My Land For a Horse
In 1774 James Taylor, son of James, sold 66 acres of land to Jacob Taylor "For and in consideration of one young horse" (Whitelaw, p. 1321) and went to Carolina. Sometime before 1786, he returned to find the horse had died and he sued for the return of his land. Below is the land cause tha tells the tale.

Spelling remains the same.


James Taylor
against
Jacob Taylor

Pleas at the Courthouse of Accomack county before the worshipful William Selby and his associates Justices of the Commonwealth to keep the peace assigned on Wednesday the first day of February in the year of our Lord 1786 in the tenth year
Jacob Taylor of the Commonwealth

Be it remembered that heretofore to wit on Tuesday the xxv day of January in the year of our Lord one thousand seventeen hundred and Eighty came James Taylor by Jabez Pitt his attorney and brought into the court of the said County before the said Justices his certain bill in Chancery against Jacob Taylor which bill follows in these words to wit

Accomack &c To the worshipful Justices of the County aforesaid in Chancery humbly complaining James Taylor showeth unto your worships That he the said James Taylor being seized & possessed of an Estate in Land containing Seventy five acres with considerable improvements thereon as well as a personal Estate of the value of one hundred & sixty pounds as may appear by a Schedule hereto annexed by means of which said possessions your Orator was enabled to maintain a Comfortable manner a wife and a number of Small Children of which a certain Jacob respondent to this bill was well acquainted and the said Respondent being an artful person and knowing that the said James your Orator to be a man easily influenced by him the said Jacob who was brother to your Orator and also him being desirous fraudulently to deprive your said Orator of his Lands & other possessions and reduce his wife and Children to want and wretchedness the said Jacob undertook to persuade and impress the said James your Orator with a belief that his wife was not true to her marriage vows but that she was unchaste and was guilty of the crime of adultery by means of which false tales and the artful persuasions and importunity the said Jacob He the said complainant was Induced to make a deed of all his the said Complainants land and other Estate to the said respondent of which said deed a copy is hereto annexed and your Orator charges that at the time of the pretended conveyance your Orators mind was so disordered by the misspresentations of the said Jacob his brother his persuasions & importunity that you said Orator did not clearly comprehend what kind of deed he had executed and your said Orator further expressly charges that the that the said Jacob the respondent promised your Orator that he would redeliver the said Lands and other Estate should your Orator request him thereto as also maintain your Orators children till the time or so long as he as he the said Jacob should retain the said lands and personal Estate and altho the said Jacob respondent to this bill hath been publickly requested to restore the possession of the said Land and other estate to your Orator as contained in the said deed as also hath totally refused and neglected to support your said Orators Children But now so ti is may is please your worships that the said Jacob intending to injure and ruin your Orator hath fraudulently set up the said up the said deed and hath altogether refused to restore the said Land and other Estate by a conveyance or otherwise or in any sort comply with his engagement to your Orator which you Orator Expects to prove In Tender consideration whereof & forasmuch as your Orator is proper before your worships in Chancery where all fraud & unfair dealings are properly discoverable and relief afforded and to the end that the said Jacob who is charged with all these iniquitous proceedings may on his corpora Oath make a true and distinct answer to all the charges in this bill as distinctly as if the same were here again interrogated & respected and the said deed maybe set aside as fraudulently obtained and that your Orator may be relieved in all and singular the premises according to the Rules of equity & good conscience may it please your Worships to grant to your Orator a Writ of Subpoena &c and your Orator as in duty bound shall pray &c
Jabez Pitt pro Complainant

And afterward to wit at another Court held in the said County on Wednesday the xxvith day of January 1780 before the said Justices came as well complained and aforesaid by his attorney aforesaid as the said defendant by George Corbin his attorney and on his motion time is given him until the next Court to answer the complainants bill, The same day is given the parties aforesaid there &c

And afterward to wit at another Court held in the said County on Friday the xxxth day of August 1792 before the said Justices came the Complainant by his attorney afors and the defendant having failed to answer the Bill of the complainant It is decreed & ordered that an attachment issue against the body of the said defendant to cause him to answer the bill aforsd returnable here at the next Court the same day is given the parties aforsd there &c

