1705 John Going Sr b. abt 1705 married to Mary Keith (Y2)

John Going Sr b. abt 1705 – d. ? (after 1769 as he personally appears in Court in Lunenburg Co, Va at that time and gives testimony as John Going Sr.), married Mary Keith (child of Cornelius Keith), lived in Stafford Co, Va 1710, Fairfax Co, Va 1743-46, Lunenburg Co, Va 1748-61, Orange Co, NC.

PARENTS of JOHN GOING:

• William Gowing b. abt 1678 – 1725 m. Catherine “Patterson” (confirmed parent of John Gowing)

PARENTS of MARY KEITH: 

• Cornelius Keith b. abt 1685 of Stafford Co, Va m. Dianna Cockarill

CHILDREN: 

• Susannah Gowen Hubbard b. 1731 (confirmed child of John Going)
• William Goyne b. 1733 (confirmed child of John Going)
• John Gowen Jr. b. abt 1735 m. Nancy Duncan (confirmed child of John Going)
• Sarah Going b. abt 1741 (presumed child of John Going)
• Amos Goyen b. 1744 (presumed child of John Going)
• Drury Goyen b. 1749 (presumed child of John Going)
• James Goyne b. 1755 (presumed child of John Going)

SIBLINGS:

• Ambrose Gowen b. abt 1703 – d. ? – m. ? (confirmed child of William b. 1678)
• Susannah Gowen b. 1707- d. ?, m. ? (confirmed child of William b. 1678)
• John Gowen b. abt. 1705 – d. aft. 1769, married Mary Keith (child of Cornelius Keith) (confirmed child of William b. 1678)
• Alexander Gowen b. abt 1715 – d. 1774, m. Sophia (confirmed child of William b. 1678)

(Y2) YDNA Group

Going Family of Stafford County, Va: 

• Going family of Stafford County, Virginia

State and County pages related to John Going Sr:

• Stafford Co, Va (born – 1726 abt? – father’s death)
• Prince William Co, Va (possibly from 1726-1739 – mother’s death)
• Fairfax Co., Va (1743-1746)
• Brunswick Co, Va (1755-56 – court cases only)
• Lunenburg Co, Va (1748 – 1761)
• Orange Co, NC (1762-?)

FACTS and EVENTS:

See the following pages for additional information:

Westmoreland County, Va
Stafford County, Va
Prince William County, Va
Fairfax County, Va
Brunswick County, Va
Lunenburg County, Va
Orange County, NC

The clusters of Going families that lived nearby in the 1750s were:

1) John Going b. about 1705 who married Mary Keith – his family lived in Lunenburg County, Virginia in the 1750s – in an area that later became Mecklenburg County, Virginia (This appears to be the John Going who was the son of William Going b. abt 1681 of Stafford County, Virginia).
2)  Drury Going and James Going who lived in Brunswick County, Virginia that later becomes Greensville County, Virginia.  (The parental line of Drury and James Going is unknown).
3) Edward Going, Michael Going, Thomas Going, and Joseph Going who were living further south in Granville County, North Carolina around the Tar River and Taylor’s Creek area (this appears to the be group of Going’s who came from Henrico and Hanover County, Virginia).
4) Alexander Going and his family who were living in the Orange County, North Carolina area.  (Alexander Going was another child of William Going b. 1681 of Stafford County, Virginia).
5)  William Gowen and his family who lived in the Bedford County,Virginia area.  (The parental line of this William Gowen is unknown).
6) William Going m. to Anna Statia Sullivan, Moses Going, and Aaron Going living in Goochland County, Virginia.  (The parental line of this William Going is unknown).
7) William Gowen and his family that lived in the “Grassy Creek” area of Granville County, North Carolina.  (The parental line of the “Grassy Creek” Going family is unknown).

(Note re Going/Gowen lines:  At least some of the Going/Gowen lines appear to have come out of Gloucester County and New Kent County, Virginia.  Unfortunately, records before the 1860s in Gloucester County, Virginia, and New Kent County, Virginia, have been destroyed.  Some state-wide records prior to the 1860s from those counties, for land grants, indicate that some Going families were living in those counties.  But since the county records were destroyed, it might not be possible to piece together where several of the above Going lines came from).

Y-DNA:  See the following page for Y-DNA results for this line:

Y-DNA information for Goyen:  https://goyengoinggowengoyneandgone.com/y-dna-for-goyen/

Y-DNA matches (most distant known ancestors of people we match – have common paternal ancestor with these people):  https://goyengoinggowengoyneandgone.com/ydna-matches/

Early Life to Adulthood:

John Going (or Gowen, Gowing, etc., spellings changed often), son of William  Gowing and Catherine Gowing (Padderson), is born in Stafford County about 1705. His identity as a son of William Gowen is documented in Fairfax County deed records when he transfers land located on Pope’s Head Run which was granted to his father by the proprietors.

1724 December 24, 1724 – 1728 November 16 – The parents of Mary Keith Going who married John Going Sr b. abt. 1705,  Cornelius and Elizabeth Keith, moved from Stafford County to Brunswick County, Virginia between December 24, 1724 [when their son John was born] and November 16, 1728. They settled on Maj. Mumford’s land on the Roanoke River near Monisep Ford. Stafford Co, Va

The land is described as “part of a tract granted to William Gowen, deceased, father to said Gowen, from the Proprietors dated November 12, 1725.”  This farm was later famous as part of a Civil War battlefield in the Battle of Bull Run.

STAFFORD, PRINCE WILLIAM and FAIRFAX CO, VA. – THE NORTHERN NECK: 

Stafford Co, Va page:  https://goyengoinggowengoyneandgone.com/virginia-stafford-county-1700s-to-early-1800s/

Prince William Co, Va page:  https://goyengoinggowengoyneandgone.com/virginia-prince-william-county-1700s-to-early-1800s/

Fairfax Co, Va page:  https://goyengoinggowengoyneandgone.com/virginia-fairfax-county-1700s-to-early-1800s/

John Going is married to Mary Keith (unknown date of marriage).  Mary Keith is the daughter of Cornelius Keith.  They are likely married in Stafford County.  Cornelius Keith arrives in the Colony of Virginia about 1709 (he is shown in Maryland from 1707-1709 – he appears to come to Virginia from Maryland in 1709).  He is shown as holding a patent to land “on the north side of the Occoquan River near Ridgewell.” 

MARY KEITH’S FATHER:  

See: Cornelius Keith b. abt 1675

The first notation/document I have located for any “Cornelius Keith/Keife” in Virginia/Maryland area on Nov 17, 1707 for Cornelius Keef’s marriage to Dianna Cockarill in Kent County, Maryland.

1707 Nov 16 -Name: Cornelius Keef
Spouse’s Name: Dianna Cockarill
Marriage Date: 16 Nov 1707
Marriage County: Kent
https://search.ancestry.com/cgi-bin/sse.dll?indiv=1&dbid=4738&h=5768&tid=&pid=&usePUB=true&_phsrc=ZPE455&_phstart=successSource

1709 approx arrival date of Cornelius Keith to Virginia based on the following entry:
1739 May 3 – John Scott Gent came into Court and made oath that it is now 3 years since his importation from Great Brittain and that he never before now has received the benefit of the Act of Assembly which allows 50 acres of land for every person imported from Great Brittain afsd which is ordered to be certified.
-Also, Thomas Avent came into Court made oath that he never yet received his importation right and that it is now 38 years since his importation which is ordered to be certified.
-Also Michael Cadetyoung came into Court and made oath that he never has made use of his importation Rite and that it is now 17 years since his Importation from Great Brittain which is ordered to be certified.
-Also, Cornelius Keith came into Court & made oath taht he never made use of his Importation Rite and that this is the first time and that it is now 30 years ago since his importation which is ordered to be certified.
-Also, Marmaduke Johnson from Ireland about 20 years ago, came into Court and made oath that he never made use of his Importation Rite and that this is the first time which is ordered to be certified.
– page 242 –
–John Stephens came into Court and made oath that he never made use of his importation Rite and that this is the first time notwithstanding his being imported from Great Brittain into this Colony 6 years ago which is ordered to be certified.
–Leatrick Dempsey came into Court and made oath that he never made use of his importation Rite and that this is the first time notwithstanding his being imported into this Colony from Ireland 18 years ago which is ordered to be certified.
https://www.familysearch.org/ark:/61903/3:1:3QS7-L9PH-CKH7?i=140&cat=274982
– page 243 –
–Henry Morris came into Court and made oath that he never made use of his Importation Rite and that this is the first time notwithstanding being imported from Great Brittain 21 years.
–William Eaton came into Court and made oath that he never made use of his Importation Rite and that this is the first time notwithstanding his being imported into this Colony from Great Brittain 20 odd years.
https://www.familysearch.org/ark:/61903/3:1:3QS7-L9PH-CK4N?i=141&cat=274982
Court Order Bk 1, p 241. Brunswick County, Virginia
https://www.familysearch.org/ark:/61903/3:1:3QS7-L9PH-CKH7?i=140&cat=274982
(Note: The headright system in Virginia allowed for 50 acres per person if they paid their own way to the Colony, and 50 acres for every person you paid to come to the Colony of Virginia. This system was used until 1779, but was used less often in the 1700s than in the 1600s)
Library of Virginia – Headrights (Va-Notes).
https://www.lva.virginia.gov/public/guides/va4_headrights.htm

(Note:  It does not say he came from Ireland or Great Britain (see above, several of the affiants indicate that they came from Ireland or Great Britain – but Cornelius Keith only says he arrived in the Colony 30 years prior. 

Additionally, this must have been Cornelius Keith born in the 1680s.  The text of the Headright Law only allowed 50 acres to the person who paid the way – if you paid your own way, you received your 50 acres, if you paid the way of other people then you received 50 acres for each person you paid for their passage. Cornelius Keith could only claim this 50 acres if he was the person who paid for his travel – so this is not Cornelius Keith who was a minor in 1709/1710 – it was the adult – so was born at least 21 years prior to 1709. Cornelius Keith is not making a claim based on him being the heir to a deceased parent, he is making a claim for his own payment of his passage. 

Compare this to the Hollis family.  There were several times that the Hollis family travelled back and forth from the Maryland Colony to the Virginia Colony, receiving land grants when they moved across the Potomac River from one colony to the other.  Since this does not say Cornelius Keith came from Ireland or Great Britain, the possibility that he came from Maryland, or another American colony, to Virginia is an open question.  It appears that the Going family moved back and forth from Maryland to Virginia, and there were Keith families in Maryland as well.  Cornelius Keith arriving from Maryland is a possibility).  

“January 11, 1714-15, Cornelius Keife is granted land in Stafford County on the south side of Neapsco Run.  Cornelius Keife, in partnership with Richard Kirkland receives a grant “of 268 acres 23rd, 11th month, 1714.”

1726 March 6 – (Lease): … between Ambrose Gowing of the Parish of Overwarton in the County of Stafford planter of the one part and Catherine Gowing of the same Parish & County widow of the other part … Ambrose Gowing doth heareby acknowledge hath bargained and sold and by these presents doth bargain & sell unto the said Catherine Gowing … one certain tract or parcel of land containing 112 acres situate … in the said County of Stafford on a branch issuing out of a Run called Popes Head the said branch known by the name of Rattlesnake Branch bounded … at a white oak standing in the fork of the said branch …
Signed: Ambrose Goin
Wit: Geo Mason, Joseph Hannis, Brent Huttnal.
At a Court held for Stafford County the 8th day of March 1726.
Ambrose Goin acknowledged his deed of lease to Catherine Goin which on her motion is admitted to record.
(Release): 1726 March 7 … between Ambrose Gowing of the Parish of Overwharton in the County of Stafford Planter of the one part & Catherine Gowing of the same parish & County widow of the other part … Ambrose Gowing for & in consideration of the sum of twenty pounds current money … paid by the said Catherine Gowing … confirm unto the said Catherine Gowing … one certain tract or parcel of land containing 112 acres … in the said County of Stafford and branch issueing out of a Run called Popeshead, the said Branch known by the name of Rattlesnake branch bounded … beginning at a white oak standing in the fork of the said Branch and extending thence South … as the same is granted by the Proprietors of the Northern Neck of Virginia unto William Gowing Father of the said Ambrose Gowing by Patent bearing date the 12th day of November in the year of our Lord God 1725 … which the said land and premises came and defended to and upon the said Ambrose Gowing as son and heir of the aforesaid William the patentee who died intestate ….
Signed: Ambrose Goin
Wits: George Mason, Joseph Hannis, Brent Nutthall.
I the within named Ambrose Gowing do hereby acknowledge to have received of the within named Catherine Gowing the sum of 20 pounds current mony being the consideration metioned in the within deed to be paid by her to me on the perfection thereof witness my hand this 7th day of arch anno Dom. 1726. 
Signed: Ambrose Goin
Wit: George Mason, Joseph Hannis, Brent Nutthall.
At a Court held for Stafford County the 8th day of March 1726.
Ambrose Goin acknowledged this his deed of release with the receipt thereon endorsed to Catherine Goin which on her motion is admitted to record. Test. Catesby Cocke.
https://www.familysearch.org/ark:/61903/3:1:3Q9M-C9PF-Z3Y8?i=186&cat=366578

1725/26 William Gowring, decd. 1725/6.
Section: Stafford County Wills, Administrations, Inventories, Etc. 1664-1760. Ancestry.com. Virginia Will Records [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2008. Original data:Judith McGhan. Virginia Will Records. Baltimore: Genealogical Publishing Co., Inc., 1993.
https://www.ancestry.com/sharing/44290?token=uIOVHpp%2BxYnxUy%2BeVMkKtvkpRpTUOuQbkJ5v9sSRQEk%3D

1726 William Gowing (Goin?), decd. 1726.
Section: Stafford County Wills, Administrations, Inventories, Etc. 1664-1760. Ancestry.com. Virginia Will Records [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2008. Original data:Judith McGhan. Virginia Will Records. Baltimore: Genealogical Publishing Co., Inc., 1993.
https://www.ancestry.com/sharing/44290?token=uIOVHpp%2BxYnxUy%2BeVMkKtvkpRpTUOuQbkJ5v9sSRQEk%3D

1727 William Goin. p 253, inventory; p 269, Estate A/C.
Section: A Missing Will Book of Stafford County and Its Contents. pg. 370. Ancestry.com. Virginia Will Records [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2008. Original data:Judith McGhan. Virginia Will Records. Baltimore: Genealogical Publishing Co., Inc., 1993.
https://www.ancestry.com/sharing/44257?token=n%2BeswvGoOv2StfeU3AP2kMiJcSV36Qw84kNkm39Pd2U%3D

1727/8 William Gowry. page 268, inventory.
Section: A Missing Will Book of Stafford County and Its Contents. Ancestry.com. Virginia Will Records [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2008. Original data:Judith McGhan. Virginia Will Records. Baltimore: Genealogical Publishing Co., Inc., 1993.
https://www.ancestry.com/sharing/44257?token=n%2BeswvGoOv2StfeU3AP2kMiJcSV36Qw84kNkm39Pd2U%3D

1739 an affid filed by Cornelius Keith shows he arrives in the Colony of Virginia in 1709 (filed affid in 1739 in Brunswick Co, Va that he arrived 30 years earlier).
https://www.ancestry.com/sharing/89826?token=Ch8hN6CYvIq9mSay7PZHoC0%2FBsM47HeubOe6WQ9uxWI%3D

WILL OF CATHERINE GOWING PADDERSON (mother of John Going):  

The first records showing John Going relate to his mother’s will and probate. His father, William Going, had died back in 1725 with no known will. 

In 1739 John Going’s mother, Catherine Gowing (now Padderson as she has remarried), writes her will.  Shortly after, she dies.  Her will lists several of William and Catherine Gowing’s children, including John Going as executor of her will:

1739 May 21 – Catherine Padderson writes her will May 21, 1739, and it is presented for probate July 23, 1739, indicating that her death date in the two-month period, according to “Prince William County Will Book C” by John Frederick Forman. The will leaves her estate, valued at £36:2:4.75, to two younger children and names her son John Gowen as administrator. The will reads:

1739 May 21 (written); 1739 July 23 (probated) – Last Will and Testament of Catherine Padderson
In the name of God amen, May 21 1739 I Catherine Padderson being sick and weak of body but perfect in memory thanks be to allmighty God for it. I do hereby appoint this to be my Last Will and Testament all other wills heretofore by me made to be void and of none effect.
– First, I give and bequeath my soul to God that gave it and my body to the Earch to be buried in decent order as my executors shall see fit.
– Viz, And first I give and bequeath unto my well beloved son Elixander Going one negro man named Robin and one horse and a horse colt and one cow and calf and a cow yearling and halph of my movable houshold stuf and one parcel of land whereon I now live containing 66 acres, it being part of a tract containing 132 acres.
– Viz, next I give and bequeath unto my well beloved daughter Susannah Going one negro man named Jackey and one mare and saddle, cow and calf and two cow yearlings and one feather bed and bolster, a rugg and one pare of blankits and half the household stuf.
– My crop of tob: which is now in my house after my debts is paid I bequeath to be equally divided between my son Elixander Going and my daughter Susannah Going.
– I leave my well beloved son John Going whole and sole executor of this my last will and testament.
Signed: Catherin Padderson (mark)
Wits: Thomas Ford, Jane Ford, Ann Gladding
Will Bk C, p 180. Prince William Co, Va.
https://www.familysearch.org/ark:/61903/3:1:3QS7-L9PX-FQ2Y?i=100&cat=379047

1739 July 23 – (Certificate of Administration of Catherine Padderson decd’s Estate granted John Going)
At a Court held for Prince William County July 23d 1739.
This will was presented in Court by John Going sole executor herein named who prayed certificate for obtaining a probate thereof but it being suggested that the decd’s husband is living on the motion of the said John Going & giving security for his just & faithfull administration of the said decd’s Estate certificate was granted him for obtaining letters of Administration with the will annexed in due form.
Test: Catesby Cocke, ClCur.
Will Bk C, p 181. Prince William Co, Va.
https://www.familysearch.org/ark:/61903/3:1:3QS7-L9PX-FQ2Y?i=100&cat=379047

1739 July 23 – (Bond) Know all men by these presents that we John Going, William Scutt & John Hollis are held and firmly bound unto Denis McCarty Gent the first Justice in the comission of the Peace for Prince William County for and in behalf & to the sole use & behoof of the Justices of the said County & their successors in the sum of 100 pounds to be paid to the said Denis McCarty his exrs… & assigns … which payment will and truly to be made we bind ourselves & every of us our & every of our heirs exrs & assgns jointly & severally firmly by these presents. Sealed with our seals dated this 23 day of July 1739.
The condition of this obligation is such that if the above bounden John Going Admr with the will annexed of the goods chattels and credits of Catherine Padderson decd do make or cause to be made a true and perfect Inventory of all & singuar the goods chattels and credits of the said deceased which have or shall come to the hands possession or knowledge of the said John Going or into the hands or possession of any other person or persons for him and the same so made do exhibit or cause to be exhibited into the County Court of Prince William at such times as he shall be thereunto required by the said Court and the same Goods Chattels & Credits & all other the the Goods Chattels & Credits of the said decd at the time of her death which at any time after shall come to the hands or possession of the said John Going or into the hands or possession of any other person or persons for him do well & truly administer according to law and further do make a just & true account of his actings & doings therein when thereto required by the said Court and also do well & truly pay & deliver all the Legacys contained & specified in the said Testament as far as the said Goods Chattels & Credits will thereunto extend according to the value thereof & the law shall charge then this oblication to be voide otherwise to remain in ful force and virtue.
Signed: John Going, John Hollis, William Scutt
Wit: John Bowie
At a Court held for Prince Wiliam County July 23 1739 John Going, John Hollis & William Scutt acknowledged this bond to be their act & deed and it was thereupon ordered to be recorded.
Test: Catesby Cocke, ClCur
Will Bk C, p 181-182. Prince William Co, Va.
https://www.familysearch.org/ark:/61903/3:1:3QS7-L9PX-FQ2Y?i=100&cat=379047

1739 Aug 27 Prince William County. In obedience to the Court an Inventory of the Estate of Catherin Padderson decd.
To 7 head of cattle – 4.11.0
To one old horse at – 1.0.0
To 10 pounds & 3 quarters of old pewter – 0.8.6
To 5 pounds new Do. – 0.6.10
To a parcell of wooden ware at – 0.6.0
To a parcell of earthen ware at – 0.2.0
To sum other old lumber at – 0.1.6
To a parcell of old iron at – 0.7.6
To one Gun at – 1.5.0
To one feather bed & rug & one pare blankits – 2.14.0
To the crop of tob. quantity 1897
To two negroe men at – 25.0.0
August 27, 1739 – (Total) – 36.2.4 and 3/4
Thomas Ford, Thomas Elzey, Richard Simpson – Apraisers
Signed: John Going admin
At a Court held for Prince William County August 27, 1739.
John Going presented this Inventory & Appraisement which was ordered to be recorded.
Test: Catesby Cocke, ClCur
Will Bk C, p 188. Prince William Co, Va.
https://www.familysearch.org/ark:/61903/3:1:3QS7-L9PX-FQ2Y?i=100&cat=379047

