George Pownall & Wife, etc.
vs. the Heirs of John Thompson, etc.

Superior Court of Chancery for the Winchester District.

Recorded in Frederick County, Virginia

Library of Virginia Reel 302, images 403-442, Index Number 1828-227 SC.


The Family History Library Catalog at http://www.familysearch.org/Eng/Library/FHL/frameset_library.asp gives this background on the Superior Court of Chancery for the Winchester District:

"The Superior Court of Chancery for Winchester district was established in 1812. The district covered the counties of Frederick, Hardy, Hampshire, Shenandoah, Berkeley, and Jefferson. The counties of Morgan and Loudoun were added later. In 1831 the court was replaced with the Circuit Superior Court of Law and Chancery for each county. The records of the Superior Court of Chancery stayed with Frederick County."



Below are transcriptions and scans of some of the more important documents in the case file.



Images 441 and 442:

          To the Honourable Dabney Carr Judge of the Superior Chancery Court holden at Winchester the Bill of Complaint of George Pownal and Agnes his wife late Agnes Pancake Michael Cresap Collins & Ann his wife late Ann Pancake Joseph Rinker & Elizabeth his wife late Elizabeth Pancake and Christianna Pancake which said Christianna and the husbands of each of them as are married Elizabeth Ann and Agnes are the heirs and legal representatives of Joseph Pancake deceas'd respectfully sheweth
          That John Pancake formerly of the County of Hampshire in this Commonwealth being seized in fee of two hundred acres of land lying on the South Branch of Potomack (within the said County of Hampshire) upon the lower end of the land whereon the said John resided, on the 24th day of May in the year 1791 adjoining his own place and George Newmans and including that part of an island in the said South Branch then in possession of the said John did for a valuable consideration which your orators & oratrixes aver was paid by the said Joseph to the said John on the said 24th day of May in the said year 1791 sell and stipulate to convey to the said Joseph his heirs and assigns a [?] fee simple interest in the said tract of land free and [?] encumbrance of any kind whatsoever with the [?] legally requested [?????] was the same day and [year?] [?] a [condition?] there[under?] written to which the name of the John [?] been by the said John subscribed and affixed now exhibited as part of this bill reference being thereunto had will more fully appear. It is further represented by your orators and oratrixes that the said Joseph became possessed of the said tract of land by [?] of the said agreement, that the said John departed this life without performing the stipulation therein contained [viz?] by conveying or causing to be conveyed to the said Joseph a fee simple estate and interest therein. That the said Joseph subsequently departed this life intestate leaving your oratrixes Agnes Ann Elizabeth and Christianna his children and heirs of whom the three first named are married to the Agnes and George, Michael Cresap & Joseph and with their said husbands and the said Christianna are the heirs and legal representatives of the said Joseph. That the heirs and legal representatives of the said John whose names are to your orators and oratrixes unknown reside in the State of Kentucky, that a certain John Thompson formerly of the said County of Hampshire presented to have a legal title to the said tract of land derived either from the said heirs or some other person who as he alleged had a right thereto, that the said John hath departed this life and that John Thompson George Thompson James Thompson William Thompson Robert Thompson Samuel Thompson Margaret the wife of [unreadable] Rees formerly Margaret Thompson Elizabeth the wife of Edward Rees late Elizabeth Thompson and Martha the wife of Peters late Martha Thompson are the children and together with the husbands of the females the heirs and legal representatives of the said John and that the said heirs and legal representatives combining and confederating with the heirs and legal representatives of the aforesaid John Pancake and others to your oratrixes and orators unknown who when uncovered your oratrixes and orators pray may be made defendants and also that the heirs legal representatives of the said John Pancake & John Thompson may be considered as defendants to this bill. Your oratrixes and orators further state that the heirs and legal representatives of the said John Pancake and John Thompson combining & confederating as aforesaid give out in [?] that the obligation given by the said John Pancake to the said Joseph Pancake exhibited to your orators aforesd is void [?] no effect, that the heirs & legal representatives of the said John Thompson have either a legal or equitable [?] to a fee simple estate in the said tract of land & that it was the [?ination] of the heirs and legal representatives of the said John Thompson to proceed either in a court of law or in a court of chancery for the [?] [?] of such rights thus incumbranced, and as your orators & oratrixes have only an equitable interest in the said tract of land and have a right to resort to a court of chancery to compel a [?] performance on the part of the heirs and legal representatives of the said John Pancake and to the [?] in the possession of the said tract of land against the said heirs and legal representatives [?] against the heirs & legal representatives of the said John Thompson Wherefore your orators pray that all the defendants to this bill may answer the allegations therein contained as fully and particularly as [of or if?] specially [?] to an [?] thereunto, that [?] of the said defendants as are heirs & legal representatives of the said John Pancake may be compelled by the decree of this court to convey to your orators and oratrixes a good and sufficient estate in fee simple in the said tract of land free and clear from incumbrance, that [?] orators & oratrixes may be [quieted?] in the possession & enjoyment of the said tract of land against the said heirs & legal representatives and also against the heirs and legal representatives of the said John Thompson and that your orators and oratrixes shall have all such other relief in the premises as may be agreeable to equity and good conscience May it therefore please your Honour to grant unto your orators and oratrixes the Commonwealth [writ?] of subpoena to the defendants [?] [?]

