1680 abt James Gowing of Stafford Co, Va (Y1)

James Gowing b abt 1680 m. possibly married to a Mary (unknown maiden name),
(Note:  if the Children orphaned in Brunswick Co, Va by 1734-40 are his … this is a guess)

(Y1) YDNA Group

Parents:

Dad: Thomas Gowing  b. abt 1660 … NOTE: OR John Gowing – depending on which man was the paternal ancestor of this group… this is unknown at this time).
Mom: unknown

Children:

Potential children in Stafford County, Va (of John Going b. 1680, William Going b. 1682, or James Going b. 1683):

Siblings:

John Gowing b. 1680
William Gowing b. 1682
James Gowing b. 1683

(There have been no documents confirming who James Gowing’s children are … if any.  Six of the following children were bound out as apprentices between 1734 to 1740, in either Stafford County, or Brunswick County, Virginia.  His children might have been these bound out children.  I have assumed these are the children of Ambrose Gowen (James’ nephew), but they could be children of James Going):

James Gowen born about 1720
Thomas Gowen born about 1722 (In 1736 was bound to Ralph Jackson in Brunswick, Va).
John Gowen born about 1723 (In 1736 was bound to Ralph Jackson in Brunswick, Va).
Elsoner Gowen born about 1725 (In 1740 was bound to Ralph Jackson in Brunswick, Va).
William Gowen born about 1726 (in 1737 was bound to John Straughan in Stafford, Va).
Cave Gowen born about 1727 (In 1734 was bound to James Vaughan in Brunswick, Va).
Drury Gowen born about 1729 (In 1740 was bound to Ralph Jackson in Brunswick, Va).

States and Counties to research: 

FACTS and EVENTS:

Early Life to Adulthood:

arlington-county-land-owner-map-1669-to-1796-including-going-lands-1215acres-652acres-and-653acres-marked

fairfax-map-1760-marked1215acres to Thomas, John, William, and James Goin -653acres to Thomas Going -652acres James Going

James Gowing was probably born around 1680 in or near Westmoreland County, Virginia or across the Potomac River in Maryland.  It is assumed that Thomas Gowing born 1660 is the father of John Gowing born 1680, William Gowing born 1682, and James Gowing born 1683.  No information is known about their mother.  Thomas is assumed to be the father of the four since he shows up earliest in records around Westmoreland County, Va.  James Gowing and his father and brothers move to Westmoreland County about 1695 (possibly from Maryland, just across the Potomac River).

In 1701 – “William Gowing, James Gowing and John Gowing” were included in the roster of a company of dragoons commanded by Capt. John West and Lt. John Peake. They were on duty in Stafford County in 1701, according to “Virginia Colonial Soldiers” by Lloyd Bockstruck. The dragoons who were mounted infantrymen, received their name from their weapons. The troops carried a musket called the “Dragon” and accordingly were called dragoons. Va Military.

1702 James William and John Gowing as Dragoons in Stafford Co Va

1702 James William and John Gowing as Dragoons in Stafford Co Va p2

1702 James William and John Gowing as Dragoons in Stafford Co Va p3

https://books.google.com/books?id=0RpcjJQBm6AC&pg=PA219&lpg=PA219&dq=James+Gowing,+John+Gowing,+William+Gowing,+dragoons&source=bl&ots=aUYdKZese1&sig=1y0EvkT1Z-TVNYDRCyOxHMcXFQU&hl=en&sa=X&ved=0CB4Q6AEwAGoVChMIz9iSs5GZyQIVhiomCh3KLA1E#v=onepage&q&f=false

In 1710 the “Goins” jointly receive a land grant of 1,215 acres in Stafford County ” located on Four-Mile Creek adjoining Maj. Robert Alexander” about 1710. Stafford Co, Va.
http://ourberryfamily.com/berry/pictures/1719surveygoinsstaffordcova.jpg

The Gowing family appears to sell the land to Evan Thomas and John Todd n August 3, 1719.  The 1215 acres are granted to Evan Thomas and John Todd both of Stafford Co, the land also in Stafford Co on Four Mile Cr adjacent to Mr. Robert Alexander, land formerly surveyed for “Thomas, John, William, and James Goins“. Surv. by Mr. Thomas Hooper. 3 Aug 1719. p. 69. Va. Land Trans – Stafford Co., Va.
http://ourberryfamily.com/berry/pictures/1719surveygoinsstaffordcova.jpg

(Note:  Additional information about this 1215 acre grant can be found on Thomas Gowing’s page, including copies of depositions in 1767 regarding lawsuits that arose out of the ownership of the land after Alexandria, Virginia was established.  (For additonal information see:  https://goyengoinggowengoyneandgone.com/thomas-gowing-born-about-1655-1660-married-to-unk-lived-in-northern-neck-virginia/ ).

