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James Halley

Depositions of James Halley
Contributed by Rhoda Taylor Fone


Deposition of James Halley, (Sr.)

Washington Manuscripts #243, P B-front

Marshall vs. Darrell-1748


" James Halley, aged 40 years being this day produced as a witness on the lands in controversy between Thomas Marshall, Pltf. and Samson Darrell, Deft. being sworn and examined on behalf of the Plntff. saith the point where John Gist now lives just below a branch was first claimed by Mr. Darrell, father of the present deft. and that Henry Hawley, Grandfather to the Deponent, told him----that in said Henry Hawley was one of the first inhabitants settled on Spencer's land. that he ( Halley) heard his grandfather say several times ------."


(Note from Rhoda: Also, we know that James Halley was a nephew to Walter Griffin. Walter Griffin's will seems to be missing but we have the following:)


(Prince William Co., Va., DB ?B, pp. 100-103)  Aug. 16, 1733.

Wm. Hogan of Pr. Wm. & Elizabeth his wife to Mary Griffin of same for 10pds., 315 acs. on head branch of Popeshead Run & between the upper most great fork of sd. run, granted to Walter Griffin, Jr. & Benja. Griffin & by death of Benja. coming to sd. Walter except 100 acs. devised by will of Walter to Jas. Halley & the residue thereof to Elizabeth, only sister & heir of Walter Griffin, after the death of Thos. Simpson deceased whom the same was devised during life by Walter Griffins last will.  Deeds of lease & release        /s/ Wm. (W.H.) Hogan   Eliz. (E) Hogan Added to deed: ...during her natural life & after her decease to the only proper use of Wm. Elzey son of Lewis Elzey & his heirs. Wit: Geo: Mason, Jas. Gib, W. Watson Acknowledged Aug. 17, 1733 (Note from Rhoda:  We have not figured out the identity of the Thomas Simpson mentioned above.)


(This is from Sparacio's Prince William County Land Causes, 1789-1790, pp. 65-66)  Apr. 29, 1788.

The deposition of Jas. Hally, aged about 81 years...This Deponent being first sworn on the Holy Evangelists deposeth & saith that about 55 years ago this Deponents Uncle Walter Griffin, who is now deceased told this Deponent that he was on a Survey made by the Fitzhughs of the Ravensworth Tract of Land on which Survey Thos. Owsley was Pilot, that the number of poles called for in the Patent run out on a Stony Ridge that they made a stand there for sometime & then Thos. Owsley piloted them to a Poplar which now stands in the Defts Lewis Saunder Plantation in a hallow which Poplar the said Walter Griffin shewed to this Deponent & told this Deponent that the said Poplar was marked in the aforesaid Survey as a Corner of the Ravensworth Tract & not before & from that time the aforesaid Poplar was called Fitzhughs Poplar...




James Halley Lawsuit
Contributed by Rhoda Taylor Fone
VIRGINIA COUNTY COURT RECORDS

ABSTRACTS of LAND CAUSES

PRINCE WILLIAM COUNTY, VIRGINIA

1789-1790


Edited & Published by Ruth & Sam Sparacio
THE ANTIENT PRESS
Copyright 1992
Reprinted by permission, www.AntientPress.com


Part of the Book. Prince William County Land Causes 1789-1793

              (All Land Causes set for trial in this book are for land to be

                found in Fairfax, Fauquier or Loudoun Counties. The District

                Court was located at Dumfries. Prince William County, Virginia.)


Wills to be found in this book:

William Triplett dated 10 May 1748, recorded in Prince William County Court                pp. 1 -3

Samuel Sneed dated 31 January 1689 recorded in Stafford County Court                       pp. 22-23

Henry Thompson dated 23 October 1692 recorded in Stafford County Court                 pp. 23-24

Richard Johnston dated 14 February 1751 recorded in Prince William County Court       p. 32

James Robertson dated 4 September 1768 recorded in Fairfax County Court                  p. 90

John Awbrey dated 5 February 1743/44 recorded in Fairfax County Court                     pp. 76-78

Francis Awbrey dated 14 December 1741 recorded Prince William County Court          pp. 81 -83

John Alexander dated 25 October 1677 recorded Stafford County Court                        p. 90

Robert Alexander dated 22 December 1703 recorded Stafford County Court                 pp. 97-98

John Alexander (Mentioned) dated 28 April 1735 recorded Stafford County Court         p. 40

John Alexander Senr. dated 16 October 1763 recorded Stafford County Court               pp. 84-85


   -18-                                     PRINCE WILLIAM COUNTY LAND CAUSES 1789-1793


Pursuant to an Order of the Honble. the Genl. Court to me directed dated (blank)JAMES HALLEY Plaintiff and JAMES LONG Defendt., in Ejectment having given the Deft. legal notice appeared by a Deposition in the Survey and he refusing to attend, I met on the premises on the 9th day of July 1788, where was also the Plantiff, the Sherif of the County & others and by the directions of the Plt. and a Letter from his Attorney. CHARLES LEE Esqr. giving directions also we made the survey the same way as it was made when the Plaintiff recovered the same Land of one SMOOT., (the description follows)


Surveyed by CORNELIUS KINCHELOE. Surveyor of Prince Wm. County

                                          July 10th 1788.

JAMES PARSONS and JOHN MATTINLY Sworn Chain men.

(Page 36 contained a detailed drawing the Survey.)


OCTOBER 1790

Pleas at Prince William County Court House before the Justices of the said County Court on the first Monday in May in the Ninth year of the Reign of our Sovereign Lord George the Third by the Grace of God of Great Britain, France and Ireland, King Defender of the Faith &c., and in the year of our Lord one thousand seven hunred and Sixty nine


          Aminidal Seekright by WILLIAM ELLZEY his Attorney came and brought into the said Court there a certain Bill against Ferdinando Dreadnaught in Custody &c., of a plea of Trespass and Ejectment of Farm and there are pledges of prosecuting to wit ,John Doe and Richard Roe which Bill follows in these words; Prince William, to wit, Aminidal Seekright complains that Ferdinando Dreadnaught in custody &c. for that Whereas JAMES HALLEY on the first day of January 1757 at the County aforesaid had demised granted and to farm let unto the said Aminidal two messages & three hundred acres of land, Thirty acres of Meadow and Thirty acres of Pasture, situate in County aforesaid To have and hold the said messuages with the appurtenances unto said Aminidal and his assigns from the tenth day of May then last past for the full term of Twenty years from thence next ensuing fully to be ended; by virtue of which demise the said Aminidal entered into the tenements aforesaid with the appurtenances on the said first day of January in the year aforesaid and was thereof possessed until the said Ferdinando afterwards, to wit, the time and place last mentioned with force and arms &c. entered into the tenements aforesaid with the appurtenances in and upon the possession of said Aminidal and his term therein in then nor yet ended ejected and amoved and still doth hold out and other wrongs harmes and other enormities to the said Aminidal did and there against the peace of our Sovereign Lord the now King andto the damage of the said Aminidal one hundred pounds; And thereupon he brings suit &c. ELLZEY for the Plts. pledges J. Roe and R. Roe you may perceive by the above Declaration in Ejectiment that I am sued for the premises or some part thereof to which I have no title; If therefore you claim any thereto and you intend to defend it you must appear at the next Court to be held for the County of Prince William and make your Defence or I shall suffer Judgment to pass against me by Default and you will be turned out of possession. Ferdinando Dreadnaught, 25th April 1769;


           To Mr. HUMPHREY WARREN Tenant in possession of the premises or some part thereof Prince William Sc WILLIAM CARR hath made oath before me the Subscriber one of his Majestys Justices of the peace for the said County that he delivered to HUMPHREYWARREN a true copy of the above and read the same to him on the premises the 26thApril 1769 DANL PAYNE. And the said Ferdinando Dreadnaught being solemnly called and failing to appear, it is considered by the Court that unless the said HUMPHREYWARREN or those under whom he claims (having legal notice of this order) do appear



-19-                                         PRINCE WILLIAM COUNTY LAND CAUSES 1789-1793


at next Court and make him hor or themselves Defendant or Defendants in the Cause plead the general issue, confess lease Entry and Ouster and do insist only on the Title at Trial. Judment shall be given for the Plt. and his Majestys Writ of habere facias possessionem awarded;


           And now here at another day to wit the Eighth day of August in the Ninth year of the Reign of his present Majesty. EDWARD SMOOT came into Court and prayed to be admited Defendant in the room of the said Ferdinando Dreadnaught; Whereupon it is ordered by the Court with the consent of WILLIAM ELLZEY, Attorney for the Plt.. and CUTHBERT BULLITT, Attorney for the said EDWARD SMOOT shall be admited Deft. who will immediately appear and receive a Declaration and plead there to the general issue and at the trial thereupon to be had. the said EDWARD SMOOT will appear in proper person or by his Attorney and confess Lease Entry and actual expulsion and will insist only upon the Title on the Trial or that in default thereof Judgment shall be entered against Ferdinando Dreadnaught the Casual Ejector but further procedure is to be stayed against him untill the said EDWARD SMOOT shall make default in any of the premises and by the like consent; It is further ordered by the Court that the said EDWARD SMOOT shall take no advantage against the Plt. for his not prosecuting upon the Trial if occasioned by such default but that the said EDWARD SMOOT will pay the Plt. his costs thereupon to be taxed; And it is further ordered that the Lessor of the Plaintiff be chargeable with the payment of costs to the Defendant to be taxed or adjudged by the Court.


