Another Wise County, Virginia Chancery Case

Here are more chancery case documents from Wise County, Virginia. This file is dated 1860.

Calvin Landreth sued three men on behalf of Aaron Wright. The defendants were George W. Phipps, David C. Phipps, and James Kennedy. Who were these men?

There were multiple individuals named George Phips or Phipps in the area at one time or another. It would seem that the George W. Phipps of the chancery case was likely the one who appears to have been a son of David C. Phipps. David is, of course, specifically named in the case.

David C. Phipps was presumably the person of that name who lived in Grayson County, Virginia, and who was frequently represented in records with the “C.” middle initial. The initial supposedly stood for Cox, although this doesn’t appear to be necessarily proven.

David’s divorce from Dorcas Stamper became a matter for the Virginia state legislature to mull over, as we’ve discussed in past posts. He is supposed to have been a grandson of Samuel Phipps who died in 1854 in nearby Ashe County, North Carolina. David is supposed to have been a son of Samuel’s son John.

A past post included a transcription of an Ashe County, North Carolina bond in which David C. Phipps, along with Elizabeth White, Nancy Phipps, and Isaiah Long, were bound to the state.

The condition of the bond had to do with the appearance of Elizabeth White to answer charges of assault and battery in 1836. This Elizabeth White was presumably related to the Patsy White discussed in past posts, who married Joseph Phips, son of Samuel Phips of Ashe County.

The chancery documents also name James Kennedy. Various Phips or Phipps connections to the Kennedy family have been noted. James Kennedy is said to have married in Grayson County, Virginia and to have eventually ended up in Scott County, Virginia.

Calvin Landreth brought the suit on behalf of Aaron Wright. This is presumably the person of that name who supposedly was born in Burke (later Yancey) County, North Carolina. He is said to have lived for a time in Russell County, Virginia before moving to Pike County, Kentucky.

Landreth is one of those names which has come up multiple times when researching the Phips or Phipps family in the area of Ashe County, North Carolina and Grayson County, Virginia. We’ve noted numerous Burton connections, and a Thomas Landreth is supposed to have been born about 1780 in Grayson County. He is supposed to have married a Martha (“Patsy”) Burton.

Patsy is supposed to have been a daughter of John Pleasant Burton, who we’ve dealt with before. John made the trek from Ashe County, North Carolina to Lawrence County, Indiana, along with various other relatives. Burtons and Landreths also moved from the Ashe County, North Carolina to Lawrence County, Indiana during the 1st half of the 19th century (1800s).

Again, David C. Phipps was married to Dorcas Stamper. The bond mentioned above named a Long. Samuel Phips’s grandson John Meshack Phips married a Long whose mother was a Stamper. She was related to the Susannah Stamper who appears to have married John Pleasant Burton. There are other Stamper and Long connections to the Phips or Phipps family.

Here are records from the chancery case file from Wise County, Virginia:

[image 1 of 11 (file folder):]

1860-010

Chancery Causes: Calvin Landreth For Aaron Wright vs George W. Phipps etc.

[names in file:]

David C. Phipps, James Kennedy

25

[image 2 of 11 (appears to be a document label, with string attached, which presumably wrapped around the original records)]

Standing No. 25
In
Wise Circuit Court

[in margin: French P.A [presumably Prosecuting Attorney]
Calvin Landreth
vs
G. W. Phipps, et al
Bill in Chancery

Reference Docket No. 2 P296 L 11
1st Calling Term 1860
Decided Term 18[blank]

[image 3 of 11 (document label probably on back of document)]

[Y?]

Calvin Landreth
vs.
G. W. Phipps & others
25
Bill
Judgt. enclosed
January 16 [Rules?] 1860
Act for hearing

decree

Decided

[image 4 of 11:]

To the worshipful County Court of Wise County in Chancery Sitting

The bill of Complaint of Calvin Landreath who sues for the benefit of Aaron Wright of Said county respectfully represents that on the 28th day of May 1859 he obtained a Judgment before William Vanover a Justice in and for said county against George W. Phipps by the name of G W Phipps James Kennedy and David C Phipps by the name of D. C. Phipps for the sum of $40.00 with interest thereon from the 25th day of Decr. 1858 till paid And the costs 90 cents. Upon this Judgment an execution was issued and returned by the officer No property found, a copy of said Judgment & execution with the return of the officer is herewith filed Marked (A) and prays that the same may be taken as part of this bill your orator is informed that the said G. W. Phipps owns an interest (generally termed and Known as an improvement right) in a certain tract of land situate on the north side of the Pound river in the County of Wise containing about 150 acres more or less. And the said D. C. Phipps owns also an interest of the like nature in another tract of land adjoining the former and containing about the same number of acres. Your orator cannot make the amount of his aforesaid claim out of the Judgment [debtors? (which doesn’t make sense)] unless this the said tracts of land be subjected to the [Judgment?] of the same. His prayer therefore is that the said George W Phipps, David C Phipps and James Kennedy be made parties defendants to this bill and truly Answer the same on oath, that upon a final hearing the said tracts of land or so much thereof

[image 5 of 11:]

as may be sufficient be subjected to the payment of said Judgment & consequent costs, and grant such other and general relief as may be suited to his cause and is meet [i.e. fitting or appropriate] with equity. And have summon issued &c.

