French Family Association
The Official Website of the Surname French
Chart #14, James French of
Prince William County, VA
Overwharton, Stafford County, VA
and Montgomery Co. KY
Second Generation
This page updated by Mara French on 2/10/14. Numbers in brackets [ ] show the source material and refer to the bibliography. An asterisk (*) shows continuation of that line. Please send any corrections or additions to Mara French.
Contents
List of
Chart #14 Slaveholders and Slaves
French Family Slaveholders of Mulatto and Black
Slaves
Prince William
County Court Papers
DNA
Group 21 and Cross-Reference
chart
Generations: Index 1 2 3 4 5 6 7 8 9 10 11
Second Generation
Children of William French, 1.1
2.1* James French, b. 1680-85 [1] most likely in Ireland, but immigrated to Overwharton Parish, Stafford Co., VA, and became a tobacco planter. He m1. unk. probably in 1704 and she died by 1722, m2. Elizabeth in 1722 [1]. Elizabeth was his second wife, because his children were born approximately in 1705, 1711, 1713, and 1725 (Jane, Margaret, Mary Ann, and William).
James is listed on the Prince William Co., VA Quit Rent Rolls of 1738. He wrote his will on 2 Nov 1741 in May, Stafford Co., VA, and d. 3 May 1743 on his tobacco plantation in Prince William County, VA. Elizabeth was b. 1698 and d. 1768 in Prince William Co. [1] [14]. JamesÕ will was proved (probated) in Prince William County on 23 May 1743. He gave special bequests to his wife, Elizabeth, son William and daughter Mary Ann French. He states that if his son William died without heirs, his portion was to be auctioned off and divided equally between his wife (Elizabeth) and all his children (this is assumed to mean the children of daughter Mary Ann, and perhaps oldest daughter Jane who had died, and William who had children but not until after James died). His daughter Margaret is not specifically mentioned in his will, but she and her husband James Haggard clearly signed as witnesses to the will.
James French and his ancestors and descendants resided in the NE of Virginia, mostly in Prince William County.
Assumptions
ÒThe Field Family and The French-Henry FamiliesÓ by Charles K. Field, III, [1], states on p. 171 that James arrived in America from the North of Ireland in the very early 1700Õs and settled in Prince William County, VA. This statement indicates that both James and his father William were born in Ireland.
Checking ancestry.com for James in Ireland, only one record appears. This does in no way mean that this James is the one and only one who immigrated to America.
James French is first listed in Virginia on 22 Jan 1711 in connection with Henry Philkins (Eilkin) and Philemon Waters when he acquired land. This would suggest that James immigrated to America between 1700-1711. There is no record whatsoever that states that his father William ever lived in America, but documents concerning James exist that state JamesÕ father was William. Therefore, there may be a death or will of William in Ireland.
JamesÕ first marriage was by 1704 as in 1705 his daughter Jane was born. These dates are estimates. Jane lived to adulthood as she married Thomas Reno, but died shortly thereafter. JamesÕ next 2 children, Margaret and Mary, were born after 1711 and therefore born in America, and they married brothers, James and Richard Haggard. This could suggest that James immigrated alone between 1700-1704, or with a wife and child 1704-1711.
Land Deeds
Outline of homesteads:
1680-85 birth in presumedly Ireland
1703 James m1. unknown approximate time.
1704 James first child born
1711-1712 Stafford Co., VA James acquired land
1723 James traded 96 pounds of tobacco for 100 acres of fertile crop land, Prince William Co.?
1725 James in Prince William Co., VA
1738 James in Prince William Co., VA
1741 James wrote his will
1743 Prince William Co., VA James died.
1711 -- Philemon Waters I (1680-1753), Henry Philkins, and Lewis Reno.
In the Virginia Northern Neck Grants 1694 - 1742, Page 52. " Henry Philkins & Lewis Renoe of Stafford Co., Wrnt. 19 Oct. last (1711). Philkins assigned his right to James French of said Co. 22 Jan. last (1711). French assigned same to Philemon Waters of sd. co., 15 March last (1711) Reno & Walters returned Surv. by Mr. Thomas Hooper, 466 acres of land on Occaquan River, adj. Lewis Reno & Lewis Tacquett, Philemon Walters in Stafford Co., 30 June 1712." The new year began on April 1st and ended on March 31st prior to 1750.