1728-30 James Going pays tithes on Four Mile R nr. Brandymore and Pimmits R., in Stafford Co, Va, Northern Neck residents and landowners. (Source): Stafford County Virginia Titheables. 1723-1790 in two volumes, compiled by John Vogt and T. William Kethley Jr. Volume 1, page 117, 156.

1730 March 4 – C-118 – James Going and Simon Pearson of Stafford Co 652a in Stafford Co on Four Mile Run near Brandymore adj Thomas Pearson dec’d, William Gunnel, on Pimets Run. 4 March 1730. p. 106 (p. 127 is James Going adjacent to Maj John Colvill in 1739). Va. Land Trans – Stafford Co.

MicroForm

http://interactive.ancestry.com/49389/FLHG_VANorthernNeckLandGrants1-0001?backurl=http%3a%2f%2fsearch.ancestry.com%2fsearch%2fdb.aspx%3fdbid%3d49389%26path%3d&ssrc=&backlabel=ReturnBrowsing#?imageId=FLHG_VANorthernNeckLandGrants1-0118

In 1731 Benjamin Sebastian was employed as overseer and collector of rents; he lived on Alexander’s Island. In a deposition he stated that he became a tenant to Alexander on promise of a lease, which he never got from Alexander in his life, but after his death, he got a lease from Gerrard Alexander, son of Robert, who inherited part of the land, (LRLS: 315). Benjamin Sebastian listed the tenants living on Alexander’s land in 1731. They paid rents of 524 pounds of tobacco for 100 acres and twice that for a double lot of 200 acres. The tenants living below Four Mile Creek were: Judith Ballenger, James Going, Sarah Young, and Sarah Amos. Above the creek the tenants were: Edward Chubb, Richard Middleton, William Boylstone, John Straughan, Adam Straughan, Edward Earpe and Richard Wheeler. Robert Alexander received 6812 Pounds of tobacco yearly for the rent since Richard Middleton and William Boylstone had double lots.
http://wc.rootsweb.ancestry.com/cgi-bin/igm.cgi?op=GET&db=mrmarsha&id=I020445

In 1731, the tenants on Robert Alexander II’s lands paid rents of 524 pounds of tobacco for 100 acres and 1048 pounds for 200 acres. At that time, documented tenants below Four Mile Run included Judith Ballenger, Sarah Young, Sarah Amos and James Going, who “raised horses” and “spent much of [his] money at the races” (Mitchell 1988: 61). Above Four Mile Run lived Edward Chubb, Richard Middleton, William Boylstone, John Straughan, Adam Straughan, Edward Earpe and Richard Wheeler (ibid: 61-62).
https://www.alexandriava.gov/uploadedFiles/historic/info/archaeology/SiteReportSipeJamesBlandHomesDocumentaryAX211and212.pdf

(John Straughan connections:  In 1737 John Straughan took in William Gowen as an apprentice in Stafford Co, Va.  John Straughan is listed as a neighbor of James Gowing in Stafford County, Virginia in 1730-31.  Charles Griffith’s 1767 deposition also mentions that John Straughan was one of James Gowing’s neighbors back in 1726-27).

(NOTE:  James Vaughan connections:  A Vaughan sued the estate of John Going’s for payment of a note in 1725 according to Stafford Co, Va will book K’s index (the book is missing, but the index still survives.  In 1734, James Vaughan took in Cave Gowen as an apprentice.  In 1771 William Gowen in turn takes in Shadrach Vaughan as his apprentice in the Henrico Parish, Va. vestrybook. This may be the same William Gowen who John Straughan took as an apprentice in 1737.  In 1787 a John Vaughan marries Elizabeth Goyne in Henrico County, Va.).

(NOTE:  Ralph Jackson connections:  In 1736 John and Thomas Gowen were bound to Ralph Jackson in Brunswick County, Va.  In 1740, Drury and Elsoner Gowen were bound to Ralph Jackson.  In 1732, the Henrico Parish Vestrybook shows Ralph Jackson taking in other orphans, including two of Robert Blakely’s children, and being paid by the vestry in 1735 for keeping Wm. Hobby.  Ralph Jackson moves from Henrico County, Va., to Brunswick County, Va. by ).

