Brown v Brown

Submitted by Charolette “Chocy” Brown
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Please note: the page numbers are for convenience of the transcription and are not the page numbers in the court order book.

 

“Frederick County, Virginia Superior Court Order Book 1820-1825”

 

Page 07:

BROWN

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BROWN

                                To the Hon’ble Henry St. George TUCKER Judge of the Superior Court of Chancery holden at Winchester the bill of complaint of Joel BROWN one of the children and heirs of Thomas BROWN Sen’r deceased respectfully showeth That the said Thomas BROWN Sen’r departed this life interstate about three years ago seized in fee of three tracts of land situated as follows viz:     a tract containing 202 acres near Opeckon Creek in the County of Frederick within this Commonwealth whereon the said Thomas resided at the time of his Deceased ---- Another tract on Isaac’s Creek in the said County of Frederick containing 500 acres and another tract near LOCKHART’s tavern in the said County of Frederick containing six hundred acres and fourth of an Acre – also a house and lott on what is commonly called Fort Hill in the said Corporation of Winchester.     It is further stated by your orator to your honour that at the time of the said Thomas BROWN Sen’r deceased only six of his children were alive namely William, Caleb, David, Mary, Sarah the Widow of Solomon HOLLINGSWORTH dec’d and your orator Thomas BROWN & son one of his Children having died before his father leaving four children namely Mary, Louisa, Rachel Ann Sarah, Elizabeth and Charles

 

 (Transcriber’s note: The punctuation is as it appears in the original document. Since there were four children, it probably should have been written Mary Louisa, Rachel Ann and Sarah Elizabeth then adding Charles as the fourth child.)

 

 and that Caleb another son of the said Thomas BROWN Sen’r hath since departed this life as well as his brother Thomas BROWN Jun’r interstate.  That the said Caleb died seized of a tract of land lying on Bruce run also in the said County of Frederick and that it is desirable that the real estate of the said Thomas BROWN Sen’r  and Caleb BROWN be divided amongst the said William, David, Mary, Sarah, your Orator and the said Mary,  Louisa, Rachel, Ann, Sarah, Elizabeth and Charles peccably to the law of this Commonwealth, a measure which cannot be effected in conveyances of the minority of the said Children who are the heirs of the deceased Thomas BROWN Jun’r without the aid of a Court of Chancery ----Wherefore your Orator prays that the said Children and grand Children of the said Thomas BROWN Sen’r (who are also the brothers, sisters, nieces and nephew of the said Caleb BROWN) maybe considered as defendants to this bill and answer fully the allegations herein contained.  That your honour will devise (?) in situatition (?) of the _____(?) property aforesaid against those interested therein and entitled thereto a favorably to the law of this Commonwealth.   And that your ____(?) may _____(?) such other relief as shall be agreeable to Equity and good conscience.  May it therefore please your honour to grant unto you Orator the Commonwealths Writ of Subpoena to the Defendants and etc.  

 

                The _____(?) and answer of William BROWN, David BROWN, Mary BROWN and Sarah

 

Page 08

HOLLINGSWORTH Widow of Solomon HOLLINGSWORTH demand to a bill exhibited of which the said William, David, Sarah and Mary in the Superior Court of Chancery holden at Winchester by Joel BROWN. 

                               

BROWN

v             }

BROWN

                                These respondents saving and resawing to themselves all advantages and benefit of exception to the many imperfections in the said bill contained in answer statements or to so much thereof as they are advised is material and necessary to Answer unto Answer and say that they cannot counteract the allegations contained in the said bill and that they are willing a division of the property therein referred to should be decreed without that that to and pray to be Cause as  issued with their costs in this behalf sustained.

Frederick County to Wit,

                                The aforesaid William BROWN, David BROWN, Mary BROWN and Sarah HOLLINGWORTH being of the people called Quakers and conscientiously scrupulous of taking an oath each solemnly affirmed before the subscriber a Justice of the Peace for said County that the aforesaid answer contains the truth. Given under my hand the 3rd day of April 1826.