           And the aforesaid EDWARD SMOOT by CUTHBERT BULLITT his Attorney comes and defends the force and injury when &c., and says that he is not thereof Guilty and of this he puts himself upon the County, and the aforesaid JAMES HALLY in like manner &c.. Therefore let there come thereupon a Jury before the said Justices of the said County Court at the said County Courthouse on the first Monday in September next who neither &c., to recognize &c., the same day is given to the parties aforesaid there &c., And now here at another day, to wit, the eleventh day of May in the Tenth year of the Reign of his present Majesty came the parties aforesaid by their Attorneys aforesaid and thereupon came a Jury, to wit, JOHN NELSON, OBED HARRIS, THOMAS CHAPMAN,THOMASON ELLZEY, REGINALD GRAYHAM, CUMBERLAND WILLSON, JAMES SHAW, HUBBARD PRINCE, JOHN RIDDLE, JOHN MURRAY, ALEXANDER RIGBY and JOHN GUNYON who being elected tried and sworn to speak the truth upon the issue joined in this suit withdrew to their Chamber to consider their verdict; And the said Deft. by his Attorney tendered to the Court his Bill of Exceptions and prayed the Court to sign the same which they as according to the form of the Statute in that case made and provided Which Bill of Exceptions is in these words and figures following, to wit;


           EDWARD SMOOT at the suit of JAMES HALLY in Ejectment. Memorandum that on the trial of this Cause the Defendant admited that one HORSINGTON had obtained a Deed for two thousand acres of Land lying upon POWELLS CREEK in which was contained the lands now in dispute and thereupon the Deft. offered in evidence to the Jury two de-positions taken in consequence of notice given to HUMPHREY WARREN before the said SMOOT was entered Defendant in the words following; Mr. HUMPHREY WARREN please to take notice that I shall on the 23rd day of this Instant May attend at the House of JOHNGUEST in LOUDOUN County to take the Deposition of ANN GUEST, Also I shall attend at the House of JOHN SNEED in CAROLINE County on the 27th day of this Instant May to take the Deposition of the said JOHN SNEED in my suit in Ejectment brought against you at both which places and times I desire you will attend; Your Honble. Servt. JAMES HALLY. 13thof May 1769, To Mr. HUMPHREY WARREN, Prince William County; 'This day JAMES HALLY came before me one of his Majestys Justices for this County and



-20-                                         PRINCE WILLIAM COUNTY LAND CAUSES 1789-1793


made oath that he gave a Copy of the within notice to HUMPHREY WARREN; Given under my hand this 13th of May 1769;    T. BLACKBURN


          The Deposition of ANN GIST aged Eighty years or thereabouts taken by virtue ofa Dedimus from the County Court of Prince William Between JAMES HALLEY Plt. and

HUMPHREY WARREN Defendant; The Deponent saith that JOHN SIMPSON, Scotsman, that the Brothers and Joint Legatees with the first mentioned JOHN SIMPSON died without claiming any part of the Bequest and that the Surviving Brother. JOHN SIMPSON. By Deed gave the said Three hundred acres of Land to JAMES HALLY. the present Plt., and farther saith not.        ANN GIST her X marke.


          LOUDOUN Sct. Pursuant and in obedience to a Dedimus from the Worshipful Court of Prince William County bearing date the tenth day of May 1769 to us directed, We the Subscribers did attend at the House of JOHN GIST in the said County on the 23rdday of May 1769 and take the Deposition of ANN GIST, she being first sworn on the Holy Evangelists of Almighty God taken as above: Given under our hands and seals this 23rdday of May 1769    JAS: LANE; GO: SUMMERS


          CAROLINE County to wit: Pursuant to a Commission issued from the County Court of Prince William to us and others directed for taking the Deposition of Mr. JOHN SNEED in a suit there depending between JAMES HALLY Plaintiff and HUMPHREY WARREN Deft., we met for that purpose at the House of the said SNEED this 27th day of May 1769,when the Plt. attended and it appearing by his affidavit that due notice of the taking the said Deposition then and there had been given to the said WARREN; Whereupon we proceeded to take the same as follows, Viz., The said JOHN SNEED aged about 66 years being sworn saith that he was related to JOHN SNEED formerly of the County of NEWKENT whom he well remembers and thinks he died about Forty years ago leaving CHARLES SNEED his reputed Eldest Son. That the Deponent has often heard and under-stood in the Family that one SAMUEL SNEED, a relation, had gone from NEW KENT and purchased Land somewhere over RAPPAHANNOCK RIVER and died there and that after his death the before mentioned JOHN SNEED had gone over there and proved himself the heir of the said SAMUEL and had sold the Land but of this the Deponent knows nothing of his own knowledge; He further saith that near about Thirty years ago the said CHARLES SNEED (the Grandson of JOHN) accompanied by a relation called at the Deponents House and he understood they were then going up to make some inquiry about the said Land since which the Deponent dont remember to have seen the said CHARLES or to have had any conversation with him on the subject and further he saith not;                                           JOHN SNEED


          Taken and sworn to May 27th 1769 before EDWARD PENDLETON, WILLIAM BUCKNER. We do hereby certify that Mr. JOHN SNEED above named appeared to us to be so infirm as not to be able to travel to Prince William County: this 27th of May 1769: EDWARD PENDLETON, WILLIAM BUCKNER


           To which the Defendant by his Counsel objexted on account of the notice and that it was not proved but by the Plts. oath; the Plt. then offered in evidence to the Jury a Writing which he called a Letter of Attorney from the said HORSINGTON to BURR HAR-RISON hereto annexed in these words (Mr. HARRISON my love remembered to you. This is to let you know that I do hereby Testify that what you do concerning my Land that I spoke to you of when I was with you last I do hereby desire you to sell or dispose of it to any person or persons whatsoever and I do hereby bind myself for the same and whatsoever you shall do in and concerning the said Land I will establish it in as large and ample manner as if I was there personally present myself and you may give as much Warrant concerning the sale of it as need shall require, no more at present but love remembers to you and your Bedfellow; I rest, your loving Friend while I am ROBERT



-21-                                         PRINCE WILLIAM COUNTY LAND CAUSES 1789-1793


HORSINGTON from MASTOUN PARISH 24th October 1768. Recorded June 1670. A Copy HENRY TYLER C. S. C.     TO ALL TO WHOM these presents shall come; Whereas ROBERT HORSINGTON late of YORK County deced, had a tract of Land of 2000 acres lying in STAFFORD County in POTO-MACK RIVER and did for several good causes and considerations out of the said tract of Land did give unto BURR HARRISON 600 acres of the same and left the whole dividend with the said BURR HARRISON to sell, who sold 600 acres of the remaining 1400 acres for 7000 Lbs. Tobacco and Whereas DOROTHY HORSINGTON, Late Wife of JOHN HORSING-TON deced., and Guardian to my Child and Admrx. to my said Husband who was Administrator to ROBERT, his Brother aforesaid, did impower GEORGE BRENT of STAFFORD County Gent. to recover the said Tobacco from BURR HARRISON or to make composition with him; And Whereas the said BRENT did find that the said HARRISON had right to the aforesaid 600 acres of Land; Know ye therefore that I upon the receipt of what Tobacco the said BURR HARRISON stands indebted to me. I the said DOROTHY HORSINGTON, do assign and make over to the said BURR HARRISON his heirs and assigns forever all my right and Title to the said 600 acres of land, it being that part which he already seated on: To have and to hold against all persons claims from by or under me to all which Witness my hand and seal this 5th day of November 1673,


           DOROTHY HORSINGTON her mark Signed sealed &c. EDWARD FITZHERBERT, GILES BRENT.                   

A Copy HENRY TYLER C. S. C.


          To which the Defendants Counsel objected that it was insufficient. The Plaintiff then offered a Deed dated the ninth day of April one thousand seven hundred and ninety from one JOHN SNEED to JONATHAN WHITTALL for Three hundred acres of land to prove a conveyance from the said HARRISON to SAMUEL SNEED which Deed is hereto annexed in these words;


          TO ALL CHRISTIAN PEOPLE to whom these presents shall come &c., I JOHN SNEED of NEW KENT County, Planter, the Nephew and Heir of SAMUEL SNEED, late of STAFFORD County deceased send greeting in the name of our Lord God everlasting; Whereas the said SAMUEL SNEED did purchase from BURR HARRISON of the County aforesaid as he was the Attorney of ROBERT HORSINGTON 600 acres of land lying in STAFFORD County and upon YOE SAC COMACO CREEK being part of a dividend of 2000 acres belonging to the said HARRISON out of which was received the first 600 acres for the said BURRHARRISON and the 2nd. 600 acres that sold to my said Uncle as by the Deed of Sale dated the 21st February 1669 will appear duly executed and acknowledged in STAFFORD County on which said 600 acres of Land my said Uncle did erect a House, make a Plantation on the uppermost part thereof in the life time and dying without heirs of his body or other disposition by Will, the said 600 acres of Land and all other his lands descended to me the said JOHN SNEED his heir at Law. And since his death I have entered into and upon the said 600 acres and have sold and conveyed to HUGH TOMLINSON the lowermost 300acres of the said 600 acres next and adjoining the land of BURR HARRISON; Now Know ye that I the said JOHN SNEED for and in consideration of the sum of 6000 Lbs. of good tobacco and cask in hand paid me by JONATHAN WHITTALL of the County of STAFFORD Planter, the receipt of which I do acknowledge and of the whole and every part thereof do exonerate acquit and discharge him the said JONATHAN WHITTALL his heirs and have given bargained sold and confirmed and by these presents bargain and sell to JONATHAN WHITTALL his heirs all that Plantation and tract of Three hundred acres of Land now in the possession of him the said JOHN being the uppermost half of the said 600 acres ly in 5 in YESOCOMICICO CREEK aforesaid. Beginning on the Land sold to the said HUGH TOMLINSON and extending up YESOCOMICICO CREEK for beadth 150 poles and



-22-                                         PRINCE WILLIAM COUNTY LAND CAUSES 1789-1793


from thence into the woods the courses and extend of the Grand Patent and so along the back line 150 poles parallel to the said Creek and so along the Land of HUGH TOMLINSON the Patent Course with all Houses orchards and other priviledges in the Patent granted or of right do belong to me the said JOHN SNEED; To have and to hold the said 300 acres of land with all the granted premises together with all the rights and appurtenances to JOHN WHITTALL his heirs fully discharged from all incumbrances whatsoever, the quitrents only excepted to be paid to the Chief Lord or Lords of the Fee and I the said JOHNSNEED his heirs will warrant and forever defend to said JOHN WHITTALL his heirs; In Witness whereof I hereunto set my hand and seal this 9th toy of April 16W.                                                         JOHN JSSNEED.