1712 -- NORTHERN NECK GRANTS, VOL. 4, Page 94, 30 June 1712 HENRY PHILKINS & Lewis Reno of Stafford County, Wrnt. 19 October last (1711) Philkins assigned his right to James French of said County 22 January last (1712) French assigned same to Philemon Walters of said county 15 March last (1712), Reno & Walters returned survey by Mr. Thomas Hooper. 466 acres on Occaquan R. Adj. Lewis Reno & Lewis Tacquett, Philemon Walters in Stafford County, 30 June 1712.
1723 – James French, traded 96 pounds of tobacco for 100 acres of fertile crop land which he had contracted to pay off during the next four years [2]. This portion of land was part of Henry EilkinÕs property. In May 1723 James had contracted with William Dolehy, age 15, to plant 10,315 tobacco plants [3]. The law at the time passed by the House of Burgesses in order to Òimprove the staple of tobaccoÓ stated, Òthat all males between the ages of 10 and 16 could tend 3,000 plants, housekeepers could tend 10,000 plants, and all laboring people 6,000 plants and no moreÓ [1]. In this year of 1723, James is listed on the rental rolls in VA.
1725 -- In Deed Book A, Page 224-227 of Prince William Co., VA, Philemon Waters of Hamilton Parish to Gabriel Muffett – 130 acres of land for 1000 Pounds of tobacco. Part of a greater tract granted Philemon Waters on 8 Feb 1725 on the south side of Occaquan on a branch called PhilemonÕs. The 130 acres being laid out by Lewis Reno, Francis Reno, Philemon Waters, Jr., and John Mackmillion. Witness James French and Thomas Reno. Gabriel Muffett was in some way related to Philemon Waters. Cousins of Gabriel Muffett in his will dated 11 Jan 1758 were Edward Walkins, William Moore, and Lewis Reno.
1741 -- Land Survey for James French, Independence Hill, Prince William
Co, VA, Land Survey for James French, Independence Hill, Prince William Co, VA,
1741. Surnames:
Halley, Kannian, Cannon, Ridley, French, Barker,
Harrison, Waters, Hornby, Ashmore, More, Baylis, Martin, Hoomes, Lewis,
Ridley, Wood.
See Original on page 47.
James died on 3 May 1743. A land survey was performed
for James French in 1741, which states that ÒJames French was heir of William
French, deceased, and it doth not appear that William French ever had any right
to said land or that James French for whom the survey was made, claimed as heir
of William FrenchÓ. See the survey: PW
Reliquary Vol. 7 No 2.pdf.
DUMFRIES DISTRICT COURT (aka Virginia District
Court of cases originating in the counties of Fairfax, Fauquier, Loudoun, and
Prince William)
LAND CAUSES, 1793-1811
Transcribed by William M. Balderson,
Jr.
Edited by Charlotte Cain and Bev Veness
(Continued from vol. 7, no. 1)
[Page 172] [Marginalia] HOOMES vs. RENOE
[continued]
Papers referred to in the foregoing Bill --
[Simple plat with names of surrounding land as belonging to: Wm HALLEY, Henry HALLEY Jr, Luke KANNIAN [CANNON] and Wm RIDLEY.]
By Virtue of a warrant from
the Proprietors Office granted unto James FRENCH of the County of Prince
Wm. Surveyed one Certain piece or parcel of Land situate in the Said County
lying on and between the Lines of Wm HALLEY, Leonard
BARKER, Bur Colbert HARRISON[,] Wm
RIDLEY, John ASHMORE, Philemon WATERS Junr &
Henry HALLEY now the said FRENCHÕs & HORNBY bounded Vizt Beginning at (A) a black Oak near a white Oak Cornr to the land taken up by Wm
HALLEY decd & in the line of the land surveyed
for Luke CANNON, Extending thence with or near the said HALLEYs line No
55½ Et 248 po. to (B)
the Line of Henry HALLEY Junr thence with his line
So40 Et36 po. to 2 white
Oaks by a branch his Corner Thence the said Course Continued 88 po to (C) a box Oak in or near the line of Wm RIDLEY thence with his line So44½ W32 po. to (D) a Red oak Corner to the
said RIDLEY thence with another of his lines So10 W22 po.
to (E) the line of Luke CANNON Thence West 254 to the
Beginning Containing one hundred Twenty Eight Acres.