In 1733 June 16, in the probate paperwork of Thomas Pearson, a note is received of JAMES GOING of JOHN PAGE, cash reced.  THOS. PEARSON, NOTE OF EDWARD SNOXELL, DITTO GEORGE SYMSON, cash of DARBY BRYAN, JOHN MERCER, JOHN HERLE, Aug 10th by crop reced made at the home plantation on Potomack creek, By ditto made in Pr. William, Note reded of JAMES SUDDUTH, EDWARD WILLIAMS, THOS. SMITH, rappa. THOMAS FURR, JOHN PAGE, STEPHEN FULLER, EDWD, WILLIAMS, SIMON BOWLING, OF WM. NORTHCOAT, of LEWIS ELSY cash reced for the warehouse rent 1733 paid JOHN WITHERS HARPER for a debt, paid JOHN MERCER, WM DENT, MARY SHAVONS acct. shipped to JAMES BUCHANON, Shipped in BUCKERIDGE, paid CATESBY COCKS note, paid GRIGSBY’S judgemant, CAPT. SPOORE for inspection he paid, paid Marlbro Inspectors 4 crop hhds. Paid WM. BROOKSHIRE acct. 1734 Augt 10 CAPT HEDGEMAN acct and levies, paid WM. WALKER for a coffin, paid SARAH JEWARS acct. paid MR. SCOTT for the funeral sermon, paid MR CLAIBORNE for clks note, paid SAM’L TOMMONS, JOHN GRANTpaid the inspector of 7 hhds tobacco had out of hunting creek warehouse and shipt in board the Smith CAPT. BUCKRIDGE 3/. July 5 paid JAMES CARTER for quit rents 5636 acres land 1733 Sterling paid THOMAS HARRISON SENR for a Legacy left him, paid MOSELY BATTALEY for a fee agst. TRAMMEL paid EBENEZER MOSS his acct. Smiths work, 1734—paid Wm. Brookshire, PAID wm. Hale FOR Mary Straughans living at ye quarters, paid EDWARD EMMS for levies, paid GEORGE TRAMELL, PAID JAMES BAXTER, William Herle, mr. cocke Clks note, 1735 To the hire of a boat to carry tobacco to the warehouse 2 days at 20 p day, payd MICHAEL REGAN EDWARD EMMS, ANN BALL, LEWIS ELSEY, EDWARD EMMS, JERE BRANAUGH, WILLIAM HERLE, MR. NATHL. CHAPMAN, 1734 reced of NICHOL. GRIMES, LEWIS ELSEY, WILLIAM BRUSTER, RICHD RAKSTRAW, THOMAS COATHER, MOSES GOIN, THOMAS WEST, DAVID THOMAS, JAMES HALLEY, JOHN BURK, by MICHAEL REGANS rent, by tobo reced HENRY WATSON.  THOMAS PEARSON.   At court held for Stafford County June 12th 1739 Nathaniel Chapman and Thomas Pearson Exes of Simon Pearson deced presented account..admitted to record. SOURCE: Stafford County Will Book M, Page 271-273, Will Abstract, 1729-1748 by Sparacio.  http://boards.rootsweb.com/localities.northam.usa.states.virginia.counties.stafford/1692/mb.ashx  (Note:  Moses Goin appearing in Stafford County, Virginia changes his birth year to around 1708 to 1718.  He is on the same will paperwork for Simon Pearson, who appeared to be close to James Gowing.  Moses Going appears next in Goochland, Va around 1753 –

