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EVANS and GIBSON Family Chancery Records |
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Chancery Court Records, Lynchburg County, Case 1821-033, Charles Evans etc., vs Lewis B. Allen |
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At a District Court held at the Capitol in the City of Richmond, the 4th day of April 1795. In trespass, assault, battery and false imprisonment This day came the parties by their attornies and thereupon came a Jury, to wit; John Royal, Macon Green, Archer Paine, John Curd, Nathaniel W. Price, Thomas Bolling, Richard Young, John Trower, Francis Tompkins, Frederick Argyle, Archibald Dalzel and Reuben Munson who being elected tried and sworn the truth to speak upon the issue joined upon their oath do say that the plts. are free and not slaves as by replying they have alledged; Therefore It is considered by the Court that the plts. recover their freedom. A copy Teste J. Robinson C.S.R.D.C. ************************** Note: The above page was submitted
multiple times as is, however, the following statement was included in an 1800 submission: I John Robinson Clerk of the District Court aforesaid, do hereby certify that the foregoing is a true copy from the records of my office. In testimony whereof I have hereunto set my hand and (there being no seal of the said Court) affixed my own seal at Richmond aforesaid, the twenty first day of April one thousand eight hundred. J. Robinson *************************************************************** At a District Court held at the Capitol in the City of Richmond, the 5th day of April 1792. Thomas Gibson alias Mingo Jackson- plt. against David Ross- deft. In trespass, assault, battery & false imprisonment This day came the parties by their attornies and thereupon came a jury, to wit, Norborne Taliaferro, John Livingston, Robert Paisley, David Michie, George Gray, Elliot Buckner, Nicholas Giles, John Shobea, William Mewburn, Charles J. McMurdo, William H. Smith & William Winston, who being elected tried and sworn the truth to speak upon the issue joined upon their oath do say that the plt is a free man and not a slave as by replying he hath alledged and they do assess the plts damages by the occasion in the declaration mentioned to one penny besides his costs; Therefore It is considered by the Court that the plt. recover against the deft. his damages aforesaid in form aforesaid assessed and his costs by him about his suit in this behalf expended and the said defendant may be taken &c A copy Teste J. Robinson, CS.C.R. *********************************************************
Lewis B. Allen -Ads & Answers February 17th 1809 ***************************************************************
To the Honorable the Judges of the High Court of Chancery holder in and for the District of Richmond. Pittsylvania S.ct, 26th January 1809 This day came Lewis B. Allen before me Nathaniel Wilson one of the Justices of the Peace for the County of Pittsylvania & State of Virginia and made oath that the facts contained in this answer so far as relates to himself are true, and such as he derives from information he believes to be true given under my hand this day and date above Nath'l Wilson *********************************************************
To the honorable, the judge of the Superior Court of Chancery directed by case to be holden in the city of Richmond.