The above Courses were Run by Mr Geo. BYRN for me Jno WARNER Survr Dec ye 22 1741, William
MORE JD }
John MORE
} Chainmen
A Copy
of a Forfeited Plat.
Endorsed on the back. --
ÒJames FRENCHÕs Plot
128 acres Exd B. MARTIN. Desired to be made out in Thos RENOEÕs Name.
Mr BAYLIS to pay
To be Drawn
----
Copies
Exd B MARTIN.Ó
[Marginalia] Thomas HOOMES Junr Patent for 128 acres.
James WOOD esquire,
Lieutenant Governor of the Commonwealth of Virginia, To all To whom these
Presents shall come, Greeting: Know ye, that by virtue of Warrant issued from
the late proprietors Office in Northern Neck and in Consideration of the
Ancient Composition of fifteen Shillings Sterling paid by Thomas HOOMES Junr into the Treasury of this Commonwealth there is
Granted by the said Commonwealth unto the said Thomas HOMES Junr
assignee of Stephen FRENCH heir at law of James FRENCH decd who was heir at law of William FRENCH deceased
a certain tract or Parcel of land Containing one hundred and Twenty eight Acres
by Survey bearing date the Twenty Second day of December One thousand seven
hundred and forty one lying and being in the County of Prince William on and
between the lines of William HALLEY, Leonard BARKER, Bur Colbert HARRISON
William RIDLEY, John ASHMORE, Philemon WATERS Jr
Henry HALLEY now the said FRENCHÕs and HORNBY and bounded as followeth to Wit Beginning at a black Oak near a White Oak
corner to the Land taken up by William HALLEY decd
and in the line of the land Surveyed for Luke CANNON extending thence with or
near the said HALLEYs line No55½ E248 poles to the line of Henry HALLEY Junr thence with his line S40 E36 poles to 2 White Oaks by
a branch his corner thence the said Course Continued 88 poles to a box oak in
or near the line of William RIDLEY thence with his line S44½ W32 poles
to a Red oak Corner to the said RIDLEY thence with another of his lines S10 W22
poles to the line of Luke CANNON thence W254 poles to the beginning With its
appurtenances. To have and to hold the said Tract or parcel
of Land with its appurtenances to the said Thomas HOMES Jr
and his heirs forever. In Witness Whereof the said James WOOD Esquire
Lieutenant Governor of the Commonwealth of Virginia, hath hereunto set his hand
and caused the lesser seal of the said Commonwealth to be affixed at Richmond on
the Twenty Sixth Day of May in the Year of our Lord, One Thousand Seven hundred
and Ninety four, and of the Commonwealth the Eighteenth
{L.S.} James WOOD
Endorsed on the back
ÒThomas HOMES Jr is entitled to the within mentioned Tract of Land. Charles
LEWIS Re L Off.[Ò]
SOURCE: Dumfries District
Court, Land Causes, 1793-1811.
1741 -- On 22 Oct 1741 in Prince William Co., VA, Deed Book E, page 495, James French of Hamilton Parish, Prince William Co., VA, deeded 130 acres to Leonard Hornsby, a tailor, with witnesses William Moore, Thomas Reno, and George Bryn. See this website: http://files.usgwarchives.net/va/princewilliam/deeds/h4520001.txt. This deed was written only a week before James wrote his will; therefore, he may not have been in good health. Leonard Hornsby came to America from England in 1735. James French immigrated long before this, in at least 1704 because his daughter was born in Virginia.
For Dec 22, 1741 court cases and the will of James French, see PW Reliquary Vol. 7 No 2.pdf.
