Maximilian Evans vs William Evans Etc 1792-006 - Transcribed by Gail M. Walczyk

Spelling remains the same

Evans
vs. . . . . Chy
Evans

To the worshipful the court of the County of Accomack in Chancery the bill of Complaint of Maximilian Evans humbly sheweth, That your complainant is the eldest son & heir at Common law of Thomas Evans sometime since decd. of the County afsd. that the sd. Thomas Evans in his life time, towit, on the 29th day of March 1770 at the county afsd. purchased of his father Justinian Evans of the County afsd. a certain Negro slave, named Sarah, for conveying which slave the sd. Justinian then & there executed a deed under his hand & seal to the sd. Thomas, which sd. deed was on the day & year afsd. proved in this worshipful Court by the oaths of Thomas Hickman & Hezekiah White two witnesses who attested the execution of the sd. deed, & by this Court duly admitted to record, an attested copy of which sd. decd. & probate this complainant annexes & prays may be received as a part of this his bill: that the sd. Thomas the father of this complainant afterwards by virtue of his title afsd. obtained quiet possession of the sd. slave & so remained possessed during his continuance in the County afsd. that he the sd. Thomas at the commencement of the late war between the Untied States of America & great Britain impressed with a due sense of the right of his Country enlisted as a soldier in the service thereof in the ninth regiment of Infantry raised within this State, & with the sd. Regiment marched to the Northward about the end of the year 1776, where he sometime afterwards died in the service of his Country: that the sd. Thomas father of your complainant with several other of his children, who were at that time all infants of tender years, helpless, & without a mother, in the care of Mary Evans the mother of the sd. Thomas & the Grandmother of this complainant & in order to enable the sd. Grandmother of this complainant to raise & support this complainant & his brothers & sisters the sd. Thomas also left the sd. Slave Sarah in the possession of his sd. mother, who under the sd. Thomas in manner afsd. held the sd. slave until the death of the sd. Thomas: that after the death of the sd. Thomas a certain William Evans of the County afsd. a brother of the sd. Thomas, viewing the tender years & helpless condition of this complainant, set up a pretended title to the sd. salve & under pretence thereof tool possession of the sd. slave: that the sd. slave since the conveyance of her by the sd. Justinian Evans to the sd. Thomas Evans as afsd. hath had issue a number of children: that the sd. William Evans with intent to remove the sd. slave & her increase beyond the reach & power of your complainant to recover, sold her & her increase, except on child of the name of to Colo William Parramore of the county afsd. & the sd. William Parramore afterwards sold the sd. female slave to Mr. John Wilkins then of Occahanock, whether with or without her increase this Complainant knoweth not: that the child of the sd. female slave received by the sd. William Evans afsd. was afterward by him the sd. William sold to Mr. Joshua Bell, all of which sd. persons as well the sd. William Evans as the sd. William Parramor, John Wilkins & Joshua Bell now refuse to render the sd. slaves or the value thereof to your complainant which is contrary to all equity & good conscience. In tender consideration whereof & forasmuch as your Complaint. is remediless in the premisses save in a Court of Chancery, to the end therefore that the sd. William Evans, William Parramore, John Wilkins & Joshua Bell may be compelled true perfect & distinct answer to make to all & singular the premisses so far as the same may have come to their knowledge, more especially that the sd. William Evans may be compelled to say whether he did not take the sd. female slave called Sarah as afsd.? Whether she the sd. Sarah had at the time of taking any children & of what name? whether he did not also take the sd. Children, if any? What children the sd. Sarah has after the sd. taking? & Whether the sd. William Evans did not sell this sd. Sarah to the sd. William Parramore? How many of her children & of what names, he sold with her to the sd. William Parramore? & to whom he the sd. William Evans sold the residue of the children of the sd. Sarah, & of what names they were? And that the sd. William Parramore may be compelled to answer whether he did not purchase of the sd. Williams Evans the sd. slave Sarah? also how many of her children & of what names he purchased with her? How many children & of what names the sd. Sarah had afterwards, whilst in the possession of the sd. William Parramore? & whether he did not afterwards sell the sd. Sarah & some of her children & of what names to the sd. John Wilkins? how many of the children of the sd. Sarah after the sd. sale of her & of what names remained in the possession of the sd. William Parramore & what hath become of each & every of them? & that the sd. John Wilkins may be compelled to answer whether he did not, purchase the sd. Slave called Sarah of the sd. William Parramore? Whether he purchased any of her children & of what names? Whether she had afterwards whilst in his possession any more children & of what names? & what hath become of her & each & every of her children, which were in his possession at any time? & that the sd. Joshua Bell may be compelled to answer whether he did not purchase of the sd. William Evans a certain Negro lad, the child of the sd. Sarah, what his name is & what hath become of him? And to the end that the sd. Defendt. may be compelled not to remove or [-----] the sd. Salves or any of them, until a hearing of the matters afsd. can be had in Chancery & in the end that they may be compelled to render full justice in the premisses to your complainant according to equity & good conscience, May it please this Court, the premisses considered, to grant unto your Orator the Commonwealths writ of Supoena to each & every of the sd. Defendts to be directed commanding them &c & that they abode fulill & perform &c And your Orator as in duty bound shall ever pray &c.
T. Evans for Compt.

