The final images from the Augusta County chancery causes are now available on the Library of Virginia’s Chancery Records Index. With this addition, all Augusta County chancery causes covering the time period from 1746 to 1912 can be viewed online—a total of 10,268 suits and 878,490 images. The collection is one of the most significant collections of historic legal records in the nation. From 1745 to 1770, the boundaries of Augusta County encompassed most of western Virginia and what became the states of West Virginia, Kentucky, Illinois, and Ohio, and parts of present-day Pennsylvania as far north as Pittsburgh. The Augusta County chancery causes are the most voluminous of any locality in Virginia and are one of the longest and most complete continuous collections of chancery records of any locality in the country. Cases are also included from the Staunton Superior Court of Chancery, with a jurisdiction of over 28 localities, from 1802 to 1831.
Following are a few suits of interest found in this latest addition of Augusta County’s equity suits. Augusta County Chancery Cause 1818-099 is a dispute over the estate of John Edmondson that included numerous slaves. The suit contains a chart documenting the hiring out of slaves owned by Edmondson. Administrator of Andrew Moore vs. Representatives of John Stuart, etc., 1845-015, gives some perspective on the ways in … read more »
In November of 1860, executor William F. Smith was in a pickle. Charged with settling the estate of Elizabeth P. Via of Augusta County, he had recently been a defendant in both a chancery and a judgment suit from seven of Via’s heirs that challenged the validity of her will. The heirs objected to the provisions that Via made for her slaves, namely that they all be emancipated. Additionally, she left $4,000 to transport them to a free state and set them up in homes there. The remainder of her estate was to be distributed amongst Via’s heirs who were not pleased by this and thought it in their best interest to have the will invalidated so that they could get everything, including the slaves that were left at Via’s death. The will was upheld, however, and then it was time for executor Smith to get on with the business of carrying out Via’s wishes. But there were some questions that he struggled to answer about his job as executor.
At issue were several points. Did children born since Via’s death have an interest in the money left to the slaves? What should happen to the residue of the $4,000 after the will’s provisions were carried out? How should title to any house or land purchased for the emancipated slaves be done? The slaves had … read more »
The Library of Virginia is pleased to announce that digital images from the Prince George County chancery causes digitization project are now available on the Chancery Records Index. Both the images and the index cover the years 1809-1917 and are available to researchers on the LVA’s Virginia Memory site.
The following are a few suits of interest found in the newly available Prince George County chancery digital images. Richard W. Backus vs. Admr. of John B. Williams, etc., 1837-003, references the postponement of the sale of a slave named Ursa because she was ill. Divorce suit 1875-001, David Harrison vs. Eliza A. Harrison, includes a letter from the court clerk referencing the destruction of a marriage license by the “Raiders” during the Civil War. Another divorce suit, Bettie Hays vs. William Hays, 1908-003 provides detailed testimony given by the plaintiff of spousal abuse by her husband. (These divorce cases join one already mentioned here on Out of the Box – a divorce in which the husband claimed that the child his wife gave birth to could not possibly be his.) In chancery cause 1916-023, Cubit Stith vs. Lucy Jackson, etc., Cubit Stith describes himself as an uneducated colored man who was born a slave. He and his daughter, Lucy Jackson, were in a bitter dispute for control … read more »
The Library of Virginia, in partnership with the Scott County Circuit Court Clerk’s Office, is pleased to announce that digitization of Scott County’s historic chancery causes is now complete. Both the index and images are available to researchers via the Chancery Records Index on the LVA’s Virginia Memory site.
The Scott County chancery collection covers the years 1816 through 1942 (with digital images posted through 1912). The chancery, or equity cases, are a valuable source of local, state, social, and legal history and serve as a primary source for understanding a locality’s history. They often contain correspondence, property lists (including slaves), lists of heirs, and vital statistics that reveal detailed stories that help tell the story of Virginia. Cases contain useful biographical, genealogical, and historical information and document a broad spectrum of citizens—rich and poor, black and white, slave and free.
Chancery Cause 1873-034, Sampson S. Robinett vs. Samuel Babb, etc., helps document post-Civil War relations as it brings to light lingering bitterness between pro-Union and pro-Confederacy residents living together in Scott. In chancery cause 1897-057, Town of Gate City vs. Col. J. B. Richmond, the city attempted to stop a citizen from blocking what it considered a public road. A large map of Gate City was used as an exhibit. Chancery Cause 1901-058 reveals the religious beliefs of the members … read more »
“It was a hot summer day on August 5, 1865, when George Kiner and Diana Bumgardner arrived at the courthouse in Augusta County, Virginia, to apply for a marriage license. They brought with them an order from Capt. John Collins, Provost Marshall, directing the court to issue the license as ‘they being in all respects entitled to such license.’ While there were other couples that day applying for marriage licenses, George and Diana were the only couple with such an order. This was indeed a historical event as they were the first African American couple to be issued a marriage license in Augusta County.”
