Wilson v Hoge - Chancery

Submitted by
Charolette "Chocy" Brown
Chocybrown@aol.com

 

Frederick County, Virginia/Clerk of the Circuit Court

Chancery Court Ended Chancery Causes

1745-1898, Undated and Miscellaneous

Chancery Papers; 1806-08

Wilson v. Hoge

1.

                To the Court of Frederick County now telling (?) in Chancery the Bill of Complaint of WILLIAM WILSON respectfully showth.

                That on the fourth day of October in the year our Lord one thousand seven hundred & fifty nine a certain JAMES HOGE who then resided within the said County of Frederick being indebted to a certain JAMES WILSON then resident in Fairfax County within this Commonwealth (the Colony & dominion of Virginia) in the sum of seventy two pounds three shillings & seven pence as herein after more fully stated did for securing payment thereof at the periods therein after mentioned with interest thereon from the tenth day of August preceding the date a foursaid by Indenture of Bargain Hole between the said JAMES HOGE of the one part & the said JAMES WILSON of the other part grant bargain & sell unto the said JAMES WILSON all that misused Tenement lott & parcel of land (with the lott in the Common there unto belonging) situate lying & being in the Town of Winchester in the said County of Frederick numbered in the Platt & Survey of the said Town made by JOHN BAYLIS 44 which said lott was then in the Tenure & occupation of a certain DAVID RUSE and also

 2.

Administrator of the said JAMES HOGE (where names are to your Orator unknown) who your Oratory prays maybe made Defendants to this Bill combining & considerations with others to your Orator unknown who when uncovered your Orator prays may also be made Defendants hereto give and in specks that the money aforesaid together with all interest due thereon was paid & satisfied by the said JAMES HOGE previous to his decease either to the a foresaid JOHN & JAMES WILSON & Sons before the assignment & conveyance a foresaid to your Orator or to your Orator subsequent to said assignment all which actings and doings of the said Defendants are contrary to Equity & good conscience & manifestly ___(?) to the prejudice and injury of your Orator In lender consideration whereof and forasmuch as your Orator is remediless in the premises by the sheit niles of the Common Law and only reliable by the interference of a Court of Chancery To the end therefore that the Defendants may upon their Corporal Oaths full true & perfect answer make to the premise as of the same were here again repeated and interrogated that the Heirs or Legal Executors or Administrators of the said JAMES HOGE (or some of them) may be Decreed to pay unto your Orator the sum of money aforesaid together with the interest in arrear & due thereon by a short day to be

3.

for and in consideration of the sum of L100 Sterling money to them advanced & paid by your Orator sold assigned conveyed & disposed unto your Orator his heirs & assigns the aforementioned Indenture and all their right Title & interest in & to the Misusage Tenement Lotts & parcels of land therein mentioned with the appurtenances or by reference to the said instrument of writing which by a memorandum in using thereupon and attested Subscribed by WILLIAM SMITH, Esquire Mayor of the said Town of Kilmarnock who caused the Publick Seal of the said Town to be thereunto affixed was by the said JOHN & JAMES WIILSON & Sons signed sealed & delivered to your Orator or their own cut and Deed) which is hereunto annexed as a part of this Bill for is also the memorandum thereupon made aforesaid will appear your Orator further He wish that no part of the aforesaid sum of Seventy two pounds three shillings & seven pence or any part of the interest due & in arrears thereon hath been paid to the said JOHN & JAMES WILSON & Sons or to your Orator or to any other Person by the said JAMES HOGE in his life time or by the Heirs Ex’or or Administers of the said JAMES HOGE since the decease of the said JAMES (an event that took place some time in the month of ______- in the year one thousand seven hundred and ________) but that the same together with the interest thereupon is now further due & givings unto your Orator. But you so it is may it please your Worship the Heirs or Legal Executors or commissions at the

4.