The Common Wealth of Virga to the Sherif of Accomack County Greeting, We Command you that you Summon Wm Evans Wm Parramore, John Wilkins and Joshua Bell to appear before our Justices of our Court of the county afsd. In Chancery on the last in November next to answer a Bill In Chancery exhibited against her by Maximilian Evans and this they shall in no wise omit under the Penalty of one hundred pounds Each and have then there this writ witness Littl Savage clerk of sd. Court at the Courthouse this eleventh day of October 1790. in the 15th year of the Commonwealth ---
Littleton Savage.

Evans
vs . . . . . Atta
Evans

have attac'd Wm. Parramore and John Wilkins --- John Custis
I have attached Wm. Evans & Joshua Bell
Jno Moore

The Common Wealth of Virginia to the Sherif of Accomack County greeting We command you that you attach William Evans, William Parramore, John Wilkins & Joshua Bell So that your have their bodied before our Justices of the said court of our said county In Chancery at the Courthouse on the last Tuesday in March next to answer us as well of a certain contempt by them to us offered as it is said as upon those things which to them them and these Shall be objected and further to do in this part Consider and this you shall in no wise omit and have then there this writ witness Littleton Savage Clerk of the said Court at the courthouse this 11th day of February 1792 In the 16th Year of the Commonwealth ---
Littleton Savage

Evans
ads of
Evans
Answer

The answer of William Evans to the bill of complaint of Maximillian Evans: this respondent now and at all times hereafter saving unto himself the manifold untruth, uncertainties and imperfections in the complainants bill of complaint contained. For answer thereunto or so much thereof as this Respondent is advised is material or necessary for him to answer unto answer's and says that sometime in the year of our Lord anno Domini one thousand seven and sixty five or sixty six this respondent purchased of his Father Justinian Evans a certain Negro girl called Sarah for which he paid two executions against the said Justinian Evans his father besides some other small demands against the said Justinian Evans his Father which was in full satisfaction of the said Negro girl Sarah, that the respondent permitted the said Sarah to remain in his Father possession in order to accommodate him being there far advanced in years, that while the said Sarah was in the possession of the said Justinian father of this respondent when a certain Solomon Johnson attached the said Negro girl Sarah for an exectution which he had against the said Justinian Evans: that this respondent at the sale of the said Sarah purchased he a second time and satisfied the said Execution against the said Justinian Evans; That after this respondent had accounted with his Father Justinian for the said Sarah; and considered the said Sarah his absolute property; The Father of this respondent Justinian Evans gave the said Sarah unto the brother of this respondant Thomas Evans by deed of gift which is recorded as set forth by the complainant. This respondent also says that after he had purchased the said Sarah of his Father the first time and while the said Sarah was in his Fathers possession and after the sale of the said Sarah to said Thomas Evans; The said Thomas Evans and others came privately and took the said Negro Sarah and her child out of the said Justinians possession This respondent then obtained a writ and took the said Sarah into his possession well knowing that he had paid honestly for the said Sarah --- This respondent then considering himself compleat owner of the said Negro girl Sarah and her increase; sold the said Sarah and her child to a certain William Parramore. This respondent therefore prays to be hence dismissed with his reasonable costs in this behalf most wrongfully sustained ---