Prince William County Deed Book E
1740-1741. This Indenture made the 22d day of October in the year of our
lord one thousand seven hundred & forty one Between James French of
the Parish of Hamilton & County of Prince William of one part and Leornard Hornsby of the said County Taylor of the other
part Witnessth that Whereas Henry Halley deced by Will devised to his Son Francis Halley & his
two Daughters Mary & Sibella a certain tract of
land lying on the South side of Occoquon Main Run on
the branches of it & on the head of the North Run of Quantico in the County
of Stafford now Prince William containing three hundred and thirty acres of
land to be divided equally amongst them & the said Francis Halley dying
before he came of age the said James French bought his part from their
Brother Henry Halley Eldest Son of Henry Halley deced
& also bought another third part from Edward Holmes & Sibella his wife youngest Daughter of the said Henry Halley
deced by which he became possessed of the said land
& that Leornard Hornsby became possessed of the
other part of the said Land by purchase from Edward Vilet
& Eleanor his Wife who purchased the said land from Zacharias Miles &
Mary his Wife the said Mary being the Eldest Daughter of the said Henry Halley deced yet the said land was never Divided Now to the intent
that the said land be Divided between the said James French &
Leonard Hornsby that they may henceforth enjoy the Severalty without
disturbance of the other of them that they the said James French & Leornard Hornsby by their agreement & by mediation of
certain friends indifferently chosen & elected between them have made a
division in manner as hereafter mentioned Vizt the divinding line begining at a
white oak standing in the Line of the said Tract the courses whereof is No.
West from a white oak on a Branch of Quantico corner to the said Tract thence
with the first mentioned white Oak through the said Tract No. West to a red Oak thence No. West to a white Oak thence
North West through the Tract to the line the said Tract & that the said James
French shall have for his part of the land all that parcel that is on the
North side of the said Line be the said Quantity of Land good or bad more or
less To Have and To Hold the said land with all its woods & other
appurtenances thereunto belonging to the said Land & divided from the part of
him the said Leonard Hornsby & that he the said Leornard
Hornsby shall have for his parcel of the said land all that part that is on the
South side of the said Line by the said Quantity of land good or bad more or
less To Have and To Hold the same forever in Severalty & divided from the
part of him the said James French. In Witness whereof the parties to
these presents have set their hands & Seals in presence of us William More,
Thomas Reno, George Bryn. James his mark French
1741 November 2 -- James Haggard and wife Margaret M. (French) Haggard and John Moor witnessed the will of James I. French of Prince William County, Va, probated 23 May 1743. Special bequests were made by James I. French to his wife Elizabeth, son William and daughter Mary Ann French. If son William French died without heirs his portion was to be auctioned off and divided equally between his wife and "All my children." (This would be his wife Elizabeth, daughter Mary Ann French, Margaret M. (French) Haggard wife of James Haggard, Jr., and Richard Haggard's wife (unless she was Mary Ann French).
NORTHERN NED GRANTS VOL 1 1694-1742. (4-95) Henry Philkins & Lewis Reno of Stafford Co. Wrnt. 19 Oct last. Philkins assigned his right to James ffrench of said Co. 22 Jan last. French assigned same to Philemon Walters of said Co. 15 Mar Last. Reno & Walters returned Surv. By Mr. Thomas Hooper. 466A on Occaquan R. adj. Lewis Reno & Lewis Tacquett, Philemon Walters in Stafford Co. 30 June 1712.