Signed sealed and delivered in the presence of us

     GEO: BRENT; RICHARD FOOTE, GEO: G.CLEMENT

          .

 I JOHN SNEED abovesaid do by these presents appoint GEO; BRENT my Attorney in STAF-FORD County to acknowledge this Deed to JOHN WHITTALL without power of revocation, Witness my hand and seal this 9th day of April 1690.JOHN JS SNEED.


          RICHARD FOOTE, GEO: G.CLEMENT Capt. GEORGE BRENT, the Attorney of abovesaid JOHN SNEED came into Court and acknowledged the aforesaid sale of Land to the aforesaid JOHN WHITTALL on the twelvth day of June Anno Dom: 1690 and then recorded in the County Court Records aforesaid


           A Copy HENRY TYLER C.S.C. To which said evidence the Defendant also objected that it was insufficient to prove that such Deed had ever exhisted and that the Original Deed from the said HARRISON to the said SNEED should be produced. The Plt. then offered in evidence the Will of the said SAMUEL SNEED, which is hereto annexed in these words.


IN THE NAME OF GOD Amen I SAMUEL SNEED of STAFFORD County being weak of body but of Sound and perfect memory thanks be to God for the same do make and ordain this my last Will and Testament in manner and form nb following; that is to say, first I recommend my Soul into the hands of God who gave it and my body I commit to the Earth to be decently buried at the discretion of my Executors and as touching my worldly Estate as it hath pleased God to in due me with, I give and dispose of as follows, Imps. I give and bequeath to ROBERT HANKS my old Gun; Item I give to HENRY BATTERY one killable Hog. Item I give unto JOHN HOWARD my small Gun; Item I give unto Mr. MILOWAY 500Lbs. tobacco; Item I give unto WILLIAM JORDAN all my Carpenters Tools and my Horse, Trooper; Item I give unto JAMES FLETCHER one Lott at the Town of FEATHERBED, one pair of Blankets one Rugg, one Boulster, two pillows, 2 iron potts; viz. one the smallest and the other the bigest, one frying pan, one small sifter, one sifting tray, 1 spit and three milk trays, 4 spoons, my Mare Jenny, my Gun I had of Mrs. HALL, my Holsters and Pistols and one Bridle and Saddle; Item I give to SUSAN WHITALL. Wife of JONATHANWHITALL one Lott of the Town and 600 acres of Land at POWELLS CREEK to her and the heirs of her body lawfully begotten, but my bequest of the same is upon consideration that she and her Husband live at the Town and to the same I do affirm as piece of the freehold a young Horse with all my Hogs and Cattle withall my goods and chattles not heretofore or after diminish, she paying my Debts and funeral Expences; Also I give to the said SARAH. JAMES FLETCHER for Five years but in case there shall be any lawful and reasonable complaint made that she or her Husband shall wrong or abuse the said FLFTCHER I do declare my bequest of the said FLETCHER to be null and void and he and what he hath to revert to SAMUEL JORDAN for the said Term or so much as shall be un-served. Item I give unto ROBERT COOPER my share of Hogs at the Town & also my Horse Jack. I give to my Cousin, JOHN PEAKE, one Lott of the Town and I do hereby manifest



-23-                                         PRINCE WILLIAM COUNTY LAND CAUSES 1789-1793


and declare that my Will is and it is my true intent and meaning that in case the abovementioned SARAH WHITTALL shall die without issue of her body lawfully begotten, the said personal Estate with the land to her bequeathed shall revert to my heir at law and I do desire to have a funeral Sermon preached for which I give a hogshead of tobacco in ROBERT WILLIAMS's hands and I do appoint SARAH WHITTALL Executrix of this my last Will and Testament; In Witness whereof I have hereunto set my hand and seal this31st day of January Anno Dom: 1689.          Signed SAMUEL SNEED Signed sealed and published in presence of us      ROBERT BRENT; JOHN WAIDDEN, OSWELL X WHATLEY


This Will was sufficient proved in the County Court of STAFFORD by the Oath of ROBERTBRENT and JOHN WAIDDEN, witnesses thereto subscribed this 10th day of March Anno Dom 1686/7 and was then recorded.                    A Copy HENRY TYLER, C. S. C.


           The Plt. also offered in Evidence a Deed from the said JOHN SNEED to one HUGHTOMLINSON dated 27th December 1689 in these words;


TO ALL CHRISTIAN PEOPLE to whom these presents shall come. I JOHN SNEED of NEWKENT County send Greeting. Know ye that I the said JOHN SHEET for a valuable consideration in hand already received of HUGH TOMLINSON of STAFFORD County in the Dominion of Virginia before the ensealing and delivery of these presents by these presents do bargain sell and confirm unto HUGH TOMLINSON his heirs Three hundred acres of Land situate in County of STAFFORD at the mouth of POWELLS CREEK and upon the mouth of the said Creek; Begining upon the lower side of the said Six hundred acres of Land which formerly belonged to SAMUEL SNEED together with all rights members and appurtenances thereunto belonging together with all writings Deeds or evidences thereunto belonging; To have and to hold the said Lands and premises before bar-gained and sold to HUGH TOMLINSON his heirs; And JOHN SNEED doth oblige himself his heirs or any of them shall warrant the said lands and forever defend by these Plnts: In Witness whereof the said JOHN SNEED has set his hand and affixed his Seal this 27thday of December 1689 and in the first year of the Reign of King William and Queen Mary.                              JOHN SNEED JSmark


Signed sealed and delivered in presence of us the above Deed of Sale of Land was acknowledged by the said JOHN SNEED to the above mentioned HUGH TOMLINSON in the Court Records of STAFFORD County April 7th 1690;And was then Recorded


          A Copy HY. TYLER. C. C. 1755.

To which the Defendant objected that it was insufficient to convey the Estate as there was no Livery or seizen or possession proved in the Plt. or those under whom he claims, in consequence of it; The Plaintiff then offered in evidence to the Jury the Will of HENRY JOHNSTON, dated 23rd October one thousand six hundred and Ninety one here annexed in these words:


          IN THE NAME OF GOD Amen, I HENRY THOMPSON of STAFFORD County Gent. being sick of Body but of sound and perfect memory lawd and praise be to Almighty God do make constitute ordain and appoint and nominate this my last Will and Testament in manner and form following. Imps. I commit my body to the Earth to be buried in decent Christian like manner and my Soul to God Almighty who gave it in certain hope of a joyful resurrection of Eternal Life. First of all my worldly Estate be it whatever may be found I hereby appoint my Trusty Friend, JOHN WAUGH, Clerk my whole and sold Executor to this my last Will and Testament. Imps. I devise Will and bequeath Three hundred acres