                                                                                                                B. CARSON

 

                The answer of Mary Louisa BROWN and Rachel Ann BROWN tow of the Children and heirs of Thomas BROWN Jun’r dec’d by James CARTER their Guardian specially appointed by the Superior Court of Chaucery holden at Winchester in a Suit therein depending wherein Joel BROWN is plaintiff and the said Mary, Louisa, Rachel, Ann and others are Defendants. These respondents saving and resawing all advantage and benefit of exception to the many imperfections in the said bill contained in Answer unto by than said guardian answer and say that they are infants of the tender years and that their right and interest in the property therein mentioned is hereby put under the Direction of the Court relying that such a decision will be had in relation thereto as shall be agreeable to Equity and good conscience without that that etc and pray to be hence dismissed with their Costs in  this behalf sustained.

Frederick County to Wit:

                                                The aforesaid James CARTER this day appeared before the subscriber a Justice of the Peace for the said County and made oath that the aforesaid answer contains the truth. Given under my hand the 3rd day of April 1826.

                                                                                                                Jolin BELL

 

                The answer of Sarah Elizabeth BROWN and Charles BROWN two of the children and heirs of Thomas BROWN Jun’r deceased by Lydia BROWN their guardian specially appointed by the Superior Court of Chancery holden at Winchester in a suit therein defending wherein Joel BROWN is plaintiff and the said Sarah, Elizabeth, Charles and others are defendants. These respondents with the usual reservations and _____ (?) ______(?) answer to the said bill or to as much thereof as they are advised is

 

Page 09:

Material and necessary to answer ___(?) by their said guardian answer and my _____(?) ____(?) infants of tender years and hereby place their rights in and to the property in the bill mentioned under the protection of the Court relying that such a decision will be had in relation that is to be agreeable to equinity and good consciences without that that etc and pray to his honour decision with their bests (?) in their behalf expanded.

Frederick County to wit.

                                The aforesaid Lydia BROWN being one of the people called Quakers this day made Solemn affirmation before the subscriber a Justice of the Peace for the said County that the aforesaid Answer contains the truth. Given under my hand the 3rd day of April 1826.

                                                                                                Jolin BELL

 

1826 April term:     The cause being set for hearing by consent came on to the hand this 18th day of April 1826 upon the bill and answer of the Defendants and was approved by Counsel. On consideration whereof it is adjudged and ordered and decreed that Joseph HACKNEY, Henry ___VERS (?), John CLEVINGER, Isaac PIDGEON and Joseph PANOLE who are hereby appointed Commissioners for that person or any three of them as divide and buy off the tracts of Land and other real property in the bill _______(?)

whereof Thomas BROWN died seized in fee as therein stated into six equal shares and proportions, one of which shares they are to allot to the defendants  the children of Thomas BROWN Jun’r dec’d and the remaining five shares to the other Defendants respectively and to the plaintiff ---- Also that the said Commissioner or any three of them do divide and lay off the tract of Land also in the bill mentioned whereof Caleb BROWN died ____(?) in fee and in like manner allot the shares thereof to the plaintiff and the defendants and that the said Commissioners shall make report of their proceeding in order to a final degree.

 

Pursuant to a decree of the Superior Court of Chaucery hold in Winchester p______(?)

(blank) term 1826 and in obedience thereto we want on the lands of Thomas BROWN dec’d as also on that of Caleb BROWN dec’d ---- Figure 1st      represents the tract of land whereon Thomas BROWN lived at the time of his death which was divided into three shares as follows wit:      Beginning at a stake in a field and funning So42 E179 poles to a pine tree thence N.So 40 poles to a white oak in TAYLOR’s line thence No63 W75 poles to a stake near a white oak thence So37 W9 poles (this could be 19 ?) to the sulphur spring road thence up said road No46 ½ W78 ¾ poles to a stake thence No28 E99.5 poles to the Beginning Containing Seventy eight acres which was assigned to Joel BROWN together with lot No. 6 in figure 4th (see the description of figure the 4th  

