Polly Phillips and Nancy Phillips which said Talbert Richard Eliza Sally Lucy Polly and Nancy are surviving children and distributees of Sarah Phillips decd. formerly Sarah Clements one of the distributees of Isham Clements decd. Rebecca Clements Henry Clements Harriett Clements Sarah Clements and Ann Eliza Clements by John Booker their guardian which said Rebecca Henry Harriett Sarah and Ann Eliza are children and distributees of William Clements decd. who was one of the distributees of Isham Clements deceased } Defendants On the motion of Bernard Seay administrater for John Clements dec.d who filed his bill he is admitted as a party plaintiff in this case. |
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Marna
L. Clemons |
Created December 2000 |