1792 March 23d
Then came William Evans and made oath on the Holy Evangelists of Almighty God that the several things contained in this answer are Just and true to the best of his knowledge ---

Evans
vs . . . . .Answer
Bell

Accomack Ss
The answer of Joshua Bell to the bill of complaint of Maximillian Evans This respondent now and at all time hereafter saving unto himself the manyfold untruths uncertainties and imperfections in the said bill of complaint contained. answer and says That true it is that the purchase of a certain William Evans a Negro boy called Peter but that he knows nothing of the said Negro boys more that he understood he was the son of a negro woman the property of William Evans by the name of Sarah: and that William Evans was owner of him: that he the respondent paid for said boy; but as to the title of said Sarah & Peter he knows nothing. He therefore prays to be from hence dismissed with his costs n the case most wrongfully sustained ---

1792 March 23d
then came Joshua Bell and made oath upon the Holy Evangelists of Almighty God that the several things in this answer contained are Just and true to the best of his knowledge ---
before
Charles Stockley

Evans
vs . . . . . Answer in Chancery
Parramore

The separate answer of William Parramore Senr. of the County of Accomack to the bill of complaint of Maximillian Evans. This respondent now and at all times hereafter saving to himself the manifold untruths uncertainties, and imperfections, in the sd. bill of complaint contained for answer thereunto or so much thereof as this respondent is advised for him to answer he answereth & saith that rue it is as set forth in the complainants bill that he purchased a Negro woman of William Evans by the name of Sarah & her child called Tom for which he fully accounted with said William Evans and held possession of said woman and child about twelve months where the said Tom her child died and this respondent sold the said Negro Sarah to John Wilkins for the sum paper money which said sale was on or about the year and this respondent further says that the said Negro woman Sarah had not any children while in his possession except said boy Tom above said which he bought with her --- and this respondent prays to be dismissed from hence with his costs thus wrongfully expended ---

1792 Mar. 3
Then came William Parramore before me and made oath on the Holy Evangt. of Almighty God that this answer was true to the best of his Knowledge.
Jno. Cropper Jr.

Deds

The Commonwealth of Virginia to Charles Stockly, Chas. West and Selby Simpson, Gent. Greeting, Know ye, that We trusting to your fidelity and provident circumspection in diligently examining whatever Witnesses as well on behalf of the William Parramore And others as well on behalf of Maximillion Evans Compt. Defendant Command you or Any two or more of you that at such Certain days and places as you shall appoint you Assemble yourselves and the Witnesses afored. before you or any two or more of you, You Call And Cause to come & diligently examine on the holy evangelists of almighty God and their Examination into our Court of Accomack County distinctly and plainly without delay you shall send and Certify inclosed, returning also to us this writ Witness Littleton Savage Clerk of the Said court at the courthouse the day of March 1791In the 15th year of the Common Wealth.
Littleton Savage