 No. 2.     Beginning at a stake or stone in the Charles Town road and running with a line of lot No. 1 N28 E99.5 poles to the Beginning  corner of lot No. 1 thence So42 E10 ¾ poles to a stake near an Apple tree said to be Hiram TAYLORS corner to the original tract thence running in a line of the same No42 E40 poles to the corner of a fence another corner of the entire tract thence running the first line of the Land of A. TAYLOR and wife to Thomas BROWN No42 W71 poles to a stake or stones in said line thence crossing the Land So41 W7 poles (could be 70 poles) to a stake near a fence thence So64 E11 poles to a stake near two locust trees _____(?) crossing this the orchard ______(?) W29 poles to a stake near a orchard _____(?) _____(?) _____(?)

 

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12 poles passing through the south of the barn floor to a stake in the barn yard thence S17 W2 poles to another stake in the barn yard thence N78 W15 poles passing thus between the corn house and stable to a stake in the north side of the mansion house in the yard thence So10 ½ 10 E21 poles passing thus the mansion house immediately where the two ____(?) joins on a stake in the Winchester road thence down the same So46 E71 poles to the Beginning.      Wood lot for No. 2.    Beginning at E a black oak corner to the tract in the Sulphur spring road and running with said road No16 ½ W77 poles to a stake in the road corner to lot No. 1 thence reversing a line of the same No37 E19 poles to a stake another corner to the Same thence reversing another line S63 E75 poles to a white oak thence N44 poles to the Beginning the two last lots together containing Sixty acres which we assign to Mary BROWN.     No. 3.  Beginning at a stake in the Winchester road corner to No. 2 and running up the Road with a line of the original tract No46 ½ W99.8 poles to two ash saplings in LITTLER’s line thence with his line No41 E100 poles to a white oak corner to LITTLER’s heirs thence with another of his lines So43 E60 poles to two servile (?) white oaks thence No44 E17 poles to two sugar persimmons thence So43 E28 poles to a stake corner to lot No. 2 thence with the several lines of No. 2 to the Beginning Containing Sixty two acres which we assign to Sarah HOLLINGWORTH now Sarah PIDGEON.

Fig. 2.  belonging to the estate of Caleb BROWN ---- Beginning at a white oak and running at No30 W60 poles to two white oaks on the side of a hill thence So60 W118 poles to a poplar in Joel WARD’s line thence with the Same So61 W59 poles to a Stone in the Great Road leading from Charles Town to Pugh Town, thence down said road So47 ½ E102 poles to a stone in the above mentioned road and in a line of Moses COATS 6 heirs and corner to William THOMAS, thence with COAT’s line N37 ½ E to the Beginning ---- This tract was not surveyed by us but platted from two Deeds one from Isaac NEVETT and wife and one from Solomon HOLLINGSWORTH and wife one bearing date the first day of August 1814 the other the 22nd day of March 1817 reference thereunto being had all of which we assign to David BROWN as his full share of the said estate of his dead father and brother and brother Caleb except No. 4 of figure 5th.

Figure 3rd.  represents a tract of Land on Isaac’s Creek whereon William BROWN now lives and is bounded as follows Viz:    Beginning at A a white oak stump and running No25 W82 poles thence So8 W148 poles to four small white oaks thence S52 W8 poles to two black oaks and a hickory saplings near a branch thence No72 E10 poles to a which oak stump thence So1 ¾ E to a large dead pine on a hill near a deep out or hollow is descended in CASTLEMAN’s plats thence So63 E152 poles to a pine stump standing on a large pond, thence crossing the south fork of Isaac’s Creek ____(inked over) E62 poles to a Spanish oak and white oaks on a hill, thence S63 ½ E180 poles to a dead pine thence No88 ½ E36 poles to a spanish oak  and hicory on the North side of Isaac’s Creek thence No40 (?) E48 (?) poles to a stone in PARKIN’s line thence with this line reversed No59 W70 poles to  ____(?) pine on the South west (?) side of a hill thence No21 W308 poles to a stooping (?) white