1739 June 12:
STAFFORD COUNTY VA WILL BOOK M; 1729-1748; THE ANTIENT PRESS pp. 271-273
Dr. 1733 Capt SIMON PEARSONS Estate to NATHAL. CHAPMAN Contra To 1 drest akin for his son, paid RICHD. FLETCHER for goods, delivered JAMES WADE for his freedom dues, cash paid Coll. NICHS. SMITH, 7 gallons Rum at the funeral, paid Hawleys and Godfrey for Levies for 1732, paid Capt WASHINGTON & Co. for Sundrys, paid JAMES CARTER for Quit rents of 7246 acres of land @ 2/ Sterl p hundred 25 p ct on do to make it currency, paid James Carter for an order from GEO. BUCHANAN on accot. Capt ARBUTHNOTS estate, To WILLIAM HALES accot., paid JOHN GRANT, paid Mr. NELSON for a hat band and g]oves for THOMAS PEARSON, paid WILLIAM HERLE, paid RICHTD FLETCEHER for galls rum and Sugar for the reaping, paid THOMAS EVES for note, paid Thomas Eves for making a mourning coat. for Thos. Pearson paid JOHN SMITH, payd JAMES WAUGH for cone hire, paid PETER LEEDCHAN for Levies,
Cr. 1733 June 16 Note reced of JAMES GOING of JOHN PAGE, Cash reced THOS. PEARSON, Note of EDWARD SNOXELL, Ditto GEORGE SYMSON, Cash of DARBY BRYAN, JOHN MERCER, JOHN HERLE, Aug IOth By crop reced made at the home plantation on Potomack creek, By ditto made in Pr. William, Note reced of JAMES SUDDUTH, EDWARD WILLIAMS, THOS, SMITH, Rappa. THOMAS FURR, JOHN PAGE, STEPHEN FULLER, EDWD. WILLIAMS, SIMON BOWLING, of WM. NORTHCOAT, of LEWIS ELSEY cash reced for the warehouse rent 1733 paid JOHN WITHERS HARPER for a debt, paid JOHN MERCER, WM. DENT, MARY SHAVONS acct. shipped to JAMES BUCHANAN, Shipped in BUCKERIDGCE, paid CATESBY COCKS note, paid Grigsby`s Judgment, Capt. SPOORE for Inspection he paid, paid Marlbro Inspectors 4 crop hhds. paid WM. BROOK-SHIRES acct. 1734 Augt. 10 Capt HEDGMAN’S account azid levies. paid WM. WALKER for a coffin, paid SARAH JEWARS acct, paid Mr, SCOTT for the funeral SerMan, paid Mr. CLAIBORNE for elks note, paid SAN’L. TIMMONS, JOHN GRANT paid the inspector of 7 hhds Tobo had out of hunting creek warehouse and ships in hoard the Smith Capt. BUCKRIDGE @ 3/. July 5 paid JAMES CARTER for quit rents 5636 acres land 1733 Sterling paid THOMAS HARISSON SENR. for a Legacy left him, paid MOSELY BATTALEY for a fee agst TRAMELL paid EBENEZER MOSS his acct Smiths work, 1734 – paid WPM. BROOKSHIRE, paid WM. HALE for MARY STRAUGHANS living at ye Quarter, paid EDWARD EMMS for Levies, paid GEORGE TRAMELL, paid JAMES BAXTER, WILLIAM HERLE, Mr. COCKS clks note, 1735 To the hire of a Boat to carry Tobo to the warehouse 2 days at 20 p day, payd MICHAEL REGAN, EDWARD EMMS, ANN BALL, LEWIS ELSEY, EDWARD EMMES, JERE BRANAUGH, WILLIAM HERLE, Mr. NATHL. CHAPMAN, 1734 reced of NICHOLAS GRIMES, LEWIS ELSEY, WILLIAM BRUESTER, RICHD. RAKSTRAW, THOMAS COATHER, MOSES GOIN, THOMAS WEST, DAVID THOMAS, JAMES HALLEY, JOHN BURK, By MICHAEL REGANS rent, by Tobo reced HENRY WATSON
E E p Thos. Pearson
At Court held for Stafford County June 12th 1739 Nathaniel Chapman and Thomas Pearson ExEs of SIMON PEARSON deced presented account .. admitted to record. https://www.ancestry.com/interactive/9085/007646081_00258?pid=1231687&backurl=https://search.ancestry.com/cgi-bin/sse.dll?indiv%3D1%26dbid%3D9085%26h%3D1231687%26tid%3D%26pid%3D%26usePUB%3Dtrue%26_phsrc%3DPXv1987%26_phstart%3DsuccessSource&treeid=&personid=&hintid=&usePUB=true&_phsrc=PXv1987&_phstart=successSource&usePUBJs=true#?imageId=007646081_00404 ,
http://www.colonial-settlers-md-va.us/getperson.php?personID=I020443&tree=tree1

1739 Feb 4 James Going and Simon Pearson’s 652 acre tract is adjacent to John Colvill, Gabriel Adams, James Robertson, Robert Bates, and the late Rev Mr Brechin on Lubber’s Branch of 4 Mile Run, in Prince William County, Va.

1739 James Going living adjacent to John Colville grant in Stafford Co Va snip and marked 1

1739 James Going living adjacent to John Colville grant in Stafford Co Va snip and marked 1

1739 James Going living adjacent to John Colville grant in Stafford Co Va snip and marked 2

1739 James Going living adjacent to John Colville grant in Stafford Co Va snip and marked 2

1753 Aug 23 – James Leith against James Gowen} On petition
It is considered that the said James recover against the said James Gowen three pounds three shillings & nine pence and also his costs.
Fairfax County, Va – Order book, 1749-1754. p. 446.
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CS4V-B91K-L?i=252&cat=193222