And afterward to wit at another Court held in the said County on Tuesday the xxvivth day of September 1784 before the said Justices came the parties by their attorneys aforsd and the defendants answers being filed time is given the Complainant until the next Court to reply to the said answer The same day is given the parties aforesaid their &c

Which answer is in these words following to wit

Accomack &c The answer of Jacob Taylor respondent to the bill of complaint of James Taylor complainant This Respondent saving & reserving unto himself all manner & advantages to the manifold untruths in certainties& imperfections in the said complaints bill of complaints contained for answer thereunto or unto so much thereof as this Respondent is advised is in any sort material or necessary for him to make answer unto he answereth & saith That he acknowledges to Complainant to be his brother and has ever considered him & treated him as such, That the complainant was in possession of a Small piece of land the quantity of exceeding as the Respondent always understood Sixty acres together with a Small personal Estate but whether the same was agreeable to the schedule mentioned by the complainant this Respondent cannot particularly say as the same was not annexed as mentioned. This Respondent denies all fraudlent intent against his brother the Complainant to deprive him of his land aforesaid & other personal property as unjustly charged against him and Expressly declared that the Complainant made the first application to your respondent informing his that he could mot live with his wife as she treated him so exceeding ill and that he was determined to sell his land & other property and go to Carolina and requested that your respondent should take the care of his Children and also buy his land as he was something in debt

Your Respondent refused to become purchaser of the land or to have any thing to do with the complainants children as he expected it would be very disagreeable to the complainants wife and her fathers family and as this Respondent thought it best he advised the complainant ti go home and live in peace with his wife and to advise her parents and if possible to keep his wifes conduct secret and not to expose her to the world The complainant answered that he had made her parents acquainted with her behaviour but he had little hopes of receiving redress from them as he had frequently heard his wifes mother advising her daughter when he was not present but within hearing stand to him he was old fretful & peevish and wold soon fret himself to death and that she knew by experience by opposing her husband he was much better to her That after repeated application from the Complainant to your respondent as above set forth, your Respondent was induced to believe that the Complainant was ill healed by his wife and as he found the Complainant was determined to sell Land and other Estate and would not be advised to the contrary this Respondent concluded to consult an attorney what he had best to do and the Respondent being advised that by the will of James Taylor father to the Complainant and this Respondent under which the Complainant held the lands aforesaid only an estate for life was given to the Complainant and that the reversion was given to you respondents Son

Your respondent thought it a duty he owed to his own child to purchase the life Estate lest it Should fall into the hands of those who might neglect the houses & orchards (which were preferable to the land the land being exceeding poor and suffer them to be destroyed which would render the reversion devised to you respondents son very inconsiderable for which he ave the complainant an horse of the value of twenty pounds as mentioned in the Complainants deed to your respondent which is hereto annexed which sum you respondent then thought was the full value of the Complainants life Estate their in as the land was very poor & out of repair and the orchard from being neglected of little profit

Your Respondent also the [-----] adroit of the Complainant was induced to undertake the maintenance and education of the Complainants children being two daughters as the complainants declared his intention was to go and reside in Carolina and that her would not suffer his children to remain with his wife as she was accustomed to a frequent use of profane words and had altogether neglected her duty as a parent your Respondent being but in moderate circumstances with a large family of his own could not without a consideration undertake the maintenance & Education of the complainants children altho he was his brother mor did the Complainant request it but of his own free will without the persuasions of any person offered to convey unto your respondent the sundry articles mentioned in the Complainants bill of Sale which is hereto annexed as a consideration for the maintenance & education of his children and also for the further consideration of Twenty five pounds current money which sum of money your respondent well and truly paid