The reversion & reversions remainder & remainders rents and services of all & singular the said Misusage Tenement lott and parcel of land (together with the a foresaid Lott in the Common distinguished by the Number 73 thereunto belonging) with them & every of their appurtenances unto the said JAMES WILSON his Executor Admin. and assigns for and during the Term of five hundred years next and immediately enduring & following the date of the said Indenture fully to be completed and ended, the said JAMES yielding and paying therefore yearly and every year during the said Term one ear of Indian Corn in and upon the feast of St. Michael the Archangel if demanded. With a certain Proviso or Condition in the said Indenture contained that if the said JAMES HOGE his heirs and assigns did & hand will & haply pay or cause to be paid unto the said JAMES his Executor Admin. or Assigns the full & just sum of Seventy two pounds three shillings & seven pence Current money of Virginia with legal interest thereon to be amounted from the tenth day of August last preceding the date of the said Indenture on or before the tenth day of January next ensures the date thereof about any deduction or abatement for taxes assignments or any other impositions whatsoever either ordinary or extra ordinary that then and from thence forth the said Indenture and everything therein contained should cease determined (?) & be void any thing therein contained to the contrary not withstanding as in and by the said Indenture which was duly recorded in the Court of the said County of Frederick on the 6th day of May 1760 a copy whereof is annexed as a part of this Bill will appear your Orator further showeth that the said JAMES one of the Sons of JAMES WILSON of the Town of Kilmarnock in Britain and one of the Partners of the house of  Tohut/Lohut/Sohut/To hut/Lo hut/So hut (??) JAMES WILSON & Sons hading/lading under that from in the Town aforesaid & elsewhere and at that time have or living the business of the said house to whom the debt in the said Indenture belonged and for whom benefit is for securing payment here of the Indenture was en____ and that the said JOHN & JAMES WILSON & Sons by a certain Instrument of writing commonly called a Deed Poll bearing date the thirtieth Day of July in the year 1789

5.

Appointed by your Worship and in default thereof that the said Heirs or legal Representatives & Executors or Administrators and all previous claiming under them or any of them may be fore lord from all Equity of Reaeny/Ready (?) on in & to the said premises (for and including (?) the Term & Time in the Indenture a foresaid specified) and that your Orator may have all such further and ____(?) relief in the premises as to your Worships many seem Equitable & Right.

                                                                                                               May it please ____(?)

 

6.

For answering said Bill of said WILLIAM WILLSON and shewing cause against sad Decree there the above above (sic)obligation Void otherwise to remain in full force and Virtue.

                                                                                                                Wm. WILSON     (Seal)

                                                                                                                 Wm. HILL           (Seal)

Sealed and delivered

In the presence of------

JESSES SIMMS; ANTHONY MOORE}Witness to WILSON’S signature.

THO’S ROBINSON; ANTHONY MOORE} Witnesses to Hill’s signature.

7.

 Know all men by these Presents that we WILLIAM WILLSON of Alexandria & Wm. HILL of Frederick Cty in the State of Virginia are held and firmly bound unto the Heirs or legal representatives of JAMES HOGE deceased and also the Executors or administrators of the said JAMES HOGE dec’d in the sum of one thousand Dollars current money of the United States of America to be paid to said representatives executors or administrators for which payment we bind ourselves and our Heirs firmly by these presents sealed with our seals and dated this 14th day of June in the year of our Lord 1806.

                Whereas the court of Frederick County on the 8th day of March  ___(?) a suit therein depending in Chancery between said WILLIAM WILSON plft and the Heirs of legal representatives of JAMES HOGE dec’d and also the Executor or administrators of the said JAMES HOGE Defendants did decree that unless the Defts or some or one of them do pay to the Ptft., the sum of money therein mentioned with Interest and the costs of that suit on or before the 2nd day of June next ensuing the day of rendering said Decree the said Defendants and their heirs be from there forth bound and fore closer of their Equity of Redemption in the Lot No. 44 in Winchester and 73 in the commons thereof the premises in the bill in said suit mentioned that certain persons do sell the same in the way there pointed out and that said WILLIAM WILLSON Plft. Do give security in the sum of one thousand Dollars conditioned for complying with such order as the said Court shall make for restoring the money on the Defts or any of them appearing within the time allowed by law to abound defendants answering the plfts. Bill and shewing cause against the said Decree as in and by said Decree now of record in said Court may appear.

                Now the condition of the above obligation is that if the said WILLIAM WILLSON as comply with such order as the said Court of Frederick County shall make for restoring the money (produced by said Sale) on the said obliges or any of them appearing within the time allowed by law to abrupt Defts.

8.

Corporation of Winchester To wit

                ROBERT WHITE Sen’r being solemnly sworn before you a Magistrate of the Corporation aforesaid Deposeth & Saith that he was well acquainted with JAMES HOGE who formerly owned the house & Lott adjoining Col McGILE to the North No. that upwards of forty years ago he removed from the County as near said to Carolina & he has never heard nor does he believe that he has since been an inhabitant of this County or State, nor does he know that any of his Heirs have since been inhabitants of this State. Given under my Hand this 21st day of May 1805.

                                                                                                                ROB’T WHITE

H. BEATTY

9.

WILLIAM WILSON Compe’

The Heirs or legal representatives

of JAMES HOGE deceased & also the Exe-                     }In Chancery

cutors or Adminstrators of the said

 JAMES HOGE Defendants.