1739 Nov 26 – Catherine Padderson’s Addtl Inventory
Prince William County November 26, 1739. To the Worshipful Court an additional Inventory of the Estate of Catherine Padderson decd viz:
To one Mare at – 1.0.0
To one old Rund Lett(?) – 0.1.0
(Total): 1.1.0
Thomas Ford, Thomas Elzey, Richard Simson – Appraisers
Signed: John Going
At a Court held for Prince William County November 26, 1739. John Going returned this Additional Inventory & Appraisement which was ordered to be recorded. Test: Catesby Cocke, ClCur
Will Bk C, p 195. Prince William Co, Va.
https://www.familysearch.org/ark:/61903/3:1:3QS7-L9PX-FQ5X?i=107&cat=379047

1739 Nov 27 – Catherine Pattison Acct of Estate 1739.
The Estate of Catherine Pattison decd.
pd Edward Barry – 116 [Truro Parish clerk]
pd Judgment – 177
pd Capt Valentine Payton – 364
pd Thomas Ford – 40
pd Clerks fees – 120
pd Service? fees – 32
pd Alexander Gowin – 330
pd Susanna Gowin – 250
pd John Gowin – 468
By the crop made Anno 1738 – 1897
(Total): 1897
Cash Account
To funeral expenses – 0.19.0
pd Mr William Dunlop – 7.4.0
To a debt to me – 0.8.0
by the inventory 37.3.4 and 3/4
by the above bal 468 tob at 12/6 pcent – 2.18.8
To bal due by John Gowen
Signed: John Gowin
At a Court continued & held for Prince William County November 27, 1739 John Going presented this account which was allowed & ordered to be recorded.
Test: Catesby Cocke, ClCur
Will Bk C, p 199. Prince William Co, Va.
https://www.familysearch.org/ark:/61903/3:1:3QS7-L9PX-FQ2N?i=109&cat=379047

In 1739, John Going is listed in the Inheritance Tax Book C, page 181, in Prince William County, Virginia.  1739 – Prince William County, Virginia Wills, Part 2, 1734-1920
Given Name: John
Surname: Goings
Year: 1739
Inheritance Tax/Book: C
Inheritance Tax Page #: 181
Ancestry.com. Prince William County, Virginia Wills, Part 2, 1734-1920 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 1999.
https://search.ancestry.com/cgi-bin/sse.dll?indiv=1&dbid=3898&h=1580&tid=&pid=&usePUB=true&_phsrc=kUu4551&_phstart=successSource

1740 Sept 26 – John Going plt v. John Sweet deft, suit for 600 pounds of tobacco due by acct, the deft failing to appear and the plt having by oath proved his acct judgmt is granted him agt the sd deft for 550 pounds of tobacco and costs together with 7 shillings and 6 pence for attorneys fees.
– (same date) – Richard Gladdin of Prince William County having made oath that he had attended 3 days as an evidence for John Going agt John Sweet upon his motion ordered that the said Going pay him 75 pounds of tobacco for his 3 days attendane and 300 pounds of tobacco for twice coming and going 50 miles.
Orange Co, Va Court Orders bk 2, p 259
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CS4F-NSQQ-P?i=444&cat=402491

After his mother’s death, in 1741, a John Going is listed as a Corporal in Colonel Gooch’s Regiment also known as Gooch’s Marines (the US Marines trace their history back to Gooch’s Marines).  John Going is listed from Sept 1741 to October 1742.  This would have been during the War of Jenkins Ear, but after the battle of Cartegena. (Note:  this “may” be John Going who m. Mary Keith)

The American colonial marines were raised in the colony of Virginia and from other Middle Colonies, under the command of Governor William Gooch.^[10] Although it may have been composed of men from surrounding colonies intent for a Crown commission, it was also used as a dumping ground for its debtors, criminals, scoundrels, and vagrants. This “four-battalion” regiment, the 43rd Regiment of Foot, better known as “Gooch’s Marines”, has a lineage that can be traced to the origin of the United States Marine Corps.^[11] 

https://en.wikipedia.org/wiki/History_of_the_United_States_Marine_Corps

https://en.wikipedia.org/wiki/History_of_the_Royal_Marines

John Going in Gooch’s Marines

Fairfax County is created in 1742 out of Prince William Co, Va, and John Gowen and his brother, Alexander Gowen, are in Fairfax County.

1742 Oct 13 – John Gowin survey was done on Oct 13, 1742 for 155 acres in Fairfax Co Va – … survey for John Gowin Oct 13, 1742 … corner of Thomas Ford … with Ford’s lines … on the main branch of Popeshead … corner of Capt Connier’s … containing 155 acres. Chainmen listed as: John Stark, Alexander Gowin. Surveyor signed: W West. Fairfax Co, Va.
http://image.lva.virginia.gov/LONN/NN-1/213/0385_0388.pdf

1742 Oct 30 – HENRY NODEN, forfeited by John Starks; no wart, survd 30 Oct. 1742; 138 acres. adj. Col Carter, widow Coffer, John Marton. Chain Carriers: John Gowen & Alexander Gowen. Surveyor: William West.
Northern Neck Warrants and Surveys Vol IV, Fairfax Co. Va {Peggy Joyner}

1742 Oct 30 – John Gowen had this survey Oct 30, 1742 for 144 acres in Fairfax Co Va – described as … near a branch of The North Run of Pohick and Corner to Robert Carter Esqr … line of the widow Coster (sp?) … line of Richard Simpson … Chainmen:  John Stark, Alexander Gowen.  Pilitt: John Gowen.  Surveyor: William West.
http://image.lva.virginia.gov/LONN/NN-1/213/0378_0380.pdf

1742 Dec 1 – John Gowen’s brother, Alexander Gowen, has his survey done: Alexander Gowin assignee of William Dowling survey Dec 1, 1742 for 461 acres in Fairfax Co Va
http://image.lva.virginia.gov/LONN/NN-1/213/0381_0384.pdf

1742 Apr 16 a warrant was issued for William Dowling for 500 acres on the branches of Pohick joyning the land of Lewis Elzey … on Nov 30, 1742 Mr Dowling refused the land warrant – and it was ordered to be given to Alexander Gowin … Fairfax Co, Va..

1742 Dec 1 – … surveyed for Alexander Gowin … corner of Col Carter … to the Ox Rode … 461 acres on the Branches of Pohick. Chain Men: John Stark, John Gowin. Surveyor. W West. Fairfax Co Va.

1743 Nov 27 – John Gowen is mentioned in a grant to William Ellzey dated November 27, 1743 as living adjacent to the Ellzey prop­erty “on Wolf Run and Ox Road, along with Col. Carter, Bond Veale, Thomas Ford and Tillet.” Northern Neck Grants F, 1742-1754, p. 144 (Reel 292).   https://lva.primo.exlibrisgroup.com/permalink/01LVA_INST/altrmk/alma990008525510205756

1744 March 5 – John Goen and wife Mary to Thomas Ford, Lease & Release, Deed bk A1, p 349-354, Fairfax Co, Va
Lease: … between John Goen of the Parish of Truro in the County of Fairfax and Mary his wife of the one part and Thomas Ford of the parish and county aforesaid of the other part… John Goen and Mary his wife … sell unto the said Thomas Ford two certain parcels of Land one tract or parcel of land containing 56 acres the same more or less situate and being in the Parish and County aforesaid on the E side of Popes Head Run and bounded … in the Fork of the Rattle Snake Branch … part of a greater tract of land containing 112 acres granted to William Goen dec’d father to the said John Goen … deed from the proprietors office bearing date the 12th day of November 1725 … and also another tract or parcel of land containing by estimation 44 acres being part of a greater tract of land containing 155 acres situate … in the County of Fairfax aforesaid on Popes Head Run between Thomas Fords two former tracts of land and a tract of land formerly granted to David Waugh and bounded … on the main run’s corner to the said Thomas Ford thence along the said Fords line … to another corner of the said Ford … to the main run of Popes Head … on each side of the said run … the same being granted to John Goen by deed from the Proprietors office dated 6th day of July 1744 …
Signed: John Goen, Mary Goen
Wit: William King, John Ford, Robert Lindsey, Richard Simpson Junr, Giles Tillet, Alexander Anderson
1744 Apr 16 – lease proved by oaths of Giles Tillett, William King, and Richard Simpson Junr …
1745 March 6 – Release: … between John Goen of the Parish of Truro in the County of Fairfax and Mary his wife of the one part and Thomas Ford of the Parish and County aforesaid of the other part … confirm unto the said Thomas Ford … two certain parcels of land, one tract containing 56 acres… (described above in Lease) … the other tract containing 44 acres … (described above) …
Signed: John Goen, Mary Goen
Wit: William King, John Ford, Robert Lindsey, Richard Simpson Junr, Giles Tillet, Alexander Anderson1745 Apr 16 – release recorded.  https://www.familysearch.org/ark:/61903/3:1:3Q9M-CS4V-BSX5-7?i=189&cat=202100 1744 Mar 6 – John Goen and wife Mary to Thomas Ford, Release, Deed bk A1, p 351, Fairfax Co, Va https://www.familysearch.org/ark:/61903/3:1:3Q9M-CS4V-BSF3-8?i=190&cat=202100

The deed / indenture confirms that William Gowing is John Gowing’s father.  It states that the 56 acres were previously owned by his father as part of a 112 acre tract. (Note: This same 112 acre tract of land was mentioned in 1726 when John Going’s brother, Ambrose Going had inherited the land from William Going decd’s estate – their father – where in 1726 Ambrose Going conveys that 112 acre tract to Catherine Going, widow of William Going decd.).  

Note:  Some time in the mid to late 1720s, Cornelius Keiffe/Keith’s daughter Mary was married to John Going/Gowen.

On July 6, 1744 John Gowen receives Grant No. 368 for 155 acres “on a branch of the Popeshead and Pohick Rivers, adja­cent to Thomas Ford and Capt. Connyers,” according to”Grants by the Proprietors of the Northern Neck of Vir­ginia.”  The land lay in Fairfax County, according to  Northern Neck Grants F, 1742-1754, p. 187 (Reel 292). https://lva.primo.exlibrisgroup.com/permalink/01LVA_INST/altrmk/alma990008537220205756

1742 July 28 was the date of the warrant.  John Gowin’s warrant stated … “To Mr William West … Whereas John Gowin of Prince William County …. there are about 400 acres of waste and ungranted lands in the County of Prince William joyning to the land of Col Carter, Capt Elzey and on the branches of Popes Head and Pohick ….

1742 Oct 13 – John Gowin survey was done on Oct 13, 1742 for 155 acres in Fairfax Co Va – … survey for John Gowin Oct 13, 1742 … corner of Thomas Ford … with Ford’s lines … on the main branch of Popeshead … corner of Capt Connier’s … containing 155 acres. Chainmen listed as: John Stark, Alexander Gowin. Surveyor signed: W West. Fairfax Co, Va.
http://image.lva.virginia.gov/LONN/NN-1/213/0385_0388.pdf

Google Maps shows the location where Popes Head Creek and Pohick Creek come together to be in the City of Fairfax, Virginia, about 6/10th of a mile (0.6 miles) south west of George Mason University.  https://www.google.com/maps/dir/38.8274887,-77.3165659/38.81885,-77.3201709/@38.823184,-77.3227443,16z/am=t/data=!3m1!4b1!4m2!4m1!3e0

On July 10, 1744 John Gowen receives Grant No. 371 for 144 acres “in a glade near a branch of North Run Pohick which cor­ners Robert Carter,” according to “Grants by the Propri­etors of the Northern Neck of Virginia.”  It is also located in Fairfax County, according to Northern Neck Grants F, 1742-1754, p. 191 (Reel 292).  The deeds are recorded in “Patents and Northern Neck Grants of Fairfax County, Virginia.” https://lva.primo.exlibrisgroup.com/permalink/01LVA_INST/altrmk/alma990008537230205756

The warrant for John Gowin’s land is issued for 400 acres in 1742. The same warrant that was used for his 155 acre survey appears to have been used for his 144 acre survey. 

1742 July 28 (warrant) – To Mr William West whereas John Gowin of Prince William County hath informed that there are about 400 acres of wast and ungranted lands in the County of Prince William joyning to the land of Col Carter, Capt Elzey and on the Branches of Popeshead and Pohic …
These are therefore to empower you the said William West to make a true just and accurate survey … into the office any time before the 25th day of December next ensuing….under my hand … this 28th July 1742. W. Fairfax.

1742 Oct 30 – John Gowen had this survey Oct 30, 1742 for 144 acres in Fairfax Co Va – described as … near a branch of The North Run of Pohick and Corner to Robert Carter Esqr … line of the widow Coster (sp?) … line of Richard Simpson … Chainmen:  John Stark, Alexander Gowen.  Pilitt: John Gowen.  Surveyor: William West.
http://image.lva.virginia.gov/LONN/NN-1/213/0378_0380.pdf

1746 Feb 5 – Samuel Clark of Brunswick to Thomas Twitty of same county 480 acres on the North side of Roanoke River & is the remaining part of a tract of 580 acres granted to Robert Hicks deed by letters patent bearing date at Williamsburgh the 28 Sept 1728 & devised to the above mentioned Samuel Clark by said Hicks by deeds of gift which are recorded in Brunswick Co. The former part of tract was conveyed to Cornelius Keith deed by Indentures from the above mentioned Robert Hix and from the said Keith to the above mentioned Thomas Twitty as may appear by the Records of the Court of Brunswick…
Signed: Samuel Clark
Wit: Clement Read, William Hill, Thomas Lanier.
Recorded 1st December 1746.
Deed bk 1, p 99-101. Lunenburg County, Virginia
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CS4L-8KD8?i=60&cat=372284

On June 9, 1746 John Going sells land in Truro Parish to Edward Kirkland, a son of Richard Kirkland who, along with Cornelius Keife, was the original grantee.  The deed is re­corded in Fairfax County Deed Book B, page 32. Witnesses to the transaction were Bond Veale, John Bayliss and William King.

This transfer involved 268 acres on the north side of Occoquan Run which had been originally granted jointly to Cornelius Keife and “Richard Kirkland, deceased.”  Mary Gowing (Keith maiden name) is selling  her father’s land – confirming her status as daughter of Cornelius Keith.

1746 June 9 – John Goen and wife Mary to Edward Kirkland, Lease & Release, Deed bk B1 p 32-39, Fairfax Co, Va
Lease p. 32: … between John Goen of the Parish of Truro in the County of Fairfax and Mary his wife of the one part & Edward Kirkland of the parish and County aforesaid of the other part … the said John Goen and Mary his wife … sell unto the said Edward Kirkland one half of a certain parcel of land a tract or parcel containing 268 acres of land situate lying in parish & County aforesaid on the North side of Ocaquan below the mouth of the North Fork of the said Run Ocaquan and bounded … upon the said riverside being the uppermost corner tree of a tract of land belonging to Richard Ridgewell … along the said Ridgewells line .. at the mouth of the said Run thence down the water course of the said river to the beginning … it being a tract of land granted to Richard Kirkland dec’d & Cornelias Keeif father to the said Goens wife party to these presents by deed from the proprietors office bearing date the 23 day of November 1714 … & from the said Cornelias Keeif him his heirs … the half of the said parcel or tract of land aforementioned which the said Edward Kirkland is at this present possess …
Signed: John Gowen, Mary Gowen
Wit: John Bayless, William King, Bond Veale
1746 Aug 19 – At a Court held for Fairfax County .. this lease from John Goen & Mary Goen to Edward Kirkland was proved by the oaths of John Bayless, William King, and Bond Veale to be their act & Deed & admitted to record.
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CS4V-BSXH-D?i=375&cat=202100
1746 June 10 – John Goen and wife Mary to Edward Kirkland, Release, Deed bk B1, p 35, Fairfax Co, Va
Release p. 35: … between John Goen of the Parish of Truro in the County of Fairfax and Mary his wife of the one part & Edward Kirkland of the parish and County aforesaid of the other part … confirm unto the said Edward Kirkland … one half of a certain parcel of land a tract parcel containing 268 acres … (description above in lease) …
Signed: John Gowen, Mary Gowen
Wit: John Bayless, William King, Bond Veale
1746 Aug 19 – At a court held for Fairfax County … this release from John Goen and Mary Goen to Edward Kirkland was proved by the oaths of John Bayless, William King & Bond Veale to be their act & Deed & admitted to record.
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CS4V-BSX4-W?i=376&cat=202100

See the following original grant to Cornelius Keeif:

1713 Sept 4 – Cornelius Keiffe and Richard Kirkland receive 268 acres. On the North side of Occoquan River. Adj to Richard Ridgewell. Stafford County, Va. Northern Neck Grants No. 5, 1713-1719, p. 6 (Reel 289).  https://lva.primo.exlibrisgroup.com/permalink/01LVA_INST/altrmk/alma990008562300205756  1714 Nov 23, Cornelius Keeiffe (Keith) and Richard Kirkland receive a grant for 268 acres on the North side of the Occoquan River, adj to Rd. Ridgewell. Northern Neck Grants No. 5, 1713-1719, p. 6 (Reel 289). (Looks like the same grant, just recorded twice on the Library of Virginia’s website). https://lva.primo.exlibrisgroup.com/permalink/01LVA_INST/altrmk/alma990008559580205756

1713 Sept 4 – Cornelius Keiffe and Richard Kirkland receives 268 acres. On the North side of Occoquan River. Adj to Richard Ridgewell. Stafford County, Va. Book 5, p 6. (Same as the grants above – just available on Family Search).  https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSYD-VSPM-W?i=157&cat=414338 (Note: Cornelies Keiff is the father of Mary Keith Gowing and Father in Law of John Gowing b. abt. 1700 – son of William Gowing b. abt. 1680. Half of this land is later left to John Gowing and Mary when Cornelius Keiffe dies. The land is then in 1746 is conveyed by John and Mary Gowing to Richard Kirkland decd’s son Edward Kirkland. There is no indication John and Mary Gowing ever lived on this land – Cornelius may have died some time just prior to the conveyance). 

These 268 acres granted to Cornelius Keeiffe and Richard Kirkland are found on the following map (click to enlarge):

On July 14, 1746 John Gowen sells 144 acres in Truro Parish he had re­ceived to Bond Veale, according to Fairfax County Deed Book B, page 24.  Witnesses to the transaction are William Grove, George Dunson and John Duren.  Mary Keith Gowen relinquished her dower rights.

1746 July 14 Lease: – John Gowen to Bond Veale, Lease & Release, Deed bk B1, p 24-29, Fairfax Co, Va
Lease p. 24: … between John Gowen of Truro Parish and the County of Fairfax planter of the one part & Bond Veale of the aforesaid Parish & County planter of the other part … the said John Gowen … doth bargain and sell unto the aforesaid Bond Veale … all that parcel of land containing by estimation 144 acres … which was granted to the said John Gowen by deed from the Proprietors office bearing date the 10th day of July 1744 … in the Parish and County aforesaid and bounded … near a branch of the North Run of Pohick and corner toRobert Carter Esqr thence with his line … in the line of theWidow Coffer … to the line of Richard Simpson …
Signed: John Gowen
Wit: William Grove, George Duren, John Duren.
1746 July 15 – John Gowen acknowledged this lease to Bond Veale to be his act and Deed which is admitted to record.
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CS4V-BSXH-2?i=371&cat=202100

1746 July 15 – John Gowen to Bond Veale, Release, Deed bk B1, p 26, Fairfax Co, Va
Release p. 26: … between John Gowen of Truro Parish and the County of Fairfax planter of the one part & Bond Veale of the aforesaid Parish & County planter of the other part … John Gowen … doth fully acquit & discharge the said Bond Veale … confirm unto the said Bond Veale … land containing by estimation 144 acres … granted to the said John Gowen by deed from the proprietors office bearing the date the 10th day of July 1744 … (described in lease above) …
Signed: John Gowen
Wit: William Grove, George Duren, John Duren.
1746 July 15 – John Gowen acknowledged this release to Bond Veale to be his act and deed and Mary the wife of the said Gowen being privatly examined relinquished her right of Dower to the land by the said release …
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CS4V-BSXZ-K?i=372&cat=202100
http://www.fairfaxcounty.gov/courts/circuit/pdf/deed-book-index-1742-1797.pdf

“John Gowen of Truro Parish” sells the grant July 15, 1746 to Bond Veale, also of Truro Parish “for £7:12:6 current money of Virginia plus 500 pounds of Tob.” [tobacco], according to Fair­fax County Deed Book B, page 26.  “Grants by the Propri­etors of the Northern Neck of Virginia” records:

“George Veale, one of the legal representatives of Elijah Veale, late of Hyde County, North Carolina, sells one equal undivided sixth part of this tract to George Slacum of Alexandria for “the further sum of $1.00.”  The deed recites that John Gowen sold the property to Bond Veale July 15, 1746.  Bond Veale by his will devised it to his son John who devised it to his son Elijah.

“William Ellzey, of [nearby] Loudoun County, Attorney at Law, and Alice his wife, on January 19, 1777 sold for £130 to Thomas Sangster, Blacksmith, two tracts: 300 acres granted to said William Ellzey and 56 acres, part of patent of John Gowen which William Ellzey purchased from James Ingoe Dozer,” ac­cording to “Grants by the Proprietors of the Northern Neck of Virginia.” and Fairfax County Deed Book M, page 252.