-African American Marriage Index 1865-1899, Augusta County, Virginia
At first glance the story of George Kiner and Diana Bumgardner is one of love triumphing over the tragedies of slavery and war. But documents found in the Augusta County Chancery Causes reveal not a lovely wedding born of true love, but a shotgun affair with a groom forced to the altar at gunpoint. In his bill for divorce filed in the Augusta County courts in February 1866, George Coiner (the predominant spelling in court documents was Coiner, but Kiner and Koiner were also used) painted a less than idealistic picture of his wedding day. George Coiner, a former slave, was working in a field when two armed soldiers, one white and the … read more »
The Library of Virginia is pleased to announce that digital images for Lee County Chancery Causes, 1857-1912, are now available on the Chancery Records Index. Because they rely so heavily on the testimony of witnesses, chancery causes contain a wealth of historical and genealogical information and are especially useful when researching local, state, social, and legal history. The Lee County chancery collection offers a glimpse of life in Lee County during the 19th and early-20th centuries by documenting the African American experience, women’s history, Southern business and labor history, and the impact the railroad’s arrival had on a region. Following are a few suits of interest found in the collection.
Lee County chancery causes contain several suits illustrating the experiences of women in the westernmost part of the commonwealth. In Mary V. Pennington by etc. vs. M. C. Parsons, etc., 1887-019, Mary Pennington sought to gain control over land gifted to her by her father. The land was being sold by her husband, William Pennington, who had become “indebted and greatly embarrassed.” In 1907, Elizabeth Smith faced a similar dilemma. Elizabeth R. Smith vs. J. K. P. Legg, etc., 1907-045, protested the sale of Smith’s land sold for a set of blacksmith tools. Elizabeth Smith did not agree to the sale, but her husband, Samuel L. Smith, “commenced … read more »
A small slip of paper on display in the Library of Virginia’s latest exhibition You Have No Right: Law and Justice in Virginia, running 24 September 2012-18 May 2013, was of immense importance to twelve people. It discloses, even though it does not state the fact in so many words, that on 2 May 1772 they gained their freedom after being held in slavery since each of them was born. The piece of paper and the fates of those Virginians illuminates a disturbing and little-known part of Virginia’s history, the enslavement of American Indians.
The paper came into the possession of the Library of Virginia in 1988 when it acquired a copy of volume two of John Tracy Atkyns, Reports of Cases Argued and Determined in the High Court of Chancery in the Time of Lord Chancellor Hardwicke . . . (London, 1765–1768) that had once been in the library of the colonial government in Williamsburg. One of the librarians in the cataloguing section showed it to me, knowing of my interest in that library. When she lifted it from her desk to hand it to me, a piece of paper that had been slipped between leaves in the middle of the volume fell out and fluttered to the floor. We were surprised, and I was even more surprised when I saw what … read more »
The Virginia Circuit Court Records Preservation Program (CCRP) is celebrating its 20th anniversary this year. Part of the Library of Virginia’s Local Records Services branch, the program was created in 1992 to address the preservation needs of some of the most important records in the state – the records of Virginia’s 120 circuit courts. The CCRP continues to not only preserve, digitize, and microfilm historic records from around the commonwealth but also to reach out to circuit court clerks in each locality, offering them consultative services and financial assistance through its grant program. Since its creation twenty years ago, the program has awarded over 1100 grants, totaling nearly $16 million, to Virginia circuit court clerks to help address the preservation needs of records stored in their localities.
Twenty years later, access to Virginia’s historic court records has never been wider with more than 7 million digital chancery court images from fifty-seven counties and cities now available online through the Chancery Records Index (CRI), created to increase access to Virginia’s historic equity cases. In celebration of this important milestone, we’ve created this video celebrating the twenty year history of this innovative program that has helped ensure the preservation and accessibility of records that are a treasure trove of state and local history.
-Bari Helms, Local Records Archivist
“Jugglery, slight of hand [sic], comic concerts, and songs” brought the congregation of Centenary Methodist Church and members of the Sons of Temperance, Pendleton Division No. 22, to the Lynchburg courts in 1881. In Peleg Seabury, etc. vs. E. A. Emerson, etc., 1881-030, the plaintiffs and defendants argued over the proper use of Halcombe Hall. Congregation members complained that the hall was rented out and “filled up for a public exhibition house, for theatricals, and concerts,” but the Sons of Temperance deny any intention of allowing it to be used for a “demoralizing tendency.”
The church purchased Halcombe Hall to promote the “cause of temperance” and objected to its use for such entertainments – especially the play, East Lynne, performed there by the Fay Templeton Star Alliance. The Sons of Temperance countered that East Lynne had “frequently been performed in said hall before the intelligent people of this city who have never pronounced it demoralizing” and that the “performance is of an elevating and refining tendency, and will not injure the morals of any, not even of those whose morals are unhealthy and have a natural demoralizing tendency.”
“In the time worn and musty old folios long since filed away in our public offices, there is many a fact recorded that has occured [sic] under the personal observation of no one now living; and which if placed within the reach of the public, would go farther to give us a knowledge of the manners, customs, and character of the pioneers of Augusta County than all the histories that have been written on our native state.”
These words were written by a young lawyer who was researching court records filed in the Augusta County courthouse in the early 1830’s. He was amazed by the amount of history found in the old court papers. He discovered stories about the first settlers of western Virginia and the many obstacles they encountered in their efforts to start a new life in an untamed wilderness. He read about events that happened during the French and Indian War and Revolutionary War. The young lawyer came across suits in which the litigants talked about their migration down the Shenandoah Valley from western Pennsylvania to Kentucky, Tennessee, and Georgia. Mesmerized by what he was reading, the young lawyer wanted to make his discoveries in the court records available to the public, and so, he wrote a letter to the editor of an unidentified newspaper requesting a weekly column in which he … read more »