Solomon Bunting's Extx vs John Kendall Sr. - Transcribed by Gail M. Walczyk
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To the worshipfull Court of Northampton County in Chancery humbly complainig sheweth unto your Worships, your Oratrix Amey Bunting Administratrix of Solomon Bunting Junr decd, that on or about the middle of the month of May in the year of our Lord MDCCLXXXII a certain John Kendall Senr entered into a Bond unto the said Solomon in his life time for the payment of one hundred and fifty pounds current money of Virginia, with condition for the payment of Seventy five pounds of like money with lawfull interest from the date of the said Bond, on demand,: that after the signing sealing, and delivery of the said Bond unto the said Solomon, the said Solomon deposited the said Bond with several other papers of considerable consequence in a Desk in his own House, where he supposed them to be in perfect Safety: that soon after the death of the said Soloman, the Desk afsd. was broke open by some persons unknown to your Oratrix & the said bond with many other valuable Articles, taken out & distroyd, as your Oratrix apprehends, as she has never been able since,to discover or find it: that since the loss of the Bond afsd Solomon Bunting Senr at the request of your Oratrix applyed to the said Kendall for the payment of the said sum of money due by bond afsd who acknowledged the sum due by the bond afsd and actually paid to the said Soloman Bunting Senr the sume of Nine pounds, who gave a receipt to the said Kendall for the same dated the __ day of _____ and promised to pay the residue as soon as it was in his power: But now so it is, may it please your Worships, that the said Kendall (altho your Oratrix has frequently applyed unto him, for the purpose) has heterto & still doth refuse & neglect to pay any other or further sum to your Oratrix, (altho she has obtained Administration on the Estate of the Said Solomon Bunting Jurn, In tender consideration whereof, & for as much as your Oratrix is remediless in the premisses according to the Strict rules of the Common law, & is only and properly relievable in a Court of equity where matters of this nature are cognizable: To the end therefore, that the said Kendall may upon his Corporal Oath true & perfect Answer make to all and singular the premisses as fully & circumstantially as if the same were here agian repeated and interrogated according to his knowledge remembrance or belief; and more particularly that he may set forth & discover whether such a bond as above specified by your Oratrix, was or was not signed, Sealed & delivered, by him, unto the said Solomon Bunting Junr in his lifetime, & whether the same, & what what part thereof, has been paid; and that he may discover whether & when, the afsd sum of Nine pounds was paid unto the said Soloman Bunting Senr? And finally that he may be compelled by a Decree of this Worshipfull Court tp pay and discharge the amount of the Condition of the said bond & legal interest thereon; whereby your Oratrix may be indemnified for the loss and destruction of the said bond, according to the rules of equity & good conscience, --- May it please your Worships, to grant unto your Oratrix, the Commonwealth's most gracious Writ of Subpoena to the said John Kendall to be directed, commanding him at a certain day and under a certain penalty, therein to be inserted to be and appear before your Worships in Chancery then and there to stand to and abide, such other and further order & Decree in the premisses, as to your Worships shall seem meet, and agreeable to equity & good Conscience. --- And your Oratrix shall ever pray
S. Snead pro Querente
Bunting Exx
Vs . . . . Spa in Chan
Kendall
1786 Apl Time to answer
1787 Nov 24 Atta for Answer
1788 March 22 Rep & Comm
Aprl 19. Set for Trial
1789 Aug 13. Continued
1790 &c March Decree
I have Summoned the Within Kendall as is commanded
David Jones
The Commonwealth of Virginia To the Sheriff of Northampton County Greeting: You are hereby commanded that you summon John Kendall to appear before our Justices of said County Court at the Courthouse on the second Tuesday in April next, to answer to answer a bill in Chancery exhibited against him by Edward Turner and this he shall in no wise omit under the penalty of £100; and have then there this Writ. Witness William Stith Clerk of our said Court at the Courthouse the 24th day of March 1786 in the tenth year of the Commonwealth
Wm Stith
Bunting Exx
vs . . . . Attachment
Kendall
For not answering a bill of complaint exhibited against him by Solomon Bunting's Executrix
Wm Stith CLC
December 3rd 1787
Serv'd for Isaac Avery Sheriff
James Palmer DS
The Commonwealth of Virginia to the Sheriff of Northampton county greeting: Your are hereby commanded to take John Kendall Senr so that your have his body before the Justices of our said court of Quarter Sessions at the courthouse in the said county on the second Tuesday in March next, to answer us as well of a certain contempt by him to us offered as if it is said upon those things which to him shall then & there be objected: And further to do and receive what our said Court shall in this part consider. And this you shall in no wise omit. and have then & there this writ. Witness William Stith clerk of our said court, at the courthouse aforesaid, the 28th day of June 1787 In the twelfth year of the Commonwealth
William Stith
Source:
Solomon Bunting's Extx vs John Kendall Sr., 1790-007.Local Government Records Collection, Northampton County Records. the Library of Virginia, Richmond, Virginia. Accessed 22 June, 2009.<http://www.lva.virginia.gov/whatwehave/local/chancery/index.htm>
© Copyright 2009 by Gail M. Walczyk