BRUNSWICK / LUNENBURG COUNTIES, VIRGINIA:

Brunswick Co, Va page:  https://goyengoinggowengoyneandgone.com/virginia-brunswick-county-1700s-to-early-1800s/

Lunenburg Co, Va page:  https://goyengoinggowengoyneandgone.com/virginia-lunenburg-county-1700s-to-early-1800s/

(Below are different Going, Goyen, Gowen related sources for those people were in the Virginia, North Carolina, or South Carolina areas in the early 1700’s to early 1800’s)

John Gowen and Mary Keith Gowen removed to Lunenburg County, Virginia on the North Carolina border about 1747.  In 1765 Mecklenburg County was formed with land taken from the south side of Lunenburg County. 

John Gowen pays a tax on two tithables in 1748 in the Lunenburg County tax list of Lewis Deloney, according to “Sunlight on the South Side.” page 67. John Goin and William Going are shown on page 170 of Field Jefferson’s list with one tithe. This was the same precinct originally assigned to Lewis Deloney. On the same page, William Going appeared with one tithe. The tithe list shows that William Going is at least age 16 in 1748, according to Landon C. Bell in “Sunlight on the Southside.” This part of Lunenburg County became Mecklenburg County in 1765.

1748 – A List of Tythables for the Year 1748. Lunenburg Co, Va
[Lewis] Deloney’s List (NOTE: This is mostly the modern Mecklenburg Co, Va area)
John Going – 2
Richard Gladdin and William Gladdin – 2
William Hill – 5
Richd. Hill – 1

1748 – A List of Tithables from the Mouth of Falling River. Lunenburg Co, Va
Upwards for the Year 1748
Taken by John Phelps (NOTE: This is mostly the modern Bedford Co, western Campbell Co, Va. areas)
Richard Hill – 1
David Dalton and John Hill – 2
William Hill – 1

1748 – A List of Tithables for June 10, 1748. Lunenburg Co, Va
Taken by Lyddal Bacon 
Robert Allen, Young Allen – 4
Drury Allin – 3

1748 – A List of Tithables for 1748. Lunenburg Co, Va
List Taken by William Caldwell (NOTE: This is mostly the modern eastern Campbell Co, Va area)
William Easley – 1
http://files.usgwarchives.net/va/lunenburg/census/sun002.txt

John Going Sr. b. abt 1700 continues to live in Lunenburg Co, Virginia, as seen by the 1749 tithe list.

1749 – Lunenburg Co, Va List Taken by Nicholas Haile (“from Goose Creek to the extent of the County upwards.”)
John Hill, William Hill – 2
Charles Merryman, Senr., Constable, Charles Merryman, Junr., Joseph Clark – 2
John Keeth – 1

1749 – Lunenburg Co, Va “The List of Tiths taken Between Hounds Creek and Meherrin 1749”
By Hugh Lawson (“from Hounds Creek to the extent of the County downwards.”)
Tithes Heads & Scalps
John Scott – 1 – 6
Robert Scott – 1
William Love – 1 – 6

1749 – Lunenburg Co, Va “A List of Tithes for June 10th, 1749”
Taken by L. Bacon (“from Hounds Creek to Little Ronoke River.”) 
Tithes Crs. Hds.
Young Allen, Robt. Allen – 4 – 21
Drury Allen – 3 – 5

1749 – Lunenburg Co, Va William Howard’s List of Tithables, 1749 (“from Butchers Creek to the extent of the County downwards.”)
Tithes H. & Scalps
John Gowen – 2 – 12
William Scott – 1 – 6
Thomas Lanier – 1 – 6
William Hill – 7 – 49  http://files.usgwarchives.net/va/lunenburg/census/sun003.txt

This part of Lunenburg County became Mecklenburg County in 1765.

1751 John Going and Thos Going 3 tithes – Lunenburg Co, Va. There is also a John Goin with 1 tithe in a separate household – Lunenburg Co, Va
http://ftp.rootsweb.ancestry.com/pub/usgenweb/va/lunenburg/census/sun005.txt

1751 – List taken by Lyddall Bacon Tithes Lunenburg Co, Va
Young Allin – 1
Drury Allin – 3
Jos. Allin, Robert Allin, Jr., Robert Allin, Ser – 5
John Stone, John Winn – 4
Thos. Winn – 5

1751 – List taken by Field Jefferson Tithes Lunenburg Co, Va
William Hill, Joseph Esland – 9
Wm. Allen – 1
William Glading – 1
John Goin – 1
George Allen – 1

1751 – List taken by Richd. Witton Tithes Lunenburg Co, Va
John Chandler, Richd. Witton, Andrew Greames, Daniel McGown – 11
John Going, Thomas Going – 3
http://files.usgwarchives.net/va/lunenburg/census/sun005.txt

1752 – List taken by Lyddall Bacon Tithes Lunenburg Co, Va
Drury Allin, William Bragg – 4
Robert Allen, Junr., Robert Allin, Senr. – 4
Young Allin – 1
Josiah Allin – 1
John Stone, John Winn – 4

1752 – List taken by Cornelius Cargill Tithes Lunenburg Co, Va
Charles Allen – 3

1752 – List taken by Field Jefferson Tithes Lunenburg Co, Va
Nicholas Hill, (taxed to Benjamin Beard in Surry County) – 5
Joseph Goin – 1
John Gowen – 2
William Bell – 1
William. Hill, John McAdum – 10

1752 – List taken by Hugh Lawson Tithes Lunenburg Co, Va
William Love – 1
Samuel Winn – 3
David Allen – 1
William Allen – 1

1752 – List taken by John Phelps Tithes Lunenburg Co, Va
Robt. Allen, Jas. Prather [?] – 2
Richd. Hill – 1
Chs. Merriman, Chs. Merriman, Jr. – 2
Wm. Callaway, William Gowin, Robt. Graves, Wm. Simmons – 7

(NOTE:  This “Wm. Gowin” on John Phelp’s list is likely William Gowen of Bedford County, Virginia – a different family. John Gowen’s son William appears to still be living at home with his father and being charged with a tithe, so is over 16, but not named, so not 21 yet).

1752 June Court. John Speed v William Gladin for 12 pounds 6 shillings & 8 pence. Oath on account agt Gladin.
Order books 2 and 1/2 A, 1752-1753. p. 61. Lunenburg County, Virginia
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CS4L-978P-8?i=36&cat=398428

1752 July Court. Henry Embry Gent, Plaintiff against John Gowen, Defendant } In Debt
This day came the said Plaintiff by his attorney and the said Defendant altho solemnly called comes not but makes default. Whereupon the conditional order of this Court agt the said Deft Mathew Talbot Gent sherif of this County is confirmed, therefore it is considered by the Court that the said Plaintiff recover against the said Defendant of the said Sheriff the sum of 6 pounds 10 shillings & 2 pence current money the debt in the declaration mentioned together with his costs by him about his suit in this behalf expended. and the said Defendant in mercy etc.
But this judgment except as to the costs is to be discharged by the payment of 3 pounds 5 shillings and 1 penny current money with interest thereon to be computed after the rate of 5 percent per annum from the 1st day of October last past till payment.
Order books 2 and 1/2 A, 1752-1753. p. 61. Lunenburg County, Virginia
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CS4L-97D9-Q?i=42&cat=398428

1752 Aug Court. Anne Gowen, Plaintiff against John Parnel & Mary his wife, Defts } In Trespass assault & battery & false imprisonment.
For reasons appearing to the Court, the suit is ordered to be dismissed.
Order books 2 and 1/2 A, 1752-1753. p. 206. Lunenburg County, Virginia
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CS4L-978Y-H?i=109&cat=398428

1752 Sept Court. Lewis Parham, Gent, Plaintiff agt John Gowing, Deft } In Case
This day came the said Plaintiff by his atty and thereupon came also a jury, to wit, David Lyles, James Barden, Nathaniel Hunt, Samuel Comer, Henry Isbell, Thomas Jones, Memucan Hunt, Silvanar Walker, Jeremiah Hatcher, Stephen Evans, Richard Davis & Wilson Mattox, who being elected tryed …. to enquire of damages in this cause, on their oath … Plaintiff hath sustained damages by reason of the nonperformance of the said Defendant promise & assumption in the declaration mentioned besides his costs to 26 pounds 10 shillings & 4 pence … the Plaintiff recover against said Defendant & William Sandifur his common bail, his damages aforesaid by the jurors in form aforesaid assessed, together with costs by him incurred his suit in this behalf expended…
Order books 2 and 1/2 A, 1752-1753. p. 262. Lunenburg County, Virginia
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CS4L-978V-7?i=137&cat=398428

1752 Dec Court. Thomas Hawkins, plaintiff against William Nichols & John Gowen, defendants } In Debt
This day came the said plaintiff by his attorney and came also the Sheriff of the County and returned on the attachment awarded in the cause that he has attached one negro fellow, one teather, & one horse in the hands of the Defendant John Gowen, whereupon the said Defendant solemnly called and came not but make default, neither do they replevy the said attached effects, therefore it is considered by the Court that the said Plaintiff recover against the said Defendants the sum of 20 pounds 2 shillings … his debt in the declaration mentioned together with his costs by him about his suit in this behalf expended … But this judgment except as to the costs is to be discharged by the payment of 10 pounds 1 shilling with interest thereon … from the 6th day of June 1752 till payment.
And it is ordered that the Sheriff make public sale of the attached effects for the most that can be got & return an account of such sales next Court.
Order books 2 and 1/2 A, 1752-1753. p. 409. Lunenburg County, Virginia
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CS4L-978N-9?i=212&cat=398428

1752 Dec Court. To Robert Wooding assignee of John Gowen for two Levys over charged – 76
Order books 2 and 1/2 A, 1752-1753. p. 440. Lunenburg County, Virginia
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CS4L-978L-7?i=226&cat=398428

1753 April Court. Jimmy Welch, Plaintiff against John Gowen, Defendant } In Trespass assault and battery.
For Reasons appearing to the Courth, this suit is ordered to be dismissed.
Order books 2 and 1/2 B, 1753-1754. p. 9. Lunenburg County, Virginia
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CS4L-978D-N?i=339&cat=398428

1753 May Court. The Petition of Joseph Gowen against William Hardin for a debt therein said to be due. For Reasons appearing to the Court is ordered to be dismissed.
Order books 2 and 1/2 B, 1753-1754. p. 96. Lunenburg County, Virginia
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CS4L-9786-J?i=384&cat=398428

1753 Sept Court. Thomas Hawkins, Pltf agt William Nichols & John Gowen, Defts } In Debt.
For Reasons appearing to the Court, the said is ordered to be dismissed.
Order books 2 and 1/2 B, 1753-1754. p. 435. Lunenburg County, Virginia
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CS4L-97Z2-T?i=553&cat=398428

1753 Oct Court. On the motion of Susannah Gowen a witness of Samuel Young at the suit of Charles Weatherford, it is ordered that the said Samuel pay her for 6 days attendance according to law.
Order books 2 and 1/2 B, 1753-1754. p. 446. Lunenburg County, Virginia
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CS4L-97ZR-D?i=559&cat=398428

1754 April Court. John Gowen, complt agt. John Maxodal, deft } on an attachment against the Defendant’s Estate.
The said complt failing to appear and prosecute his said writ, it is ordered that the same be dismissed.
Order books 2 and 1/2 B, 1753-1754. p. 640. Lunenburg County, Virginia
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CS4L-97ZP-H?i=656&cat=398428

1754 May Court – William Gammel v John Gowen dismd. In case.
By consent of the said Plaintiff by his attornie this suit is ordered to be dismis’d.
Order books, 1754-1759 – Lunenburg Co, Va bk 3, p 25
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CS42-1SJ2-4?i=48&cat=398428

1754 November Court – Hampton Wade vs John Goin and Andrew Graham. On a petition.
The defendant Goen having been duly summon’d and not appearing, the petitioner having duly proved … for a sum of one pound, sixteen shillings and four pence current money… as to the defendant Graham … ordered to be dismis’d.
Order books, 1754-1759 – Lunenburg Co, Va, bk 3, p 231
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CS42-1SVV-5?i=151&cat=398428

1755 Sept Ct: the petition of John Gower (Gowen) against William Thornton is continued till next court. Brunswick Co Va Order book pg 472.  (NOTE: This appears to be Gowen, not Gower – see the following entries.  This appears to be John Gowen from Lunenburg County, Virginia – involved in the lawsuit against William Thornton).  

1756 Jan Ct: John Gowen pltf v William Thornton deft. Upon a petition. On the motion of the pltf by his attorney a commission is awarded him to examine and take the deposition of Christopher Hudson directed to Richard Witton of the County of Lunenburg Gent. he giving the Deft legal notice of the time and place of executing the same. Another petition is continued till next court. Brunswick Co Va order book pg. 10.

1756 April Ct: John Goin pltf v. William Thornton deft. Upon a petition for two pounds three shillings due by account. The parties being this day heard upon the said petition it is considered by the court that the pltf recover against the defts his debt aforesaid in the said petition mentioned and his costs including a lawyers fee. (note on side of page: Costs. 1558 tobo + 7/6 costs 27 July 1756 for costs only residue paid). Brunswick Co Va order book pg. 46.

1756 April Ct: On the motion of Christopher Hudson a witness for John Gowin against William Thornton it is ordered that the said Gowin pay him six hundred and twenty nine pounds of tobacco for five days attendance and travelling forty two miles four times according to Law.
On the motion of Thomas Norrell a witness for John Gowin against William Thornton it is ordered that the said Gowin pay him seven hundred and seventy five pounds of tobacco for seven days attendance and travelling forty miles five times according to law. Brunswick Co Va order book pg. 47

In 1757-58, John Goin, and his sons William Goin and John Goin Jr, are appointed to work with William Hill, Thomas Lanier, William Ballard, John Ruffins, and William Glading on road ways in Lunenburg County, Virginia.

1757 November 1, Page 4. Thomas Hawkins, William Hill & Thomas Lanier three of the Persons Appointed by an Order of the last Court to View the Way for a Road from the Mine to Cocks Creek, this day Returned their Report thereon which is Ordered to be Recorded, and William Ballard is Appointed Surveyor thereof, and it is Ordered that he together with Stephen Hatchel, John Goin, William Goin, John Goin, Junr. William Glading, Stephen Mallet Junr. and John Ruffins Male Labouring Tithables do forthwith lay open, Clear and keep the same in Repair According to Law.

(Source): LUNENBURG COUNTY ROAD ORDERS 1746-1764, by Nathaniel Mason Pawlett, Faculty Research Historian and Tyler Jefferson Boyd, Research Assistant. http://www.virginiadot.org/vtrc/main/online_reports/pdf/93-r17.pdf

1757 Nov 1 – John Goin, William Goin and John Goin Jr, along with William Gladden on road order in Lunenburg Co Va

1758 March 8, Page 45. On the Petition of Sundry Inhabitants of this County Ordered that a Bridle way be laid open & Cleared the best and Convenientest way from Pinkethman Hawkins to Jeffersons Church. & William Ballard is appointed Surveyor of the said Road. And it is Ordered that he together with Robert Coleman, Christopher Coleman, Pinkethman Hawkins, Hugh Norrell, Thomas Norrell, John Goin, Henry Jackson, John Coleman, Thomas Farrar, James Coleman Thomas Draper, & Thomas Moore do forthwith lay open Clear & keep the same in Repair According to Law. (Source): LUNENBURG COUNTY ROAD ORDERS 1746-1764, by Nathaniel Mason Pawlett, Faculty Research Historian and Tyler Jefferson Boyd, Research Assistant. http://www.virginiadot.org/vtrc/main/online_reports/pdf/93-r17.pdf

(The surnames of those noted in this order all have multiple connection in their family histories – see notes below for examples):

Notes 1-5 regarding the above order:  (Note 1:  In 1771 William Hill lives adjacent to William Goyne, Drury Goyen, and William Gladden in Fairfield County, South Carolina); (Note 2:  Another Drury Going who was born abt 1726 is paid out of Sampson Lanier’s estate in 1759); (Note 3:  in 1759 a Ruffin lives near a Gowen in Lunenburg County, Va, in a land transaction involving Seth Moore and 3600 acres of land); (Note 4:  John Gowin purchases 400 acres in 1761 adjacent to William Hill and Ruffin’s line – later in 1761 John Gowin Sr and his wife Mary convey part of this land that is adjacent to Ruffin’s line to their sons William Going and John Going Jr);  (Note 5:  In 1680, a Thomas Ballard filed a lawsuit against the estate of John Going.  Robert Ruffin was the administrator of John Going’s estate.  The lawsuit was filed in Surry County, Virgina)

John Gowen is granted 200 acres of land on Reedy Branch of Ruffin’s Creek February 14, 1761, accord­ing to Lunenburg County deed records.  Jack Harold Goins, Foundation member of Rogersville, Tennessee made a trip in September 1995 to Lunenburg County to locate the farm of John Gowen.  He wrote, “My best estimation is that the farm of John Gowen was located about 10-15 miles west of present-day Lunenburg, Virginia which is located in the center of the county.”

1761 Feb 14 – We have given granted and confirmed … unto John Gowin one tract or parcel of land containing 400 acres lying and being in the County of Lunenburg and bounded … at Charles Stewarts now William Hill’s corner hickory on the Reedy branch … to a pine in Ruffin’s line …
Land Office Patents No. 34, 1756-1765, p. 809 (Reel 33-34). Lunenburg Co, Va
https://lva.primo.exlibrisgroup.com/permalink/01LVA_INST/altrmk/alma990007596910205756

1761 June 10- John Going, Sr. and wife Mary Going, of Lunenburg County deeded to son William Going of Lunenburg County, “for love and affection, 100 acres, part of 400 acres by patent to said Going Sr, on both sides of the Great Branch [of Allen’s Creek] where said William Going now lives, adjacent John Ruffin.” The signature [or mark] of John Going, was a vertical line, with three cross lines. Mary signed with a “M.” The deed was witnessed by Sarah Going, and others, according to “Lunenburg County, Virginia Deed Book 6. 1760-1761” by June Banks Evans. Lunenburg Co, Va. …

1761 June 10 deed date – John Going Sr and Mary Going to William Going, Deed bk 6, p 378-379. Lunenburg Co, Va
… John Going Sr and Mary his wife of the County of Lunenburgh … we the said John Going and Mary his wife for and in consideration of the natural affection and love which we have and bear unto our well beloved son William Going of the County aforesaid, as also for divers other causes and considerations we hereunto … confirm unto the sd William Going a certain divident or parcel of land situate lying and being in the County aforesaid containing 100 acres … being part of 400 acres of land that was granted by patent to the aforesd John Going Sr bearing date the 14th of February 1761 … the aforesaid hundred acres lying on both of the branch called the Great Branch and the land that the aforesaid William Going now lives on, and bounded as followeth, to wit, beginning at a hickory a corner of John Ruffin’s, standing on a hill on the West side of the Great Branch thency by a line of non marked trees, north 87 degrees East 54 poles, over the said Great Branch to a small branch, thence up the sd small branch as it meanders bearing Northeasterly 46 poles thence north 44 degrees, 30 East 42 poles to Pointers and thence North 84 degrees: 30 East 28 poles to pointers thence North 5 degrees: 30 West 66 poles to pointers thence North 87 degrees 45 West, 70 poles to Pointers thence North 79 degrees West 50 poles to the Great Branch thence up the Great Branch as it meanders 10 poles to Pointers thence North 60 degrees; 45 West 52 poles, to a White Oak and pine pointers standing on Ruffin’s line thence South 16 degrees 30 West 42 poles to a Corner on Ruffin’s line thence South 19 degrees 30 West 56 poles to a corner pine of the Sd Ruffin’s thence South 13 degrees East 57 poles to the first Station … Signed: John Going, Mary Going. Wits: Richard Brown, Sarah Going, Susey Hubbard. … Proved up in court on July 7, 1761. Deed bk v. 6, pg. 378. Lunenburg County, Va.
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSL6-49FM-N?i=510&cat=372284

Witnesses in the above deed, Sarah Going and Susey Hubbard, are presumed daughters of John Going Sr and Mary Keith Going. 

1761 On June 10 – On the same date, son John Going, Jr. was deeded 100 acres of his father’s 400 acres with the same description. It was witnessed by Richard Brown, Sarah Going and Elizabeth Going. 