                The orders for publication made in this cause having been complied with and the Defendants still failure to appear & answer the Complainants Bill the Court doth this 8th day of March in the year of our Lord 1806 Degree & order that the Bill of the Plft be taken for confessed and the Indenture together with the other exhibits in the Bill mentioned evidencing the Plfs claim being seen & impacted it is further ordered & Desired by the Court that unless the Defendants or some of them pay to the Plf the sum of L72.3.7 current money of Virginia with interest thereon to be compiled at the rate of five per Centum per Annum from the 10th day of August in the year 1759 until payments & the costs of this Suit on or before the second day of June next that the Defendants and all persons claiming under them or any of them be from thence barred & foreclosed of them Equally of Preemption unto the Missuage Tenement lotts &

10.

& premises in the Bill mentioned for and during the Term & time therein mentioned with their appurtenances and that OBED WAITE (,) ARCHIBALD MAGILL (,) and HENRY BEATTY or any two of them commissioners appointed for that purpose do sell the said premises for and during the said Term & Time at public auction to the highest bidder for ready money (previous by advertiseing (sic) such sale in some newspaper printed in the Town of Winchester for three weeks) & out of the proceeds of that sale first pay & satisfy this Degree & the costs of carrying rents effect and the balance if any pay to the Defendants & convey the premises pursuant to said sale to the purchases and report them proceedings to this court. Saving to the Defts the benefit of the Act of Assembly expecting absent Defd’ts. And re--- further Decreed & ordered that the Plf do give bond & security in the sum of $1000 conditioned for complying with suit order or the court shall make for restoring the money on the Def’t on order of the app--- within the time all-

11.

Conveyance

JOHN & JAMES WILSONS

& Sons

To

WILLIAM WILSON

1783

12 & 13.

Be it known to all men by these presents That We JOHN & JAMES WILSONS & Sons of the Town of Kilmarnock North Britain lawful proprietors of the lot of ground & others underwritten For & in Consideration of the sum of one hundred pounds sterling money advanced and paid to us by WILLIAM WILSON of the City of Glasgow Merchant now about to sail for the state of Virginia North America as the greed price & adequate Value of the said lot of ground and house built thereon of which We grant the receipt renouncing all exceptions in the Contrary have sold & Despond Likens We hereby sell assign make over Convey & Despond To and in special favour of WILLIAM WILSON aforesaid & to his heirs & assigns whatsoever all & whole That lot of ground & house or houses built thereon belonging to us Lying in the Town of Winchester Frederic County in the state of Virginia aforesaid Together with the whole privileges and pertinent whatsoever appertaining to the said lot of ground & house or houses built thereon forever and We hereby assign the said WILLIAM WILSON and his aforesaids on & to the whole rents & Causalities presently due from the said lot of ground & that shale become due there from in time coming and also in and to the whole __its(?) & title deeds of the premises and We hereby authorize & empower the said WILLIAM WILSON and his aforesaid to enter to the possession of the whole premises above Conveyed and to sell & Dispose of the same at pleasure And to grant Dispositions and other legal deeds or conveyances thereof according to the laws of the said state of Virginia in favour of such person or persons as he shale think fit which Deeds shall be as good and sufficient as if granted by us And in general with power to do every other act & Deed in relation to the premises That we could have done ourselves if upon the spot or before granting these presents And We oblige us and our heirs to guarantee this Conveyance of the premises at all hands and Lastly We Consent that the same be recorded in the county Books or other proper records of the County of Frederic aforesaid agreeable to the laws of the said state of Virginia & In Testimony whereof We have hereunto set our hands & seal at Kilmarnock aforesaid the thirtieth day of July in the Year of our Lord one thousand seven hundred and eighty three And of the reign of our sovereign Lord King George the third by the Grace of God King of Great Britain France & Ireland Defender of the Faith the Twenty third year

                                                                                                                JOHN & JA’S WILSONS & Son’s

Signed sealed & Delivered being first duly stamps In presence of }

JAMES BRUCE

THO’S ROSS

14.

By WILLIAM SMITH Esquire First Magistrate of Kilmarnock & one of his Majestics Justices of Peace for the shire of ayr

                That the within Designed JOHN & JAMES WILSONS & Sons Did this day In my presences sign & seal the before written Conveyance and Deliver the same as their own proper Fact & Deed is attested by me at Kilmarnock aforesaid this thirtieth day of July one thousand seven hundred and eighty three. And In Testimony whereof I have ordered the public seal of the Town of Kilmarnock to be hereunto appended

                                                                                                                WILLIAM SMITH Jr

15.

Mem’o of Sale of Mr. HILL’S House etc

16.