Your Respondent expressly declares that many articles mentioned in the complainants bill of Sale he never received and other that he did receive were indifferent in their kind and much injured by the complainant after the bill of Sale aforesaid was executed particularly the horse called Tiry which died soon after he was received by this Respondent This respondent also declares that he received the two children of the complainant and treated them in every respect as his own children for the space of Eighteen months or Two years until the Complainants wife were & by force took the youngest of the two children for a person whom your respondent had employed to nurse it and the Complainant after his return from Carolina appeared to bee well satisfied with what he had done as he frequently expressed himself to that purpose and your Respondent frequently supplied the Complainant & his family with pork Corn and the milk of a Cow and with other necessary such as he requested until the Commencement of this suit The complainant came & requested that your respondent would permit the oldest daughter to go home with him for a few days and that she should return again but the Complainant after having obtained the possession of the children refused to deliver them up altho your respondent has been always ready & willing to maintain & educate the children as his own and this Respondent further declares that he now stands bound for the maintenance of a third child for the Complainant for which he never had nor ever expects any reward as appears by a recognizance of Record in the court of Accomack County which is hereto annexed and this respondent is ready & willing to go into a fair account with the Complainant and if it shall appear that the consideration paid by this Respondent to the Complainant is not a full consideration fro the land and other articles conveyed unto your Respondent he always was and yet is willing to make up any deficiency but as you Respondent conceives that the conveyances from the Complainant to the Respondent for the land and other articles were fairly entered into and the money consideration therein expressed was bonafide paid and the maintenance & education of the children he was always ready & willing to have been at the expence of and was only revented by the Complainant & his wife he therefore prays to be hence dismissed with his costs in this behalf most wrongfully sustained
George Corbin for the Respondent

August the 31: 1784 Then came Jacob Taylor before me the subscriber [-----] of the Common Wealth Justices of the peace and made Oath on the hold Evangelists of Almighty God That this his answer to the bill of Complaint of James Taylor Complainant is Just & true to the best of his knowledge
William Williams

At afterward to wit at another Court held in the said County on Tuesday the xxxist day of May 1785 before the said Justices came the parties by their attorneys aforsd and on the motion of the defendant it is decreed and orderd that a commission issue directed to William Downing Samuel Henderson Walter Bayne & Southy Whittington or any two of them to take the deposition of witnesses de bene esse in this suit and make return thereof to the next Court the same day was given the parties aforsd there&c

And afterward to wit at another Court held in the said County on Wednesday the xxvith of July 1785 before the said Justices came the parties aforsd by there attorneys aforesaid and by consent of parties it is decreed and ordered that this suit abate not by the death of either of the parties and the same is continuous until the next Court the same day was given the parties aforesd &c

And afterward to wit at another Court held in the said County on Wednesday the xxxith day of August 1785 before the said Justices cam the parties by their attorneys aforesaid and the cause was this day heard on the bill & answer the depositions taken & returned and the arguments of the Counsel on both sides. ~~ which depositions together with the deed & bill of Sale before referred to are in these wards to wit
The Deposition of Mary Northam of lawful age being duly sworn on the hold Evangelists deposeth & saith that she this deponent was at Jacob Taylors the defendant and James Taylor the Plaintiff was present and this deponent hear said James tell his brother Jacob that he wanted him to take his place go off and have leave his wife that she was so bad he could not live together upon which said Jacob told him that the said James that he had better go back & live together upon which said James says Lord bless you if you wont have it I will give it to Elijah Northam or Southy Warrington but said James afterward replied that said Northam was too easy a man he must give it to somebody that would manage the traders This deponent further saith that said James told her this deponent Shortly after his return from Carolina that he was not sorry for what he had done and sometime after said James had brought a suit for his land this deponent heard said James say he would not have done it for he had no money but to content his wife and her mother who said James said was to find him money to carry on the suit for he did not [-----] to get it and further saith not
Mary Northam

The Deposition of Crippen Taylor &c deposeth that he was passing by the house of James Taylor who informed this dependant that he did intend leaving his wife and children and wanted his brother Jacob Taylor to take possession of his land that his wife was so bad he could not stay with her and did not want his wife nor children to inherit any of his living this dependant further saith that he was at the signing of a deed by the said James to the said Jacob and that he the said James appeared to have his senses as at other times but believes he had bee a good deal disturbed in mind about that time and that he the dependant believes the said James to be not so smart as the common run of man but capable to make bargains and further this dependant saith not
Crippen Taylor