1761 June 10 deed date … John Going Sr and Mary his wife of the County of Lunenburg … we the said John Going and Mary his wife for and in the consideration of the natural affection and love which we have and bear unto our well beloved son John Going Jr of the County aforesaid, as also for diverse other causes and consideration we hereunto … confirm unto the said John Going Jr a certain divident or parcel of land sitate lying and being in the County aforesaid containing 100 acres more or less … being part of 400 acres of land that was granted by to the aforesd John Going Sr bearen date the 14th day of February 1761 …. lying on both sides of the branch called the Great Branch and the land that the aforesaid John Going Jr now lives on and bounded as followeth to wit, begining at a corner Popler standing on Ruffin’s line where it crosses a small branch thence down the sd branch as it meanders bearing South Easterly seventy poles to the mouth where the sd small branch enters the aforesd Great Branch thence up the sd Great Branch as it meanders bearing Northeasterly seventy seven poles to the mouth of a small branch thence up the said branch as it meanders, bearing still Northeasterly forty nine poles to an Ash standing on the West side of the said Branch thence by a line of non marked trees bearing South eighty three degrees east sixty one poles to Pointers on an old line thence along the said Old Line North two degrees East seventy two poles to Pointers thence North eighty four degrees West one hundred and forty eight poles to a Pine thence South nineteen degrees thirty minutes West one hundred and three poles to the first station… Signed: John Going, Mary Going. Wit: Richard Brown, Sarah Going, Elizabeth Going. Proved up on July 7, 1761. Lunenburg County, Virginia. Deed bk v. 6, p. 379-380.
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSL6-49FM-N?i=510&cat=372284

Sarah Going witnesses both the deed to John Going Jr, and the deed to William Going. This implies she is a daughter of John Going and Mary Keith Going.

Elizabeth Going only witnesses John Going Jr’s deed, but does not witness William Going’s deed. If she is the spouse of William Going, she has an interest in the deed, so would not be able to witness William Going’s deed. This indicates that Elizabeth Going was the wife of William Going. Later, in Fairfield Co, SC, deed records confirm that Elizabeth Going is the name of William Going’s wife. 

Susey Hubbard witnesses John Going Jr’s deed – some researchers believe Susannah “Susey” Hubbard is the daughter of John Going and Mary Keith Going named Susanah Going who has married a husband named “Hubbard”.

1761 December 7 – John Goin sells his remaining 200 acres of land located on both sides of Long Branch in Lunenburg County to William Sandifur. Mary Goin relinquishes her dower. This is the last record found of John Going and Mary Keith Going. Lunenburg Co, Va.

1761 Dec 18 – On 18 December 1761, John Going, Jr. sold the 100 acres he had received from his parents to his brother William Going for 40 pounds.  Fiduciary Book 4, 1863 – 1868, index, 570 p. (pp. 1-50 Include deeds from 1757-1762), p. 48]

This deed is proved up in court in Feb 1762: 

1762 Feb Court – John Gowen deed to William Gowen proven up in court.
An Indenture of Feofement between John Gowen of the one part and William Gowin of the other part, with a memorandum of Livery of sizen thereon. Indorsed was further proved by the oath of one of the witnesses that subscribed and ordered to be recorded.
Lunenburg County, Va – Order books, 1759-1762  bk 7, p 203
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CS42-T9K7-3?i=561&cat=398428

1761 December 30 and 1762 July 6 – Other records show that William, son of John Going, moves from Lunenburg County to Orange County, North Carolina between December 30, 1761 and July 6, 1762. This is proof that William Going of Orange County was the son of John Going and Mary Keith Going of Lunenburg County, Va.

1762 Feb Court – John Gowen to William Gowen 
An Indenture of Feofement between John Gowen of the one part and William Gowin of the other part, with a memorandum of Livery of sizen thereon. Indorsed was further proved by the oath of one of the witnesses that subscribed and ordered to be recorded.
Lunenburg County, Va – Order books, 1759-1762 bk 7, p 203
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CS42-T9K7-3?i=561&cat=398428

1762 February Court – William Black v William Gowing and John Gowing 
William Black against William Gowing and John Gowing – One Petition
The said Defendants not appearing altho duly summoned. … Considered by the court that the said petition —against the said defendants. Within the sum of two pounds nine shillings and one penny current money together with all his costs by him …
But as to the other Defendant John, the sherif having made retain that he is an inhabitant of the county, therefore it also as to him.
Lunenburg County, Va – Order books, 1759-1762 bk 7, p 210
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CS42-T9KT-7?i=568&cat=398428

1762 March Court – Robert Cunningham v John Gowen Jr
This day came the said complaint by his attorney and the said Defendant … solemnly called was not here makes default, and came also John Potter a garnishee of the said defendant and with that he hath estate and effects in his hand of the Defendent sufficient to satisfy the said complainants demand whereupon … appearing to be just by his own oath for the sum of two pounds seven shillings and eleven pence current money.
Lunenburg County, Va – Order books, 1759-1762 bk 7, p 225
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CS42-T9V2-Q?i=583&cat=398428

1762 March Court – Halifax Co, Va – James Norrell, Plaintiff against John Gowin, junr, Defendant – on a petition. For reasons appearing ordered that this suit be dismissed.
Plea (order) books, v. 3-4 1759-1764 bk 3, p 443 – Gowing v Williams
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CS4H-1953-C?i=258&cat=401169

1762 April Ct John Clarke v John Gowin Jr charge of assault and battery is dismissed with costs to Pltf in Lunenburg Co Va. Lunenburg County Court Order Book v8 p 2.
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CS42-T9KW-S?i=664&cat=398428

1762 April Court – Clement Read and Abraham Martin and Ch. Wardens v Agness Goyen
The said Defendant altho solemnly called came not but makes default … 2 pounds ten shillings current money.
Lunenburg County Court Order Book bk 8, p 17
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CS42-T9VV-9?i=679&cat=398428

1762 July Ct indenture memorandum fr William Gowing to Francis Norrell in Lunenburg Co Va.
Lunenburg County Court Order Book v8 p57
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CS42-T9VP-8?i=719&cat=398428

1762 July 6, – William Going (John Going Sr’s son) of Orange County, North Carolina sells his 100 acres in Lunenburg County, Virginia on Great Branch of Allen’s Creek adjacent to William Sandifur.  Lunenburg Co, Va.  http://archiver.rootsweb.ancestry.com/th/read/GOWEN/2001-08/0996862999

(NOTE: It appears that John Going/Gowen Sr and his son William Going/Gowen continue to deal with lawsuits in Lunenburg Co, Va over the next 9 years – until 1771 – indicating they continued to have interests in the area of some kind, despite the fact that they have moved to Orange Co, NC). See the following records: 

1762 Dec 8 – Michael Milton complaint against William Gowin Defendant
On an attachment against Defendant’s estate
Judgment against Thomas Norrell garnishee for thirty …
Milton v Gowen bk 8, p 154. Lunenburg Co, Va.
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CS42-T9VS-2?i=815&cat=398428

1764 July 13 – Field Farrar, Complainant against William Gowin, Defendant} Upon an Attachment
This day came the Plaintiff by his attorney and the attachment being levied in the hands of Thomas Norrell the said Defendant was solemnly called but came not. Therefore it is considered by the Court that the Plaintiff recover against the said Defendant two pounds four shillings and eight pence farthing current money and his costs by him in this behalf expended and the said garnisher being sworn and examined it is considered by the Court that he was security for Francis Norrel to the Defendant for the sum of 28 pounds 4 shillings current money, wherupon it is ordered that the said Garnishee do pay to the Plaintiff the full of his judgment aforesaid.
Order Book 10. p. 114 Lunenburg Co, Va.
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CS4V-6S6G-3?i=337&cat=398428

1764 July 13 – David Garland, Complainant against William Gowen, Defendant} Upon an Attachment
The same judgment as last for current money and also the same order against same Garnishee as last subject to the said last judgment
Order Book 10. p. 114 Lunenburg Co, Va.
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CS4V-6S6G-3?i=337&cat=398428

1764 July 13 – Stephen Hatchell, Complainant against William Gowen, Defendant} Upon an Attachment
The same judgment as last for 18 pounds current money to be discharged by the payment of nine pounds current money with interest thereon from the twenty fifth day of December 1762 til payment and the same order as last against the same Garnishee subject to Farrar’s and Garlands Attachments against the said Defendant.
Order Book 10. p. 114 Lunenburg Co, Va.
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CS4V-6S6G-3?i=337&cat=398428

1765 Apr 11 – John Going, Plaintiff against Francis and Thomas Norrells, Defendants} In Debt
The Plaintiff not appearing to give security for the costs in this suit (he not being an Inhabitant of this Colony) On the motion of the Defendants by their attorney it is ordered to be dismissed at the Plaintiff’s costs. Order book 11, p 40 1763-1766. Lunenburg County, Va.
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CS4V-6S64-C?i=506&cat=398428

1765 April 15 – Abraham Venable assignee of Nathaniel Going (NOTE: or Eoing – it is a corrected letter on the document – hard to tell) v. Henry and Abraham Tally} In Debt
Court orders to be dismissed
Order book 11, p 57 1763-1766. Lunenburg County, Va
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CS4V-6S6W-4?i=523&cat=398428

1769 April 14 – Joseph Gill, Complainant against William Gowen and John Gowen, Defendants} Upon an attachment.
This day came the Plaintif by his attorney and the attachment being returned executed in the hands of Thomas Norrel — the said Norrell came into Court and being sworn and examined saith that he became security for Francis Norrell to the Defendant for 28 pounds, 4 shillings current money which matter was negotiated with John Going Senior who was Intrusted by the Defendant to take a bond for the same which bond was part made payable to the said John Gowen Senior and the said Gowen being asked the reason of it declared that as his son the Defendant owed many debts here, he chose to take it so to prevent its being attached, which appeared to this Garnishee that the bond was taken in that manner to defraud the Defendants creditors, and the Defendant being solemnly called came not. Therefore it is considered by the Court that the Plaintiff recover against the said Defendants 2 pounds current money and his costs by him in this behalf expended. Whereupon it is ordered that the said Garnishee after satisfying the several attachments levied in his hands before the Plaintiffs do pay the remainder of the Money in his hand, to the Plaintif or so much therof as will satisfy his judgment aforesaid.
Book 12: 1766-69, p 209. Lunenburg Co, Va. (NOTE: This is the last documented record of John Going Sr that I have been able to locate so far. The record verifies John Going Sr is still alive in 1769 – the chain of records involving Norrell indicate that John Going Sr is living outside the Colony of Virginia). 
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSYD-HSR8-9?i=245&cat=398428

1771 March 11 – James Norrell, Complainant against William Gowan, Defendant} Upon an attachment
For reasons appearing to the Court this suit is Ordered to be dismissed.
Book 13, p. 106 : 1769-77, Lunenburg Co, Va
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSYD-HSRQ-5?i=360&cat=398428

ORANGE / CASWELL COUNTIES, NORTH CAROLINA:

Orange Co, NC page:  https://goyengoinggowengoyneandgone.com/north-carolina-orange-county/

Caswell Co, NC page: https://goyengoinggowengoyneandgone.com/north-carolina-caswell-county/

Pittsylvania Co, Va page:  https://goyengoinggowengoyneandgone.com/virginia-pittsylvania-county-1700s-to-early-1800s/

Granville Co, NC page (compare to other Goings living in nearby Granville):  https://goyengoinggowengoyneandgone.com/north-carolina-granville-county/

(Location of Going/Gowen families in Orange Co, NC – area later becomes Caswell Co, NC):

December 11, 1762, John Going Sr., receives title to 700 acres of land on Moon Creek near the Dan River in Orange County, North Carolina – just on the other side of the border from Virginia to North Carolina.  The land is adjacent to Samuel Pauls, and land owned by William Gladin – 505 acres of the land received appears to be from William Gladin’s plat.  His son, William Going is the chain carrier for the transaction, along with William Land. 

On December 15, 1762 John Going Sr. records the deed for 700 acres.  Warrant: 1762 Dec 15. 700 acres. Descriptive references for this land are: Samuel Pauls, William Gladings, and Moon’s Creek, Dan River. June 11, 1763. 505 acres.
Chain Carriers: William Going, William Land.
Surveyor: William Churton
North Carolina Land Grant ID: Record ID: SR.12.8.3.039

1763 Nov Ct – 103 – “Ordered that the persons under William Ware’s jurisdiction work on the road whereof he is Overseer – viz – David Hive, William Hier, Isaac Middlebrook, Evans Hatterly, George Hatterly, Samuel Hatterly, Nathaniel Russell, John Thomas, Gray Bynum, Andrew McMillion, John McMillion, Samuel Paul, John Wood, John Gown, David Roper, Alexander Montgomery, John Roberts, Charles Crawford and James Tinsley.”
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CS4K-KS9X-T?i=517&cat=474816

In 1764 May until the May 1765 court session,  Alexander Going, and John Going are both involved in separate court cases in Orange County, NC.  – McCaul, Lytle & Co. vs ALEXANDER GOING – T.A.B. (personal quarrels);  Thomas Moore vs JOHN GOING – Case.  Orange County, North Carolina Abstracts of the Minutes of the Court of Pleas & Quarter Sessions of Sept 1752 – August 1766.  Page 102; Court of May 1764.  By Ruth Herndon Shields.  Orange Co, NC.  (This may possibly be John Going, Jr.).

1765 May Ct. – Thomas Moore v. John Going – sciri facias. Minute Book 1762-1766, pg 382. Orange Co, NC.
Alexander Going who in this suit became bail for the defendant appearance being summoned to appear and show cause why judgment against him the Plaintiff should not or he surrender the body of the principle as he was bound to do, which he failing to do. It is com.. by this Court that the Plaintiff recover against the said Bail Judgment for 6 pounds 10 shillings proclamation money and his costs …
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CS4K-KSMY-X?i=664&cat=474816

In 1773 several Gowen family members signed a petition for the partition of the north part of Orange County. Among them were Alexander Gowen, Sr, Alexander Gowen, Emos [Amos] Gowen, Daniel Gowen and John Gowen, Orange Co, NC

1775 May 2 – Alexander Going, dec’d
Daniel Going, Sophia Going, John Going Jr, Alex Going – purchasers at estate
Acct of Sales of the Estate of ALEXR GOING decd. Persons purchasing from the estate were:
DANIEL GOING
SOPHIA GOING
JOHN GOING JUN
ALEX GOING
James Galaspey
Henry Dixon
James Sanders Sen
Robert Terry
Saml Robinson
Jas Sanders Jun
John Cannaday
Thomas Rogers
Total amount: L676.16.4 Henry Dixon D.S. Orange Co May Co. 1775. The above Acct. of Sales was returned in open Court and Ordered to be Recorded. Orange Co, NC
http://lumbeeindiansandgoinsfamily.blogspot.com/2008/02/orange-county-nc-early-records.html

1775 Feb – Alexander Going – probate inventory
Estate: Inventory Alexander Going, Feb 1775, , Orange, North Carolina, USA.  citing: Orange County Records at the NC State Archives, Raleigh July 2012
Inventories Sales & Accounts of Estates, in 24 Volumes : First Volume (1756-1785) p. 297
An Inventory of the Estate of Alex’r. Gowing Dec’d. which is as follows
A Negroe Fellow Sam, 1 Ditto Bob, a Negroe Woman Luce, 1 Ditto Sary, a Negroe Boy Will, a Negroe Girl Hannah, a Negroe Boy Frank, 5 head of Horses, 29 head of Cattle, 48 head of Hoggs, 12 old Sheep & 5 lambs, 5 Feather Beds & Furniture & about 30 cc new Feathers, 5 Bedsteads & bords, 3 potts, a Dutch Oven, 1 pan, a small Skillet, 2 Dishes, 12 plates, 5 Basons, 9 porringers, 20 spoons, a pr. Spoon moulds, 1 Earthen Dish, 20 Earthen plates, 12 Bowls, 2 Tin potts, 34 Cups & Sawsers, 1 Coffee Pott, 2 Cannisters, 10 Mugs, 1 Quart Tin, 9 Bottles, 2 Jugs, 1 looking Glass, 5 Viols, a small (Gilt) Trunk, 2 Tables, 5 Chairs, 8 Knives, 11 Forks, 1 pair money Scales, 2 Razors, 1 Strop & Hone, 1 Mans Saddle & Bridle & Saddle Bags, Womans Saddle, 1 Rifle Gun, 1 pr (Stalyards), 1 xCut Saw, 1 foot Adze, 2 Drawing Knives, 4 Augers, 1 Chisell, 1 Small Still, 1 old Waggon & Gears, 7 Bells, 5 Axes, 3 Wedges, 10 Hoes, 1 Shear & (Colter), 2 Clovises, 5 plow hoes, 2 pr Shears, 1 (spice) morter & pessell, 1(Inkstand), 1 Linen Wheel, 1 Woollin Wheel, 3 pr Cards, 1 Sayne (seine?), 1 Bar Iron & Heaters, 2 Sifters, 5 (pails), 1 Churn, 22 Geese, 24 Ducks, 21 old Barrels, 2 Curry Combs & 3 Brushes, 1 pr. Candle Snuffers, 5 Books, a large quantity Meat, a parcel old Tobacco, 1 Loom, Slay & Harness, 7550 cc of Tob’o Inspected, a large quantity of Corn, 70 or 80 Barrels, 15 Bushels, Oats, 77 Bushels Wheat.
A true Inventory returned by Sophia Going Adm’x.
Orange County, February Court 1775. The above Inventory was returned in open Court and ordered to be Recorded.  Test.
From Orange County Records at the NC State Archives, Raleigh July 2012
Inventories Sales & Accounts of Estates, in 24 Volumes : First Volume (1756-1785) p. 297
Orange Co, NC
1775 May 2 – Alexander Gowing – estate sale
Estate: Sale Alexander Going, 2 May 1775, , Orange, North Carolina, USA
citing: Orange County records at the NC State Archives in Raleigh July 2012 – Inventories Sales & Accounts of Estates, in 24 Volumes : First Volume (1756-1785) ) p. 305-307
“Transcription of “Acct of Sales of the Estate of Alex’r Going decd. May 2d 1775″
Buyers: Daniel Going, Jas. Gulaspey, Kennoday, John Going Jun, Sophia Going, James Galaspey, Alexander Going, Henry Dixon, James Sanders Sen, Robert Terry, Saml. Robertson, John Cannoday, Thomas Rogers.
Orange County May Co 1775. The above acct. of Sales was returned in open Court and ordered to be Recorded.  Test.
From Orange County records at the NC State Archives in Raleigh July 2012
Inventories Sales & Accounts of Estates, in 24 Volumes : First Volume (1756-1785) ) p. 305-307” Orange Co, NC 

It is unclear if this is the same John Gowen, but in 1782 (during the Revolutionary War) the Camden Parish Vestrybook, in Pittsylvania County, Virginia – Page 45  notes a vestry order for support of John Gowen to be held out for his subsistence at the discretion of John Wilson, gent. – 500 lbs. tob., Camden Parish in Pittsylvania Co, Va.  It is possible that John Gowen, age about 72 at this time, was receiving assistance from the Parish (church government) while his sons fought in the war.
Extracted from: Vestry Book of Camden Parish, 1767-1820 (With other Miscellaneous Records) Transcribed By Mary Leigh Boisseau
http://lumbeeindiansandgoinsfamily.blogspot.com/2008/01/pittsylvania-county-va-early-records.html

MARION COUNTY, SOUTH CAROLINA:

Descendants of John Gowan b. abt 1776 m. Edith Faulk are a YDNA match to John Going m. Mary Keith’s descendants. It appears John Gowan b. abt 1776’s father named John Gowan died in the area of Marion Co, SC/Robeson Co, NC around 1814. This may be John Gowan b. abt 1735, or it could be that John Going b. abt 1705 obtained the original grants on behalf of his son – to date we do not know exactly where John Going b. abt 1705 died – it could have been along the NC/SC border where most of his descendants appear to have moved. John Going b. abt 1705 was still alive and attending court in 1769 in Lunenburg Co, Va according to records (his last known appearance there), so he may have moved with his sons down to the North Carolina/South Carolina border.  

Records to consider that “may” belong to John Going b. abt 1705 include the following: 

1765 Jan  – John Gowen recorded for 100 acres in Craven Co, SC. vol 13, pg 265.

1770 May 1 – John Gowing’s petition for 200 acres was presented in South Carolina. 1770 May 1 – Land Plat survey done for John Gowings in Craven County, 200 acres on Little Peedee and Drowning Creek on Ash Pole Swamp, bounded Northwesterly by Mr Shackelford, and bounded Northeastwardly by Thomas Tinkley. Looking at map – this would be in modern Dillon County, SC. Craven Co, SC.
South Carolina Petitions for Warrants of Survey. pgs 71-78.
https://www.archivesindex.sc.gov/

1770 May 16 a survey for John Gowing is done for 200 acres on the fork of the Little Pee Dee and Drownding Creek on Ash Pole Swamp, bounded by Mr. Shackleford and Thomas Finkley, Craven County, South Carolina. 1770 May 16 a survey for John Gowings is done for 200 acres on the fork of the Little Pee Dee and Drownding Creek on Ash Pole Swamp, bounded by Mr. Shackleford and Thomas Finkley. Names indexed: BREMAR, JOHN; FINKLEY, THOMAS; GILES, HUGH; GOWINGS, JOHN; SHACKELFORD Document type: PLAT Locations: ASHEPOLE SWAMP; CRAVEN COUNTY; DROWNING CREEK; PEE DEE RIVER, South Carolina.
Series: S213184 Volume: 0011 Page: 00452 Item: 01.
https://www.archivesindex.sc.gov/

1770 Nov 3 – John Gowings, Land Grant For 200 Acres In Craven County.
Series: Colonial Land Grants (Copy Series) (S213019)
Document Type: Land Grant
Archives ID: Series: S213019 Volume: 0021 Page: 00267 Item: 000
https://www.archivesindex.sc.gov/

1771 Jan 4 – A memorial exhibited by John Gowing to be regist in the Auditors Office, etc., of a plantation or tract of land containing 200 acres situate in Craven County, in the Fork of Little Pee Dee and Drowning Creek, on Ashpole Swamp: Bounding NW on Mr Shackleford and vacant land, NE on Thomas Finkley and vacant land, all other sides on vacant land: Survey certified the 16th of May 1770, and granted the 3d day of Nov 1770 to the Memorialist, at the quit rent of 3/ sterling or 4 Proc Money per 100 acres, to commence 2 years from the date. In witness whereof he hath hereunto set his hand the 4th day of Jan 1771.
Signed: Hugh Giles.
Archives ID: Series: S111001 Volume: 0010 Page: 00299 Item: 002
https://www.archivesindex.sc.gov/

1778 “John Gowen” was shown as a member of St. David’s Society, a group organized to sponsor an academy on the upper Pee Dee River in Cheraws District. [presently Marlboro County, SC].  This may be John Gowen Jr., who was a member of this society.   http://freepages.genealogy.rootsweb.ancestry.com/~gowenrf/Gowenms007.htm

Death of a John Gowen is noted in Lancaster Co, SC: 

There is a gap in records from 1771-1784 in South Carolina for John Gowen of the Marion Co, SC area. Of interest is a record in 1784 indicating an Elizabeth Gowen  receiving a copy of John Gowen decd’s inventory in Lancaster Co, SC.  It is possible that this is John Gowen m. Mary Keith. Elizabeth Gowen may be a 2d wife or other relative. 

