McCormack, Anderson v. McCormack, Admr. of William, etc.: Chancery Cause, Halifax County (Part 10 of 16)
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against the plaintiff in this cause and Henry Showalter and Joseph Showalter, who have since the institution of this suit became interested in the subject matter in controversy in this suit." see Cross In Court. May 15, 1842 The Defendant Anderson McCormack by counsel in pursuant to leave granted him on yesterday filed his cross bill (see Cross Bill marked F. In Court. May 14 1842 - "The defendants (to the cross bill ) this day by their counsel filed their Demurrer to the complainants cross bill" (see Demurrer marked G. In Court May 13 1843 - "This day this cause (the original suit) came on to be heard on the bill, answer of the defendant Anderson McCormack, exhibits and examination of witnesses, and during the progress of the argument of Counsel, the plaintiff by his counsel, offered to dismiss his Bill in this cause, but the Court being of opinion that injustice would be done to the defendant Anderson McCormack by such dismission, refused to permit the said bill to be dismissed." In Court May 17 1843. "This day these causes (The original suit and the cross bill ) came on to be heard together upon the bill of the plaintiff & answer of the Defendant Anderson McCormack in the first named cause, and upon the Cross Bill of the plaintiff, and Demurrer of the defendants in the last named cause, and the examination of Witnesses, and was argued by counsel, upon consideration whereof, the Court not deciding any question in either case, doth adjudge order and decree that an issue be made up and tried at the bar of this Court on its common law side, to ascertain whether William McCormack or Anderson McCormack was the true owner of the slave Matilda in the proceedings mentioned at the time of the institution of the original suit aforesaid by the said William McCormack, and that the verdict of the jury thereupon be certified to this court." In Court May 16 1844 - "The Judge of this Court having been of counsel for some of the parties interested in these causes, and feeling some delicacy with regard to the trail of the same, proposed to remove the said causes to some County without this Circuit, but the parties being desirous that they should remain and be decided in this court, by consent of the parties by their counsel, they are ordered to remain in this Court for trial, and are continued till the next term." In Court, May 9 1845 - The Defendants Joseph Showalter and Henry Showalter, (in the Cross Bill) this day by their counsel, filed their answer to the cross bill filed against them, to which the plaintiff in the said Cross Bill replied generallly"- (see answer marked H.) In Court October 12 1846 - "This day those causes again came on to be heard together upon the papers formerly read, and the decretal order pronounced in the said suits on the 17 day of May 1843, directing an issue to be made up and tried at the bar of this Court on its common law side, to ascertain whether William McCormack or Anderson McCormack was the true owner of the slave Matilda in the proceedings mentioned at the time of the institution of the original suit aforesaid by the said William McCormack, on consideration whereof and with the consent of the parties in both the said causes, the Court doth adjudge, order and decree that the said order directing the said issue, and all matters in relation thereto be set aside." In Court, October 16th 1846 - The Judge of this Court having been of Counsel for the plaintiff in the first named suit, and also counsel for the defendants (in the cross bill) in the second named suit, and an issue having been heretofore directed and made up to be tried and determined on the common law side of this court, in the said causes, which said issue having been by consent of the parties set aside at this time - and the Court now being unwilling to preside at the trial of the said causes as a Court of Equity, doth order that the said cause severally be removed to the Circuit Superior Court of Law and Chancery for the County of Halifax, to be there proceeded in and tried.
Costs in original suit to wit: To William McCormack in his lifetime and Admr since his death $24.31 To Anderson McCormack, Defendant in original suit Costs on the Cross Bill, to wit $14.44 To Anderson McCormack, Plaintiff in Cross Bill $19.10 To Henry & Joseph Showalter, Defendants in Do $19.82 The above includes all costs, to Attornies, Clerks, Sheriffs and all others up to the time of the removal of the causes from this Court. Copies, Teste. M. G. Carper Clk