The Deposition of John Mathews &c deposeth & saith that he the dependant was at work and James Taylor Jacob Taylor and Shadrack Taylor came to the said James and after so time the said James & Jacob called on this dependant as a witness to a bargain which was for James s land the said Jacob was to have said James land & said James was to have an horse in Exchange for the land which horse was delivered to the said James and possession of the land and houses now in dispute given to the said Jacob by the said James in presence of this ഊdependant and Shadrack Taylor This dependant further saith that said Jacob borrowed the said horse of said James at said time and was to return him next morning which horse this dependant belies never was returned this dependant further saith that the said James was at the time of the bargain very uneasy and had been for sometime on account of Jealousy and that the said James informed this dependant that his two brothers Jacob and Shadrack persuaded him the said James that his wife did Cuckold him and this dependant further saith that he did believe the said James was not capable if making a bargain at that time of any consequence he the said James being but a weak man at any time and that he this dependant heard the aforesaid Shadrack persuade the said James yo whip his the said James s wife this dependant further saith that the said Land was worth at the time of the bargain one hundred & fifty pounds specie and that the said horse was worth Twelve pounds specie and this dependant further said that the said James was in possession of a negro woman and one or two children at the time of the bargain of said land and had been for two or three years before which the dependant always understood from the said James & others was the property of the said James but that the said woman was purchased by said Jacob and paid for with said James s money that the dependant thinks te reason of said James s purchasing the above negroe was because the said James did not think himself so capable of making a bargain as his brother the said Jacob the dependant further saith that the above negroe woman as he believes is now in the possession of said Jacob and this dependant further saith that he never knew or heard of any bargain made between the said Jacob & James for the aforsd negroes of further saith not
John Mathews

The Deposition of Mary Mathews &c deposeth & saith that she was a near neighbor to James Taylor the present plaintif and that she this dependant thinks at the time of the contract which was made between the said James & Jacob Taylor the defendant for said James s land that the said James was incapable of making any such bargain at that time & had been for some time before the dependant further saith that she frequently saw the said James about the time of the above bargain and from his behaviour she this dependant looked on the said James to be almost void of reason this dependant further saith that she new that said James had a negroe woman and one or Two children and further saith not
Mary Mathews

The deposition of Elijah Northam &c deposeth & saith that he was at Jacob Taylors when he saw James Taylor and in talking to him about his living the he had given unto the said Jacob Taylor some little time before he the said James Taylor went to Carolina he said he had given it up to Jacob and if he had not taken it that he the said James should have given to the deponent or Southy Warrington he after said he should not have given the land to this dependant because he was too easy and that the traders would do as they pleased with him the dependant further saith that he asked the said James if he did wish his children to have the land & other property his answer was that he did not know it they were his children or not he the dependant further saith that the said James appeared to be in his senses but that he appeared to be in a very great passion and would take no advice from any person and that the dependant further saith that he thinks the land was worth at the time the said Jacob got possession about ninety pounds specie and he further saith that the horse thus it is said the said Jacob was to give the said James for the land was worth sixteen or Seventeen pounds specie and further the dependant saith not
Elijah Northam

The deposition of William Selby Gentleman &c deposeth & saith that some time in the fall the same year that Jacob Taylor obtained the deed of his brother James Taylor he the dependant was riding one Evening in Company with said Jacob Taylor and this dependant asked the said Jacob Taylor if his conscience did not tell him he had done wrong in parting his brother & his wife and the said Jacob asked this dependant how he parted them and this dependant replied by persuading him his wife Cuckold him and the children he had was none of his and the said Jacob denied he ever persuaded him any such thing and that if his brother should ever return from Carolina and was sorry for what he had done he would convey everything back to his said Brother again This dependant further saith that he thinks the Land in dispute was worth at the time said Jacob got it one hundred & forty or fifty pounds specie and that the horse that was said to be given in exchange for said Land was worth fifteen or Sixteen pound specie this dependant upon being asked whether said James was capable of making a bargain about the time said Jacob obtained the deed from said James answered that he appeared to be cracked or crasey and further saith not
William Selby

The deposition of John Taylor (son of Bartholomew) &c deposeth & saith that his dependant with Jacob Taylor the defendant about five years ago went to James Taylors the plaintif and he this dependant heard the said Jacob offer to give to the said James a field called the swamp field part of the land now in dispute containing about twenty five acres during his life likewise build him a Log house but the said James to assist him in building said house and give to Siad James six head of Sheep one horse a cow & calf a Sow & pigs five barrels of Corn one fodder Stack and Two fat hogs out of his pen upon condition that the said James would give up a small piece of Land which the said James had [-----] from the lands in dispute containing about ten acres and [-----] him from keeping & maintaining some of the children of said James which the said Jacob was liable to maintain which the said James refused to accept of but requested the said Jacob to give up to him his land & living or he would sue him & further saith not
John Taylor