Will of James French, written 2 Nov 1741
[Marginalia] James FRENCHÕs Will
The following are Copies of the Exhibits [inserted words] not
particularly refered to [end of insertion] and of
Depositions [inserted word] filed. Vizt
In the Name of God Amen I James FRENCH of Prince Wm County in Virginia being sick an weak in body but in perfect Sence and Memory praised be to God for the same but Calling to mind the Mortality of my body that all flesh is born to die, I do make ordain and appoint this my last Will and Testament in manner and form following. Vizt. First I bequeath my Soul into the hands of Almighty God my maker hopeing through the Meritorious death and passion of Jesus Christ my Saviour and Redeemer to Receive free pardon and forgiveness for all my Sins and Offences and me body I Commit to the earth from Whence it was taken to be decently interred in Christian manner at the discretion of my Executors hereafter mentioned and for What Worldly Goods it hath pleased God to bestow upon me, that no Strife may arise thereabout hereafter I dispose of as followeth. Imprimis ~ First I bequeath to my Son William FRENCH my Riding horse bridle and Saddle and the best feather bed and boulster and Rug and pair of blanketts and pair of Sheets, belonging to me at this Time and all my wearing clothes & Two cows & Calves and my two hunting Guns and the Chest and lock and Key which is called mine and one large trunk and lock and key and three Gallon pewter bason and two large pewter dishes and six pewter plates and one pewter tankard one large Iron pot and one Small One two Sows and piggs and all my Carpenters and Coopers tools and one frying pan and one Iron Candlestick and a new pair of Sheets and three leather bottomÕd chairs and high Standing bedstead and one Chafing dish and all my Shoemakers tools.
Item. I likewise give and bequeath to my Son William FRENCH my now dwelling plantation and all the Land thereunto belonging to him and his heirs lawfully begotton and in Case he dies without such heirs, then all that is bequeathed to him to be sold to the highest bidder and the purchase thereof be Equally divided between my wife and all my Children, that shall be then living.
Item I give and bequeath to my loving wife Elisabeth to live upon the plantation without Mallestation [during?] her Widdowhood. Item All the Residue of my personal Estate after my debts legacys and funeral charges are all paid I give to be Equally divided between my loving wife Elisabeth and my daughter Mary Ann FRENCH. Further my desire is that none of my Estate be appraised nor Sold, and I do appoint Leonard HORNSBY* & John METCALF to be Executors of this my last will [sic] and Testament utterly revoaking and disannulling all former Wills by me made allowing and Confirming this and no other to be my last Will and Testament. In Witness whereof I have hereunto Set my hand and affixt my seal this 2nd day of November one Thousand Seven hundred and Forty one.
John his I mark FRENCH {seal}1
[Witnesses]
James HAGGARD
John his J mark MOORE
Margaret her M mark HAGGARD
At a Court held for the County of Prince
William the Twenty Third day of May 1743.
This will was presented in Court and proved by the Oaths of James HAGGARD and Margaret HAGGARD two of the Witnesses (who also made Oath that they saw John MOORE the other Witness Subscribe his name as an Evidence thereto) it was admitted to Record Leonard HORNSBY and John METCALF Executors
[Page 181]
Therein named refused the burthen of the Executorship on the of William
FRENCH and Jarvis DOGGARTY and their giving Security for their Just and
faithful administration of the Testators Estate Certificate was Granted them
for obtaining letters of Administration with the Will annexed in due form.
Signature copied in error. Recorded will is extant, correctly signed as James (his mark: I) French. See Prince William County Will Book C: 421-423. See also John Frederick Dorman, Prince William County, Virginia, Will Book C, 1734-1744 (Washington, D.C.: J.F. Dorman, 1956), 99-100.
*Leonard Hornsby was born in 1699 in See, Lincolnshire, England. He immigrated to Prince William Co., VA, in 1735 at the age of 36. He lived in Frederick Co., VA, as early as 1759. By 1773 he lived in Prince William Co., VA, and he died in 1779 in the Camden District of South Carolina, having given all his land in Prince William County in Virginia to his son William, his eldest child.
Death
James died on 3 May 1743. A land survey was performed
for James French in 1741, which states that ÒJames French was heir of William
French, deceased, and it doth not appear that William French ever had any right
to said land or that James French for whom the survey was made, claimed as heir
of William FrenchÓ. See the survey: PW
Reliquary Vol. 7 No 2.pdf.
DUMFRIES
DISTRICT COURT
LAND CAUSES,
1793-1811
Transcribed
by William M. Balderson, Jr.