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Image 406:

Hampshire County SS

          Know all men by these presents that I John Pancake of Commonwealth of Virginia and County aforesaid am held and firmly bound unto Joseph Pancake of the aforesaid Commonwealth and County of Hardy in the full and just sum of four hundred and fifty pounds current money of Virginia to be paid to Joseph Pancake his certain attorney heirs executors admrs or assigns. To the payment whereof will and truly to be made and done I bind myself my heirs, executors, and administrators, and every of them, and every of their heirs Exors & adms in the whole, and for the whole jointly and severally firmly by these presents sealed with my seal this 24th day of May 1791.
          Whereas the above said John Pancake hath this day sold to the above said Joseph Pancake his heirs and assigns two hundred acres of land in the South Branch of Potowmack upon the lower end of the land whereon he the said John Pancake now resides to adjoin his own place, and George Newman's, and also to include that part of the island now in possession of the said John Pancake which said land the said John Pancake is to convey to the said Joseph Pancake his heirs and assigns in fee simple. Now the condition of the above obligation is such that if the above bound John Pancake his heirs Executors and administrators do and shall well truly and faithfully (when thereunto legally requested) make over and convey by a good and sufficient estate in fee simple clear, and free from all, and every incumbrance of any kind whatsoever to him the said Joseph Pancake his heirs and assigns forever all that the above mentioned two hundred acres of land, and put him and them in quiet possession thereof, then this obligation to be void else to remain and be in full force and virtue in law.

John Pancake (L Seal)

Signed Sealed & Delivered in presence of)

Jonathan Purcell
William Jacob


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Image 409:

George Pownal & Agnes his wife late Agnes Pancake, Michael Cresap Collins & Ann his wife late Ann Pancake, Joseph Rinker & Elizabeth his wife late Elizabeth Pancake & Christiana Pancake which said Christiana Elizabeth Ann & Agnes are the heirs & legal representatives of Joseph Pancake deceased vs John Thompson & the heirs or legal representatives of John Pancake deceased [three words or abbreviations I can't decipher]



Image 417:

THE COMMONWEALTH OF VIRGINIA

To the Sheriff of Hampshire County, Greeting:

YOU are hereby commanded to Summon John Thompson and the heirs or legal representatives of John Pankake decd. [Viz?] Susanah Pancake widow of said John Pancake Simon Pancake and John Pancake heirs of said John Pancake to appear at the Clerk's Office of the Superior Court of Chancery, directed by law to be holden at Winchester, in the county of Frederick, on the first Monday in September next, to answer a bill exhibited against them in the said Court, by George Pownal and Agnes his wife late Agnes Pankake, Michael Cresap Collins and Anne his wife late Anne Pankake, and Christina Pankake which said Christina, Elizabeth, Anne and Agnes are the heirs and legal representatives of Joseph Pankake decd

And this they shall in no wise omit, under the penalty of £100. And have then there this Writ. Witness, DANIEL LEE, Clerk of our said Court at Winchester, this 27th day of June 1815, and in the 39th year of the Commonwealth.

[The Sheriff is requested to note, in his return, the time of executing this process.]

Danl Lee


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Image 414:

Commonwealth of Virginia,

To the Marshal of the Winchester Chancery District, GREETING:

You are hereby commanded to Summon John Thompson George Thompson James Thompson William Thompson Robert Thompson Samuel Thompson Thomas Rees and Margaret his wife Edward Rees and Elizabeth his wife Hedges and Jane his wife and          Peters and Martha his wife heirs and legal representatives of John Thompson decd to appear at the Clerk's Office of the Superior Court Chancery, directed by law to be holden at Winchester in the county of Frederick, on the first Monday in November next, to show why a suit wherein George Pownal and Agnes his wife and others are plaintiffs and John Thompson and others are defendants and which stands suspended by the death of said John Thompson shall not be renewed against the above named his heirs and legal representatives or also to answer the bill filed in said cause.