b

-24-                                         PRINCE WILLIAM COUNTY LAND CAUSES 1789-1793


of Land lying and being upon POHICK CREEK to be equally divided between RICHARD and ALEXANDER WAUGH, Sons of JOHN WAUGH abovesaid; to them and their heirs for-ever; Also I give devise and bequeath that Plantation and Tract of Land at COCKPITPOINT to ANN WAUGH, Daughter of JOHN WAUGH abovesaid and the heirs of her body begot and for want of such to RICHARD and ALEXANDER WAUGH abovesaid; and to the heirs of their bodies; I also give will and bequesth that tract of land lyidng upon POWELLS RUN containing about Three hundred acres unto the three Eldest Sons now living of JOHN SIMPSON in ACQUIA CREEK, Scotsman, to them and their heirs forever; I Will and bequeath two Rings, 1 Mourning Ring with the (    ) "prepared be to follow me" and the other with the (   ) "my love to you shall endless be", these two aforesaid I devise and give to ELIZABETH, Wife to JOHN WAUGH, abovesaid, likewise I give and bequeath to MARY WILLIAMS, now residing upon this Plantation my Horse Turk with Bridle and Saddle and 2000 lbs. of good tobacco to be instantly and conveniently paid her after my decease. I give and will to HENRY MACON, Son of JAMES MACON, two young heiffers two years old; Item. I give to Mr. ROBERT COLLIS one barren Cow and what Sows I now have upon this plantation; Item. I give to Mr. COLLIS one Cow more and one Stear of three years old runing at EDWARD HOLMES's Plantation (the next line is too scratched to read) I give will and bequeath to the Church of STAFFORD CHURCH Ten pounds Sterling to be by the Minister and Church Wardens laid out in Plate for the blessed Sacramento and necessarys for the Service of God and ornament of the abovesaid Church at the head of POTOMACK CREEK; Item. I give and bequeath to THOMAS KEMP what tobacco he is indebed to me and one pot and one frying pan; Item. I give and bequeath to PATRICKHUME my Horse named Tobey branded DM. Item. I give and bequeath JOHN GOWRY one Beaver Hat, one light coloured stuff mans Coat and one pair of plush mans breeches. Item I give unto JOHN SIMPSON, Scotchman, abovesaid one Broad Cloth Co at dark coloured one pair of Fieze breeches. Item I give to THOMAS ELLZEY JUNIOR one half of my books and the other half I give to the Wife of Mr. ROBERT COLLIS. Item. I give to WILLIAM (blank) one Serge Coat. one pair of Leather Drawers. One pair of shoes, one pair of stockings and seven yards of blue linen; I further give to JOHN SIMPSON above-said one Horse named Spite branded with the figure 4 upon the shoulder. Item I give will and bequeath to JOSEPH HENSON one Semitor with a black hilt. Item I give and bequeath to THOMAS ELLZEY SENR, one Case of Pistols and Holsters and Scemitor with a Plate Hilt and belt belonging to it with Plate Buckles. Item. I give and will to Capt. GEORGE MASON my Cane with a Silver Head. Item. I will and desire that one large Seal Ring of Twenty shillings price be delivered to JOSEPH, the Son of JOHN WAUGH above-said Item. I give to RICHARD MARTIN one Mare which I bought of JAMES GALLOWAY branded with three brands; In Witness of this my last Will and Testament I have here-unto set my hand and Seal this 23rd day of October 1692;                                         HENRY THOMPSON                                                                                                                            Signed sealed in presence of                   ROBERT COLLIS, JOHN GOWRY, MARY WILLIAMS;  her mark


The abovesaid Will of the aforesaid HENRY THOMPSON was sufficiently proved in Court by the aforesaid JOHN WAUGH, Clerk, Executor appointed and nominated in the said Will on the Oaths and Testimonies of ROBERT COLLIS, JOHN GOWRY and MARY WILLIAMS. Witnesses to the said Will subscribed on the 13th day of November A. D. 1691; and was then Recorded

A Copy HENRY TYLER, C.S.C.

As also a Deed of Confirmation from HUGH TOMLINSON dated 12th November one thou-sand six hundred and ninety one hereto annexed in these words; KNOW ALL MEN by these presents that whereas HUGH TOMLINSON having made Sale to


-25-                                         PRINCE WILLIAM COUNTY LAND CAUSES 1789-1793


Mr. HENRY THOMSON for Three hundred acres of Land in the within Bill of Sale and having by the last Will and Testament of the said HENRY THOMPSON given and bequeathed the said Three hundred acres of land unto the three Eldest Sons of JOHN SIMPSON of Acquia. Therefore I the said HUGH TOMLINSON do by these presents ratify confirm and make over the within mentioned 300 acres of land to the abovesaid three Eldest Sons of JOHN SIMPSON and their heirs according to the true intent and meaning of the last Will and Testament of HENRY THOMPSON abovesaid; In Witness whereof I d seal this l2th day of 9ber. 1691;

                                         HUGH TOMLINSON


Sealed and Delivered in presence of us

     JOHN GOWRY; WILL: SMITH


           This said Confirmation of a Sale of Land made formerly by the abovesaid HUGH TOMLINSON unto the said HENRY TOMLINSON, late of the said County deceased; was accordingly acknowledged in the County Court of STAFFORD by him the said HUGH TOMLINSON unto the Sons of the said JOHN SIMPSON according to the purport true intent and meaning of the Will of the said HENRY THOMPSON deced., on the 13th day of November A. D. 1691 and was then recorded.

                     A Copy HENRY TYLER. C.S.C.


           And also offered to the Jury, Deeds of Lease and Release dated the Twelfth and Thirteenth days of October one thousand seven hundred and fifty five from JOHN SIMPSON to the Plantiff hereto annexed in these words:


           THIS INDENTURE made the l2th day of October in the year of our Lord one thousand seven hundred and Fifty five Between JOHN SIMPSON of the County of STAFFORD in Virginia. Planter, of the one part and JAMES HALLY of the County of FAIRFAX in Virginia of the other part; Witnesseth that JOHN SIMPSON for the sum of Five shillings to him paid by JAMES HALLY doth bargain and sell unto JAMES HALLY a certain tract of land containing Three hundred acres situtate on POWELLS RUN in the County of Prince William being the moiety or half part of a tract of land containing Six hundred acres which was purchased by SAMUEL SNEED of a certain BURR HARRISON, as Attorney in fact for one ROBERT HORSINGTON, and by JOHN SNEED, Eldest Son and Heir at law of the said SAMUEL SNEED, sold and conveyed unto HUGH TOMLINSON and by the said HUGH TOMLINSON made over and conveyed pursuant to the Last Will and Testament of HENRY THOMPSON deceased to the three Eldest Sons of JOHN SIMPSON deced., namely JOHN SIMPSON, THOMAS SIMPSON, GEORGE SIMPSON of which the said JOHN SIMPSON party to these presents is longest liver and Survivor thereby seized in Fee of and in the said three hundred hereby bargained and sold as by relations to the several Conveyances and Wills above mentioned may and doth more fully appear; To have and to hold the said Three hundred acres of Land above described with the appurtenances unto JAMES HALLY and to his heirs during the full term of one whole year paying unto the said

JOHN SIMPSON his heirs and assigns the Rent of one Pepper Corn upon the Feast of St. Michael the Arch Angel if the same be lawfully demanded; to the end that by virtue of these presents and of the Statute for transferring uses into possession the said JAMES HALLY may be in the actual possession of the premises and be thereby enabled to accept a release of the inheritance thereof; In Witness whereof the said JOHN SIMPSON

hath hereunto set his hand and seal the day and year first above written

                                         JOHN SIMPSON his mark


Sealed and delivered in the presence of

      RICHARD SIMPSON his mark.

      WILLIAM WILKERSON, JAMES HALLY



-26-                                         PRINCE WILLIAM COUNTY LAND CAUSES 1789-1793


At a Court held for Prince William County the 27th day of October 1755.

This Lease from JOHN SIMPSON to JAMES HALLY was proved by the oaths of JAMES HALLY JUNR., WILLIAM WILKERSON and RICHARD SIMPSON to be the act and deed of the said JOHN and on the motion of the said JAMES HALLY the same is admited to Record.

                      Teste JOHN GRAHAM, Cl. Cur.

                       Copy Teste JOHN GRAHAM Cl. Cur.


THIS INDENTURE made the Thirteenth day of October in the year of our Lord one thousand seven hundred and Fifty five Between JOHN SIMPSON of STAFFORD County in Virginia, Planter, of the one part and JAMES HALLY of the County of FAIRFAX in Virginia, planter, of the other part; Witnesseth that JOHN SIMPSON for the sum of One hundred pounds current money of Virginia to him in hand paid by JAMES HALLY (the Release of the foregoing lease) In Witness whereof the said JOHN SIMPSON hath hereunto set his hand and Seal the day and year first above written

                                                                                              John Simpson, his mark


Sealed and Delivered in presence of

      RICHARD SIMPSON, his mark,

      WILLIAM WILKERSON, JAMES HALLEY


           Received of JAMES HALLEY the sum of One hundred pounds current money of Virginia being the consideration mentioned in the within deed to be paid by him to me on the perfection thereof, I say received this (blank) day of October 1755.


          This Release and Receipt endorsed from JOHN SIMPSON to JAMES HALLEY was proved by The oaths of JAMES HALLEY JUNR., WILLIAM WILKERSON and RICHARD SIMPSON to be the act and deed of the said JOHN and on the motion of the said JAMES HALLY the same is admited to Record

Test JOHN GRAHAM, Cl. Cur.


          To which the Defendant objected that they was insufficient to convey an Estate the Plt. as the persons under whom the Defendant claims were then in actual possession of the premises. Then the Deft. offered in Evidence to the Jury that on the 23rd and 24th May in the year 1742, CHARLES SNEED who had lived on the premises some time conveyed the same to one GEORGE PEMBERTON who by like Deeds dated the 26th and 27th

August 1744 conveyed the same premises to THOMAS YOUNG, who by like Deeds dated the 22d. and 23rd days of May 1747 conveyed the same unto LUKE CANNON, who by Deeds dated 28th and 29th days of November 1748 conveyed the same to RICHARD JOHNSON which said deeds are hereto annexed who by his Last Will and Testament dated the 14th day of February 1751 hereto annexed devised the same to one WILLIAM MITCHELL who by Deeds of Lease and Release dated the 25th and 26th of May 1764 conveyed the same to the Defendant which said Deeds are also annexed, all of whom have been and continued in possession of the premises from the said Deed from CHARLES SNEED to the

bringing of the Plts. present action upon all which points the Defendant prayed the opinion of the Court whither the Plt. could support his action without proving an actual possession under some one from whom he claimed and if he could that the pendants possession in this Case was a barr to the Plts. Action; And further prayed the Courts direction accordingly to the Jury but the Court being of the opinion against the Defendant in the several points before stated and directed the Jury accordingly and being also of opinion that the several conveyances produced by the Plantiff were sufficient to support his Title notwithstanding the Deed from BURR HARRISON to SAMUEL SNEED there did not appear as it seems to be evinced by the papers herein before recited and annexed and the Court are further of opinion that the Plt. is not bound of the Act of Limitation as the Defendant does not prove Tventy years possession before the Plantiff brought his first Ejectment which he commenced on the 26th day of October 1759 and