Edited by Charlotte Cain and Bev Veness
(Continued
from vol. 7, no. 1)
[Page 172]
[Marginalia] HOOMES vs. RENOE [continued]
Papers refered to in the foregoing Bill --
[Simple plat
with names of surrounding land as belonging to: Wm
HALLEY, Henry HALLEY Jr, Luke KANNIAN [CANNON] and Wm RIDLEY.]
By Virtue of
a warrant from the Proprietors Office granted unto James FRENCH of the
County of Prince Wm. Surveyed one Certain piece or parcel of Land situate in
the Said County lying on and between the Lines of Wm
HALLEY, Leonard BARKER, Bur Colbert HARRISON[,] Wm RIDLEY, John ASHMORE, Philemon WATERS Junr & Henry HALLEY now the said FRENCHÕs &
HORNBY bounded Vizt Beginning at (A) a black Oak near
a white Oak Cornr to the land taken up by Wm HALLEY decd & in the line
of the land surveyed for Luke CANNON, Extending thence with or near the said HALLEYs
line No 55— Et 248 po. to
(B) the Line of Henry HALLEY Junr thence with his
line So40 Et36 po. to 2
white Oaks by a branch his Corner Thence the said Course Continued 88 po to (C) a box Oak in or near the line of Wm RIDLEY thence with his line So44— W32 po. to (D) a Red oak Corner to the
said RIDLEY thence with another of his lines So10 W22 po.
to (E) the line of Luke CANNON Thence West 254 to the
Beginning Containing
[Page 173]
one hundred
Twenty Eight Acres.
The above
Courses were Run by Mr Geo.
BYRN for me Jno WARNER Survr
Dec ye 22
1741
William MORE
JD }
John MORE } Chainmen
A Copy of a Forfeited Plat.
Endorsed on
the back. --
ÒJames
FRENCHÕs Plot 128 acres Exd B. MARTIN
Desired to
be made out in Thos RENOEÕs Name.
Mr BAYLIS to pay
To be Drawn ----
Copies
Exd B MARTIN.Ó
Hoomes vs. Renoe 1794
Papers refered to in the foregoing Bill -- [Simple plat with names of surrounding land as belonging to: Wm HALLEY, Henry HALLEY Jr, Luke KANNIAN [CANNON] and Wm RIDLEY.] By Virtue of a warrant from the Proprietors Office granted unto James FRENCH of the County of Prince Wm. Surveyed one Certain piece or parcel of Land situate in the Said County lying on and between the Lines of Wm HALLEY, Leonard BARKER, Bur Colbert HARRISON[,] Wm RIDLEY, John ASHMORE, Philemon WATERS Junr & Henry HALLEY now the said FRENCHÕs & HORNBY bounded Vizt Beginning at (A) a black Oak near a white Oak Cornr to the land taken up by Wm HALLEY decd & in the line of the land surveyed for Luke CANNON, Extending thence with or near the said HALLEYs line No 55— Et 248 po. to (B) the Line of Henry HALLEY Junr thence with his line So40 Et36 po. to 2 white Oaks by a branch his Corner Thence the said Course Continued 88 po to (C) a box Oak in or near the line of Wm RIDLEY thence with his line So44— W32 po. to (D) a Red oak Corner to the said RIDLEY thence with another of his lines So10 W22 po. to (E) the line of Luke CANNON Thence West 254 to the Beginning Containing one hundred Twenty Eight Acres. The above Courses were Run by Mr Geo. BYRN for me Jno WARNER Survr
Dec ye 22 1741
William MORE JD }
John MORE } Chainmen
A Copy of a Forfeited Plat.
Endorsed on the back. --
ÒJames FRENCHÕs Plot 128 acres Exd B. MARTIN
Desired to be made out in Thos RENOEÕs Name.