that the said Lewis Allen, whom your orators and oratrixes pray to be made defendant hereto, refuse to permit them to present their
claims to freedom that the deposition of Ann Meriwether, which was taken in a suit instituted by them in the district court of Brunswick for their freedom
against David Allen, whose administrator the defendant says that he is, and which suit abated by the death of the said David Allen, is lost out of the
office of the district court as aforesaid but is as your orator and oratrixes have been informed and believe, in the knowledge or possession of the
defendant: that the said deposition fully establishes their rights. *********************************************************
Charles Evans &c
February 1809 bill taken for confess Edm. Randolph begs leave to certify to the judge, that the complainant Charles Evans is now tied and confined to be sent from Richmond, and probably out of the Country, by the order of Lewis Allen, who cannot be served with a subpoena. A prohibition is therefore prayed against Allen, and all others persons. May 7, 1805 *************************************************************** To the honorable, the judge of the Richmond Chancery district court The petition of Charles Evans, Amey Evans, Sukey Evans, Sisar Evans, Solomon Evans, Frankey Evans, Sally Evans, Milly Evans, Adam Evans and Hannah Evans holden in slavery by Lewis Allen, of the County of Halifax humbly sheweth: that your petitioners are descendants from Jane Gibson, a free Indian woman, who and most of whose posterity have obtained their freedom by judgments of different courts: that there is a great danger of their being removed out of the commonwealth by the said Allen; as some of the same blood have been sold by the said Allen in the state of North Carolina. Your petitioners therefore prays that they may be permitted to sue in forma pauperum &c. March 5, 1804 I beg leave to certify it to be my opinion, that the above allegations are supported by documents in my possession, and that the petitioners are entitled to freedom. Edm. Randolph, a counsel in the said court *************************************************************** Evans &c vs Allen} Petition
Evans &c vs Allen Evans vs Allen} Petition Mar 1804 Petitioners allowed to sue in forma pauperum *************************************************************** This day Abram Dugard personally appeared before me and made oath upon the Holy Evangelist of Almighty God, that on the first Monday in this present month he was in company with Lewis Allen at the Court House in this City that, while in his company Thomas Gibson alias Mingo Jackson came up when said Allen stop'd Gibson in the street and ask'd him if he was not Gibson, to which he replied that he was, and with an appearance of trans ask'd in return if he was "Master" Allen? Allen replied that he was. Allen immediately asked Gibson where Charles was, when Gibson answered that he did not know, but was glad to see Mr. Allen with a hope of getting matters settled. Gibson then asked Allen what had become of Charles's mother Amy, who was sister to his (Gibson's) mother, and her two youngest children. Allen answered that she had run away. Gibson replied that Allen and his kinsman Allen Hunt had sold her; & Allen denied it and repeated, that she had run away. Gibson replied that a gentleman now on the Assembly could give testimony that he had sold her. In the course of the conversation Gibson asked Allen who was executor or administrator to his father's estate. He replied that he was; and that if Gibson would find Charles he would give him fifty dollars, and would suffer himself to be sued by Charles. Allen proceeded to enjoin it on Gibson to look for Charles and said that on his finding him, he would pay him fifty dollars, and that he would fix him, meaning Charles. Richmond Ss. Sworn to by the aforenamed Abraham Dugard, before me a magistrate for the city, this 15th day of December 1803. Sam'l Pleasants Jr.
*************************************************************** Frances Evans died in possession of Col'o Wm. Mereweather. Sarah Collins was the daughter of said Frances Evans. Amey, Hannah, Beck, Cate, Milly, Mica & Franky were the daughters of said Sarah Collins. At the death of Col'o Wm. Mereweather the said Sarah Collins & Amey decended to Richard Merewether. By the last Will of said Richard Mereweather the said Amey was bequeathed to Tho's Mereweather. I was well acquainted with said Amey, having had her to live with me. Tho's Mereweather sold the said Amey and her son Charles to Col'o David Allen dec'd. Ann Meriwether Hanover County Sct. Mrs. Anne Mereweather this 15th day of December 1803 made oath before me a magistrate of said County that the foregoing statement of facts is correctly stated as she believes. Benjamin Pollard (Note: This was Ann Walker-Meriwether, widow of John Meriwether who testified in the 1790 case of Thomas Gibson/Mingo Jackson vs David Ross) ********************************************************* Gibson v Ross Copies of Sundry Papers *************************************************************** Edm'd Randolph Esqr., Richmond Charles City County, to wit;
The deposition of Robert Wills in the suit Thomas Gibson alias Mingo Jackson plt. against David Ross deft. taken in presence of the plt. &