The deposition of Spencer Smith &c deposeth & saith that he happened on Jacob Taylors some short time before James Taylor gave up his land to said Jacob and he this dependant heard said James prefer his land to said Jacob to keep and take care of telling him at the same time that he intended to go and leave it on account of some difference between said James & his wife but said Jacob advised said James to go back and try & live peaceably with his wife at which the said James was angry and appeared to be determined to leave his land & living and told the said Jacob that if he would not take care of the land as it belonged to said Jacobs children after his death he the said James would sell his land during his life to some person that should take care of it This dependant also heard the said James say that he would rather be tyed to a Stake & Shot than go and live with his wife as he apprehended his wife and her mother would destroy his house orchard & fencing this dependant further saith that he heard the said James say a few days after his return from Carolina upon being asked if he was not sorry for giving away his land & living answered no if it was do again he would do it this dependant saith that he frequently was at the house of the said Jacob and from what he saw he believes the said James s children were well used and further saith not
Spencer Smith

The deposition of Southy Northam &c deposeth & saith that in some short time after James Taylors return from Carolina he this dependant happened on Jacob Taylors and Slept with said James and upon asking him the said James if he was not sorry for giving away his living in the manner he had done he answered he was not but if it was to do again he would do iഊt ths dependant further saith that he believes the said James was not in his proper senses he this dependant further saith that he hat been acquainted with the said James as much as Twenty or Thirty years and always thought him a weak man and easily to be imposed on and further saith not
Southy Northam

The deposition of Joshua Thornton &c deposeth & saith that he happened at the house of James Taylor in his absence and at his return heard the said James say that he had given Jacob Taylor all that he had and that he the said James appeared to be much disordered in mind, he told his wife he had given what he had away and that if she would live better with him the said James that he thought his brother Jacob would not turn us away he the dependant further saith that he happened at a mill where he sain the said James sometime after his the said James return from Carolina and after he had got to keeping house he the said dependant asked the said James if he was not sorry he had given away his living his answer was if it was to do again he would do it but Still appeared to be something disordered in mind but did not know what was the matter but expected it proceeded for a disturbance with his wife This dependant saith that sometime after he asked the said James if his brother Jacob persuaded him to let him have his living he told him he did not and this dependant further saith that he lives a near neighbor to the sain Jacob and that he believes the said Jacob used the said James s children [-----] while he had them with him and further saith not
Joshua Thornton

The decoction of William Conquest Junr &c deposeth that sometime after James Taylor returned from Carolina he this dependant in conversation with said James about giving away he property heard said James say if it was to do again he would do it This dependant being asked whether he thought the said James had his senses at that time answered that he appeared to have them as usual but that he this dependant always looked upon said James to be a weak man This dependant upon being asked the general character of said James & Jacob answered that said James was looked upon as an honest easy weak man and that said Jacob is thought to be a sensible Smart man This dependant further saith that he Judges the land in dispute between said James & Jacob was worth at the time said Jacob got it one hundred pounds specie and this dependant thinks the horse that was said to be given for said Land was worth about ten pounds specie and further saith not
William Conquest

The decision of Elizabeth Northam &c deposeth & saith that the dependant was at her sister Ann Ailworth who had one of James Taylors children keeping and she the dependant saw the wife of the said James Taylor come & inform the said Anne Anne Ailworth that she had come for her children that she had one of her children and that She wanted to child that was there which she carried away with her and that this dependant further saith that the child was well kept while it was with the said Anne Ailworth and further saith not
Elizabeth Northam

The deposition of Ephraim Milman &c deposeth & saith that he the said dependant in some convasation he had with James Taylor that the said James being asked by the dependant why he had made over his land & living his answer was that he the said Jacob Taylor was not to blame that others blamed his brother Jaഊcob Taylor for taking his living but that if the sad Jacob had not taken his offer he the said James should have let some other person have had it or he would have put fire to it and burnt it up and that he the said James told this dependant that he the said James and his wife lived so bad together that was the cause of his doing as he had done and told the dependant on being asked why he came back from Carolina and he the said James said the live he had for his wife & children caused him to come back This dependant further saith that he believed the said James was in a great deal of distress in mend & seemed to be very sorry for what he ha done the dependant further saith that the said Jacob let the said James have a cow to milk one summer as he believed and further saith not
Ephraim Milman