Mr BAYLIS to pay
To be Drawn ----
Copies
Exd B MARTIN.Ó
Thomas HOOMES Junr Patent for 128 acres
James WOOD esquire, Lieutenant Governor of the Commonwealth of Virginia, To all To whom these Presents shall come, Greeting: Know ye, that by virtue of Warrant issued from the late proprietors Office in Northern Neck and in Consideration of the Ancient Composition of fifteen Shillings Sterling paid by Thomas HOOMES Junr into the Treasury of this Commonwealth there is Granted by the said Commonwealth unto the said Thomas HOMES Junr assignee of Stephen FRENCH heir at law of James FRENCH decd who was heir at law of William FRENCH deceased a certain tract or Parcel of land Containing one hundred and Twenty eight Acres by Survey bearing date the Twenty Second day of December One thousand seven hundred and forty one lying and being in the County of Prince William on and between the lines of William HALLEY, Leonard BARKER, Bur Colbert HARRISON William RIDLEY, John ASHMORE, Philemon WATERS Jr Henry HALLEY now the said FRENCHÕs and HORNBY and bounded as followeth to Wit Beginning at a black Oak near a White Oak corner to the Land taken up by William HALLEY decd and in the lineof the land Surveyed for Luke CANNON extending thence with or near the said HALLEYs line No55— E248 poles to the line of Henry HALLEY Junr thence with his line S40 E36 poles to 2 White Oaks by a branch his corner thence the said Course Continued 88 poles to a box oak in or near the line of William RIDLEY thence with his line S44— W32 poles to a Red oak Corner to the said RIDLEY thence with another of his lines S10 W22 poles to the line of Luke CANNON thence W254 poles to the beginning With its appurtenances. To have and to hold the said Tract or parcel of Land with its appurtenances to the said Thomas HOMES Jr and his heirs forever. In Witness Whereof the said James WOOD Esquire Lieutenant Governor of the Commonwealth of Virginia, hath hereunto set his hand and caused the lesser seal of the said Commonwealth to be affixed at Richmond on the Twenty Sixth Day of May in the Year of our Lord, One Thousand Seven hundred and Ninety four, and of the Commonwealth the Eighteenth
{L.S.} James WOOD
=====
Endorsed on the back
ÒThomas HOMES Jr is entitled to the within mentioned Tract of Land.
Charles LEWIS Re L Off.[Ó]
1796 – Defendant Dedimus
In Court March 1796 On Motion of the Deft Defendant Dedimus is Granted him to take the
Deposition of John MOFFITT de bene esse (affidavit filed).
=====
At Rules held March & April 1796 Contd for ansr
[Page 175]
At Rules held May 1796 Attachment for Answer
June Ò Answer filed and time for Replication
=====
The Answer is in the the [sic] Words &
figures following Vizt
[Marginalia] Enoch RENOEÕs answer
The Plea & Answer of Enoch RENOE to the bill of Complaint exhibited
against him in the County Court of Prince William by Thomas HOOMES Jr. This defdt now and at all times
Saving and reserving to himself all manner of benefit and advantage of
Exception to the manifold errors imperfections and untruths in the Complainants
bill of Complaint for plea saith that if the
Complainant hath a title to the land in his bill mentioned under the Entry and
Survey made for James FRENCH he hath a plain and adequate Remedy
at Common law by Ejectment to recover the possession thereof Wherefore he prays
Judt whether the said
Complainant ought to sustain his bill aforesaid in this Court but should this
Worshipful Court be of Opinion that the Complainants bill ought to be Sustained
in this Court This defendant for Answer thereunto or to So much thereof as he
is advised is material and Necessary for him to make Answer unto answereth and saith that he
admits that it appears by a Copy of the Survey signed by Thomas Bryan MARTIN
and refered to in the Complainants bill that the land
in the bill mentioned was surveyed by Virtue of a Warrant from the proprietors
office for James FRENCH the 22nd December 1741 but this defendant
further says that it appears by said Copy that the said Survey was afterwards
forfeited. This defendant further answering saith
that he doth not know
[Page 176]
know [sic] that the said James FRENCH
gave or sold his Right to said Survey to Thomas RENOE or that John BAYLIS
undertook to pay the Composition money but be that as it may It doth not appear
that the Composition money was ever paid to the proprietor and for that cause
this Defendant presumes the Survey became forfeited agreeable to the Rules
established in the proprietors office. This defendant Says that he doth not
know or believe that the said Thomas RENOE ever moved on the land and built