 

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Oak finally So89 W211 poles to the Beginning Containing 659 ½ acres ---- Not of the ___(?) ___(?) assign to William BROWN beginning at A and following the Several lines of the entire tract to the spanish oak and white oak thence crossing the land No36 E50 pole to a stake on an fork in the North fork of Isaac’s Creek thence So83 ¾ E144 poles to a hickory and three small white oaks striking the line M N 31 poles from M the residue of the Isaac’s Creek Land No. 2 eighty acres was assign to the heirs of Thomas BROWN Jun’r deceased together with a house and lott in Winchester on Loudoun Street it being the same house and lott that the late Thomas BROWN purchased of Daniel MILLER references to the Deed being Lost (see figure 4th)

Figure 5th.    Represents the COVE tract as Platted from or deed from James WOOD Lieutenant Governor of Virginia to Thomas BROWN said assignee of John CORDELL (CORDALL) and bounded as follows  Beginning at a large white oak corner to Richard TAYLORS survey and in a line of Thomas MARPLES land and extending thence with TAYLORS lines So1 ½ E92 poles to his corner pine thence So65 E68 poles to a young white oak in his line near the top of a hill thence leaving TAYLOR So2_(?) W54 poles to 2 chesnut oaks on a spur of the mountain thence So32 ½ E46 poles to a chestnut tree black oak and white oak at the foot of the main North Mountain thence along the same So85 W158 poles to a surall chestnut oak thence So41 ½ W296 poles to two chestnut oaks near the top of a hill thence No26 W140 poles crossing the Cove to a large chesnut and two chesnut oaks on the top of ROBERT’s ridge a corner to the land of James KYLE thence with his line No8 ¾ E16 poles on the east side of the said Ridge No30 ¼ E102 poles to a small chesnut thence No28 ¼ E273 poles to a young chesnut oak said KYLES corner in the said line of said MARPLE thence with MARPLES lines So33 E58 poles to two black oaks corner to MARPLE near the Eastern foot of  said ridge and with MARPLE to the Beginning Containing five hundred and Ninety four acres reference to the deed being had will more fully appear.          We then divided the land in the above platt without making a survey on it as follow/Viz     Beginning at the first corner of the entire tract and running So65 W85 poles to two black oaks MARPLES corner thence N33 W58 poles thence So30 ¼  W88 ½ poles thence So45 E100 poles thence No38 ½ E86 poles thence So1 ½ E92 poles to the Beginning Containing ninety acres which we assign to WILLIAM BROWN ---- No. 2.     Beginning at the fourth corner of No. 1 and running So28 ¼ W135 poles thence So48 E110 poles, thence No45  E135 poles thence No45 W132 pole to the Beginning Containing ninety nine which we assign to Sarah HOLLINGSWORTH now Sarah PIDGEON.    No. 3.   Beginning at the second corner of  No. 2 and running So26 ¼ W152 poles thence S120 E20 poles thence So8 ¾ W46 poles thence So45 W55 poles to a corner lott No. 6 thence No45 E161 poles thence No45 W78 poles to the beginning containing ninety nine acres which was assign to Thomas BROWN Junior’s heirs ---- No 4.     Beginning at a pine second corner to the entire tract and running So65 E68 poles to a white oak in TAYLOR’s line near the top of a hill thence So212 E54 poles to two chesnut oaks in the spur of the mountain thence So32 E46 poles to a chesnut tree black oak and white oak thence So45 W100 poles thence running across the land No45 W100 poles to a line of lot No. 2 thence No38 ½ E148 poles to the Beginning Containing Ninety nine acres which were assign to David BROWN ---- No. 5     Beginning at the 5th corner of No. 4 and running with the S>E> line of the entire tract So65 W150 poles thence crossing the land __(?)65 W100 poles to ____(?) ___(?)____(?) ___(?) E155 pole thence S45 E110 poles to the Beginning Containing

 

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Ninety nine acres which was assign to Mary BROWN.   No 6.    Beginning at the second corner to lott No. 5 and running So45 W194 poles to two chestnut oaks near the top of a hill corner to the entire tract thence No26 W85 poles at corner of lott No. 3 thence No38 ½ E160 poles thence S45 E100 poles to the Beginning Containing ninety nine acres which we assign to Joel BROWN.