Mr. Vannerson agent for Mr. Ross by consent, at the house of the said Wills this 25th day of June 1791, who being first duly sworn deposeth and saith,
That about seventy years ago he was well acquainted with Jane Gibson and George Gibson her brother who were dark mulattoes and lived in the County of
Charles City, and were free people; That the said Jane Gibson had two children named Jane and George Gibson, that they were also free; That the said Jane
Gibson the younger intermarried with a certain _____ Evans of the said County, by whom she had several children, one named Frances Evans Grand Daughter of
the said Jane Gibson above named, that the said Frances Evans removed to New Kent County, where she lived and had several children, two of whom, as the said
Frances Evans informed this deponant were named Tom and Frances Evans, and were bound to one LIGHTFOOT of New Kent. This information was made to this
Depon't by the said Frances Evans the elder when she was on a visit to her friends in this County, who were neighbours to this deponant. This deponant; This deponant further saith, that after the said great Grandchildren Viz: Tom & Frances were bound to the said LIGHTFOOT he never heard any thing more relative
to them; That many of the descendants of the said GIBSONS and EVANS now in this deponants knowledge are alive, and are enjoying their freedom unmolested and
have remained so since this deponants first acquaintance with the said Jane Gibson the elder; That many of them are black, some nearly white and others dark
mulattoes, which this deponant supposes proceeded from a promiscious intercourse with different colours. Rob't Wills Taken before me a Justice of the peace for the County afores'd the day above Stith Hardyman ***************************************************************
The deposition of Robert Wills a witness in the suit of Thomas Gibson alias Mingo Jackson against David Ross taken in virtue of the
annexed Commission from the District Court of Henrico, before John Pleasants a Justice of the peace for the said County of Henrico by consent of the parties
at Norwich Mills in the County aforesaid on Saturday the 9th day of July 1791, Robert Pleasants attending for the plaintiff, and Wm. Vannerson on behalf of
the defendant. This deponant being first duly sworn on the Holy Evangelists deposeth and saith that for his testimony in this suit he can only refer
to his former deposition taken at his own house in Charles City County, on Saturday the 25th day of June last unless the parties have any other questions to
ask him. Questions by the defendant. How old were you when you were firs acquainted with the elder Jane Gibson and George her brother?
Answer I believe I was ten or eleven years old or thereabouts. Robert Wills
Taken and signed before me this 9th day of July 1791. *********************************************************
The deposition of John Meriwether Gent. taken this day at his house in the City of Richmond in a suit now depending in the Henrico
District Court wherein Thomas Gibson alias Mingo Jackson is plt. and David Ross defendant. John Meriwether This deposition was taken this day before us whose names are hereto subscribed in virtue of a commission to us directed legal notice being proven, which may more full appear by the affidavit of notice and the commission from the District Court of Henrico &c which are hereto annexed.
Jno. Barret
Richmond, 13th Novem'r 1790
Teste ********************************************************* Virginia At a Superior Court of Chancery holden at the Capitol in the City of Richmond the 1st day of February 1809 -- Charles Evans, Amey Evans, Sukey Evans, Sinar Evans, Solomon Evans, Frankey Evans, Sally Evans, Milly Evans, Adam Evans and Hannah Evans holden in Slavery by Lewis Allen, Plts. Against Lewis Allen, Deft. The subpoena awarded in this cause being returned executed on the defendant and three months since filing the bill, and the return of the subpoena having elapsed and the still failing to file his answer on motion of the plaintiffs by counsel, the court doth take their bill for confessed and will proceed at a future day to decree the matter thereof, unless the said defendant on or before the tenth day of the term next after he shall have been served with a copy of this order shew cause to the contrary. A Copy Teste Wm. W. Hening C.C. *********************************************************
Evans &ad. November 12, 1807 Not Found - Ben Sheppard - Dpy. for Wm. Price, Shff. ***************************************************************