-27-                                         PRINCE WILLIAM COUNTY LAND CAUSES 1789-1793


the present Ejectment is commenced within less than ten years after the former; therefore the Court refuse to direct the Jury that the Act of Limitation is a barr to which said several opinions of the Court. CUTHBERT BULLTTT, Counsel for the Defendant excepted and prayed that these his exceptions might be insealed and inroled according to Act of Parliament in such cases made and provided; and it is done accordingly

                     HENRY LEE, HENRY PEYTON, THOMAS LAWSON. DANIEL PAYNE


And now here at another day, to wit, on the l2th day of May in the Tenth year of the Reign of our present Majesty came the parties aforesaid by their Attorneys aforesaid and the Jurors sworn yesterday to try the issue between the parties aforesaid being severally called answered to their names and brought in the following Verdict; We of the jury find for the Plaintiff the Lands in Dispute in the Declaration mentioned and one penny damage. JOHN RIDDELL, foreman; which Verdict the Plaintiff prayed might be recorded and Judgment thereon to him be given; It is therefore considered by the Court that the Plt. recover against the Defendant his term aforesaid of and in the Lands and appurtenances in the said Declaration mentioned and also that the Plt. Recover against the said Defendant the said one penny Damages by the Jurors aforesaid in their verdict aforesaid assessed and Also his costs by him in this behalf expended from which verdict and Judgment as well as the Judgment upon the Bill of Exceptions yesterday the said Defendant prayed an appeal to the next General Court which is granted him he having together with CUTHBERT BULLITT acknowledged a Bond in the sum of One hundred pounds for prosecuting the same with effect.


Appellants Cost 798 lbs. nett tobacco, lawyers fee 30/ or 300 Lbs. tobacco

Appellees Ditto 208 Lbs. nett tobacco, lawyers fee 30/ or 300 Lbs. tobacco

                                   Test JOHN GRAHAM Cl. Cur.

       Appellants Papers refered to in the Record and Inclosed therein


           THIS INDENTURE made the 23rd day of May in the year of our Lord 1742 & in the fifteenth year of the Reign of our Sovereign Lord George the 2nd. by the Grace of God of Great Britain, France and Ireland &c., Between CHARLES SNEED of Prince William County of the one part and GEORGE PEMBERTON of the said County of the other part; Witnesseth that CHARLES SNEED in consideration of the sum of Five shillings current money to him in hand paid by GEORGE PEMBERTON doth bargain seel and to farm let unto GEORGE PEMBERTON his heirs a certain parcel of land containing Three hundred acres situate on the Lower side of POWELLS CREEK in the County aforesaid, it being part of a Patent of 2000 acres granted to ROBERT HORSINGTON the 29th day of October 1668, who sold six hundred acres thereof to SAMUEL SNEED to whom the said CHARLES SNEED is Heir at law, the aforesaid Three hundred acres being the moiety and the lower part of the aforesaid Sale and hereby leased is bounded; Begining at a Locust Tree on the aforesaid Creek side it being the dividing Corner on the Creek of the said 600 acres, extending thence into the Woods S. 45 W. 320 poles to a Pine, thence S. 47 E. 150 poles to three Pines, thence dividing this from the Land of JOHN BLAND N. E. 320 poles to a white Oak against the Middle of a Marsh on the said Creek side; finally up the said Creek according to the meanders thereof to the first station; And also all houses orchards priviledges and appurtenances whatsoever; To have and to hold unto GEORGE PEMBERTON his heirs from the day of the date of this present Indenture during a full term of one year paying therefore the Rent of one Ear of Indian Corn on the Feast of the Nativity of our Lord and Saviour Jesus Christ next ensuing if the same shall be lawfully demanded to the intent that GEORGE PEMBERTON by virtue of these presents and of the Statute for transferring uses into possession be lawfully possessed of and in the pre-


-28-                                         PRINCE WILLIAM COUNTY LAND CAUSES 1789-1793


mises and thereby be enabled to take a release of the inheritance thereof; In Witness whereof the parties have interchangeably set their hands and seals to these present Indentures the day and year first above written.


Signed sealed and delivered in presence of

                      EDWARD BARRY, CHARLES SNEED

                      JOHN SAVAGE, JOHN SNEED

 At a Court held for Prince William County May 24th 1742

CHARLES SNEED acknowledged this Lease to be his act and deed which is admited to Record

 Teste CATESBY COCKE, Cl. Cur.


           THIS INDENTURE made the Twenty sixth day of August in the year of our Lord God one thousand seven hundred and Forty four between GEORGE PEMBERTON of the County of FREDERICK of the one part and THOMAS YOUNG, Sub Sheriff of Prince William of the other part; Witnesseth that the said GEORGE PEMBERTON in consideration of Five shillings current money of Virginia to him in hand paid by THOMAS YOUNG doth bargain and sell unto THOMAS YOUNG all that tract of land containing Three hundred acres situate on the lower side of POWELLS CREEK in the County aforesaid, it being part of a Patent of Thousand acres granted to one ROBERT HORSINGTON is heir at Law which said CHARLES SNEED granted and conveyed three hundred acres one CHARLES SNEED is heir at Law which said CHARLES SNEED granted and conveyed Three hundred acres thereof being the moiety and lower part of the said Sale unto GEORGE PEMBERTON by Deeds bearing date 24th day of May 1742, recorded in the said County Office and bounded (the description of the Land as in the foregoing Lease). To have and to hold the said land with the appurtenances unto THOMAS YOUNG and assigns for the full term of one whole year paying therefore the Rent of one Ear of Indian Corn on Lady Day next if demanded to the intent that by virtue of these presents and of the Statute for transferring uses into possession the said THOMAS YOUNG may be in actual possession of the premises and be thereby enabled to accept and take a grant or release of the Inheritance thereof; In Witness whereof the said GEORGE PEMBERTON hath hereunto set his hand and seal the year first above written.

George  -his mark- PEMBERTON

Sealed and delivered in presence of

       JOHN SAVAGE,

       MOSES LINTON, LUKE CANNON


At a Court held for Prince William County the 27th day of August 1744

GEORGE PEMBERTON acknowledged this Lease to THOMAS YOUNG to be his act and deed which is admited to Record.

Teste P. WAGENER, Cl Cur.


           (The Release dated 27th day of August 1744 follows, with payment of Fifty pounds fifteen shillings current money of Virginia.) In Witness whereof the said GEORGE PEMBERTON hath hereunto set his hand and seal the day and year first above written Sealed and delivered in presence of

                      JOHN SAVAGE                  GEORGE his mark X PEMBERTON

                      MOSES LINTON, LUKE CANNON


           Received of the within named THOMAS YOUNG the within sum of Fifty pounds fifteen shillings current money of Virginia being the consideration money for the within lands premises and appurtenances this 26th day of August 1744

           In presence of   JOHN SAVAGE,                               GEORGE his mark X PEMBERTON

                                  MOSES LINTON, LUKE CANNON


           At a Court held for the County of Prince William the 27th day of August 1744 GEORGE PEMBERTON acknowledged this Release and Receipt to THOMAS YOUNG and


-29-                                         PRINCE WILLIAM COUNTY LAND CAUSES 1789-1793


MARGARET the Wife of the said GEORGE, being first privately examined, relinquished her right of Dower to the land and premises conveyed by the said Release which is admited to record.

Teste P. WAGENER, Cl. Cur.


           THIS INDENTURE made the 24th day of May in the year of our Lord 1742 and in the Fifteenth year of our Sovereign Lord George 2d. by the grace of God King of Great Britain France and Ireland &c., Between CHARLES SNEED of Prince William County of one part and GEORGE PEMBERTON of the said County of the other part; Witnesseth that the said CHARLES SNEED in consideration of the sum of 40 pounds current money to him in hand paid by GEORGE PEMBERTON (This is the Release of the Lease from CHARLES SNEED to GEORGE PEMBERTON) In Witness whereof the parties have interchangeably set their hands and seals to these present Indentures the day and year first above written.

Signed sealed and delivered in presence of

          EDWARD BARRY, CHARLES SNEED

          JOHN SAVAGE, JOHN SNEED


Received from the within mentioned GEORGE PEMBERTON the just sum of Forty pounds current money it being the consideration for the within mentioned lands and premises with the appurtenances. I say received p me.

Test     EDWARD BARRY, CHARLES SNEED

                      JOHN SAVAGE, JOHN SNEED


           At a Court held for Prince William County May 24th 1742

CHARLES SNEED acknowledged this Release and Receipt to be his act and deed and ANN his Wife being privately examined relinquished her right of Dower to the lands by the said conveyed to GEORGE PEMBERTON which are admited to Record.

          Test     CATBBY COCKE, Cl. Cur.