1784 Nov 14 – Daniel Finn to Elizabeth Gowen the widow of John Gowen decd. Parish of St Marks, South Carolina
To all people to whom these presents shall come, I Daniel Finn do sent greeting. Know ye that the said Daniel Finn of the Parish of St Marks in the State of South Carolina planter for and in consideration of the Love Good Will and affection which I have and do bear towards Elizabeth Gowen the widow of John Gowen decd of the same Parish & County widow have given & granted and granted and by these presents doth freely give & grant unto the said Elizabeth Gowen her heirs executors or administrators all my whole Estate Lands Goods & Chattels Debts and moveables before the signing of these presents I have delivered her the said Elizabeth Gowen an Inventory signed with my own hands and bearing even date to have and hold all the said Lands Goods Chattels debts and moveables to her the said Elizabeth Gowen her heirs exors and admrs as her and their property absolutely without any manner of condition. In witness whereof I have hereunto put my hand and seal this 14 day of November 1784, Signed sealed & delivered in presence of:
Signed: Daniel Finn (mark)
Wit: Samuel Dunlop, JP, Elizabeth Dunlop
State of South Carolina, Lancaster County. Samuel Dunlop, one of the subscribing witnesses to the within instrument appeared in person & being duly sworn maketh that he was personaly present and saw Daniel Finn sign seal and deliver the within instrument of writing for the purposes therein mentioned and that he also saw Elizabeth Dunlop subscribe as a witness thereto. Sworn to November 28, 1795.
Before Me: Samuel E Dunlop. JP
Deed Book B, p 289. Lancaster County, SC
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CS73-JGCG?i=270&cat=472451

Areas Served: St. Mark’s Parish served:

-part of Craven County 1757-1768
-parts of Camden, Cheraw, and Georgetown districts 1768-1800
-parts of Richland, Claremont, Darlington, Liberty, Williamsburg counties, and all of Clarendon (1785-1800) County 1785-1800
-part of Salem County 1792-1800
-Liberty County became Marion County 1798-1800
-parts of Richland, Sumter, Darlington, Marion, Williamsburg counties 1800-present
-Clarendon County 1855-present
-part of Florence County 1888-present
-part of Lee County 1902-present
-Modern equivalents: The original parish covered most of what are present-day Clarendon, and Sumter, and parts of Lee, Darlington, Dillon, Horry, Marion, Florence, Williamsburg, and Richland counties.

In late 1784 and1786 the following land grants involve a John Gowin on Drowning Creek in the area.  

1784 Oct 17 – John Gowing receives a PLAT FOR 200 ACRES ON DROWNING CREEK, GEORGE TOWN DISTRICT, SURVEYED BY JOHN HENDERSON.
I have caused to be admeasured and laid out unto John Gowing a tract of land containing 200 acres situate in the District of George Town on the SW side of Drowning Creek and hath such forms and marks, butting and bounding as the above plat represents. Certified for the 17th day of October 1784. John Henderson DS} Ephraim Mitchell, Surveyor-General. (All sides vacant)(plat below)
Series: S213190 Volume: 0006 Page: 00046 Item: 000
https://www.archivesindex.sc.gov/

1786 Feb 15 – John Gowin, Plat For 100 Acres On Drowning Creek, George Town District, Surveyed By John Henderson.
South Carolina. I have caused to be admeasured and laid out unto John Gowin a Tract of Land containing 100 acres, situate in the district of Georgetown in the NW side of Drowning Creek and hath such Form and Marks, butting and bounding as the above Plat represents. Certified for the 15th day of February 1786. John Henderson DS} Ephraim Mitchell, Surveyor-General. Adjacent to John Gowin’s land on NW side. (plat below)
Archives ID: Series: S213190 Volume: 0003 Page: 00356 Item: 001
https://www.archivesindex.sc.gov/

HOWSON PATENT LITIGATION

HOWSON PATENT LITIGATION: Alexander family lawsuits connected to land that the Gowing/Going family had owned and sold some time between 1710 to 1719. The Gowing/Going family was not a party to the suit, but the boundary and legitimacy of the 1215 acres of land they had sold some 40-50 years prior was in dispute. 

What was at stake? The following map is not exact (didn’t have my protractor out) so just an estimation based on the claims made. I have marked the map below with A, F, D, and E.  The dispute was about how the line went from the known point on the Southwest portion of the Alexander land.  Directly North leads to E. 6 degrees West leads to point D, 15 degrees West leads to point F. 17 degrees West leads to point A (letters in red).

A survey was done in 1741 showing the following land if the line went directly North (E). It showed that directly North that the Alexanders had 6562 acres of land. Their original Howson patent said it was supposed to be 6000 acres. The Alexanders were claiming that the line went 17 degrees west to point (A) – which would have given them at least another 4000+ acres of land (approximately). It would have taken a majority of the Carlyle land, all of the Chapman and Awbrey land (marked in yellow – this was the Thomas and Todd land they had purchased from Thomas Going, John Going, William Going and James Going), and it would have taken several other people’s land that they had held for over 40-50 years in many cases:

With line heading directly north – this gives the following acreage to the Alexander Family for the Howson pattent:

1) Mr Gerrard Alexander 2959 acres
2) John Alexander 1421 acres
3) Townshend Dade land 400 acres
4) Baldwin Dade land 400 acres
5) John Alexander and Hugh West 220 acres
6) Harry ? 200 acres
7) Cpt Phillip Alexander 500 acres
8) Holmes Island 302 acres
9) Pearson’s Island 160 acres

TOTAL Acres: 6562 acres with line going directly North to point (E) accounted for in below map – Today’s estimates place the area at 8000 acres. They were attempting to add another 50-60% to their patent by having an “undefined” back line.

In 1771 Carlyle won his case and the court ejected Alexander and his tenants from Carlyle’s land. They held that the survey should go to point E on the map above (directly North). Unfortunately, when looking up the Howson litigation involving the Alexander family, researchers always seem to claim the Alexander family “won” the cases. This could not be further from the truth. They lost the case. They ended up getting what they originally were granted – but they were attempting to substantially increase  their land size by illegally seizing other people’s property and claiming their back line was “undefined” and allowed them to do so.

The Alexander family received the 6000 acre Howson patent in 1669 and never appeared to file a survey. They used this fact to claim the land description in their Deed actually extended beyond the actual plat, and were successful in several occasions in ejecting people from land they had owned in many cases where they had owned the land for decades.  This “undefined” back line allowed the Alexanders to act in a predatory way to swoop in and take land behind their back line whenever they wanted to extend their property holdings.

The first survey that eventually made its way into court was in 1741 where the options of a direct north back line, a 6 degree west back line, and a 15 degree west back line were drawn for the court. This survey was used in later court cases in 1771 involving John Carlysle, and in 1809-1814 case involving Parthenia Dade (an Alexander daughter who had married into the Dade family where the Alexander family was trying to take back the land from Parthenia/her husband).

1771 case in Fairfax Co, Va:  AMINIDAL SEEKRIGHT (tenant of Carlysle) & JOHN CARLYSLE v. CHARLES ALEXANDER

(Facts of Case: John Carlysle had leased 800 acres of land on his property to Aminidal Seekright for 7 years on May 21, 1766. Aminidal Seekright then arrived at the 800 acre farm on May 23, 1766. Charles Alexander sent in one of his “employees”, a Mr. Timothy Dreadnaught to “by force of arms” remove Aminidal Seekright and eject him from the land. Charles Alexander was claiming the land was his. Aminidal Seekright resisted and remained on the land and brought suit. John Carlysle joined in the suit as it had to do with his property line).

Finding of Jury and Court against Charles Alexander:

The jury sworn to try the issue in this cause returned into Court and upon their oath say that the artificial bounds of Alexander’s land are from red C on Hunting Creek to black E, and thence to the mount of Wancopin branch at Black A, laid down in the surveyors plat returned in this cause and that the Defendant is guilty in manner and for as the Plaintiff against him hath complained and they do assess damages (crease in page cant read rest of line) … shilling besides his costs. Therefore it is considered by the Court that the Plaintiff recover against the Deft his term yet to come of and in the messuage or a tenement and lands with the appurtenancy in the declaration mentioned together with his damages aforesaid in form aforesaid assessed, and his costs by him about his suit in this behalf expended. and the said Deft may be taken and whereupon the Plt pray the writ of our Lord the King to the Sheriff of the said County of Fairfax to be directed to cause him to have his possession of his term aforesaid yet to come and to him it is granted returnable here.

Unfortunately the Alexanders kept up their shennanigans and actually won many cases, ejecting rightful owners from their land. In 1809 they attempted to do this to a family member – and the US Supreme Court eventually found against the Alexander family in an 1814 case with Chief Justice Marshall issuing the following opinion AGAINST the Alexander family’s claim that their patent extended west any degrees in their attempts to confiscate other people’s lands:

1814 Case – ALEXANDER v. PENDLETON

12 U.S. 462
8 Cranch 462
3 L.Ed. 624
ALEXANDER AND OTHER
v.
PENDLETON.
March 12, 1814

THIS was an appeal from the Circuit Court of the district of Columbia, sitting at Alexandria, as a Court of Equity.

The case, as stated by MARSHALL, Ch. J. in delivering the opinion of the Court, was as follows:

This suit was brought in the year 1806, in the Circuit Court for the county of Alexandria, for the purpose of quieting the title of Nathaniel Pendleton, the Plaintiff in that Court, to 83 acres of land contiguous to the town of Alexandria which have been in his possession, and in the possession of those under whom he claims, from the year 1732 to the present time.

Robert Alexander, being seized of a large tract, on part of which the town of Alexandria now stands, on the 17th of January in the year 1731-2, executed to Dade Massey, then about to intermarry with his daughter Parthenia Alexander, his bond in the penalty of 800l. with a condition that he would convey to his daughter Parthenia and her heirs, on demand, four hundred acres of land lying on Potomac, ‘beginning on the river side and from thence running to his back line, making a long square so as to have the same breadth on the river as on the back line.’

The marriage soon afterwards took effect, and she was put into possession of the land by the following bounds, that is to say: ‘Beginning at the mouth of Goings gut, on the river Potomac, and extending down the river so as to include four hundred acres of land between the river and the back line.’

The back line called for in the patent was a due north course; that by which Robert Alexander then held was north 6 west. Claims have been since successfully asserted which would vary the back line so as to run north 17 west. The Appellants insist that those who hold under Parthenia shall be compelled to extend to the back line, as now established, and proportionably to contract their line down the river, so that the parallelogram shall still comprize four hundred acres. Pendleton, who is a purchaser under Parthenia, insists on being limited on the west by the line north 6 west, which was the back line when the title of Parthenia accrued.

In the year 1735, Robert Alexander departed this life, having first made his last will in which he devised as follows: ‘Item, I give to my daughter Parthenia Massey four hundred acres in Prince William county, according to my bond. Item, I give to my daughter Sarah Alexander, four hundred acres joining Parthenia Massey, the same length on the back line and the same breadth on the river.’

Parthenia survived her husband, Dade Massey, and intermarried with Townshend Dade. Sarah intermarried with Baldwin Dade, and was put into possession of the land devised to her.

John and Gerard Alexander were the only sons of Robert, and were the co-devisees of the bulk of his estate. In April, 1740, John instituted a suit against Gerard for partition; and to this suit Townshend Dade and Parthenia, his wife, and Baldwin Dade and Sarah, his wife, were parties Defendants. A decree of partition was made, directing that the lands of the Dades also should be allotted to them to be held in severalty. Commissioners were appointed to execute this decree, with directions to report their proceedings to the Court.

Under this interlocutory decree the land was surveyed by Joseph Berry, and a division made. Four hundred acres were allotted to Townshend Dade and Parthenia, his wife, and the same quantity to Baldwin Dade and Sarah, his wife. This allotment was made on the idea that north 6 west was the true back line. But as the Alexanders intended to institute suits for the purpose of recovering lands lying west of the north 6 line, it was agreed between all the parties that the partition then made should not be conclusive, but should depend on the suits about to be instituted. In consequence, as is presumed, of this verbal agreement, the survey and proceedings under this interiocutory decree were not returned; and in May, 1741, the suit was dismissed agreed.

Townshend Dade and Parthenia, his wife, remained in quiet possession of the four hundred acres devised to Parthenia by her father, according to those boundaries which had been marked out on the idea that north 6 west was the true back line.

Sarah Dade died without issue; on which event her land was limited to her two brothers John and Gerard, who entered thereon and continued to hold it according to Berry’s survey.

John Carlyle claimed the land west of north 6 west; and, in April 1766, commenced an ejectment against Alexander, who appears to have recovered part of the land between north 6 and north 17 west in a previous ejectment against one of his tenants. In May, 1771, a verdict and judgment were rendered in his favor.

In the year 1774, Townshend Dade and Parthenia, his wife, instituted a suit against John Alexander for a title to the land mentioned in the bond of Robert Alexander. To this suit John Alexander filed his answer stating the death of Dade Massey leaving a son by Parthenia, her subsequent marriage with Townshend Dade, and the doubt who was entitled to the land, as the reasons for its not having been previously conveyed.

In the same year, Charles Alexander, son and heir of John, filed his answer in which he states the doubt respecting the back line, admits the north 6 west to be the present back line, and prays that, should a more western boundary be at any time established, he and his heirs might be at liberty to vary the boundaries of Parthenia’s land so as to conform to such future back line.

In 1776, a deed was executed by Charles Alexander to Parthenia Dade conveying 400 acres of land according to the bond of Robert Alexander. This deed specifies no boundaries and contains no stipulation respecting the future change of the back line. It would confirm the will of Robert Alexander, if that will wanted confirmation. In the year 1779, this suit was dismissed neither party appearing.

In May, 1778, Parthenia Dade conveyed this tract of land with no other description of the metes and bounds than was expressed in the bond and will of her father, to William Hartshorne, who took possession of the land and held it according to Berry’s survey, which makes north 6 west the back line.

William Hartshorne laid off the northern part of the tract from the river to north 6 west in twenty-three lots which he sold to various persons; and then, in May, 1779, conveyed the residue of the land, which incindes that in controversy, to William Harman, of Pennsylvania, by metes and bounds taking north 6 west to be the true back line.

In the year 1786, Mordecai Lewis, executor of William Harman, conveyed this land to Elisha Cullen Dick, who in 1796, conveyed eighty-three acres, the land now in dispute, to Henry Lee, who, in June, 1797, conveyed to Baldwin Dade, who, on the 29th day of December, in the year 1801, conveyed to Philip Fitzhugh, who, on the 18th of February, 1802, conveyed to Nathaniel Pendleton. In the same deed Fitzhugh conveys also to Pendleton three acres of land, other part of the tract of 400 acres, with notice that Charles Alexander claims north 17 west as the back line.

Previous to the conveyance from Baldwin Dade to Philip Fitzhugh, the said Dade had conveyed the land in controversy to Thomas Swan to secure a debt due to William Hodgson. Swan conveyed to William B. Page, in trust for Hodgson, who conveyed to Hodgson, who, in July, 1803, conveyed to Pendleton.

Soon after the decision in favor of Carlyle in May, 1771, Charles Alexander brought an ejectment for the same lands, and in 1790, a verdict was given in his favor, on which a judgment was rendered, which was affirmed on appeal in 1792. In 1796, Charles Alexander instituted a suit in the Court of Chancery in Virginia, for the purpose of altering the boundaries by which the land of Parthenia had theretofore been held, and of laying off that tract so as to extend it to north 17 west, thereby narrowing its breadth where it stretches towards the town of Alexandria, and giving it more length. To this suit, those under whom Pendleton claims, with others were made Defendants.

Charles Alexander, departed this life in the year 1806, and the suit has not been revived.

Nathaniel Pendleton being about to sell the land in controversy, tendered to Charles Alexander a deed for quieting the title; and, on his refusing to execute it, instituted a suit to compel him so to do. After the death of Charles Alexander this suit was brought against the Defendant, his widow and children.

In the Circuit Court a decree was rendered in favor of the Plaintiff, from which the Defendants have appealed to this Court.

The cause was argued last term, by SWAN and JONES, for the Appellants, and by E. I. LEE and C. LEE, for the Appellee.

SWANN, for the Appellant.

The only question is, whether the long possession according to metes and bounds, gives a good title notwithstanding the claim of Alexander to carry his back line so as to run north 17 degrees west; instead of north 6 degrees west.

The bond to convey to Parthenia in 1731-2, calls simply for the back line; R. Alexander’s will in 1735, devises the land to her by the same description; and the deed of confirmation from Charles Alexander in 1776, still rofers to the back line. Whatever should be the back line of Alexander’s tract, was to be the western houndary of Parthenia’s 400 acres. In 1740 a suit was instituted for partition, in which Parthenia was a party. A survey and partition was made, but was not acted upon by the Court, because the parties all understood that the back line was unsettled, and the partition then made was agreed to be temperary, and to be reformed if the back line should be carried farther to the westward than north 6 degrees west. This agreement, although verbal, was binding on Parthenia, at least so far as to prevent her possession from being considered as adversary to Alexander as to that part of the land which might be taken away upon settling the back line.

There was therefore no adverse possession until 1778, when Parthenia sold to Hartshorne. From 1778 to 1796, when C. Alexander instituted his suit in the Court of Chancery in Virginia, to after the boundaries of the tract, there had not been 20 years of adverse possession. If Pendleton had looked back to his title he would have found that it was never conveyed by metes and bounds, prior to 1778, and that the question of boundary was still unsettled. He purchased while that suit was pending, and therefore must be presumed to have had notice of the claim.

E. I. LEE and C. LEE, contra.

This case is not affected by the question, which was the true back line of Alexander’s land. Neither Parthenia nor those claiming under her, were parties to any suit in which that question was litigated, and cannot therefore be bound by any decision on that point. At the date of the bond, and of Robert Alexander’s devise to Parthenia, he held only to the line north 6 west. The conveyance is to be taken most strongly against the grantor. In 1776, when C. Alexander made the deed to Parthenia, he held only to the same line, and it had been at that time established as his back line by a judgment in the year 1771.

If there were sufficient evidence of a parol agreement, it could be only an agreement to re-convey the land, if the back line should be settled further to the westward. Being a parol agreement to convey land, it would have been void by the statute of frauds.

If Pendleton had notice of the pendency of C. Alexander’s suit in chancery to alter the boundaries, yet that suit was afterwards discontinued, and there is no evidence that Hartshorne, or those claiming under him, had notice of the claim until after they had made their purchases. Pendleton holds their rights, and can protect himself by their want of notice.

JONES, in reply.

There was nothing in the title to deceive purchasers. There was sufficient evidence on the face of the deed to show that the possession was temporary. They all refer to the back line of Howsen’s patent; and every purchaser would necessarily enquire where that line was. Upon the enquiry he would find either that the line was in dispute and unsettled, or that it had been settled at north 17 degrees west.

The agreement was merely evidence of the nature of the possession, and was no more affected, in this respect, by the statute of frauds, than would be a simple declaration of the tenant, that he held not adversely to, but under, R. Alexander.

If the title is to be quieted, it must be upon the principle that long possession by certain metes and bounds, induces a presumption that some deed had been made conformable to the possession. But such a presumption is rebutted by the agreement.

March 12th.

MARSHALL, Ch. J. after stating the case, delivered the opinion of the Court as follows:

‘The being an application to restrain a person from the assertion of title in the ordinary course of judicial proceedings, the prayer of the bill ought not to be granted in a doubtful case; but if the case be a clear one, the interposition of equity is allowable; and the situation of the lend adjoining a growing city, the number of persons who are consequently interested in the settlement of the question, and the numerous titles which depend on it, give it peculiar claims to the attention of the Court.

