Levin Joynes vs Administrator of Reuben Joynes Etc. - 1789 - Transcribed by Gail M. Walczyk

Spelling remains the same

vs Bill
Joynes Chancery

To the worshipful the Court of Accomack County in Chancery the Bill of Complainant of Levin Joynes humbly complaining sheweth unto your Worships that Reubin Joynes late decsd of the County afsd being justly indebted in his life Time to Saml Outten & Anne his wife Admrs &c of John Finney decd the said Levin Joynes became his Security for payment of the said Loan of Seventy two pounds one Shilling and ten pence Specie current money of Virginia and that the said Reubin Joynes on the xviii Day of December Anno Domini one thousand seven hundred & eighty six for the propose of securing and leaving harmless the said Levin Joynes for being Security for the payment of the said sum of money together with legal Interest thereon to the said Samuel & Anne did execute and deliver a mortgage Deed of certain Lands whereof the said Reubin Joynes was at that time seised in Fee simple containing by estimation seventy eight acres more of less and bounded on the west by Lands of G. Smith on the North by the Land of L. Smith on East by Holden's Land and on the south by the Lands of said Reubin Joynes to the afsd Levin Joynes Heirs and assigns for ever liable however to the defeasance by the payment of the afsd Sum of money together with legal Interest thereon by the afsd Ruebin Joynes to Samuel & Anne or to the said Levin Joynes and your orator further shews that the said Reubin since, to wit on the Day of Anno Dom. Departed this Life having made no Will or disposition of his real Estate, and without paying to the said Samuel or to your orator any part of the said sum of money that a certain Thomas Underhill hath administered a will as to the personal Estate annexed on the Estate of said Reubin, and the Widow of said Reubin Joynes by name Peggy Joynes in her own Right as widow, and in Behalf of her Infant Children Tabitha, Elizabeth, William and Elias Dunton Joynes who are the Infant Children of said Reubin decsd, with Sally Joynes the Daughter of said Reubin Joynes are in possession of the Lands afsd of the said Reubin so as afsd mortgaged to y our orator which said Mortgage Deed is duly & legally proven as knowledge and recorded in the County Court of Accomack as may appear by referring to said Mortgage Deed with the Clerks Indorsement thereon which is hereto annexed and prayed to be taken as part of this your Orator's but the said Thomas doth inform your orator he hath not in his hands to be administered sufficient of the Estate of said Reubin Joynes to redeem the said Mortgage Deed --- In tender consideration whereof and for that your orator is remediless in the premisses save by the interposition of a Court of Chancery and hat no means to compell That payment of the said Sum of money but by the foreclosure of the said mortgage or the Equity of redemption and a Decree for the Sale of the Land so Mortgaged. To the End therefore that the said Thomas Underhill admr Peggy Joynes & Sally Joynes on their Corporal oaths and Tabitha, Elizabeth, William and Elias Dunton Joynes by their Guardian may true & perfect answer make to all & singular the premises as if here again interrogated that they may be compell'd to standd & abide by the Decree of this Court that your orator may be relieved and satisfied his said Suretyship of seventy two pounds one shilling and ten pence Specie together wth. legal Int. thereon out of the Goods & Chattels of the said Reubin if any and sufficient thereon, then our of the Lands afsd by sale that the Equity of Redemption on said Mortgage may be foreclosed May it please your owrship to grant unto your orator the Commonwealth's writ of Subpoena to the said Thomas, Peggy, Sally Tabitha Elizabeth William and Elias Dunton, to be directed commanding them & each of them under a certain pain & on a certain Day Therein to be limited to be and appear before your worships, and to stand to & abide by your worships further Decree in the premises &c. I your orator shall ever pray &c &c &c
Geo Parker P Quer

vs . . . . . . . Answer

To the worshipfull Justices of Accomack court in Chancery --- The answer of Peggy Joynes widow of R. Joynes decsd to Bill of Complt of Levin Joynes in the said Court exhibited This Respdt saving to Herself all Benefit of Exception to the said Bill of Complt. for answer thereto or to so much Thereof as is any wise material for her to answer to answering saith that true it is Reubin Joynes her late decsd Husband was indebted to said Samuel and Ann Outten & the Complt L. Joynes became his Security as is set forth in said Bill, and that the said Reubin execute and acknowledged a mortgage Deed as set forth in the Bill to secure the payment of said Sum of money and indemnify said Levin Joynes tis also true this Respdt is in possession with her said children of the Land in the said Bill mentioned by this Respdt knows not of any payment being made to satisfy said mortgage Deed therefore cannot gainsay the foreclosure of any Equity of Redemption on said Mortgage which might have remained to said Reubin or his Representatives --- This Respdt does however claim and insist upon her right of Dower in the said mortgaged Land, This Respdt does agree to the foreclosure of the Mortgage under such regulations as may be thought most consistent with Equity by this worshipful Court saving to herself clear and undisturbed that part of the said Land which she is intitled as her Dower This Respdt would beg leave to propose to this worshipful court the appointment of certain persons whom they may deem for as Commissioners to dispose of the Lands to best advantage --- This Respdts prays therefore to be hence dismissed with her costs in this Behalf expended &c