          THIS INDENTURE made the 22d. day of May in the year of our Lord God one thousand seven hundred and Forty seven Between THOMAS YOUNG of the County of Prince William of the one part and LUKE CANNON of the same County of the other part: Witnesseth that THOMAS YOUNG in consideration of Five shillings Sterling to him in hand paid by LUKE CANNON by these presents doth bargain and sell unto LUKE CANNON a certain tract of land situate in County of Prince William containing One hundred and fifty three acres bounded, Begining at a small white Oak about the middle of a Marsh on the lower side of POWELLS CREEK being the corner between the said Land and DARBY GALLAHUE, extending from thence South West in the woods by an old line of marked trees 160 poles to B two small Oak saplins & one Pine, thence N. 47 West by a line of mark'd trees to the land of GEORGE BIGBY's one hundred and fifty poles, thence with the said BIGBY's line to D at another Marsh on the said Creek side one hundred and Forty four poles, thence with the several meanders of the said Creek South 68 East forty six poles South 45 1/2 East eighteen poles. South 20 W. sixteen poles, South 87 1/2 East forty three poles South forty two degrees East twelve poles. South 20 East Eleven poles South 45 1/2 East twelve poles. South 17 1/2 East twenty four poles to the Begining; And all houses orchards, profits and advantages to the same belonging; To have and to hold the One hundred and fifty three acres of land with the appurtenances unto LUKE CANNON and assigns for the full term of one whole year paying therefore one Pepper Corn on the last day of the said (blank) intent that by virtue of these presents and by force of the

 Statute for transferring (blank) LUKE CANNON may be in actual possession of the premises and be thereby enabled to take a release of the (blank) the said THOMAS YOUNG hath hereunto set his hand and seal the day and year.

                                                 THOMAS YOUNG


-30-                                         PRINCE WILLIAM COUNTY LAND CAUSES 1789-1793


           At a Court held for the County of Prince William the 25th May 1747

THOMAS YOUNG acknowledged this Lease to LUKE CANNON to be his act and deed which is admited to Record.

Teste P. WAGENER, Cl. Cur.


          THIS INDENTURE made the Twenty third day of May in the year of our Lord God one thousand seven hundred and Forty seven Between THOMAS YOUNG of the County of Prince William of the one part and LUKE CANNON of the same County of the other part; Witnesseth that THOMAS YOUNG in consideration of the sum of Forty pounds current money of Virginia to him in hand paid by LUKE CANNON (The Release of the foregoing Lease) In Witness whereof the said THOMASYOUNG hath hereunto set his hand and seal the day and year first above written Sealed and delivered in presence of.

                      WM. GRANT, THOMAS YOUNG

                       JOHN GRANT


Received the day and year within written of the within named LUKE CANNON the sum of Forty pounds current money of Virginia being the consideration mentioned in the within Deed to be paid by him to me on the perfection thereof, Witness my hand.

Witnesses present        WILLIAM GRANT, THOMAS YOUNG

                                  JOHN GRANT


At a Court held for the County of Prince William the 25th day of May 1747

THOMAS YOUNG acknowledged this Release and Receipt to LUKE CANNON to be his act and deed which are admited to Record.

                         Teste P. WAGENER, Cl. Cur.


           KNOW ALL MEN by these presents that I THOMAS YOUNG of the County of Prince William am held and firmly bound unto LUKE CANNON of the same County in the full and just sum of fifty pounds Sterling money of Great Britain to be paid to the said LUKE his certain Attorney heirs or assigns to which payment well and truly to be made and done I bind myself my heirs firmly by these presents; Sealed with my seal and dated

 this fifth day of May one thousand seven hundred and forty four.


           Whereas the above bound THOMAS YOUNG by Deeds of Lease and Release bearing date respectively 22nd and 23rd days of April in consideration of Forty pounds current money has sold and conveyed to LUKE CANNON a certain tract of land containing One hundred and fifty three acres lying in County of Prince William and at the time of the said Sale it was then and there covenanted and agreed by the said parties that if there

 should be a deficiency or want of Board Timber on the said Land conveyed that then and such case THOMAS YOUNG would suffer and permit LUKE CANNON to get off or upon any adjacent lands in the Tenure and occupation of said YOUNG so much Timber as would fully compleat the quantity of Four thousand Clap Boards for the necessary building of the said LUKE and no more; Now if the said YOUNG shall in all things in the

 said Release mentioned observe and keep according to the true intent thereof that then this Obligation to all intents and purposes to be frustrate and void else to remain in full force power and virtue.

 Sealed and delivered in presence of

                      WILLIAM GRANT, THOMAS YOUNG

                      JOHN GRANT


           At a Court held for the County of Prince William the 25th May 1747

 THOMAS YOUNG acknowledged this Bond to LUKE CANNON to be his act and deed & admited to Record.

Teste P. WAGENER. Cl. Cur.


-31-                                         PRINCE WILLIAM COUNTY LAND CAUSES 1789-1793


THIS INDENTURE made the 28th day of November in the year of our Lord God one thousand seven hundred and forty eight Between LUKE CANNON of the County of Prince William of one part and RICHARD JOHNSON of the same County of the other part; Witnesseth that LUKE CANNON in consideration of Five shillings Virginia currency to him in hand paid by RICHARD JOHNSTON by these presents doth bargain and sell unto RICHARD JOHNSTON a certain tract of land lying in County of Prince William containing One hundred and fifty three acres bounded, Begining at a small white Oak about the middle of a Marsh on the lower side of POWELLS CREEK being the corner between the said Land and DARBY GALLAHUE, extending thence So. W. in the woods by an old line of marked trees one hundred and sixty poles to B two small Oak saplins and one Pine; thence N. 47 W to C by a line of marked trees to the land of GEORGE BIGSBY one hundred and fifty one poles, thence West of said BIGSBYs line to D at another Marsh on the Mid Creeks side one hundred and forty four poles, thence W. of the several meanders down the said Creek S. 68 East forty six poles. So. 45 1/2 degrees Et. eighteen poles. S. 20 W. sixteen pole S 82 1/2 E. forty three poles; S. 42 E. twelve poles. S. 20 Et. Eleven poles. S. 45 1/2 E twelve poles. S 171 /2 E. twenty four poles to the begining and all houses orchards profits and advantages whatsoever belonging; To have and to hold the said one hundred and fifty three acres of land with the appurtenances unto RICHARD JOHNSTON his heirs

during the full term of one whole year paying therefore one pepper corn on the last day of the said Term if demanded to the intent that by virtue of these presents and of the statute for transferring uses into possession RICHARD JOHNSTON may be in the actual possession of all the premises and be thereby enabled to accept a release of the inheritance thereof; In Witness whereof the said LUKE CANNON hath hereunto set his hand and seal the day and year first above written Sealed and delivered (the five shillings currency being first paid) in presence of.

                      HENRY THRELKELD, LUKE CANNON

                      WM. BALENDINE, BERTRAND EWELL


           At a Court held for Prince William County the 28th day of November 1748

LUKE CANNON acknowledged this Lease to RICHARD JOHNSTON to be his act and deed which is admited to Record.

                                   Teste P. WAGENER, Cl. Cur.


           THIS INDENTURE made the 28th day of November in the year of our Lord God one thousand seven hundred and forty eight Between LUKE CANNON of the County of Prince William of one part and RICHARD JOHNSTON of the same County of the other part; Witnesseth that LUKE CANNON in consideration of the sum of One hundred pounds current money of Virginia to him in hand paid by RICHARD JOHNSTON (The Release of the foregoing Lease) In Witness whereof the said LUKE CANNON hath hereunto set his hand and seal the day and year above written Signed sealed and delivered in presence of.

                      HENRY THRELKELD, LUKE CANNON

                      WM. BALENDINE, BERTRAND EWELL


           At a Court held for Prince William County the 28th day of November 1748

LUKE CANNON acknowledged this Release and Receipt to RICHARD JOHNSTON to be his act and deed (And MARY the Wife of the said LUKE being first privately examined and thereto consenting relinquished her right of Dover) to the land and premises conveyed by the said Release, which are admited to Record.

                                   Teste P. WAGENER, Cl. Cur.

                      A Copy Teste JOHN GRAHAM, Cl. Cur.


-32-                                         PRINCE WILLIAM COUNTY LAND CAUSES 1789-1793


          KNOW ALL MEN that I RICHARD JOHNSTON living in Prince William County in Virginia being weak in body but of sound and perfect mind and memory do make and publish this my Last Will and Testament in manner following; Vizt. First; I give and bequeath unto my Godson, WILLIAM MITCHELL and his heirs forever the Tract of Land purchased of LUKE CANNON lying on POWELLS CREEK containing One hundred and fifty three acres be the same more or less likewise a Horse and a Feather Bed and furniture to be paid at the death of my Wife; 2d.to my Godson, RICHARD BENNETT MITCHELL in MARYLAND, a Negro, a horse and a Feather Bed and furniture to be paid at the death of my Wife; 3d. To FRANCIS GREEN in MARYLAND my Saddle Housing and Bridle; 4th To HENRITTA GREEN a Feather Bed and Furniture to be paid at the death of my wife; 5th To Be distributed amonst  the Poor People of CHARLES COUNTY in MARYLAND the sum ofFive pounds Virginia currencey immediately after my decease; 6th All the rest residue and remainder of my personal Estate goods and chattles of what kind or nature soever I give and bequeath to my beloved Wife, ANESTATIA JOHNSTON whom I hereby appoint sole Executrix of this my last Will and Testament hereby revoking all former wills by me made; In Witness whereof I have hereunto set my hand and Seal this Fourteenth day of February Anno Domini one thousand seven hundred and fifty one

Signed sealed and delivered in the presence of

                      JOHN PEIL. MATT: STEEL,

                      PHILIP PEILL, ISAAC SALKED          RICHARD his mark  JOHNSTON


At a Court held for the County of Prince William 26th August 1751 This Will was presented in Court by ANESTATIA JOHNSTON, Executrix therein named  who made oath thereto and being proved by the oaths of JOHN PEIL and MATTHEW STTEL, two of the Witnesses admited to Record and the said Executrix having performed what the law required, Certificate is granted her for obtaining a Probate in due form.