houses thereon and made other improvements or ever resided thereon on the
Contrary this defendant has understood from Ancient Neighbours
that the said Thomas RENOE never did move or reside on said lands. This
Defendant admits it may be true that the said Thomas RENOE at the time of his
death left the Children mentioned in the Complainants bill and that Lewis and
Thomas afterwards departed this life without Issue but this defendant doth not
know or admit that the Complainant purchased the Claims of Catharine CARGYLE
Margaret LEE and Mary HOOMES to Said land or that they ever had any Claim to
it. This defendant doth not know or admit that Stephen FRENCH from whom
the Complainant pretends to have purchased was the heir of the aforesaid James
FRENCH for whom the aforesaid Survey was made but on the Contrary has
always understood that James FRENCH son of William FRENCH was the
heir of the said James FRENCH. And if the fact is so as this defendant
Verily believes it is the Complainant must have Obtained his patent by fraud
and Misrepresentation And this
[Page 177]
Defendant is advised that the Patent under which the Complainant Claims
can give him no right or title to the land Surveyed for James FRENCH in
1741 because it is Granted to him as assignee of Stephen FRENCH heir at
law of James FRENCH deceased who was heir at law of William FRENCH
deceased and it doth not appear that William FRENCH ever had any right
to said land or that James FRENCH for whom the Survey was made, claimed
as heir at Law of William FRENCH, but on the Contrary that he Claimed by
Virtue of a Warrant granted to himself, and therefore this defendant humbly
Conceives that the patent under which the Complainants claims give him no right
or Title to the lands which had been before regularly granted to this
defendant. This defendt further says that he
denies that he knew of any existing Claim or Title to said Land at the time he
located and Surveyed and obtained a patent for the same but admits that he had
often heard it mentioned in the neighbourhood that Old
James FRENCH many years ago had made an entry of said Land and afterwards
gave it up and that the entry was out of Date and forfeited which Report was
Generally believed in the neighborhood. This Defendant denies that he used any
art deceit or fraud in Obtaining a patent for said land, this defendant says
that it was generally known in the neighbourhood that
he had located Said land and the Survey thereof was publickly
made and must have been known to the Complainant and Stephen FRENCH as
well as the other neighbours and if either the
Complainant or Stephen FRENCH had at that time any right or title to the
land they ought to have entered a Caveat against a patents
[Page 178]
patents [sic] issuing for it to the defendant[.] This
defendant says he believes and thinks he can prove that we [sic, the]
Complainant well knew that the defendant had obtained a patent for said Land
before he pretended to purchase Stephen FRENCHÕs right to said Land and
that he did not Give more than three or four Dollars for it the said Stephen
FRENCH well knowing and believing that he had no right to the Land. Which
purchase this defendant is advised is contrary to Law and Cannot convey any
right to the Complainant the said Stephen being then out of possession of said
Land and this defendant in possession thereof, and this defendant hopes and
believes that this Worshipful Court will not give their aid to establish a
claim which has laid dormant more than fifty years and appears by the papers
produced by the Complt to have been
forfeited and attempted to be revived by the Complainant in an Illegal manner
after this defendant had Obtained a Patent for said land. This defendant denies
all Combination and fraud and prays to be hence dismissed with his Reasonable
Costs by him in this behalf expended.
Enoch RENNOE
Prince Wm to Wit
Enoch RENOE personally appeared before me and made oath on the Holy
Evangelists of that the several matters set forth in the foregoing Answer as of
his own knowledge true and that all other matters therein set forth he believes
to be true Given under my hand this 7th day of June 1796
Alexander LITHGOW
=====
At Rules July 1796 Contd for Replication
=== August Sept, Oct, Nov. & Decr Do
[Page 179]
At Rules held January 1797. Contd for replication
February Ò Do
March April, & May - Do
June & July - - - Do
Augst & Septr - - Do
October & Novr - - - Do
Decr - 1797 Genl Repln & Genl Dedimus
Jany & Feby 1798 Contd for Depositions
March April & May - - Do
June, Set for hearing on bill answer depositions and Exhibits
Generations: Index 1 2 3 4 5 6 7 8 9 10 11