 

BROWN

v

 BROWN                 To the honourable Curt of Chancery for Frederick County ---- By virtue of a decree of the said Court we the subscribers in Obedience thereto we went on the lands in the decree mentioned, Joseph HAKNEY on of our body acting as surveyor figure the first was actually surveyed and part of fig 3rd the was platted from the different deeds by said HACKNEY and after due deliberation we have assigned to the different legatees as follows Viz.     To Joel BROWN No. 1 of figure 1st containing 78 acres together with No. 6 of figure 5th ---- To Mary BROWN No. 2 of fig 1stincluding half the mansion house Barn & with a Wood lot as described above together with lot No. 5 in figure 5th ----To Sarah HOLLINGSWORTH now Sarah PIDGEON No. 3 with the other half of the Mansion house Barn & as above described together with No. 2 in figure 5th.     Figure 2nd we assign to David BROWN with all the improvements thereon together with No. of fig. 5. ---- To William BROWN No. 6 (1)? Of figure 3rd including his house saw Mill etc together with No 1 of fig 5. ----  To Tho’s BROWN Junior’s heirs No. 2 of fig 3rd including a small house near the forks of Isaac’s Creek together with a house and lot in Winchester represented as fig 4th as alas No. 3 of fig. 5.  A more minute description may be had by referring to the above report of the surveyor ---- All of which we most respectfully submit. Given under our hands this 19th day of Sept. 1826.

 

Commissioners fees                                                  Jas. HACKNEY }Commissioners in  

Joseph HACKNEY $40.                                        Henry SEAVERS} the decree named

            Jos. HACKNEY                                       Joseph PERRILL}

                                                                        John CLEVENIGER}

(Transcriber’s note: The bottom of page 12 and part of page 13 have the labeled plot drawings as described in the document, as well as a drawing of the Thomas BROWN’s Winchester house on Loudoun Street.)

 

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1826 November term:    This cause came ours to be heard the 7th day of December 1826 upon the bill answer and report of Joseph HACKEY, Henry SEEVER, Joseph PARRILL and John CLEVENIGER Commissioners appointed by the former Decrial order of  this Court to divide the Lands in the bill mentioned among the heirs of Thomas BROWN Sen’r dec’d heird of Caleb BROWN dec’d. ---- In consideration whereof the Court doth by consent of the parties adjudge order and decree and the same is hereby adjudged Ordered and decreed that the said report of the Commissioners returned in the cause be ___(?) and the same is hereby approved and confirmed and that the said plaintiff and Defendants shall be seized in fee of the tracts of land severally allotted to them by said report that ___(?).

 

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Say, the said plaintiffs and the defendants William BROWN, David BROWN, Mary BROWN and Sarah HOLLINGSWORTH shall severally and respectively be seized and possession in for of the lands and real estate allotted to them by said report being to each one Sixth part of the lands and real estate in the bill mentioned and the Defendants Mary Louisa BROWN, Rachel Ann BROWN, Sarah Elizabeth BROWN and Charles BROWN children and heirs of Thomas BROWN jun’r deceased shall be seized and possessed in fee of the lands and real estate to them allotted by said report, being also and with part of the lands and real estate in the bill mentioned, and that the plaintiffs and Defendants shall be respectively quieted in the possession of the lands allotted to them aforesaid. And the Court doth finally adjudge order and decree that the said plaintiff shall pay one sixth part of the Costs of this suit, the said Defendants William BROWN, David BROWN, Mary BROWN, and Sarah HOLLINGSWORTH each one sixth part of said Costs, and the remaining sixth part shall be paid by the said Children and heirs of Thomas BROWN jun’r dec’d.

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