By the laws which govern this case, a possession of thirty years under some circumstances, and of fifty years, under any, constitutes a title against all the world. The Appellee claiming under a possession perhaps from the year 1732, certainly from the year 1741, has a complete title, unless something can be alleged by the Plaintiffs in error which shall deprive him of the advantages of that possession.

It is urged that the contract of 1741, between the Alexander’s and the Dade’s, made the latter trustees for the former with respect to that portion of the land included in Berry’s survey, which they had agreed to surrender in the event of establishing a more western back line. And that, therefore, in computing time, we must commence with the sale from Parthenia Dade to William Hartshorne, in May, 1778.

Had the land continued in possession of Parthenia Dade and her heirs, the question whether this contract was of unlimited duration, or contemplated some particular suit then intended to be brought, would merit consideration. But as the contract does not appear on the title papers, but was verbal, a purchaser for a valuable consideration could not be affected by it unless he was a purchaser with notice. Finding Parthenia Dade in the quiet and undisturbed possession of four hundred acres of land, forming a parallellogram, limited on the west by the line north 6 west, he had a right to consider that line as established, so far as respected the land of Parthenia. He was not bound to know that a private parol agreement existed, which would control the possession. This trust therefore no more passed with the land to Hartshorne, than would any other secret trust of which he had no knowledge.

The various suits which have been instituted by, and against the ancestors of the Appellants cannot affect this cause, A suit not prosecuted to a decree or judgment is not constructive notice to a person not a pendente lite purchaser; and were the law otherwise, those suits, until that instituted in 1796, would convey no notice of the private agreement made in 1741. A knowledge of the suits therefore would not imply a knowledge of the trust; and possession for fifty years, though with knowledge of a better title, if adversary, constitutes a good defence against that title.

In 1796, Charles Alexander instituted a suit against sundry persons claiming the land in controversy for the purpose of altering the boundaries which had been held by Parthenia, and those claiming under her, from the year 1732, and which had been surveyed under an interlocutory decree made by the Court of Chancery, in the year 1741. In defending themseives against this claim, the purchasers of the land had a right to unite the possession of Parthenia Dade to their possession, without being affected by a secret trust of which they had no notice. If upon the trial of that suit a possession of fifty years could not have been established, and if the Court should have been of opinion that this was not a case in which an adversary possession of thirty years would have constituted a bar, the merits of the title would have been necessarily investigated. But if Charles Alexander had permitted that suit to be dismissed, and had filed a new bill, he would not have been at liberty, in the computation of time, to avail himself of the pendency of the former suit, unless he could have connected the two suits together. The law is the same where a suit terminates by abatement and is not revived, such a suit takes no time out of the act of limitations. The title of Pendleton therefore has from that act all the benefit which can be derived from a possession from the year 1741, when a possession ostensibly adversary by metes and bounds unquestionably commenced, to the institution of this suit in the year 1806. The deduction which the laws of Virginia make from all computations of time in consequence of the war of the revolution, will not be sufficient to take this case out of the act of limitations. The Appellees title, being secured by a possession of more than fifty years, is unquestionably good, and it is proper that the doubts which hang over it, should be removed. There is no error in the proceedings of the Circuit Court and the decree is affirmed.

The 1809-1814 case file can be found here: http://www.lva.virginia.gov/chancery/case_detail.asp?CFN=013-1811-021 (Link to Library of Virginia – Chancery Court: Pendleton v. Alexander case of 1811 – depositions were transferred into this case from 1767 depos:
(p. 1-18: Petition, Answer, and costs sheet on 1809 case).
(p. 19-35: Additional Answers filed by Charles Alexander and wife Francis Alexander).
(p. 57-79: Various depositions taken in 1767 re case and land)
(p. 79-82: Charles Griffith’s deposition on May 8, 1767 is page 79 through 82 of link);
(p. 87: David Thomas’ depo on April 9, 1768 re Thomas Going)
(p. 94-96: Indenture of Parthenia Dade – daughter of Alexander – for land in dispute – describes one landmark as “Goings Gut” in description).
(p. 97-104: Indenture in 1771 Mouth of Goings Gut landmark in sale of property by Dade)
(p. 110-113: Lee Massey depo in Alexander case, depo taken in 1809 mentions Going Gut)
(p. 121-122: 1748 Act creating City of Alexandria – starts with sixty acres of land).
(p. 163-164: 1809 survey mentioning Going’s Gut).
(p. 176: 1767 Carlyle v Alexander case with judgment in 1771) – Admiral Seekright against Charles Alexander
(p. 178-185: Petition describing dispute in 1809 case description of allegations, Goings Gut again referenced).
(p. 187-189: 1776/77 Lee Massey release regarding the disputed land)
(p. 198-203: 1767 Pleadings in case against Charles Alexander and minutes of court and motion)
(p. 205-210: 1810 interrogatories and answers of George Griffin).
(p. 214-216: John Alexander’s questions and answers to depo Qs in 1809).
(p. 223-225: Record of case in 1771 and judgment against Charles Alexander).
(p. 226-227: Deed of Charles Alexander in 1778 re land with Prothenia Dade (Robert Alexander’s daughter)
(p. 228-229: Dick deed in 1790 re land).
(p. 230-233: 1790 and 1809 deeds re land in dispute).
(p. 234-237: Alexander case drawings of surveys done).

1767 May 8 – Deposition of Charles Griffith aged 70 years p. 281-287. (1771 Howson Patent litigation, Carlysle v. Alexander)
Charles Griffith depo, aged 70 or thereabouts
… of Loudoun County, formerly of Stafford now called Fairfax County … between John Carlyle Plaintiff and Charles Alexander Deft, May 8, 1767 – sworn for the Defendant Charles Alexander …
… saith that about 43 years ago he was overseer for one Phillip Noland and that Majr Robert Alexander grandfather to the present Charles Alexander came up from Boyeshole and called in at the said Nolands House when a conversation relative to the said Alexander’s land happened and the said Noland then told Alexander that one Robertson the Goings and several others had surveyed and taken up land within his great pattent, upon which the said Alexander seeming angry swore he would make them suffer and let them know his land run a great way further out than they imagined,
… he this deponent further saith that when Noland told Majr. Robert Alexander that the Goings were taking up and surveying his the said Alexanders land he the said Alexander replied to the said Noland that he had a great mind to turn the molatto rascals (who were then his tenants) of his land – and that he would (when he had a little time) survey his land and shew them how his land run … (NOTE: So Charles Alexander has a witness testify that the Alexander family knew about this for 43 years and did nothing!! Sounds like a lie – and also sounds like a lie that is an admission by the Alexanders that they did nothing because they knew this wasn’t their land).
… he this deponent further saith that about the latter end of the same year the aforesaid Noland and one Francis Awbrey had conversation about the said Alexanders land and he the said Noland then told the said Awbrey that he did realy believe that there was no vacant land thereabouts for that all the land from Great Hunting Creek quite up to Berchen tract of land was included in Alexanders great pattent and that he the said Noland never understood that there was any vacant land thereabouts for if there had been any it would certainly have been taken up before his the said Awbrey’s time
… he this Deponent further saith that about 42 years ago old Hugh West and he rode up to the inhabitants a little below the Lower Falls of Potomack and in this journey over Four Mie Run at the upper horse path they called in at a tenant on the side of a hill which the said West told him this Deponent was the land of Majr Robert Alexander and the said West who was then a Sheriff for Stafford or at least acted as one had precept to serve on the said tenant who the said West told him this Deponent was a tenant to Majr Robert Alexander grandfather to the present Defendant
… he this deponent further saith that the said West went privately ot the the said house which was then entirely surrounded with trees except about three or four thousand corn holes that were cleared round the house which house is now down but stood as this deponent thinks very near the spot of ground shewn by Owen Morris and from this deponent to George West the surveyor
…he this deponent further said that from that house the said old West and he took a horse path North Westerly which went by the place John Alexander Junr now lives and from thence along a path near the said Robert Alexanders back line as he the said Hugh West told him this deponent over several Branches to the said inhabitants a little below the lower Falls of Potomack
… and this deponent saith that as he and Mr West rode along, he this deponent asked the said West if there was any vacant land thereabouts to which the said West replied there ws not any from Great Hunting along Harris’s line quite up to Brecken – as he the said West thought about this line the said West and he were crossing a branch which Branch the said West said was Brichins Branch and the said West then told him this Deponent that Majr Robert Alexanders and Brichins lines run into eachother as he the said West understood
… and that the said Deponent saith that old Mr West told him that from that place the said Robert Alexander’s land run down to the river to the Island called Mason’s Island
… this Deponent further saith that on their return they came down on the said Alexander’s river side tenants to Four Mile Run at the lowermost horse ford from which place they rode up four mile run by a mill to a house where one old Chubb and Lilliard lived at which place old Hugh West had some business
… he this Deponent further saith that West told him that the said house was on Majr Robert Alexander’s land which said house this Deponent saith was at or very near the place shewn by him John Summen and Charritee Noeson to George West the Surveyor.
… he this Deponent further saith that on his and Wests return from where Chubb and Lilliard lived as they were crossing the lower ford of Four Mile Run by the Fishing Stops he this Deponent asked how far Alexanders land run up the said Four Mile Run to which Mr West replied that he thought it was very near a mile up Four Mile Run to Majr Robert Alexanders back line grandfather to the present Defendant
… he this Deponent further saith that he well remembers that one old Colter and one Ballenger told him that from the Lower ford up Four Mile Run to Alexanders backline was near a mile.
… he this Deponent further saith that about forty three years ago he was in company with one Stephen Gray’s widow and one William Parker which Parker told him he was son to the said Widow and they told him that Stephen Gray had taken up a tract of land almost joining Majr Robert Alexander’s land was near against the end of Mason’s Island.
… and this Deponent further saith old Colo Mason father to the present one John Straughan, Richard Wheeler, Thomas Chapman, Peter Guin, John Musgrove and several other old standards whose names he does not at present recollect told him this deponent that the beginning of Alexanders land was opposite the said Mason’s Island formerly called My Lords Island upon the mouth of a Branch and that from that Branch it run into the woods two miles and better.
… he this Deponent further saith that old Peter Guin, Noland, John Musgrove and James Ball advised him particularly not to take up or concern with the land there abouts (which this Deponent wanted to do) for that all the land from Great Hunting Creek six or seven miles up a straight line quite to Brichins Branch was all included in Alexanders, Brichins, and Masons pattent. This Brichin as this Deponent things was a clergyman.
… he this Deponent further saith that he well remembers he was at a race in the same year where the Goings were who then had running horses and that the old people were talking about the Goings taking up Alexanders land and selling it to Thomas and Todd which land the old people then said was in Alexanders back line or at least the greatest part he well remembers that at the same time the old people said that as soon as Alexander should make a survey they would find it was in Alexanders land and that they would lose the greatest part of it.
… At the same time this Deponent saith the people was laughing and said if it were not for the Alexander’s land the Goings had sold to Thomas and Todd they said Goings would not be so lavish of their money of which they seemed to have a great plenty at that time.
… Being asked by the Pltf at what time it was that he rode with Mr Hugh West when he was Deputy Sheriff says that it was in the year 1726 or 1727 as well he remembers and then he was well acquainted with the neighborhood about Four Mile Run, and had been so about three years before that time. And hath constantly lived about Occoquan ever since, but never knew anything of the settlement made by Doctor Dunghill.
… This Deponent says that about the year 1743 he purchased three beeves of Thomas Whitford who then lived on Four Mile Run but he does not remember particularly where abouts his house stood either on the upper side of the run or the lower side but thinks it was on the upper side.
… he says soon after purchasing these Beeves Whitford came down to Belvois to cut stone and in conversation told this deponent he was afraid he should loose his land but this deponent understood or suspected it was for debt.
… the Deponent says that he knows nothing of the bounds of Alexanders land himself only as he has been told and further saith not.
Charles Griffith
Fairfax County May the 8th 1767.
This Deposition was taken and sworn to in the presence of the Plaintiff and the Defendants attorney before.
John West..
Wm Eayner..
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSK4-D993-L?i=125&cat=193246
(Shows the Goings, including James, lived near John Straughan – who took in 10 yr old orphaned William Gowen as an apprentice in 1737 – possible family relationship?).
http://www.lva.virginia.gov/chancery/case_detail.asp?CFN=013-1811-021 (Link to Library of Virginia – Chancery Court: Pendleton v. Alexander case of 1811 – depositions were transferred into this case from 1767 depos:
(p. 1-18: Petition, Answer, and costs sheet on 1809 case).
(p. 19-35: Additional Answers filed by Charles Alexander and wife Francis Alexander).
(p. 57-79: Various depositions taken in 1767 re case and land)
(p. 79-82: Charles Griffith’s deposition on May 8, 1767 is page 79 through 82 of link);
(p. 87: David Thomas’ depo on April 9, 1768 re Thomas Going)
(p. 94-96: Indenture of Parthenia Dade – daughter of Alexander – for land in dispute – describes one landmark as “Goings Gut” in description).
(p. 97-104: Indenture in 1771 Mouth of Goings Gut landmark in sale of property by Dade)
(p. 110-113: Lee Massey depo in Alexander case, depo taken in 1809 mentions Going Gut)
(p. 121-122: 1748 Act creating City of Alexandria – starts with sixty acres of land).
(p. 163-164: 1809 survey mentioning Going’s Gut).
(p. 176: 1767 Carlyle v Alexander case with judgment in 1771) – Admiral Seekright against Charles Alexander
(p. 178-185: Petition describing dispute in 1809 case description of allegations, Goings Gut again referenced).
(p. 187-189: 1776/77 Lee Massey release regarding the disputed land)
(p. 198-203: 1767 Pleadings in case against Charles Alexander and minutes of court and motion)
(p. 205-210: 1810 interrogatories and answers of George Griffin).
(p. 214-216: John Alexander’s questions and answers to depo Qs in 1809).
(p. 223-225: Record of case in 1771 and judgment against Charles Alexander).
(p. 226-227: Deed of Charles Alexander in 1778 re land with Prothenia Dade (Robert Alexander’s daughter)
(p. 228-229: Dick deed in 1790 re land).
(p. 230-233: 1790 and 1809 deeds re land in dispute).
(p. 234-237: Alexander case drawings of surveys done).
Background of case (from what the Plaintiff’s pleadings indicate):
The Alexander family had received a 6000 acre plot of land from Theodorick Bland in
In 1748 an Act was passed to create the city of Alexandria – starting with 60 acres of land. The city was a success. As it grew, the land around it became more valuable.
Charles Alexander inherited much of the rest of the land back in 1735.
In 1735 Robert Alexander died. He had a 6000 acre tract in the area. He left 400 acres of this land to his daughter Porthenia Alexander, who later married Dade and then Massey.
Around 1766, Charles Alexander tried to rent to tenants on parts of the land that were outside the bounds of the tract. Admiral Seekright/Carlyle filed suit against Charles Alexander and received a judgment against him to eject Charles Alexander’s tenants (and him as well) who were illegally on Admiral Seekright’s land, and established where Alexander’s line should be. The judgment also included damages against Charles Alexander of one shilling, plus costs of 50L.121, plus 15,372 lbs of tobacco. Charles Alexander was attempting to claim land beyond the bounds of the plat, and claiming that land belonged to him. John Carlyle also won his case against Charles Alexander, establishing a “line” where the Alexander land ended.
In what appears to be a legal maneuver to overturn the prior cases against him (and gain access to land beyond his line), Charles Alexander then filed multiple other suits of ejectment in other courts against other tenants who were actually clearly on his land. In these other suits, it appears these courts in 1786 did not know of the prior cases establishing the line, and they went along with what Charles Alexander said his line should be (which was beyond the line that the courts in 1771 said his land should be).
Porthenia Alexander never received a deed for her inheritance of 400 acres. Her mother, Sarah, had a “life estate” on the 400 acres until she passed away. When she did pass away, Porthenia asked for her deed to her inheritance. Charles Alexander, the heir at law to the estate, did not want to give her one. When he finally did, he gave her a deed to land that was beyond the line of the tract – Charles Alexander claimed this was part of the estate. Porthenia filed suit to get land that was actually on the estate.
The part of the case involving Thomas Gowing’s land involved the land he had sold to Evan Thomas and Todd. Since the Gowing’s purchased the land around 1710, and sold it to Thomas and Todd in 1719, and then Thomas and Todd lived there for a time after, part of the claim appears to be that of “adverse possession” – that the Alexanders never claimed this land as theirs until after Alexandria became successful and the land became more valuable. Charles Alexander tried to produce witnesses to say that Robert Alexander was indeed running tenants on the said land, and that Gowing, Thomas, Todd, and others knew it. Charles Alexander seems to be arguing that even if his plat did not run to the area in dispute, that he ran tenants on that land for such a long time, and that everyone knew it, so therefore he is the owner by adverse possession.
The jury found against Charles Alexander – they heard the evidence, and must not have believed those witnesses that were saying that the Alexander family openly showing ownership of the land in dispute. From the evidence, it appears just the opposite. Others had lived on the disputed lands since 1710 or before, and continued to do so up until the 1760’s – when Charles Alexander decided to make a move on land outside the bounds of his tract.

1767 June 20 – Deposition of Michael Reagan p. 242. (1771 Howson Patent litigation, Carlysle v. Alexander)
…this Deponent says he was told by Thomas and Todd and on Peter Guinn that the land belonged to them all three and this Deponent further saith that he allways undertood that the widow Thomas intermarried with one Rigbey and further saith not.
Michael Reagan
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSK4-D99Q-6?i=107&cat=193246

1768 Apr 9 – (1771 Howson Patent litigation, Carlysle v. Alexander) – deposition of David Thomas aged 70 odd p. 299-301:  The deposition of David Thomas aged seventy odd taken in an ejectment depending in the county court of Fairfax between John Carlyle Gent Plt and Charles Alexander Deft.
He this depont being sworn for the Deft says that John Lilliard lived westward of the mouth of long branch that empties itself into four mile run near Chubb Mill and that he settled that place about forty odd years ago. He further says that Lilliard told him that when he did pay rent he was to pay it to Majr. Robert Alexander grandfather to the present Charles Alexander for the house and plantation he held westward of the mouth of long branch aforesaid.
The deponent further says that there was a house on the side of a hill to the westward of Lilliards tenement in which house one Vines lived forty odd years ago. The deponent says that Lilliards tenement and Vines’s were settled seven or eight years before Evan Thomas’ family settled on four mile run the deponent says that one John Wildonon came over from Maryland about forty five or six years ago with an intention of taking up land and he remembers that one old Benjamin Talbert used to be often at captain Simon Pearsons about the time that Wildonon came over to take up land.
The deponent says that he heard the said Pearson tell one Going that he had been taking up land which he thought had been taken up before, the said Thomas Going having first told Pearson that he the said Going had been taking up land. The deponent further says that Evan Thomas’s family’s plantation and Vines’s plantation were different plantations and were some distance apart. The deponent being asked by the Plt whether he knew that the land Going had been taking up was in that neighborhood answers he does not know.
Being asked further by the Plt whether Lilliard paid rent to Robert Alexander says he does not know for that Lilliard run away a year or two after he had settled on the aforesaid plantation. He further says that Thomas’s family were not interrupted as he knows of after their settlement on four mile run and that he understood by the said family’s conversation that they pretended to hold as far as the long branch. The deponent further says that he knows nothing about Lilliards paying rent to Robert Alexander, only what Lilliard himself told this deponent about the affair and further saith not.
David Thomas
This witness attended two days; Fairfax Sct; This deposition was taken in the presence of the parties this 9th April 1768 certified under our hands. ; John West and Wm. Adams. https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSK4-D993-S?i=134&cat=193246

1768 Apr 9 – (1771 Howson Patent litigation, Carlysle v. Alexander) Deposition of Benjamin Talbert aged 65 p. 303-310
… about 46-47 years ago he and one John Wilcoxon came over into Virginia and that the said Wilcoxon came over with an intetion of taking up land on the River and he applied to Capt Sion Pearson to shew him the back line of Robert Alexanders land grandfather to the present Defendant …
… at the same time towit about 46-47 years ago the said Pearson carried Wilcoxon and this Deponent to a hicory tree on Hunting Creek and told them that said Hiccory Tree was a corner tree of the said Alexanders land …
… they came opposite to the place where James Green lives ….
… Pearson told them that from the said white oak the line run to the Wankapin Branch …
… the aforesaid back line belonged to one William Strutfield … the said Strutfield had run a small part of his land inside of Alexanders land …
… about a year before Pearson shewed the aforesaid back line one Francis Ballenger who is now dead was with this deponent looking for their horses and they came across a line tree and afterwards one or two more all standing on the same line … Ballenger told them that the said line was the back line of Alexanders land … the said line ran over Brichins Branch to a corner tree …
… he further says that one James Going and Gabriel Adams came out as Pearson was shewing Willcoxon and told him the said back line and he remembers that Going at the same time agreed that Robert Alexander held to the back line which Pearson was showing …
… some were of opinion that Alexander would be allowed to hold to the said line and others were not as it gave Alexander more land than his papers mentioned
… he says that Tom Going confessed that Robert Alexander held to the said line but he was opinion that he would not be allowed to hold ore than his papers mentioned …
… says that James Going told Pearson of it had not been for the speeches and Pearson and some of the neighbors concerning the back line of Alexander they would not have sold their rights … this conversation happened some years after Pearson shewed …
… the deponent says that when the conversation happened between Pearson and Going, Pearson told Going there was a difference between taking up and purchasing and Going told Pearson that if he had known as much before as he did now he would not have sold his right ….
… the deponent says he went to Thomas Going the day after Gray and he had been looking for the said bound tree which bound tree the Deponent says Gray and he could not find and upon his describing the place where they had looked for the said bound tree Going told him he had come damnable near to it and that he was surprised Gran and he did not find it and that if Gray would give him a Black Horse he possessed he would shew him the said bound tree which bound tree the deponent says the said Going told him this deponent stood above Brickens Branch …
… The Deponent says he told Thomas Going he was apprehensive the said bound tree was down and Going told him that it was not for that he had see the said bound tree above Brichens Branch about 10 days before and had his hand on it …
… about 30 large odd years ago … some marked trees that were on the line … by Mr George West Surveyor … he asked a man who lived over the Branch in the Old Fields near Chubb Mill … and the man answered that the Awbreys had been runing land a day or two … he further saith that Tom Going the day after Gray and this Deponent had been looking for the said corner told him he could find it the Darkest night that was, he further saith that the man who lived in the old field told him that he supposed the Awbreys had been marking the trees …
… he further saith that he has lived in the neighborhood about 8 years but has been acquainted in the neighborhood 50 odd years and lived about a mile and a half from the disputed land on the Maryland side and opposite to the land of the Alexanders…
… he frequently came over from Maryland to Virginia …
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSK4-D993-6?i=136&cat=193246