The deposition of James Mathews &c deposeth& saith that he this dependant was a near neighbor to James Taylor that he considered him a man not any capable of making any bargain for a considerable time before and after the tome of his bargaining with his brother Jacob Taylor for his land and other property from [-----] the said James conversation & conduct generally about the time of his bargaining with the said Jacob was very different from a man in his real senses and the dependant further saith that he thinks that the said Jacob got possession of the land and other property from the said James fraudulently and the dependant further saith that he the Siad James has brought money at different times to his the dependants father to weigh which money he told the dependant was to pay for a negroe he had bought of Thomas Hinman that his brother Jacob was to Settle the matter for him as the dependant thought that the said James considered that Jacob was more capable than the said James to settle the matter with Hinman That the said James had possession of the said negroe woman called Betty until the said Jacob got possession of the said James s land and other property but is now in the possession of the aforsd Jacob This dependant further saith that he was several times at the house of the aforesaid Jacob while he had the said James s children with him and never see the aforesd Jacob make any difference between the said James s children & his own but the dependant further saith that he did not think the children were well taken care of as they never looked well while with the said Jacob and the dependant saith that he thinks the land was worth at the time Jacob got possession of it about Sixty pounds and his other property he supposes to be worth about one hundred & forty pounds specie and an Horse is the said Jacob gave the said James for the land he the dependant thinks worth at that time about fifteen pounds specie the dependant further saith on asking him the general character of the Siad Jacob Taylor & James Taylor That he donít know anything dishonest of the said Jacob in any dealing that the said Jacob & the dependant had ever had but that the said Jacobs neighbors gives the said Jacob a very bad character as a man that cant be depended on and the dependant further saith the he never heard anything dishonest in the said James Taylor and further the dependant saith not
James Mathews

The deposition of Bartholomew Taylor &c deposeth & saith that this dependant recollects that he was witness to a bill of Sale from James Taylor to Jacob Taylor the defendant about Ten years ago for James Taylors personal Estate that this dependant thinks the reason said James making the said deed to the Jacob was on account of Jealousy of his wife particularly on account of a Pedlar who had lodged a night at said James s house some time before and that the said James seemed to be in great trouble & distress of mind on the that account this dependant further saith that the aforesaid Jacob told the said James on the day the bill of Sale was executed in the presence of this dependant that the said Jacob would let him the said James have his Estate again if the said James wanted it but whether it was before or after the acknowledgment of the said writing that this promise was made by the said Jacob to the said James this dependant cannot positively say and further this dependant saith not
Bartholomew Taylor

The deposition of Shadrack Taylor &c deposeth & saith that this dependant James Taylor the complainant & Jacob Taylor the defendant were in company going to James Ingrams a near neighbor of theirs when the said James mentioned that his wife had left of which he complained that after a very little conversation the said Jacob proposed to give the said James a Stallion which the said Jacob was then leading as they walked the road for the said James Plantation to which the said James immediately agreed and ths dependant thinks the said Stallion might be worth from Ten to fifteen pounds that afterwഊards this dependant was witness to a deed from the said James to the said Jacob by which the said James conveyed his dwelling House & plantation to the aforesaid Jacob being all the Lands of which the said James was possessed as this dependant believes and this dependant further saith that the bargain was Struck up in a minute or two and this dependant thought at first it was a Joke and therefore did not advise aid James Taylor for or against the said bargain and this dependant thinks the land was worth about one hundred and twenty pounds currency specie and say that he always considered his brother James afores as a very weak man but was particularly so at the time of the contract between him and the defendant Jacob who is also Brother to this dependant which folly and uneasings proceeded from Jealousy of his the said James s wife which this dependant thinks was without any real cause and this dependant further saith that the said Jacob acknowledged that the above mentioned Stallion was the property of the said James at the time of the aforesaid contract but the said Jacob reserved to himself the priviledge of riding the said Stallion home which he did but this dependant does not know that the aforesd Jacob ever delivered him to the said James but also remembers that at the time of the contract aforesd the aforesd James delivered his the said James s keys to the aforesd Jacob as possession of the house & land and further this dependant saith that he believes the said James and his wife since they have been together on a reconciliation Which has bee about eight or none years the said James has lived peacably and he has heard no disturbance and further saith not
Shadrack Taylor

