Randolph in a sum sufficient to pay your Orator for his expenses & troubles aforesaid: Now therefore seeing he is remidiless in the premises except in a court of Chancery, your Orator prays that Kidder Randolph , Peyton Randolph, & Wm Berkeley may be made Defendants to this bill and compelled to answer the allegations contained herein upon oath, not only to the best and utmost of their knowledge, but also of their remembrance information & belief; that your worships would order a sufficiency of money to be retained in the hands of the said P Randolph & Berkeley to pay your Orators account which is herewith filed & prayed to be taken as a part of this bill, and the Costs of this suit until the hearing and determining this cause out of any money in their hands belonging to Kidder Randolph or which they may owe to him, & that the complainant may have such other & further relief as to your worships may seem meet or the case may require:" And a Subpoena in Chancery to answer the same issued against the Defendants, which, with the Sheriff's return is in these words: to wit: "The Commonwealth of Virginia To the Sheriff of Prince Edward County Greeting, We command you to summon Kidder Randolph, Wm Berkeley, & Peyton Randolph to appear before the Justices of our County Court of Prince Edward, at the Court House on the 3rd Monday in August next to answer a bill exhibited against them in said Court by Thompson T Craghead, and unless they shall answer said bill within four months thereafter, the court shall take the same for confessed and decree accordingly. And have then there this writ. Witness Branch J Worsham Clerk of our said Court the 8th day of July 1831, in the 56th year of the Commonwealth. B J Worsham C C" Return - "Executed on P. Randolph, July 11. 1831. & K Randolph no Inh'bt, and not time to Execute on Berkeley. F A Booker D S for Tho's. Scott Shff." 1831. September Rules, a new Subpoena issued against the Defendants, the former one being not returned which with the Sheriffs return is in these words, to wit. "The Commonwealth of Virginia, To the Sheriff of Prince Edward County Greeting, We command you to summon Kidder Randolph, Wm Berkeley & Peyton Randolph to appear before the Justices of the County Court of Prince Edward at the Court House on the 3rd Monday in November next to answer a bill in Chancery exhibited against them by Thompson T Craghead, & unless they shall answer the same within four months thereafter, the same shall be taken for confessed & the Court will decree the matter thereof & this they shall in no wise omit; & have then there this writ. Witness Branch J Worsham Clerk of our said Court, at the Court House on the 5th day of September 1831 in the 56th year of the Commonwealth. B J Worsham C C " Return. "26th Sep. 1831, Executed on Wm Berkeley, and Kidder Randolph & Peyton Randolph, no inhabitants. Sam'l Allen D S for Tho's Scott Shff." 1831. October rules, Sp'a. returned Executed on P Randolph & time for his answer.
" November rules this cause was continued for the answer of the deft. P. Randolph " December rules, Sp'a. returned Executed on Berkeley and time for answer of P. Randolph & Berkeley, and new Sp'a. against Kidder Randolph, which is as follows:
"At a Court held for said County, 19th December 1831, the defendant Kidder Randolph not having entered his appearance & given security according to an act of