                                 Teste P. WAGENER. Cl Cur

                    A Copy Teste JOHN GRAHAM, Cl Cur


THIS INDENTURE made the Twenty fifth day of May in the year of our Lord one thousand seven hundred and Sixty four Between WILLIAM MITCHELL of the County of Prince William in the Colony of Virginia of one part and EDWARD SMOOT of CHARLES COUNTY in the Province of MARYLAND of the other part; Witnesseth that WILLIAM MITCHELL in consideration of the sum of Five shillings current money of Virginia to him in hand paid by the said EDWARD SMOOT by these presents doth bargain and sell unto EDWARD SMOOT his heirs &c. a certain tract of land with the appurtenances ontaining One hundred and fifty three acres lying in County of Prince William being prt of three hundred acres of land purchased by LUKE CANNON from THOMAS YOUNG and conveyed to the said THOMAS YOUNG by GEORGE PEMBERTON and to the said PEMBERTON by CHARLES SNEED, to whom the said Land descended as Heir at law as by the several Deeds of Conveyance relation being thereunto had may more fully appear which said One hundred and fifty three acres of land is bounded (the same description as is found in the Deeds from LUKE CANNON to GEORGE PEMBERTON above) To have and to hold the said tract of land with the appurtenances unto EDWARD SMOOT and assigns for the full term of one whole year paying therefore the Rent of one Pepper Corn on Lady Day next if demanded to the intent that by virtue of these presents and of the statute for transferring uses into possession, EDWARD SMOOT may be in actual possession of the premises and be thereby enabled to accept a release of the inheritance thereof; In Witness whereof WILLIAM MITCHELL hath hereunto set his hand and seal the day and year first above Written


-33-                                         PRINCE WILLIAM COUNTY LAND CAUSES 1789-1793


Sealed and delivered in the presence of

                      FOUSHEE TTBBS, DANIEL PAYNE, WILLIAM MITCHELL

                      JOHN CHAMBERS, IGNATIUS MITCHELL


At a Court continued and held for Prince William County the 5th of June 1764

This Lease from WILLIAM MITCHELL to EDWARD SMOOT was proved by the oaths of FOUSHEE TEBBS, DANIEL PAYNE Gent. and JOHN CHAMBERS, three of the witnesses thereto to be the act and deed of the said WILLIAM and the same was thereupon admitted to Record

Teste JOHN GRAHAM. Cl. Cur.


THIS INDENTURE made the Twenty sixth day of May in the year of our Lord one thousand seven hundred and sixty four Between WILLIAM MTTCHELL of the County of Prince William in the Colony of Virginia of the one part and EDWARD SMOOT of CHARLES County in the Province of MARYLAND of the other part; Witnesseth that in consideration of the sum of Fifty pounds current money of Virginia to the said

WILLIAM MITCHELL in hand paid by the said EDWARD SMOOT (The Release of the foregoing Lease) In Witness whereof the said WILLIAM MITCHELL hath hereunto set his hand and seal the day and year first above written

Sealed and Delivered in the presence of

                      FOUSHEE TEBBS, DANIEL PAYNE,                      WILLIAM MITCHELL

                      JOHN CHAMBERS, IGNATIUS MITCHEL


Received May 26th 1764 of EDWARD SMOOT the sum of Fifty pounds current money being the consideration within mentioned                                     WILLIAM MITCHELL


           At a Court continued and held for Prince William County the fifth of June 1764 This Release with the Receipt thereon from WILLIAM MITCHELL to EDWARD SMOOT was proved by the oaths of FOUSHEE TEBBS, DANIEL PAYNE, Gent., and JOHN CHAMBERS

three of the witnesses hereto to be the act and deed of the said WILLIAM and the same were thereupon admited to Record

                                Teste JOHN GRAHAM, Cl. Cur.


 October         1770                Continued

 April               1771                Continued

 October         1771               Continued

At a General Court held in WILLIAMSBURG on the 20th day of April 1772

EDWARD SMOOT          Plt.

against         

          Aminidal Seekright, Lessee of WILLIAM HALLEY, Deft.

Upon an Appeal from a Judgment of the Court of Prince William County recovered by the Defendant against the Plt. The twelfth day of  May 1790 for his term then to come of and in the Lands and appurtenances in the Declaration mentioned with one penny damages and costs.


           This day came the parties by their Attorneys and thereupon the Transcript of the Judgment aforesaid being seen and inspected, It seems to the Court here that there is no error in the said Judgment; Therefore it is considered that the same be affirmed and that the Defendant recover against the Plt. damages according to the law for retarding the execution thereof and his costs by him about his defence in this behalf expended. At a General Court held in WILLIAMSBURG on the 25th day of April 1772

          EDWARD SMOOT, Plt.

                      against                                                             Upon an Appeal

          Aminidal Seekright, Lessee of JAMES HALLY, Deft.


-34-                                         PRINCE WILLIAM COUNTY LAND CAUSES 1789-1793


On the motion of the Plt. and for reasons appearing to the Court, It is ordered that the Judgment recovered by the Defendant against the Plt. this Court be set aside and that the Cause be again heard at the next Court


At a General Court held in WILLIAMSBURG on the 22nd day of October 1772

                      EDWARD SMOOT, Plt.

against

                      Aminidal Seekright, Lessee of JAMES HALLY, Deft.

           Upon an appeal from a Judgment of the Court of Prince William County recovered by the Deft. against the Plt. The 12th day of May 1790 for his term then to come and in the lands and appurtenances in the Declaration mentioned with one penny damages and costs.


This day came the parties by their Attorneys and thereupon the Transcript of the Record of the Judgment aforesaid being seen and inspected. It seems to the Court here that there is no Error in the said Judgment; Therefore it is considered that the same be affirmed and that the Deft. recover against the Plt. damages according to law for retarding the execution thereof and his costs by him about his defence in this behalf expended


General Court costs 398 lbs. tobacco at two pence 1020 Ibs Toba. at one penny half Pence.

County Court costs 208 Lbs. Nt. Toba. & 30/ and 300 Lbs. tobacco

Damage ........ 32 .......... .4/6 or 45 do

                    A Copy Teste JOHN BROWN, Cl. G. C.


           Prince William Ss. At the request of the Plt. & Defendant and direction of the Commissioners appointed by the Honorable District Court of DUMFRIES to lay down HORSINGTONs Patent of Land for 2000 acres and run the head line for the Plts. land as each party shall require; I began September 21, 1790 and laid down the said Patent by a Survey made and returned by CORNELIUS KINCHELOE the 15th July 1788. late County Surveyor, Begining at A the mouth of POWELLS CREEK and by the several meanders to B. 1000 poles on straight line & on the said Creek side, then S. W. 330 poles to C by the said Survey & by the several dotted lines and Letters C, D, E, F, G, to H being the lands claimed by the purchasers or holders of the said Patent, then the Plaintiff desired me to run the dotted line E. F. to his head line So. E. 152 poles, then the Defendant desired me to run the long back line from N to 0153 poles for the Plts. head line, then So. W. 20 poles to E the Corner the Plt. claims and make nine acres by the within plot.

 JOHN MATTERLY

                      &                                 Chainmen                   BERTRAND EWELL

           JAMES WILLIAMS

          (The remainder of page 85 is a comprehensive drawing of the foregoing Survey.)


           THIS INDENTURE made this eighth day of December in the year of the Reign of our Sovereign Lord King William Anno Dom: 1700 Between BURR HARRISON of STAFFORD County in the Colony and Dominion of Virginia of one part and JAMES BLAND of SAINT MARYs County of the other part; Witnesseth that BURR HARRISON in consideration of the full sum of Seven thousand pounds of tobacco to him in hand paid by JAMES BLAND by these presents doth bargain and confirm unto JAMES BLAND his heirs one messuage or Tract of land lying in STAFFORD County in Virginia on the South side of POWELLS CREEK containing Six hundred acres begining at the mouth of the said Creek at the corner of a small Marsh below the Spring and so runs up the said Creek in length and breadth outward in the Neck called COLES POINT NECK with all rights members and


-35-                                         PRINCE WILLIAM COUNTY LAND CAUSES 1789-1793


appurtenances whatsoever and also the right title Interest and demand of said BURR HARRISON to the same; To have and to hold the six hundred acres of land hereby sold unto JAMES BLAND his heirs and will save and keep harmless the said JAMES BLAND from all manner of former grants dowers and troubles whatsoever only the rent which shall become due to the Lord of the Fee excepted and forfeited; In Witness whereof the parties

above mentioned have interchangeably their hands and affixed their seals the day and year first above in these presents mentioned and expressed

Signed sealed and delivered in the presence of

      (no witnesses shown)                            BURR HARRISON


At a Court held for STAFFORD COUNTY December 10th 1700

BURR HARRISON came into Court and acknowledged the above Deed of Sale to JAMES BLAND and it was then ordered that the said Deed be recorded                                |

                           Copy Test H. TYLER, Cl. Cur.