[signed:]
French

[image 6 of 11 (document label of back of sheet)]

Decree

[image 7 of 11:]

Aron Wright
against
George W. & David C. Phipps.
in chy [i.e. chancery]

This cause came on this day to be heard on the bill of complainant and exhibits filed and was argued by council And it appearing to the court that the proces [sic] in the cause was duly served on the defendants and they still failing to appear and answer the complainants bill the same is therefore taken for for [sic; word repeated] confessed and it further appearing to the court that the judgement against defendants in favor of Plaintiffs for the sum of $40.00 with interest thereon from the 25 day of December 185[8?] till paid & 90. cts [i.e. cents] costs is still unpaid & the defendants have no personal property out of which the said debt can be made. It is therefore ordered adjudged an [sic] decreed that [“Nehemiah Henderson” was crossed out and replaced by “Dar[won?] Ven[ters?]”] be and here is duly appointed a commissioner for the purpose to sell the defendents [sic] interest in the tracts of Land in the bill mentioned provided the said defendants do not pay the same in sixty days from this day or so much thereof as will be sufficient to satisfy said judgement & costs to gether [sic] with the costs of this suit, & expense of sale[.] The said Commissioner shall make sale of said land on some court day at the front door of the court house of said county in six months time to [?]ing bond with approved security having first advertised the sale for 30 days at least at the front door of the courthouse of said county and at two other public places in the neighborhood of said land, and that he report his proceedings to a future term of this court & the cause is continued

[image 8 of 11 (document label on back of sheet)]

Calvin Landrith [?]
vs [?] [?]
George W Phipps & [others?]

October Rules 1859

Executed on David C. Phipps George W Phipps & James Kenedy [sic] by delivering to Each of them a coppy [sic] of the within this 29[the?] of September 1859
[?]

[image 9 of 11:]

THE COMMONWEALTH OF VIRGINIA,
TO THE SHERIFF OF WISE COUNTY – GREETING:

You are hereby commanded to summon George W Phipps David C Phips [sic] & James Kenedy [sic] to appear at the Rules to be held in the Clerk’s office of the county Court of Wise county, on the first Monday in October next, to answer a bill in chancery by Calvin Landrith who sues for the benefit of Aaron Wright

And have then there this writ. Witness MORGAN T. LIPPS, Clerk of our said Court at the Courthouse, this 28th day of September 1859 in the 84th year of the Commonwealth.

M T Lipps C. C. [presumably Court Clerk]

[image 10 of 11:]

[written sideways across one panel of the folded document:]

No property found in my district this the 20 August 1859
Jacob Yates CWC

[document label on same sheet, written on another panel of the back of the folded document:]

Calvin Landers [sic; Landreth]
[Vrs?] Warrant

G. W. Phipps &
J Kanday [sic; Kennedy] &
DC Phipps
Executed by me
Jacob Yates C.W.C

Rec’d the 16 June [?]
at 7 O’clock in [?]
(A)

[image 11 of 11:]

Wise COUNTY, To wit: – To Jacob Yates, Constable of said County: I HEREBY COMMAND YOU TO SUMMON G. W. Phipps & James Kanday [sic; Kennedy] & D. C. Phipps if to be found in your district, to appear to William Vanovers in the said County, on the 28 day of May 1859, before me or such other Justice of the said County as may then be there to try this warrant, to answer the complaint of Calvin Landers [sic] upon a claim for money not exceeding fifty dollars, exclusive of interest, to wit, for the sum of $40.00 due by Note and then and there make return of this warrant. Given under my hand, this 14 day of May 1859.
William Vanover J. P.

Calvin Landreth
vs.
G W Phipps Jas Kenaday D C Phipps
(In debt.)
[2nd?]day of May 185[9?]
at William Vanovers

JUDGMENT that the plaintiff recover of the defendant $40.00 with interest from the 25 day of December 1858 till paid, and $.90 for his costs.
William Vanover J. P.

Wise COUNTY, to wit: – To Jacob Yates, Constable of said County: I COMMAND YOU, in the name of the Commonwealth of Virginia, that of the goods and chattels of G W Phipps James Kenaday & DC Phipps in your county, you cause to be made the sum of $40.00 with interest thereon from the 25 day of December 1858 till paid, which Calvin Landreth has recovered before Wm. Vanover in a warrant in debt, and also the sum of $.90 which were adjudged to the said Landreth for costs in prosecuting his said warrant. Given under my hand, this 7 day of June 1859.
William Vanover J. P.

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