AUGT 9TH Sold for $800 present ROB’T MACKY(,) JOHN SMITH(,) EDW’D SMITH Esq’r(,) D LEE Esq’r(,) EDW’D SLATER(,) Col’o CHAS MAGILL-C. KREMER CRYER for $2-WM HILL purchaser.

17.

 C. KREMER’S

Rent for $2.

For laying Sale of Lots. ____(?)

WILLIAM HOGE’S

Heirs

18.

Rec’d of O. WAITE(,) H BEATTY & A MASSE Com’r under a Decree of Fred’r County Court ___(?) the sent WILLSON v HOGES Heirs the sum of 1L (?) for crying Sale of the property therein mentioned on this day at the Court House of said County 9th August 1806

                                                                                                                CONRAD KREAMER

 19.

The Commonwealth of Virginia to the Sheriff of Frederick County. You are hereby commanded Greeting as at another corner (?) you have been commanded to Summon the heirs or legal representatives of JAMES HOGE dec’d to appear before the Justices of said County Court at the Court House thereof, on the morning before the fourteenth (?) day in June next, to answer a bill in Chancery exhibited against them by WILLIM WILLSON & this they shall in _____(?) _____(?) under the penalty of L100. and have then there this writ. Witness. JAMER RULL (?) Clerk of the said County Court, at the Court House aforesaid, the 18 day of April 1805 and in the ___(?) year of the Commonwealth

                                                                                                                                JA’S KEITH

 

20.

WILSON v HOGE’S Heirs &}

Of Com’m Appointed to Sell the Mortgaged Subject etc-

 

21.

Frederick County& etc

WILLIAM WILSON--------------------------------Complainant}

Against

The Heir or legal representatives

Of  JAMES HOGE deceased & also the}                                       In Chancery

Executors, or Administrators of

The said JAMES HOGE deceased, Defendants

 

Pursuant to a Decree of Frederick County Court pronounced the eighth day of March in the present year 1806 in the suit above described. We the undersigned Commissioners, named in the said Decree having previously advertised a sale of the premises in the Decree mentioned, for three weeks in the Winchester Centinel to take place on the 9th day of August 1806 at the Court House of the said County, did on the said 9th day of August 1806, at the Court House of said County sell the said premises at public auction to the highest bidder for ready Money (to wit Lot No. 44 on the Eastward side of Cameron Street in Winchester, and Lot No. 73 in the Commons of said Town) when the Rev’d WILLIAM HILL was the highest bidder & purchased for the sum of Eight hundred Dollars the amount of the Decree, sale, Expenses of sale & are as follows:

Debt-------------------------------472:3;7   Equal to   $240.60

Interest for 47 years                                                                                                  656.41

Costs of Suits                                                                                                               11.27

                                                                                                                                $817.28

Amount of Sale                                                        $800

Deduct Commission 5_(?) 6.#}                                    40

to be paid by the plf’s

paid Cryer                                                                                       2

writing Deed                                                                                    4

                                                                                                     46

Nett proceeds of the Sale                                         $754.-                                                      754.-

Balance of Decree remaining unpaid                                                                                         $ 63.26

 

We do further Report that the said WILLIAM HILL produced to us satisfactory evidence and proof that he is entitled to the reserve (?) amount of the money arising by the Sale of the said property he having a Deed from the plf conveying all his Interest in the Mortgage subject contained in the said plaintiffs Bill. We therefore conveyed the premises to the said WILLIAM HILL without receiving any money—

All which is respectfully reported and submitted-

                                                                                                                Sept’r 3rd 1806

                                                                                                                OBED WAITE

                                                                                                                A MAGILL

                                                                                                                H BEATTY} Comm’rs

 22.

This Indenture made the fourth day of October in the year of our Lord God one thousand seven hundred and fifty nine and in the thirty third year of the reign of one of our Sovereign Lord George the second by the Grace of God of Great Britain for so forth Between JAMES HOGE of the County of Frederick in the Colony of Virginia of the one part and JAMES WILSON of the County of Fairfax in the Colony and dominion aforesaid Merchant of the other part witnesseth that the said JAMES HOGE for and in consideration of the sum of one hundred and fifty pounds current money of Virginia to him in hand paid by the said JAMES WILSON the receipt whereof the said JAMES HOGE doth hereby confess and acknowledge he the said JAMES HOGE hath granted bargained and sold and by these present do grant bargain and sell unto the said JAMES WILSON all that Missuage tenement lott and parcel of land (with the lott in the Common thereunto belonging) (situate lying and being in the town of Winchester in the County of Frederick & being numbered in the Platt and survey of the said town made by JOHN BAYLIS now in the tenure and occupation of DAVID REESE and also the revision and revisions remainder and remainders sents and services of all and singular the said Missuage tenement lott and parcel of land together with the lott in the common hereto belonging) with their and every of the said appurtenances these unto belonging unto the said JAMES WILSON his heirs and assigns for and during