The Deposition of CATHARINE HALLEY being of Lawful age and taken in a suit depending and undetermined in the Honourable the District Court held at DUMFRIES between JAMES HALLEY Complainant and JAMES BLAND Defendant being first sworn deposeth and saith that shee well remembers that JOHN SIMPSON did intermarry with this Deponents Mother and that she lived with him for many years during which time she frequently heard the said JOHN SIMPSON say that he had two Brothers one by the name of THOMAS, the other GEORGE, and that they were both dead and RICHARD SIMPSON was the youngest Brother and the only one living and further this Deponent saith that during her abode with the said JOHN SIMPSON and her Mother, that they vent to visit the said RICHARD SIMPSON and carried this Deponent along with them and this

Deponent never remembers to have seen either THOMAS or GEORGE as she expects they were both dead before her remembrance; And further the Deponent saith not

                                        CATHARINE her mark  HALLEY


FAIRFAX Sct. The above Deposition was sworn to before me one of the Commonwealths Justices of the said County this 7th day of August 1790

                                          THOS: POLLARD


           KNOW ALL MEN by these presents that we EDWARD SMOOT and CUTHBERT BULLITT are held and firmly bound unto JAMES HALLEY his heirs and assigns in the full and just sum of One hundred pounds to the which payment well and truly to be made to said JAMES HALLEY we bind ourselves our heirs by these presents; Sealed with our seals and dated this l2th day of May Anno Dom: 1770


The Condition of the above obligation is such that Whereas on the said l2th day of May in the Court of Prince William County the above bound EDWARD SMOOT prayed an appeal from the Judgment of the said Court in favour of the said JAMES HALLEY and upon the said EDWARD SMOOTs motion an appeal was granted him to the next General Court: If therefore the said Appellant shall accordingly appear and prosecute the said

appeal with effect at the said next General Court and perform the Judgment of the said Court and pay the damages of the said Court which the law shall give if cast in the said appeal then the above obligation to be void else to remain in full force and virtue.

Sealed and Delivered in presence of

                      EVAN WILLIAMS                EDWARD SMOOT

                     THOMAS ATWELL              CUTHBERT BULLITT

                       Copy Test JOHN GRAHAM, Cl. Cur.




More about James Halley
Contributed by Wanda Snyder


More About JAMES HALLEY:

Date born 2: Abt. 17153

Fact 1: 07 Mar 1862, Signed Samuel Canterbury's will.4

Will: 01 Feb 1792, Probated Fairfax Co., VA 16 Jul 1792.5


More About ELIZABETH SIMPSON:

Fact 1: 07 Mar 1762, Signed Samuel Canterbury's will.6

Fact 2: 19 Sep 1762, Two slaves from father's estate.7

Fact 3: May 1764, One third interest (with first choice) in mother's wearing apparel, from mother's estate.8


Children of JAMES HALLEY and ELIZABETH SIMPSON are:

             i. JOHN3 HALLEY9, b. Abt. 17459; d. Boonsboro, KY9.


More About JOHN HALLEY:

Fact 1: 07 Jan 1787, Inherited bond of $20 which he owed to his uncle, Moses Simpson, from his uncle's estate.10

Fact 2: 01 Feb 1792, Inherited one tenth interest in residue of father's estate, and one ninth interest in items lent to sister, Sybil Peake, from father's estate.11


             ii. HENRY SIMPSON HALLEY12, b. 16 May 176213; d. 28 Nov 1838, Fort Boonsboro, KY13.


More About HENRY SIMPSON HALLEY:

Fact 1: 01 Feb 1792, Appointed co-executor, inherited all that tract of land in Truro Parish where his father lived and all adjoining lands, except that given to Baptist church, one tenth interest in residue, one ninth interest items lent to sister, Sybil, from father's estate.14

Fact 2: 16 Jul 1792, Presented father's will at court for probate.14

            iii. SARAH HALLEY15, b. Abt. 174616; m. WILLIAM WILKINSON17.

More About SARAH HALLEY:

Fact 1: May 1764, One gold ring with her first two initials engraved on it, from her grandmother's estate.18

Fact 2: 01 Feb 1792, 20 pounds Virginia currency, one tenth interest in residue of estate, one ninth interest in items left to sister, Sybil, from her father's estate.19


            iv. SYBIL HALLEY20, b. Abt. 175021; m. ? PEAKE22; d. Bef. 01 Feb 179222.


More About SYBIL HALLEY:

Fact 1: 01 Feb 1792, One feather bed & furniture, one cow & calf, a horse, 30 pounds in cash, the use of the room where she now lives, along with the use of a chest, desk, table, and the negro slave called Peter,  one tenth interest in residue, from her father's estate.23


            v. MARY HALLEY24, b. Abt. 175025; m. ? CRUMP26.


More About MARY HALLEY:

Fact 1: 01 Feb 1792, 20 pounds Virginia currency, one tenth interest in residue of father's estate, one ninth interest in items lent to sister, Sybil, from her father's estate.27


            vi. SUSAN HALLEY28, m. WILLIAM SAID29.


More About SUSAN HALLEY:

Fact 1: 01 Feb 1792, 20 pounds Virginia currency, one tenth interest in residue of estate, one ninth interest in items lent to sister, Sybil, from her father's estate.30


           vii. FRANCIS? HALLEY31, b. Abt. 176032; d. KY?32; m. FRANCES? SIMPSON32.


Notes for FRANCIS? HALLEY:

? Book U. p. 460 - 20 Sep 1792

Francis Halley and Frances his wife ... late of Fairfax Co., VA but now of KY ... in regard to the affairs of Susanna and Launcelot Beck who have separated ... and their agreeement with Aaron Simpson.

[source - Grant Pinnix]


More About FRANCIS? HALLEY:

Fact 1: 01 Feb 1792, Inherited remainder of tract of land (205 acres) on Pohick, one tenth interest in residue of estate, one ninth interest in items lent to sister, Sybil Peake,from father's estate.33


          viii. JAMES HALLEY, JR.34.


More About JAMES HALLEY, JR.:

Fact 1: 01 Feb 1792, Appointed co-executor of father's estate, inherits one tenth of residue of estate, inherits one ninth of items lent to sister, Sybil Peake.35

Fact 2: 16 Jul 1792, Presented father's will at court for probate.35


            ix. RICHARD HALLEY36.


More About RICHARD HALLEY:

Fact 1: 01 Feb 1792, Inherits one tenth interest in residue of father's estate, one ninth interest in items lent to sister, Sybil Peake, from father's estate.37


            x. WILLIAM HALLEY38.


More About WILLIAM HALLEY:

Fact 1: 01 Feb 1792, Appointed co-executor of father's estate, inherits one tenth of residue of estate, inherits one ninth interest in items lent to sister, Sybil Peake.39


Endnotes
1. Fairfax Co, VA Wills, Will Book F - pgs 134 - 140.
2. Will, Fairfax Co., VA - Will Book B 1758 - 1767 - pgs 347 - 349, Richard Simpson..
3. Pinnix, Grant.
4. Fairfax Co, VA Wills, Book ?, p. ?.
5. Fairfax Co, VA Wills, Will Book F - pgs 134 - 140.
6. Fairfax Co, VA Wills, Book ?, p. ?.
7. Fairfax Co, VA Wills, Will Book B 1758 - 1767 - pgs 347 - 349.
8. Fairfax Co, VA Wills, Will Book B1  1752 - 1767 - pgs 418 - 419.
9. Pinnix, Grant.
10. Fairfax Co, VA Wills, Will Book E - 1783 - 1791 - page 184 - 186.
11. Fairfax Co, VA Wills, Will Book F - pgs 134 - 140.
12. Fairfax Co, VA Wills, Will Book F - pgs 134 - 140, father's will.
13. Pinnix, Grant.
14. Fairfax Co, VA Wills, Will Book F - pgs 134 - 140.
15. Fairfax Co, VA Wills, Will Book B1  1752 - 1767 - pgs 418 - 419, will of grandmother, Sarah Simpson, and father's will, Fairfax Co. VA Wills, Will Book F - pgs 134 - 140.
16. Pinnix, Grant.
17. Fairfax Co, VA Wills, Will Book B1  1752 - 1767 - pgs 418 - 419, wife's grandmother's (Sarah Simpson) will.
18. Fairfax Co, VA Wills, Will Book B1  1752 - 1767 - pgs 418 - 419.
19. Fairfax Co, VA Wills, Will Book F - pgs 134 - 140.
20. Fairfax Co, VA Wills, Will Book F - pgs 134 - 140, father's will.
21. Pinnix, Grant.
22. Fairfax Co, VA Wills, Will Book F - pgs 134 - 140, father-in-law's will.
23. Fairfax Co, VA Wills, Will Book F - pgs 134 - 140.
24. Fairfax Co, VA Wills, Will Book F - pgs 134 - 140, father's will.
25. Pinnix, Grant.
26. Fairfax Co, VA Wills, Will Book F - pgs 134 - 140, father-in-law's will.
27. Fairfax Co, VA Wills, Will Book F - pgs 134 - 140.
28. Fairfax Co, VA Wills, Will Book F - pgs 134 - 140, father's will.
29. Fairfax Co, VA Wills, Will Book F - pgs 134 - 140, father-in-law's will.
30. Fairfax Co, VA Wills, Will Book F - pgs 134 - 140.
31. Fairfax Co, VA Wills, Will Book F - pgs 134 - 140, father's will.
32. Pinnix, Grant.
33. Fairfax Co, VA Wills, Will Book F - pgs 134 - 140.
34. Fairfax Co, VA Wills, Will Book F - pgs 134 - 140, father's will.
35. Fairfax Co, VA Wills, Will Book F - pgs 134 - 140.
36. Fairfax Co, VA Wills, Will Book F - pgs 134 - 140, father's will.
37. Fairfax Co, VA Wills, Will Book F - pgs 134 - 140.
38. Fairfax Co, VA Wills, Will Book F - pgs 134 - 140, father's will.
39. Fairfax Co, VA Wills, Will Book F - pgs 134 - 140.

 


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