1768 June 11 – (1771 Howson Patent litigation, Carlysle v. Alexander) Deposition of Benjamin Sebastian aged 62 p. 314-328
… in the year 1731 he was imployed by Majr Robert Alexander grandfather to the Defendant to live in his Island as his overseer being the Island now held by Mr Phillip Alexander and this deponent lived there that year and was also imployd by the said Robert to receive his rents which the deponent did as far as lay in his power agreeable to a list delivered him by said Robert the names of the tenants being Judith Ballenger, James Going, Sarah Young, Sarah Amos below Four Mile Creek and Edward Chubb, Richard Middleton, William Boylstone, John Straughan, Adam Straughan, Edward Earpe and Richard Wheeler above the said creek where were all the tenants then living on the said Alexanders tract of land the bounds of which is now in dispute …
… as well as this deponent can remember that there was not at that time one tenant or house to the westward of the North line run on this survey except one small logd house side to be built by one John Lilliard who wa son-in-law to Chubb and before that time had lived with the said Chubb as this deponent understood by the neighbours …
… Deponent knows not where this deponent lived the year following with John Staughan and the year after that this deponent became a tenant to Alexander on promise of a lease which this deponent never got from said Alexander in his life, but after his death got a lease from Gerrard Alexander son to the said Robert to whom that part of the said land was divised by virtue of which lease this deponent now holds the plantations and lived thereon and in the neighborhood near 38 years …
… deponent never knew any of them to have any tenants on the west side of the North line run by the surveyor on this survey till one Robert Mills became a tenant to Gerrard Alexander tome time after the recovery made in the General Court by John and Gerrard Alexander agt Nathaniel Chapman, Awbrey and others and the land so least to Mills lay some part within the North line but the greatest part of it to the westward of that line …
… the deponent says that when John and Gerrard Alexander brought the first ejectment against Champan, Awbrey, etc, in the General Court they imployed John Mercer to prosecute the same as the informed this Deponent and this deponent served the ejectment on the person in possession among whom was one Mark Thomas overseer for Chapman …
… but when Mercer understood that Chapman was concerned he informed the Plaintiffs in that suit that he could not prosecute it against Chapman as he had been long retained or concerned in all said Chapmans business whereupon they rather than contend with Chapman or give up the said Mercer to plead the cause against them they agreed and gave Chapman their bond to reconvey to him whatever land they should take from him by their recovery in that suit all which was agreed to by Chapman and Mercer and Chapman declined making and defence as the said John and Gerrard Alexander informed this deponent and they recovered judgment in that suit against the several Defendants … for which Chapman was greatly complained of by some of the other Defendants who depended greatly on his management in the cause ….
… the Deponent says that ssometime in the Spring of the year 1733 Evan Thomas and his son William Thomas and one William McHoney came to Four Mile Run and settled and began to make a plantation on the North side of the said run and on the west side of the lower long branch and build one small logg’d house at which time there was not any other house on the land now claimed by the Plaintiff … except the small house said to be built by Lilliard as afsd that Evan Thomas soon after died and his widow removed up & maryed one Hugh Rigbey a shoe maker who after they built other houses made use of the logd house for a shop and continued to live there for several years …
… and this deponent never understood they or any of them were lookd upon themselves as tenants to the Alexanders but on the contrary has heard the said Evan Thomas in his lifetime say that Alexander had not any title to go further westward than the north line …
… Thomas had taken up his land jointly with one John Todd who survived him and it was never divided as this deponent heard of…
… some time in the year 1741 John and Gerrard Alexander, Philip Alexander of Stafford County, Bauldwin Dade and Townshend Dade were about to divide the said land agreeable to the will of Robert Alexander decd and got one Joseph Berry a surveyor to divide it …
… this deponent was with them and carried the chain … they run from Hunting Creek N 6 to divide by Gerrard Alexander and John Straughan marked a line after the surveyor did not run out the full number of poles because he did not run so far as the surveyor did on the present survey and it was agreed that the division then made should not be binding or conclusive of their back or north line exept the part of Phillip Alexander which lay off all within the due north line …
… he further saith that Gerrard Alexander in the year 1743 being a divised that his land was intailed resolved to try if he could dock the initial and procured a writ for that purpose and imployed on Robert Boggess to manage the matter for him and gave him a double loon as he Alexander informed this deponent …
… the day before the writ was executed John Alexander came up from Stafford and joined in the matter to have the intail of both their lands docked … (continues on pg 319) …
… the deponent being interogated as to Robert Boggess’s character says he thinks he is a bad man and is confirmed in his opinion by Boggess’s behaviour in a dispute between him and this deponent about four or five years ago when the said Boggess upon oath denyed many fees which this deponent had charged him with denying at the same time that there ever were such suits when the records and proceedings in those suits clearly manifested the contrary and the said Boggess then proved articles or charges in account against this Deponent which were disproved by a disinterested evidence so that this deponent thinks the said Boggess forsworn himself in many different instances in that settlement and this deponent thinks the referees who settled that account will also prove it …
… the deponent remembers there was a difference between Majr Robert Alexander in his lifetime and James Robertson account of Alexanders holding or pretending to hold three or four thousand acres of land more than his pattent specified which Robertson looking upon to be surplus land gave Alexander notice to enter it or he Robertson would do it as this Deponent was informed by Majr Alexander in his lifetime by his son John and by John Straughan who had lived long on the land as a tenant …
… but when Robertson found that Howsons pattent which Alexander claimed did not include all the land which Alexander pretended to claim he Robertson entered and took up part of it as was and Evan Thomas and John Todd had taken up part of it before and Francis Awbrey took almose all the residue being along Alexanders north line as near as they could which land so taken up by Thomas and Todd is now claimed by the Plaintiff and the said Thomas or Todd or those claiming under them hath always been in actual possession of it from the year 1733 to this time except the part recovered in the ejectment of Alexanders against Chapman, Awbrey, and others that James Robertson had run a small distance within Alexanders north line and took in about 30 acres of Alexanders land and sold one hundred and ninety five acres out of this tract to Capt Simon Pearson who devised it to his daughter Susanna who intermarried with John Alexander the Defendant’s father, who finding out that part of it lay within the north line of Howsons pattent sued Robertson in the General Court and recovered damages about L15 for so much of land as lay within the north line and did not eve pretend to ask damages for any more altho the whole 195 acres lay within the North 6 degrees west line by which the Alexanders divided …
(Continues on with evidence doubting the line extending to 17 degrees which is what the Alexanders claimed from pg 324-328)
… 20 odd years ago Ferdenando Oneal in a conversation with this deponent confessed that he was convicted for perjury and transported for that offence into this country …
… Deponent is very much surprised that Benjamin Talbot should know or pretend to know so much of the lands … as this deponent who has lived so long upon the land never heard of him till within this 3 or 4 years and never remembers to have seen him in his life to know him from any other man …
… the deponent says the entry made by Gerrard Alexander was after his suit brought against Awbrey …
.. he served the ejectment mentioned in the former part of his deposition on one Joseph Dorsey who lived below Four Mile Run upon the plantation now occupied by one Reedy and that the ejectment was also served upon several other persons who resided on the lands in this dispute & understood by serving that ejectment that ejectment that the Alexanders claied to the north 17degree west line that about 10 years ago this deponent made an entry in the proprietors office for 400 acres of land between the north 17degree west line of Alexander and the lines Robertson and Col Mason who claims Owsley’s pattent and having let the said Entry lye so long in the office this deponent was obliged in the month of Sept 1766 to renew it and obained a warrant and in July last he sold it to James Muir in trust for Robert Adam and John Carlyle the present plaintiff by assigning over his right of the said warrant …
… Straughan has often told this deponent that he thought that Alexander had not any right to go so far to the westward as their pattent did called for a north course …
… he further says that he understood that Awbrey who claimed Strutfields pattent by purchase was never interrupted till about one year ago by Col George Mason since he surveyed Owsley pattent under which he claims the deponent says that the surveyor in running the north 2degree west line from a hicory bush on Hunting Creek was to the westward of th marked trees and so angled them …
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSK4-D993-9?i=142&cat=193246

Summary of Deposition re: Alexander land:

The deposition of Charles Griffith taken in 1767 was used in at least 2 cases involving the land that the Going family had owned.  In the deposition, Charles Griffith is testifying on behalf of Charles Alexander – the defendant in the case.  Charles Alexander is a party to the case, and is trying to get evidence before the court that land he had placed tenants on in the 1760s was his land.  The people that actually owned the land thought differently, and brought suits against him to eject him from the land.

Charles Griffith was trying to undermine the Going’s original survey in 1710 and imply they took land that belonged to the Alexander family back in 1710, and in selling the land to Todd and Thomas (the buyers of the land from the Going family) that they sold land they did not own to Todd and Thomas who purchased the land from the Going family.  Charles Griffith stated that when Robert Alexander found out the Going family had been doing surveys on the back line of Alexander’s property, that Robert Alexander called them “mulatto rascals”, and that he would make them suffer.

NOTES TO COMPARE:

1)  004 John Gowen – Gowen Manuscript (link to Gowen Manuscript info):  John Gowen ; (Noted Difference:  The writer of this page of the Gowen Manuscript connects John Gowen to Mihil Gowen as an ancestor.  I do not believe there is any evidence the two lines are connected – nothing has been shown that connects the two).  

2)  1994 – 10 Oct Newsletter – GRF (link to newsletter):  See John F. Gowen story;

3)  Four Part Series written in Newsletters about John Gowen and his line – by Carroll Heard Goyne, Jr. (click links for articles):

1) Going Family Traced from Virginia to Louisiana Over 300 Years, Part 1;
2) Going Family Traced 300 Years From Virginia to Louisiana. Part 2;
3) 300 years of Goings; From Virginia to Louisiana. Part 3;
4) William Goyne, Early Patriarch Pioneered in Georgia in 1790 (300 yrs Goings) Part 4;

4)  Carroll Heard Goyne, Jr. page of research consolidated:  Goyne research

5)  Paul Heinegg’s research:

From GRF Newsletter Dec 1994:

I read your story of the John F. Gowen farm [Newsletter, October 1994] with keen interest. Having done
extensive research in this line, I was familiar with most of the documents mentioned, but I have not found any documents that reveal the middle initial of William, John or Mary Keife Gowen.

The only member of this family who signed his name in Stafford County, VA was Ambrose Gowen. Each of the others made his mark using the initial letter of his first name with the exception of John who used the initial letter of his first and last names joined together.

At first glance, this ligature resembles an “F.” Mary’s “M” on one document resembles a “W,” but on closer inspection, it is an “M.” These unique marks prove that they were the same people later in Lunenburg County, VA who sold their land in Fairfax County. Photostats of the signature marks are enclosed.

I regard “William, Ambrose and Thomas Goings” recorded in the records of Granville County, NC to be sons of William & Catherine Gowen of Stafford County, VA. I also believe “David Goins” of Henry County, VA was the son of Ambrose Gowen. “John Goins” who was born on the Flatt River in Granville County, NC in 1750 had a long, close relationship with John Riddle. Both appear in Fincastle County, VA and Montgomery County, VA records during 1777-1780s. They are living next to each other in Stokes County, NC during the 1790s. One researcher suggested they were brothers-in-law. Jack Goins, Rt, 2, Box 275, Rogersville, TN, 37857. Thanks, Jack for catching our “initial errors.” Researchers note corrections.

MARYLAND CASES INVOLVING a John Gowen:

The following “John Gowen” is noted in Somerset County, Maryland in the following court cases in 1726. Currently, other documents regarding this particular “John Gowen” have not been confirmed. This “could” be the John Gowen from Fairfax County, VA, but it could easily be a John Gowen from one of the other Gowen lines in the Americas at that time. 

 John Gowen  – court case.  June Court 1726 pg. 135.   LG  Thomas Predix Plft  @  John Gowen Deft

(Note: Trespass case – John Gowen is being sued by Thomas Predix. This appears to be an initial setting with the court, giving notice to John Gowen and Thomas Predix to bring evidence to the next court setting).

This being an action of trespass upon the Case &c wherein the Sherr of Somersett County to whom the Writt in the Same action was directed Comes and makes Return thereof Endorsed vizt  Cepi Corpus P Francis Allen Sherr Whereupon the Said John Gowen at the Prayer of the Plfts attorney is adjudged to give Speciall bail to the action afd  thereupon a Certain Thomas Peal of Somersett County present here in Court undertakes for the Said John Gowen that if in Case the Said Thomas Predix Shall Recover Judgmt in the plea afd against the Said John Gowen in the plea afd or that the said John Gowen shall be therein Convict that then he the said John Gowen shall pay the Condemnation of the Court thereupon or Render his body to the Custody of the Sherr of Somersett County in Satisfaction thereof or that he the Said Thomas Peal will do it for him thereupon the said John Gowen by George Dashiell his attorney appears and Imparles till Next Court &c
http://msa.maryland.gov/megafile/msa/speccol/sc2900/sc2908/000001/000840/html/am840–135b.html
Somerset County Judicial Records, 1725-1727, Volume 840, page 135b

2. 1726 – John Gowen court case – Somerset County, MD.  pg 173
GD  John Gowen agt Ps  Jacob Phillips

(Note: Trespass case: John Gowen brings a lawsuit against Jacob Phillips for trespass. A trial before the court appears to have taken place, and the judge finds in favor of John Gowen ordering payment by Jacob Phillips).

Somersett fs Jacob Phillips Late of Somersett County planter was attached to answer unto Jno Gowen of a plea of trespass upon ye Case &c And whereupon ye same Jno Gowen pr Geo Dashiell his attorney Complaines yt ye Said Jacob at Stepney Parish in Somrsett County within  yt Jurisdiction of this Court on ye tenth Day of Janry One thousand seven hundred & twenty five Six was Indebted to ye same John in ye sum of two pounds five shills & two pence Currant money as Pr acct hereunto anext may in Court appear & being soe thereof Indebted ye said Jacob did upon himselfe assume & promise yt ye afd Sum of two pounds five Shills & two pence he would well & truly pay when thereto requested Nevertheless ye same Jacob his promise ad in forme afd Made he hath Not regarded but ye same two pounds five Shills & two pence to pay hath Denyed & Still doth Deny to ye Damage of ye said John of four pounds ten Shills & four pence & thereof he brings Suite &c Dashiell P Quer pledges &c  J: Doe    R: Roe

Janrny 10th,  1725/6
Jacob Philips to John Gowen Dr
To 2 quarts of rum @ 1/6 p to 1 Knife and Fork 18d
To 6 yds of Druggett @ 5/ p to 5 Dozn of Coat buttons @ 1/6
To 4 hanks mohair @ 9d
Errors Excepted John Gowen

£0..4..8d
1..17..6
3
£2..5..2

And the afd Jacob Phillips in his own proper person Comes and defends the force and Injury when &c and Prays Leave to Imparle hereunto untill the next Court and he hath it and the Same is given to the Plft also  Att which said next Court to witt the Sixteenth day of august anno Dom one thousand seven hundred and twenty six Came againe as well the afd John Gowen by his attorney afd as the said Jacob Phillips in his own proper person and the said Jacob Phillips says that he Cannot gainsay the action afd nor but that he did promise and upon himselfe assume in manner and form as the afd Plft above against him hath Complained nor but that the said Plft ought to recover his damages by occasion of the Non performance of the promise and assumption afd to two pounds five Shillings and two pence Currt money and Costs of Suit against him which the said plft doth not gainsay &c

Therefore it is Considered by the Justices here the Same day and year Last mentioned that the afd John Gowin Recover against the afd Jacob Phillips as well the Sum of two pds five Shillings and two pence Currt money his Damages afd in form afd Confesed as also the Sum of 239 two hundred and thirty Nine  pounds of tobo for his Costs and Charges by him about his Suite in that part Expended to the same John by the Court hereof his assent adjudged and the afd deft in mercy &c
Somerset County Judicial Records, 1725-1727, Volume 840, page 173b
August Court        1726
http://msa.maryland.gov/megafile/msa/speccol/sc2900/sc2908/000001/000840/html/am840–173.html

1726 – John Gowen – Somerset County, MD – court case:
March Court    1726 .  Pg. 260
Jno Gowen @ Jacob Philips
Casa for 2..5..2 & 260 Cepi satisfyed

Somerset County Judicial Records, 1725-1727, Volume 840, page 260b
http://aomol.msa.maryland.gov/megafile/msa/speccol/sc2900/sc2908/000001/000840/html/am840–260b.html

1726 – John Gowen – Somerset County, MD – court case:
March Court  1726.  pg. 262

Ordered by the Court that John Gowen pay unto Andrew Collins thirty pounds of tobacco being due unto him for his attenda one day as Evidence on behalfe of the said John Gowen against Thomas Predix he having made oath to the same &c
Somerset County Judicial Records, 1725-1727, Volume 840, page 262b.
http://aomol.msa.maryland.gov/000001/000840/html/am840–262b.html

1726 – John Gowen – Somerset County, MD – court case:
Novemr Court  1726.  pg. 183-185
The Same @ John Videl    Wm Allen
als Edwd Coleman, John Persons
Mary Atch and Richd Gore
Somersett County fs

Note: The following is a Criminal Case against the following Defendants: John Videl, William Allen, Edward Coleman, John Persons, Mary Atch, and Richard Gore.
Facts: The Defendants are accused of stealing property from the following victims:

Victims of Theft:

1) Thomas Peal (Mariner): One Boat of ye value of seven hundred pds of Tobo;(Note:  value of his property stolen)
2) Francis Allen (Gent): three sheets of ye value of twenty pds of Tobo Each Sheet one Iron pott of ye value of Twenty Six pounds of Tobo one wallett of ye value of four pounds of Tobo & one old smock of ye value of twenty pds of Tobo; (Note:  value of his property stolen)
3) John Gowen (Mariner): One Rugg of ye value of thirty pounds of Tobo one Bagg of ye value of seven pds of  Tobo one pillow of ye value of tenn pds of Tobo one sauce pan; three spoons of ye  value of two pounds of Tobo one platter of ye value of three pounds of Tobo one Dipsie Line of ye value of twelve pds of Tobo one Runlett of ye value of tenn pds of Tobo; (Note:  value of his property stolen)
4) Palatiah Whittemore (Merchant): one rugg of ye value of thirty pds of Tobo one Pillow of ye value of tenn pds of Tobo  one pair of Shoes of ye value of ten pds of Tobo one pair of Cotton Stockings of ye  value of sixteen pds of Tobo & one Check Shirt of ye value of twenty pds of Tobo. (Note:  value of her property stolen)

Defendants and Summary of Punishment by the Court:

FINDINGS:  Note:  Mary Atch pleas guilty immediately.  The other Defendants (John Videl, William Allen, Edward Coleman, John Persons, and Richard Gore) demand a trial.  It appears they change their mind during trial or just before (maybe when they saw the jury) and decide to plea guilty.  The court finds the defendants guilty of feloniously stealing the above listed property from Thomas Peal, Francis Allen, John Gowen, and Palatiah Whittemore.
PUNISHMENT:  The court sentences the Defendants to the following punishment:  
John Videl and John Persons:  sentenced to pay 4 times the value of the propery listed to all the victims above, and that the “afd John Videl be whipt with five Lashes on the bare back well Laid on untill the blood appear and that he Stand in the pillowry a quarter of an hour”. 
William Allen als Edward Coleman: sentenced to pay 4 times the value of property stolen, plus 5 lashes to the bare back well laid until blood appear, and stand at the pillowry a quarter of an hour.  Additionally, the court notes he is a servant to a Certain Samuel Gale living in the Jersies.  The court commits him to the custody of Somerset County to remain under the charge of the sheriff.  
Mary Atch:  sentenced to pay 4 times the value of the property stolen, plus 5 lashes to the bare back well laid until blood appear, and stand at the pillowry a quarter of an hour.  Mary Atch does not have the money for security to pay for the fine, so she is to be sold for seven (7) years to the highest bidder – highest bidder was James Bowcher – for 2010 pounds of tobacco – funds for use of the county.   
Richard Gore:  sentenced to pay 4 times the value of the property stolen, plus 5 lashes to the bare back well laid until blood appear, and stand at the pillowry a quarter of an hour.  Richard Gore is an indentured servant to Hugh Porter (his master).  The court orders Hugh Porter to deliver Richard Gore back to the court after his time of service has run, for him to pay for the four fold reimbursement and fees due.   