And this they shall in no wise omit, under the penalty of 100l. And have then there this Writ.

Witness, DANIEL LEE, Clerk of our said Court at Winchester, this 21st day of September 1819, and in the 44th year of the Commonwealth.

[The Marshal is requested to note, in his return, the time of executing this process.]

Danl Lee



Image 434:

[?] of Winchester personally appeared before me, [?] a justice of the peace for sd [County?] [?] , who made oath that the annexed [order?] of publication, was inserted in the Winchester Gazette, [?] published [?], from Decr 20 1823 [until?] [?] 7th 1824 including 8 publications weekly. Sworn before me this 14th April 1828.

[J. W. Millen?]


VIRGINIA TO WIT.

At Rules holden in the Clerk's Office of the Superior Court of Chancery for the Winchester District the first Monday in December 1823.
George Pownall and others,    Plaintiffs
AGAINST
The heirs of John Thompson, dec'd. and the widow and heirs of John Pancake, dec'd.    Defendt's.
          THE Defendants Susanna Pancake widow, and Simon Pancake, and John Pancake, heirs of John Pancake dec'd not having entered their appearance and given security according to the Act of Assembly and the Rules of Court, and it appearing by satisfactory evidence, that they are not inhabitants of this country: It is ordered, That the said Defendants do appear here on the first day of the next term and answer the bill of the plaintiffs and that a copy of this order be forthwith inserted in some newspaper published in Winchester, for two months successively and posted at the front door of the Court House in the said town of Winchester.

A Copy--Teste
[obscured] L. LEE c. c. c.
Dec. 20--[obscured]


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Image 436:

Frederick County to wit

Personally appeared before the subscriber, a Justice of the Peace for the county aforesaid, SAMUEL H. DAVIS, who made oath that the annexed advertisement had been inserted nine weeks successively in the Winchester Republican. Given under my hand this 20th day of November 1824.

[?] Carson


VIRGINIA, TO WIT:

At rules holden in the clerk's office of the superior court of chancery for the Winchester district, the first Monday in May 1824:
George Pownall and wife, and others, ptfs.
against
The heirs of John Thompson, decd. and others, Dfts.
          The defendants, Edward Rees and Elizabeth his wife, and Jonathan Peters and Martha his wife, not having entered their appearance and given security according to the act of assembly and the rules of this court; and it appearing by satisfactory evidence that they are not inhabitants of this country; It is ordered, that the said defendants do appear here on the [?] day of the next term, and answer the bill of the plaintiffs; and that a copy of this order [?] forthwith inserted in some newspaper published in Winchester, for two months successively, and posted at the front door of the courthouse in the said town of Winchester.
A copy--Teste.    [24n]    DANL LEE, c c



Image 412:

Virginia, to wit:

At Rules holden in the Clerk's Office of the Superior Court of Chancery for Winchester District, the first Monday in June 1825;

George Pownall and wife and others - Plts
against
The Heirs of John Thompson decd and others   Defts

The Subpoena awarded in this cause being returned executed on the defendants John Thompson George Thompson James Thompson William Thompson Robert Thompson Samuel Thompson Thomas Rees and Margaret his wife and Samuel Hedges and Jane his wife

and three months since filing the bill and the service of the subpoena having elapsed, and they still failing to file their answer; the bill of the plaintiffs is taken for confessed and the Court will proceed at a future date to decree the matter thereof, unless the said defendants on or before the fifth day of the term next after they shall have been served with a copy of this order, show cause to the contrary.

A COPY-TESTE,

Danl Lee cc



Image 439:

George Pownall and others
vs
The heirs of John Thompson dcd
and the widow and heirs of John Pancake dcd

This cause came on this    day of April
1828 to be heard and the complainants now say
there is no equity against the heirs of John Thompson
and the bill as to them is exempted and the
order of [?] against the other defendants Susanah Pancake
widow and John Pancake and Simon Pancake
heirs of John Pancake dcd [had?] been duly published the Court+ and the [?]
[having?] by [?] [?] [in?] have requested that the deed of conveyance for the land in
the bill mentioned shall be made to Michael
Blue to whom they have [sold?] the [same?]  [?]
therefore adjudged ordered and [decreed?] that George
Severs the marshal of this court be
appointed a [commissioner?] to convey said lands.
And he is hereby authorized to convey
in fee simple all the [?]
of said heirs of said John Pancake of [?] and to
said lands to the said Michael Blue with warrants
against them and all persons claiming under them.


+ is of opinion that the Compls. are entitled to [a decree for a title?]

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Added April 3, 2005