In obedience to an Order of Cort of Accomack County in Chancy to us directed to take deposition in the Suit depending between Maximilian Evans & Compy against William Parramore and others Viz. --- The deposition of Jestinian Evans of lawful age being Duly Sworn upon the Holy Evangalist of Almighty god and Examined deposeth and sayeth that he had heard the Jestinian Evans (this deponants father) had Sold to William Evans a Negro Wench Called Sarah for the payment of Two Executions that was against his Father and Some Small time after that this deponent heard of it. William Evans Requested this deponent to walk to his Fathers With him which he did, and after he got to his Fathers William Evans Asked his father if he Continued in the Same mind about Sarah that she Shoud be his paying the two Executions afsd. of his Fathers Answered he was his Mother then Said She thought twelve months was two short a time for the payment of the Money back to Redeem the Negro to which William Answered that any one Might have the Negro that woud pay him the money that he was oblige to pay that he did not want her and at last agreed that his father shoud have two years Liberty at the payment of the money to redeem the Negro and tis deponent further Sayeth that Some time after his father offered to give him the aforesaid Negro Girl but this deponant refused to except of the Said Negro he told his father that he had Once Sold her to William Evans and that he woud not except of Negro unless he woud pay his son William for his According to your bargain and his father Said if you wont have her I know who will and this deponant understood that he ment then to give her to his Son Thomas which he afterward understood that he did gave her to his Son Thomas, and this deponant has Some Reasons to believe that his father did it to Content his Wife and this deponant further Sayeth Not ---
Justinian Evans

Sworn to before us this 25th day of April 1791
Charles West
Selby Simpson

In Obedience to an Order of Cort of Accomack County in Chancery to us directed to take deposition in the Suit depending between Maximillian Evans and others against William Parramore and others. ---The Deposition of Willit Lilliston Senr. of Lawfull age being duly Sworn upon the Holy Evangalist of Almighty God and Examined, Sayeth that he was present at the Jestinian Evans Senr. Some time is January 1766 who had Some discorse Said Evans about purchasing of him a Negro girl Called Sarah and after this deponant was done talking about the purchase of the Said Negro Girl, the said Jestinian Evans Senr. went into the Kitchen to deliver to his Son William Evans Some Negroes that he before purchased of his Father which were delivered in presents of this deponant and after the said delivery of the afsd. Negroes the Said Jestinian Evans Said he must be obliged to sell this Negro Girl Sarah in order to pay of Two Executions that was out against him, his sin William Answered that if he (meaning his father) woud let him have the Negro Girl Sarah he woud pay of the Two Executions that was Against him and that he shoud have his lifetime in the Negro Girl and further that if the Said Jestinian Evans woud repay him the money within Twelve Months that then the Negro Shoud be his property again forever which proposal the Said Jestinian Evans fondly agreed to and was by his Son William Released from the Said Executions by takeing up himself the payment of the Same. --- and this deponant further Sayeth that Some years after the above Conversation happened he was informed that the Said Jestinian Evans Senr. had made a Deed of Gift to his Son Thomas Evans of the Negro Girl Called Sarah which was delivered for the Consideration afsd. with the Reservation afsd. in his presents and this deponant happened in Company with the Said Jestinian Evans Senr. and he asked him how he Come to give his Son Thomas a deed of Gift for the Negro Girl Sarah which eh ad before Sold to his Son William in his presents and the Said Jestinian Answered that he had Given her to his Son Thomas to Content his wife as the Said Evans Said he was Sure his Wife woud have torn him Out of his grave had he not done it and that his Son William Coud recover her at any time after his death and that he did not Intent to defraud his Son William as he was Sure his Son Williams Title was good as he had bought her and paid for her in the presents of this deponant and that the Said Jestinian done what he die to Content his Wife and this deponant further Sayeth not ---
Willet Lilliston

Sworn to before us 25th April 1791
Charles West
Selby Simpson

Jestinian Evans
to
Thomas Evans Junr 
Copy Deed Poll                                                [Click here for the deed]


Sources:

_____. Accomack County VA Chancery Causes, 1727-1805. Maximilian Evans vs William Evans Etc 1792-006. Local Government Records Collection, Accomack County Records. The Library of Virginia, Richmond, Virginia. Accessed 21 January 2012.


© Copyright 2012 by Gail M. Walczyk