23.

the term of five hundred years next and immediately ensuing and following fully to be completed and ended yielding and paying therefore yearly and every year during the said term of one ear of Indian corn in and upon the feast of St. Michael the Archangel if demanded Provided always and upon condition that if the said JAMES HOGE his heirs and assigns do and shall well and truly pay or cause to be paid unto the said JAMES WILSON his Extor’s adm’ts or assigns the full and just sum of Seventy two pounds three shillings and seven pence current money of Virginia with legal Interest thereon to be accounted from the tenth day of August last past on or before the tenth day of January next ensuing the date hereof without any deduction or abatement for taxes assignments or any other Impositions whatsoever either Ordinary or extraordinary that then and from thence forth  these presents and every thing herein contained shall cease determine and to and any the thing herein contained to the contrary not with this standing (?) and the said JAMES HOGE for himself his heirs and assigns doth convent promise and grant to with the said JAMES WILSON his heirs and assigns that he the said JAMES HOGE his heirs and assigns shall and with will and truly Pay or cause to be paid unto the said JAMES WILSON HIS Ex’tors admin’r or assigns the said full sum of seventy two pounds three shillings and seven pence Current money of Virginia with legal Interest there upon to be accounted from the said tenth day of August last past without any deduction as aforesaid according to the true interest ________(?) of the presents and also that he _(?) said JAMES WILL his Exor’s adm’es and assigns shall and may at all time after default shall be made in Performance of the proviso or condition herein

24.

Expresses and contained Peaceably and Quietly enter into have hold occupy possess and enjoy all and singular that said Misusage tenement lott and parcel of land (and lott in the Common there unto belonging) above mentioned and every part and parcel thereof with the appurtenances there unto belonging for and during the residue and remainder of the said term of five hundred years here by granted which shall be then to com and unexpired without the let Trouble Hindrance Molestation interruption and denial of him the said JAMES HOGE his heirs and assigns and of all and every other person and person whatsoever and further that he the said JAMES HOGE and his heirs and all and every other person and persons and his and their heirs anything having and blaming in the said premises above mentioned or any part thereof shall and will at anytime or times after default shall be made in performance of the proviso or condition herein contained make do and Execute or cause to be made done & executed all and every such further and other lawful and reasonable grants acts and assurances in the law~ whatsoever for the further better and more Perfect granting and assuring of all and singular the premises above mentioned with the appurtenances unto the said JAMES WILSON to hold to him the JAMES WILSON his ex’ors adm’rs and assigns for and during all the rest and residue of the said term of five hundred years above granted which shall be then to come and _____ as by the said JAMES WILSON his Ex’ors adm’s or assigns or his or their council learned in the law shall be  ___ably devised or advised and required and lastly it is

25.

Covenanted granted concluded and greed upon by and between the parties to these presents and the true meaning hereof also is and it is hereby so declared that until default shall be made in the Proviso or condition herein contained he the said JAMES HOGE his heirs and assigns shall & many hold and enjoy all and singular the said premises above mentioned and receive and take the sents Issues and Profits thereof to his and their own proper use and benefit any thing herein contained to the contrary Not withstanding In Witness whereof the said JAMES HOGE hath hereunto set his hand & affixed his seal the day month and year first above written.

 Memorandum that the words (Tenure and occupation of DAVID REESE) were Interlined before signing and delivering Likewise the words/last past in the 22nd line.

                                                                                                                                JAMES HOGE (Seal)

Sealed & delivered

In presence of

GEORGE JACOB TRAUTWIN

JN’O HITE

JOHN HARISON

HUGH WEST

 

Received from JAMES WILSON the sum of one hundred ____________(page worn away on this edge)

Pounds current money of Virginia being the consideration ___________(page worn away on this edge)

Intentioned in the within deed Witness my hand this __________(page worn away on this edge)

Day of October anno Domimi 1759

____ GEORGE JACOB TROUTWEEN

JN’O HITE, JOHN HARROW, HUGH WEST}

 

At a court held for Frederick County on the seventeenth day of May 1760. This Deed of Mortgage was proved by __________(page worn away on this edge)

Oaths of the witnesses thereto and ordered to be recorded ________(page worn away).

                                                                                                                                Tester

                                                                                                                                A copy Teste

                                                                                                                                JA’S KEITH CC

 

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