The Commonwealth of Virginia, You are hereby commanded to summon LEWIS ALLEN to appear at the Capitol, in the City of Richmond, on the first day of the next term, before the Judge of the Superior Court of Chancery, directed by law to be holden in the said City, to answer a bill exhibited against him in the said Court, by Charles Evans, Amey Evans, Suckey Evans, Sinie Evans, Solomon Evans, Franklen Evans, Sally Evans, Milly Evans, Adam Evans and Hannah Evans holden in slavery by the said Lewis Allen. And this he shall in no wise omit, under the penalty of 100 l. And have then there this writ. Witness, PETER TINSLEY, Clerk of our said Court at Richmond, this 5th day of October 1807 and, in the 32nd year of the Commonwealth. P. Tinsley *************************************************************** E. Randolph Evans vs Lewis Allen Executed 5th of Sep'r 1808. Wm. Yancey, Dep. of L. Callan, Shff. (Pittsylvania) ***************************************************************
The Commonwealth of Virginia You are hereby commanded to summon LEWIS ALLEN to appear at the Capitol in the City of Richmond, on the seventeenth day of the next term, before the Judge of the Superior Court of Chancery, directed by law to be holden in the said City, to answer a bill exhibited against him in the said Court, by Charles Evans, Amey Evans, Sukey Evans, Sinar Evans, Solomon Evans, Frankey Evans, Sally Evans, Milly Evans, Adam Evans and Hannah Evans, holden in Slavery by Lewis Allen. And this he shall in no wise omit, under the penalty of 100 l. And have then there writ. Witness, PETER TINSLEY, Clerk of our said Court at Richmond, this 30th day of June 1808, and in the 32nd year of the Commonwealth. Peter Tinsley, C.C. *********************************************************
Evans Not Found, N. Sheppard Dpy. **************************************************************
The Commonwealth of Virginia You are hereby commanded to summon LEWIS ALLEN to appear at the Capitol in the City of Richmond, on the 17th day of the next term, before the Judge of the Superior Court of Chancery, directed by law to be holden in the said City, to answer a bill exhibited against him in the said Court, by Charles Evans, Amey Evans, Suckey Evans, Senah Evans, Solomon Evans, Frankey Evans, Sally Evans, Milly Evans, Adam Evans and Hannah Evans holden in Slavery by the said Lewis Allen. And this he shall in no wise omit, under the penalty of 100 l. And have then there this writ. Witness PETER TINSLEY, Clerk of our said Court at Richmond, this 30th day of Apl. 1805, and in the 29th year of the Commonwealth. P. Tinsley *********************************************************
Evans No Inhabitant of Halifax County Isaac Medley DShff, for Wm. McDaniel Shff ***************************************************************
The Commonwealth of Virginia You are hereby commanded to summon LEWIS ALLEN to appear at the Capitol in the City of Richmond, on the 1st day of the next term, before the Judge of the High Court of Chancery, sitting as the Chancery District Court directed by law to be holden in the said City, to answer a bill exhibited against him in the said Court, by Charles Evans, Amey Evans, Suckey Evans, Sinah Evans, Solomon Evans, Frankey Evans, Sally Evans, Milly Evans, Adam Evans and Hannah Evans holden in Slavery by the said Lewis Allen. And this he shall in no wise omit, under the penalty of 100 l. And have then there this writ. Witness PETER TINSLEY, Clerk of our said Court at Richmond, this 20th day of June 1804, and in the 28th year of the Commonwealth. P. Tinsley ********************************************************* To Mr. Creek Taylon, Attorney ***************************************************************
Cononel David Allen deceased
Aimey Evins ***************************************************************
Jane Gibson an Indian Woman
Geo. Gibson her son Jane Gibson the >>>>
Morris Evans
Frances Evans who Went
Tom Evans bound Frances Evans bound to
Tom --Tomson ---Sarah Coley >>>> A slave of Hannah --- Beck ---- Amey The Plaintiffs See ********************************************************* Charles Evans, Amey Evans, Suckey Evans Sinar Evans, Solomon Evans, Frankey Evans, Sally Evans, Milly Eavans, Adam Evans and Hannah Evans, holden in Slavery by Lewis Allen vs the said Lewis Allen
Plaintffs costs (as charged but never copied)----------------- $ Cls
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The next page contains the recently located missing pages from the above files, which were referred to as being "lost" as stated in the 1809 Richmond Chancery Court proceedings. The testimony was taken in Brunswick County and the papers reveal much additional info which was not included in the above petitions. |
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© 2013 to present This website and all material on it are the property of Deloris Williams. You may use these records for personal research only, no materials on this website is to be reproduced or republished to a commercial website or used for commercial purposes. Last updated 09/26/2018 |