The deposition of Levin White &c deposeth & saith that sometime about nine or Ten years ago this dependant the complaints wife and Molly Wise set off to go to Jacob Taylor the defendant that the complainants wife might see her children that when the dependant & the complainants was went to the house of the said Jacob Taylor and this dependant having rapt at the door which was Shut against them they were denied admittance tho the dependant told the said Jacobs wife the object of their coming on which she ordered an horn to be blown which being done the said Jacob came with others runing full of fury with a piece of bar in his hand treating to split this deponent brains if he did not depart immediately they then began to throw water on the said Complainants wife and wet her very much at the same time setting the dogs on that after some time the aforsd complainants wife went off after being much abused without seeing her children and this dependant understood the said complainants wife had not seen her children for some months before which he heard from the complainant wife & [-----] John Mathews and further this dependant saith not
Levin White

The deposition of Seven Bunting &c deposeth & saith that as he went with the complainants wife to Jacob Taylors to see her children that on their was the said Jacob met the woman and this dependant & refused letting her go to the house and ordered to set his dogs on her and this dependant when this dependant asked the said Jacob why he would not let her go to the house in answer to which he said Damn the Bitch She killed my Stallion and further this dependant saith not
Severn Bunting

The deposition of Solomon Johnson &c deposeth & saith that some Short time after James Taylor returned from Carolina which was in the year 1776 he this dependant was blaming said James for giving away his property in the manner he had done to Jacob Taylor and was answered by said James that if it was to do again he would do the same under the same circumstances and that his wife was the cause of his doing so this deponent further saith upon being asked the general character of Jacob Taylor and said James Taylor answered that Jacob Taylor was a keen sensible man and that said James is an easy weak man easily to be imposed upon and further saith not
Solomon Johnson

In obedience to a commission from Accomack County Court to us directed bearing date July the 12th 1785 we the subscribers met at Thomas Abbotts the 21st day of July and at William Downings the 23d day of the same month and have taken the above depositions in presence of the parties agreeable to law according to the best of our skill & Judgment as witness our hands this 23d day of July 1785
William Downing
Samuel Henderson
Walter Bayne

* The deed for the land of record to be inserted here

* The bill of Sale to be inserted here also of record

It is the opinion of the Court that the deeds be set aside as well on account of the incapacity of the complainant to enter into a contract at the time of contracting as fraud in the respondent in obtaining the same and the want of a sufficient consideration Therefore it is decreed the lands in the bill and answer mentioned and also the value of the several articles in the bill of Sale which came to the hands of the Respondent and that John Teackle Samuel Henderson William Broadwater & Southy White or any three of them be appointed to enquire to the value of the same & what money or other property was given in consideration of the said articles and make report thereof to the next Court for their further consideration on the premises The same day was given the parties aforsd the &c

From which opinion & decree the defendant prayed an [-----] which is granted him on his given security according to law.

And now at this day to wit on Wednesday the said first day of February 1786 before the said Justices came the partied afored by their attorneys aforesaid and the Persons heretofore appointed by a decree of the Court to enquire into and State all accounts between the parties this day returned an accounting under their hands of a ballance due from the said Jacob defendant to the said James Complainant of seventy eight pounds Eight Shillings & three pence with interest thereon Eleven years and There upon It is decreed and ordered that the Plaintif recover against the said defendant the said Sum of Seventy Eight pounds Eight Shillings & three pence with Interest aforesaid and that the defendant pay unto the Plaintif his Costs

From which decree the defendant prayed and appeal which is granted him on his giving security according to law

appellants Costs [-----] 1045 Shs 50 total 1095 pounds of Tobacco & 30/
appellees Costs [-----] 361 Shs 80 total 441 [-----] ----- & 30/
Littleton Savage ClC
Examined


Sources:
_____. Accomack County Records [Microfilm] Reel 128: 75-87.

Whitelaw, Ralph T. Virginia's Eastern Shore A History of Northampton and Accomack Counties, Vol Two. Camden, MA: Picton Press, 1996.

© Copyright 2009 by Gail M. Walczyk