vs. . . . . . . . Answer

The answer of Sally Joynes Daughter of Reuben Joynes decsd and Peggy Joynes is appointed Guardian for this purpose by the worshipful Court to Tabitha, Elizabeth, William and Elias Dunton Joynes Infant children of Reubin Joynes decsd to the Bill of Complt of Levin Joynes against them this worshipful court in Chancery exhibited These Respdts saving to themselves all Benefit of Exception to the said Bill of complt for answer to said Bill or so much thereof as they are advised in material for them to answer to answering say that they believe it true that said Reubin Joynes was indebted in his life time to said Samuel and Ann Outten to the Complt became his Security as set forth in his Bill and that the said Reubin Joynes executed and acknowledged a Mortgage Deed in manner and for the purpose mentioned in said Bill of Complt, these Respdts know not of any payment to being mad on said Mortgage or of any other means to redeem said mortgage but by sale of said Lands, these Respdts do however rely on this worshipful court, as Infant orphans are concerned, to pay the strict attention to thier Interests by decreeing disposal of said Lands by commissioners or there wise in such manner as this worshipful Court shall deem [-----] consistent with Equity --- These Respdts therefore pray to be hence dismiss'd with their costs &c

vs . . . . . . . . Answer
T. Underhill
Inty Decree

vs . . . . . . . . Papers
1790 Inty decree

To the worshipful Justices of Accomack county court in chancery The answer of Thomas Underhill admr of R. Joynes decsd to the Bill of Complt of Levin Joynes in the said court exhibited this Respdt saving to himself all manner of Benefit of Exception to the manifold Inperfections incertainties and untruths in the said Bill of complt contained for answer thereto or to so much thereof as in anywise material for him to answer unto answering saith, that He believes it to be true Reubin Joynes in the said Bill mentioned to whom he is administrator with the will annexed was indebted in his life time to Samuel and Ann Outten as set forth in the said Bill that said Levin became his Security and that the said Reubin Joynes to secure the paymt. of the said Sum of money and Indemnify said Levin did execute and deliver a mortgage Deed for certain Lands as set forth in said Bill of Complt --- This Respdt does not know of any payment having been made in the life time of said Reubin Joynes by the said Reubin, nor hat thsi Respdt paid any part of the said Debt since the said Reubin's death to the said, Samuel or Ann or said Complt --- This Respdt doth expressly aver that he hath not assets in his Hands to be administer'd of the said Reubin Joynes to redeem the said mortgage --- This Respdt therefore prays to be hence dismissed with his costs &c

At a Court of quarter Sessions held in Accomack County August the 31st 1789

vs . . . . . . . . Chancy
Joynes & al

Levin Joynes against . . . . . . . . In Chancy
Peggy Joynes & others Defendants

Decreed & ordered that the lands in the bill & answer mentioned be sold at public Sale on Six months credit (subject to the widows dower) on Monday the 21st day of September next and that Thomas Parker George Ler & Edward Revell by appointed commission to make Sale of the said Lands & make return thereof to the Court
Littleton Savage ClC

Gentlemen Commissioners
Thomas Parker
George Kerr
Edward Revell

By order of the Above

Messrs Levin Joynes
George Parker

To Mr. George Parker Attorney at Law Accomack County Whereas my Late Husband Ruben Joynes had made a Mortgage on a Part of his Land in his lifetime to Coll. Levin Joynes in Consideration of a Debt which Mortgage the Execr affirms the Estate is not able to Redeem In order the more speedily to Relieve the Mortgagee and make the most profit to the Estate We Peggy Joynes in behalf of his Infant Children Tabitha, Elizabeth William & Elias Dunton Joynes to whom I at Present Act as Guardian and intend to Qualify as such next Court and Sally Joynes Eldest Daughter of Ruben Joynes in behalf of herself Confess Judgment and Desire the Mortgage may be Fore Clos'd and the Land Condemn'd for use Asd. in the speediest and Cheapest manner and that the Court will be Pleasd by the Approbation of Coll. Joynes to Appoint a Commission or Commissioners to Make Sale of said Land for use Asd. Sign'd and dated this 26th of August Anno Dom 1789
Peggy Joyne
Salley Joyne

In Presence of
Thomas Underhill

NB. This Request of Mrs. Joynes is not to be understood as her relinquishing her right of Dower.

I hereby Certify that Personal Estate of Ruben Joynes is insufficient to Pay the Demands against
Thos. Underhill



Know all Men, by these Presents, that we John Parsons of Northampton County & George Smith (son of Henry) of Accomack County are held and firmly bound unto Thomas Parker George Ker & Edward Revell commissioners appointed by the Court of Accomack in Chancy to Sell pt. of R. Joynes land in the just and full Sum of Two Hundred & Thirty pounds Twelve Shillings Current money of Virginia in Specie to be paid unto the Commissioners their certain Attorney, their Heirs, Executors, Administrators, or Assigns to which Payment; well and truly to be made, we bund ourselves and each of us our Heirs, Executors and Administrators, firmly by these Presents. Sealed with our Seals, and dated this Twenty first Day of September Anno. Dom. One Thousand Seven Hundred and Eighty None --- The Conditions of the above obligation is such, that if the above bound John Parsons and George Smith do and shall well and truly pay, or cause to be paid unto the said Thomas Parker George Ker & Edward Revell Commissioners as aforesaid their certain Attorney, their Executors, Administrators, or Assigns the just sum of One Hundred & fifteen pounds Six Shillings currency as above in specie on or before the 21st day of March next then the above Obligations to be Void, or else to remain in full Force and Virtue.
John Parsons
George Smith

Sealed and Delivered
in the Presence of
J. R. Parker
Thomas Underhill


_____. Accomack County VA Chancery Causes, 1727-1805. Levin Joynes vs Admr of Reuben Joynes Etc 1789-013. Local Government Records Collection, Northampton County Records. The Library of Virginia, Richmond, Virginia. Accessed 4 January 2012.

© Copyright 2011-2012 by Gail M. Walczyk