The Jurors for the Right honrble the Lord Propry of this province yt now is for ye Body of Somrsett County upon their Oath do present yt Jno Vidall Late of Pocomoke hundred in ye County of Somrsett afd Mariner Willm Allen als Edward Coleman of ye same place Mariner Jno Parsons of ye Same Place Labourer Mary Ach of the Same place Spinster & Richd Gore of ye same place Labourer Servant to Hugh Porter of ye said County Gent ye twenty Ninth day of October Anno Dom Seventeen hundred & twenty Six at Pocomoke hundred afd in Somrsett County afd within ye Jur of this Court with force & arms &c  One Boat of ye value of seven hundred pds of Tobo of ye proper goods & Chattles of a Certain Thos Peal of Said County Marriner three sheets of ye value of twenty pds of Tobo Each Sheet one Iron pott of ye value of Twenty Six pounds of Tobo one wallett of ye value of four pounds of Tobo & one old smock of ye value of twenty pds of Tobo of ye proper goods & Chattles of a Certain Francis Allen of sd County Gent One Rugg of ye value of thirty pounds of Tobo one Bagg of ye value of seven pds of  Tobo one pillow of ye value of tenn pds of Tobo one sauce pan & three spoons of ye  value of two pounds of Tobo one platter of ye value of three pounds of Tobo one Dipsie Line of ye value of twelve pds of Tobo one Runlett of ye value of tenn pds of Tobo being of ye proper goods & Chattles of a Certain Jno Gowen of sd County Marriner one rugg of ye value of thirty pds of Tobo one Pillow of ye value of tenn pds of Tobo  one pair of Shoes of ye value of ten pds of Tobo one pair of Cotton Stockings of ye  value of sixteen pds of Tobo & one Check Shirt of ye value of twenty pds of Tobo of ye proper goods & Chattels of a Certain Palatiah Whittemore of ye Said County Merchant then & there being & found then & there feloniously did steal take & Carry away agt ye form of an act of assembly of this province now in force in such Case made & provided & agt ye Peace of ye Right honrble ye Ld Propry of this province yt now is his good rule & Governmt
Geo: Dashiell Clk of Indictments
Testes   Francis Allen, John Gowen, Palatiah Whittemore

On the backside of the foregoeing Bill of Indictmt it was thus Endorsed vizt Billa   vera   Joseph Macclester

Thereupon Command was given to the Sherr of Somersett County that he should take the afd John Videll, William Allen als Edward Coleman, John Persons, Mary Atch (and) and Richard Gore if &ca to answer &c   And afterwards in the same Court Came the Said John Videll, William Allen als Edward Coleman, John Persons, Mary Atch and Richard Gore in Custody of the said Sherr into whose Custody before that time was Committed for the Cause afd and being by the said Sherr sett to the barr here (Indictmt read) the said John Videll, Wm Allen Als Edwd Coleman, John Persons Mary Atch, and Richard Gore is thereupon Instantly demanded how they and Each of them and Every of them would acquitt themselves of the felony afd as by the Indictmt above is upon them, and Each of them and Every of them Imposed thereupon the afd Mary Atch says that of the felony afd as by the Indictmt above upon her Imposed She is Guilty thereof and putts herselfe in Mercy of the Right honrble the Lord proprietary of this province sent afd

But the said John Videll William Allen als Edward Coleman, John Persons and Richard Gore and all and Every and Each of them say that of the felony afd as by the Indictmt afd upon them and Each and Every of them Imposed, they nor neither of them are Guilty thereof and thereof for tryall they and Every of them and Each of them pray that it may be Enquired of by the Country and George Dashiell his said Lordships attorney who for his said Lordship in this behalfe prosecutes like wise whereupon afterwards here in the Same Court (being at the Barr) the afd John Videll, William Allen als Edward Coleman, John Persons and Richard Gore, and all, and Each of them, and Every of them Relinquisheth their and Every of their and Each of their verifications afd by them and Each of them  and Every of them before alledged and Say that of the Felony afd as by the Indictmt above upon them and each of them and Every of them Imposed they are guilty thereof and they and Each of them and Every of them putt themselves in mercy of his Said Lordship the Lord proprietor the fact afd whereupon the Court here valued the Boat in the Indictmt mentioned to fifty pounds of tobo being the proper goods and Chattells of the afd Thomas Peal as also three Sheets of the value of twenty pounds of tobo each sheet, one Iron Pott of the value of twenty six pounds of tobo of the proper goods and Chattells of the afd Francis Allen One rugg of the value of thirty pounds of tobacco one Bagg of the value of Seven pounds of tobo One pillow of the value of ten pounds of tobo one sauce pan and three Spoons of the value of Two pounds of tobo one platter of the value of three pounds of tobo one Dipsie Line of the value of twelve pounds of tobo one runlett of the value of ten pounds of tobo of the proper goods and Chattells of the afd John Gowen one rugg of the value of thirty pds of tobo; one pillow of the value of ten pounds of tobo one pair of Shoes of the value of tenn pounds of tobacco one pair of Cotten Stockins of the value of sixteen pounds of tobo one Check Shirt of the value of twenty pounds of tobo of the goods and Chattells of the afd Palatiah Whittamore

Wherefore it is Considered by the Justices here that the afd John Videl pay (unto) unto the sd Thomas Peal one of the party’s deprived four fold of the value of the Boat afd amounting in the whole to two six hundred pounds of tobo also that he pay unto the afd francis allen another of the partys deprived four fold of the value of the goods mentioned & said from him to be Stolen amounting in the whole to four hundred and forty pounds of tobo as also that he pay unto the said John Gowen another of the partys deprived four fold of the value of the goods mentioned in the Indictmt from him to be Stolen amounting in the whole to two hundred and Ninty six pounds of tobacco likewise that he pay unto the Said Palatiah Whittamore the other of the partys Deprived four fold of the value of the goods mentioned in the Indictmt from him to be Stolen amounting in the whole to three hundred and forty four pounds of tobo (the afd Boat goods and Chattles being by the Court valued according to Law as afd) and that the afd John Videl be whipt with five Lashes on the bare back well Laid on untill the blood appear and that he Stand in the pillowry a quarter of an hour and that he be taken &c   and thereupon as to the Corporall punishmt afd Command is given to the Sherr of Somersett County that he do thereof Immediate Execution according to the Judgmt afd rendered by whiping the afd John Videl at the Publick whiping Post with five Lashes on the Bare back well Laid on untill the blood appear and by Sitting him in the pillowry a quarter of an hour and afterwards in the Same Court the Sherr returns that he has done the Execution of the Judgmt afd as to the Corporall punishmt afd he was Commanded whereupon the Said John Videl is ordered by the Court to give Security for the paymt of the four fold afd and officers fees due to the Severall Officers by Occasion of the premisses afd but for want thereof the said John Videll is Committed Committed into the Custody of the Sherr of Somrsett County thereto remain the Said Sher being present took Charge of the Said John Videll accordingly &c

Wherefore it is Considered by the Justices here that the afd Wm Allen als Edward Coleman pay unto the afd Thomas Peal one of the party’s deprived four fold of the value of the Boat afd amounting in the whole to two hundred pounds of tobo also that he pay unto the afd francis allen another of the party’s deprived four fold of the value of the goods mentioned & said from him to be Stolen amounting in the whole to four hundred & forty pounds of tobo as also that he pay unto the said John Gowen another of the party’s deprived four fold of the value of the goods mentioned in the Indictmt from him to be Stolen amounting in the whole to two hundred & Ninty Six pounds of tobo   Likewise that he pay unto the Said Palatiah Whittemore the other of the party’s Depriv’d four fold of the value of the goods mentioned in the Indictmt from him to be stolen amounting in the whole to three hundred & forty four pounds of tobo (the afd Boat Goods & Chattells being by the Court valued according to Law as afd) & that the afd William Allen als Edward Coleman be whipt with five Lashes on the Bare Back well Laid on untill the Blood appear & that he stand in the Pillowry a quarter of an hour & that he be taken &c and thereupon as to the Corporall punishment afd Command is given to the Sherr of Somersett County that he do thereof Immediately Execution According to the Judgmt afd render by whiping the afd William Allen als Edwd Coleman at the Publick whiping Post with five Lashes on the Bare Back well Laid on untill the Blood appear & by sitting him in the Pillowry a quarter of an hour afterwards in the Same Court the Sherr returns that he has done the Execution of the Judgment afd as to the Corporall Punishmt afd he was Commanded whereupon a Certain Thomas MccCoster and Joseph Pemberton being Present in Court made oath to the best of their knowledge that the afd Wm Allen als Edwd Coleman is a Servant to a Certain Saml Gale Living in the Jersies &a

Thereupon the said William Allen als Edward Coleman is Committed into the Custody of the Sherr of Somersett County thereto remain &c the said Sherr Present here in Court took Charge of him accordingly &a

Wherefore it is Considered by the Justices here that the afd John Persons pay unto the afd Thomas Peal one of the partys deprived four fold of the value of the Boat afd amounting in the whole to two hundred pounds of tobo also that he pay unto the afd Francis Allen another of the partys deprived four fold of the value of the goods mentioned & said from him to be Stolen amounting in the whole to four hundred & forty pounds of tobo as also that he pay unto the said John Gowen another of the partys deprived four fold of the value of the goods mentioned in the Indictmt from him to be stolen amounting in the whole to two hundred & Ninty Six pounds of tobo Likewise that he pay unto the said Palatiah Whittemore the other of the party’s deprived four fold of the value of the goods mentioned in the Indictmt from him to be Stolen amounting in the whole to three hundred & forty four pounds of tobo (the afd Boat goods & Chattells being by the Court valued According to Law as afd) & that the afd John Persons be whipt with five Lashes on the Bare Back well Laid on untill the Blood appear & that he stand in the Pillowry a quarter of an hour & that he be taken &c & thereupon as to the Corporall punishment afd Command is given to the Sherr of Somrsett County that he do thereof immediate Execution According to the Judgmt afd render by whiping the afd John Persons at the Publick whiping with five Lashes on the Bare Back well Laid on untill the Blood appear & by Sitting him in the Pillowry a quarter of an hour afterwards in the same Court the sherr returns that he has done the Execution of the Judgmt afd as to the Corporall Punishmt afd he was Commanded  Thereupon the said it is ordered by the Court that the afd John Persons Give Security for the four fould and fees afd whereupon a Certain Joseph MccClester present in Court in his proper person undertakes for the said John Persons for to pay the four fould afd and the severall Officers their fees due by occasion of the premisses upon the Indictmt afd

Wherefore is Considered by the Justices here that the afd Mary Atch pay unto the afd Thomas Peal one of the party’s deprived four fold of the value of ye Boat afd amounting in the whole to two hundred pds of tobo also that he pay unto ye afd Francis Allen another of the partys deprived four fold of the value of the goods mentioned & said from him to be Stolen amounting in the whole to four hundred & forty pounds of tobo as also that he pay unto ye said John Gowen another of the partys deprived four fold of the value of the goods mentioned in the Indictmt  from him to be stolen amounting in the whole to two hundred & Ninty Six pds of tobo Likewise that he pay unto the said Palatiah Whittemore the Other of the party’s deprived four fold of the value of the goods mentioned in the Indictmt from him to be stolen amounting in the whole to three hundred & forty four pds of tobo (the afd Boat goods & Chattells being by the Court valued according to Law as afd) & that the afd Mary Atch be whipt with five Lashes on the Bare Back well Laid on untill the blood appear & that She Stand in the Pillowry a quarter of an hour & that she be taken &c and thereupon as to the Corporall Punishmt afd Command is given to the sherr of Somrsett County that he do thereof Immediate Execution According to the Judgmt afd rendred by whiping the afd Mary Atch at the Publick whiping Post with five Lashes on the Bare Back well Laid on untill the Blood appear & by sitting her in the Pillowry a quarter of an hour afterwards in the Same Court the sherr returns that he has done the Execution of the Judgment afd as to the Corporall Punishmt afd he was Commanded  Whereupon it is ordered by the Court that the afd Mary Atch give Security for the paymt of the four fould and the fees afd but for want thereof Command is given to the Sherr of Somersett that he Sell the afd Mary Atch to the biggest bidder not Exceeding Seven Years to reemburst the four fold and fees afd due by Occasion of the premisses thereupon the Said Mary Atch pursuant to the afd Command is Sold by the Sherr to a Certain James Bowcher for Seven Years to Commence from this term for the Sum of two thousand and ten pounds of tobo for the use of the County &c

Wherefore it is Considered by the Justices here that the afd Richard Gore pay unto the afd Thos Peal one of the party’s deprived four fold of the value of the Boat afd amounting in the whole to two hundred pds of tobo also that he pay unto the afd Francis Allen another of the party’s deprived fourfold of the value of the goods mentioned & said from him to be stolen amounting in the whole to four hundred & forty pds of tobo as also that he pay unto the said John Gowen another of ye partys deprived four fould of the value of the goods mentioned in the Indictmt from him to be stolen amounting in the whole to two hundred & Ninty Six pds of tobo  Likewise that he pay unto ye sd Palatiah Whittemore the other of the party’s deprived four fould of the value of the goods mentioned in the Indictmt from him to be Stolen amounting in the whole to three hundred & forty four pds of tobo (the afd Boat goods & Chattells being by the Court valued According to Law as afd) & that the afd Richd Gore be whipt with five Lashes on the Bare Back well Laid on untill the Blood appears & that he stand in the Pillowry a quarter of an hour & that he be taken &c & thereupon to the Corporall Punishment afd Command is given to the Sherr of Somrsett County that he do thereof Immediate Execution according to the Judgmt afd render by whiping the afd Richd Gore at the Publick whiping post with five Lashes on the Bare Back well Laid on untill the Blood appear & by sitting him in the Pillowry a quarter of an hour afterwards in the same Court the Sherr returns that he has done the Execution of the Judgmt afd as to the Corporall Punishment afd he was Commanded   Whereupon Hugh Porter master of the afd Richard Gore undertakes to deliver the said Richard Gore up to the County Court or Sherr of the Said County at the Expiration of the his Servitude afd to reemburst the four fold and fees due to the Several Officers due by means of the premisses afd &c
Somerset County Judicial Records, 1725-1727, Volume 840, page 183-185
http://msa.maryland.gov/megafile/msa/speccol/sc2900/sc2908/000001/000840/html/am840–183.html

March Court  1726.  p. 248
LG  Thomas Predix @ John Gowen

(Summary of Case – Note:  The court hears the case of Thomas Predix against John Gowen.  It is a case for non-performance.  The court find against Thomas Predix in that Thomas Predix had “no damages” and orders him to pay John Gowen for the cost he incurred in defending his case.  The court states:

“Therefore it is Considered that the afd Thomas Predix take nothing by writt and declaration afd but be in mercy for his falce Clamour and that the afd John Gowen goe thereof without day &c and that the afd John Gowen Recover against the afd Thomas Predix in the sum of Ads pounds of tobacco for his Costs and Charges by him fees about his defence in that Part Expended to the same John by the Court hereof his assent according to the form of the Statute in Such Case Lately made and provided adjudged”.

Somersett fs  John Gowin Late of Somersett County marriner was attached to answer unto Thomas Predix of a plea of trespass upon the Case &c And whereupon the Same Thomas by Levin Gale his attorney Complains that Whereas the afd John the tenth day of august Anno Dom one thousand seven hundred and twenty five at Somersett County within the Jurisdiction of this Court was Indebted unto the afd Thomas in the Sum of five pounds and six pence Currt money as by acco  herewithin Court produced may appear and so thereof being Indebted the same John in Consideration thereof afterwards to witt the same day and year afd at the County afd within the afd Jur of th upon himselfe assumed and to the same Thos then and there faithfully promised that he when afterwards he should be thereto requested the afd sum of five pounds and Six pence Currt money to the Same Thos would well and faithfully Content and pay Nevertheless the said John his promise and assumption afd in forme afd made Little Regarding but plotting and fraudulently Intending the afd Thos in that part to defraud and deceive he the afd Jno the afd sum of five pounds and six pence Currt money or any part thereof to the same Thos (altho’ afterwards to witt the same day and year afd at the County afd within the afd Jur he was thereto requested) he hath not paid nor the same Thomas for it in anywise Contented but the said John the same hitherto to do hath altogether Refused and Still doth Refuse to the damage of the same Thomas of ten pounds and one Shill Like money and thereof he brings this suit &c
L Gale P Quer Pledges &c J Doe R Roe

Janry ye 15th 1724/5.  John Gowin
To 13 yds of druget at 6s pr yd
To 84 yds of shalloone
To 2 yds of Buckram
To 4 skines of silk
To Crdt given Jno Mumford
To rum at Sundry times
To Tobo for new England
Dr
3..18..0d
2..2..6
0..4..0
0..2..0
1..0..0
0..7..0
1..12..6
9..6..0
P Contra
By 1 Barrell of porke
By 1 Hatt felt
By sundrie paymts

Ball due to me is Saving Errors pr me
Thomas Predix.  Cr
2..0..0d
0..15..0
1..10..6
4..5..6
5..0..6
9..6..0

Jurat Incuriæ in Common form     Thos Hayward Cl

And the afd John Gowen by George Dashiell his attorney Comes and defends the force and Injury when &a and prays Leave to Imparle hereunto untill the next Court and he hath it and the same day is given to the afd Plft here also

Att which said next Court to witt the Sixteenth day of august anno Dom One thousand seven hundred and twenty six Came againe as well the afd Thomas as the afd John by their attorneys afd and the same John by his said attorney prayed further Leave thereof to     Imparle here untill the next Court and he hath it and the same day is given to the afd     Plft here also

Att which said next Court to witt fifteenth day of November Anno Dom One thousand seven hundred and twenty six Came again as well the afd Thomas as the afd John by their attorneys afd and the same attorney of the afd John saith nothing in bar or avoydance of the action of the afd Thomas by which the said Plft Remaineth agt the afd Deft thereof undefended  By which the afd Thomas his damages by occation of the non performance of the promise and assumption afd against the afd John Ought to recover but becaus it is not known to the Court here what Damages the afd Thomas   hath sustained as well by Occasion of the Nonperformance of the promise and assumption afd as for his Costs and Charges by him about his suite in that part Expended

therefore Co it is Commanded the Sherr that by the Oath of honest and Lawfull men of his bailywick he diligently Enquire what damages the afd Thomas hath sustained as well by occasion of the nonperformance of the promise and assumption afd as for his Costs and Charges by him about his suite in that part Expended and the Inquisition which thereof he should take to his Lordships the Right honrble the Lor prietary’s Justices of the Peace at the next Court to be held for the County afd at dividing Creek the third tuesday of august march next under his seal and the seals of those by whose Oath he makes the same Inquisition he send together with the writt thereof to him directed &c and the same day is given to the afd Jno here also

Att which said next Court to witt the third tuesday of march being the twenty first day of the same month anno Dom one thousand seven hundred and twenty six at dividing Creek in the County afd Cometh  the afd Thomas Predix by his attorney afd and the sherr to witt Francis Allen Gentleman likewise Cometh and maketh Return of a Certain Inquisition taken before him at the house of Mr James Martin at Snow hill Town in the County afd on the twenty Eighth day of December one thousand seven hundred and twenty six by which it appears that the afd Thomas Predix hath not sustained any damages by Occasion of the nonperformance of the Promise and assumption afd of the afd John Gowan

Therefore it is Considered that the afd Thomas Predix take nothing by writt and declaration afd but be in mercy for his falce Clamour and that the afd John Gowen goe thereof without day &c and that the afd John Gowen Recover against the afd Thomas Predix in the sum of Ads pounds of tobacco for his Costs and Charges by him fees about his defence in that Part Expended to the same John by the Court hereof his assent according to the form of the Statute in Such Case Lately made and provided adjudged &c

http://msa.maryland.gov/megafile/msa/speccol/sc2900/sc2908/000001/000840/html/am840–248b.html
Somerset County Judicial Records, 1725-1727, Volume 840, page 248b – 249.

CORRECTION:

REMOVED:   “John Gowen of Lunenburg County, Virginia” receives a deed to “100 acres on Dodson’s Branch at Hargrove’s old line” from William Stroud February 23, 1760 for £30, according to Granville County Deed Book C. (NOTE: this is INCORRECT – this is actually an entry for John Gomer if you look at the deed – this is not John Gowen – if you search “Gomer” there are several transactions with that family in this area – they came from Lunenburg Co as well) See:  https://www.familysearch.org/ark:/61903/3:1:3QS7-L9C5-DLX?i=29&cat=360398  ).