1753 Sept 18 – James Gowen against Daniel Talbut} Trespass assault & battery
On the Defts motion he hath leave to imparte.
Fairfax County, Va – Order book, 1749-1754. p. 452.
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CS4V-B91Y-5?i=255&cat=193222

1753 Sept 18 – James Gowen against Samuel Talbut} Trespass assault & battery
The aforesaid Plt altho solemnly called came not nor further prosecuted his bill aforesaid against the said Deft. Therefore it is considered that the Plt take nothing by his bill but for his false clamour be in mercy etc, the said Deft go therof without day and recover against the said Plt the sum of five shillings and also his costs by him about his defence in this behalf sustained & the said Deft have thereof execution.
Fairfax County, Va – Order book, 1749-1754. p. 453.
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CS4V-B91Y-5?i=255&cat=193222

1753 Nov 23 – William Hicks Esqr against James Going} On Petition
The suit is continued.
Fairfax County, Va – Order book, 1749-1754. p. 484.
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CS4V-B912-8?i=271&cat=193222

(Francis Awbrey Estate and Gerrard Alexander litigation – NOTE: The next cases have several entries regarding litigation James Going had with Francis Awbrey’s estate and Gerrard Alexander.  Based on the “minutes” it is hard to tell exactly what is going on here. What appears may have happened is that James Going may have been having to pay twice on leased land, based on the history of the Howson Patent litigation.

Francis Awbrey purchased several large tracts of land in Fairfax Co, Va. We know that Awbrey had one large tract of land that was inside the Howson Patent that turned out to actually belong to the Alexander family. The Alexander family sued Awbrey and took possession of the property some years prior to the 1766-1771 Howson Patent litigation documented on the bottom of this page. 

Benjamin Sebastian collected rents for the Alexander family for over a year from tenants on that land that they leased to tenants. In his deposition, Benjamin Sebastian named James Going as one of those tenants he would collect rents from for the Alexanders.

My guess is that James Going was a tenant for Awbrey first, and that he had likely paid for and signed a lease with Francis Awbrey for a term of years (typical leases seemed to range anywhere from 7 year to 30 year leases). When the Alexander family took possession of the land, James Going then would have had to negotiate a new lease – and pay more money to the Alexander family.

My guess is that James Going did not like having to pay twice, and was filing the lawsuit against Francis Awbrey’s estate for the money he paid in rent to them that turned out to not actually be their property. He probably tried to file something with the courts to get the Awbrey estate to pay his rents to the Alexander family – and may have stopped making rent payments to the Alexander family, thinking the courts would see things his way. James Going then gets sued by Gerrard Alexander – probably related to them collecting rents from him – he may have resisted their attempts to collect at that point and kicked them off his land.  

This is speculation – but would fit with the litigation history of Francis Awbrey, Gerrard Alexander and family, and James Going).

1754 Jan 16 – James Gowing against Thomas Awbrey Exr of Francis Awbrey dec’d} Injunction in Chancery
The Deft failing to appear it is ordered that an attachment is issued agst him returnable to the next court.
Fairfax County, Va – Order book, 1749-1754. p. 500.
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CS4V-B91F-P?i=280&cat=193222

1754 Jan 17 – William Hicks Esqr against James Going} On Petition
It is considered that the said William recover against the said James four hundred & thirty four pounds of tobacco & also his costs.
Fairfax County, Va – Order book, 1749-1754. p. 518
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CS4V-B9B5-F?i=289&cat=193222

1755 Feb 22 – James Gowen against Daniel Talbut} Trespass assault & Battery
On the Defts motion he hath further leave to imparte &c.
Fairfax County, Va – Order book, 1749-1754. p 271
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CS4V-B9BD-9?i=440&cat=193222

1755 Feb 22 – James Gowing against Thomas Awbrey Exr of Francis Awbrey decd} In Chancery
The Deft being solemnly called and failing to appear it is ordered that an attachment with proclamation be issued against him returnable to the next court.
Fairfax County, Virginia – Order book, 1754-1756. p. 285.
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CS4V-B9BF-S?i=452&cat=193222

1755 July 16 – James Going against Thomas Awbrey Exr of Francis Awbrey dec’d} In Chancery
On the Defts motion he hath time til the next court to answer the said bill… N.B. the Defts attorney confesses the service of a subpenea.
Fairfax County, Virginia – Order book, 1754-1756. p. 330.
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CS4V-B9YB-J?i=475&cat=193222

1755 July 17 – Peter Wagener against James Going} On Petition
It is considered that the said Peter recover against the said James two hundred and twenty three pounds of net Tobacco & also his costs &c.
Fairfax County, Virginia – Order book, 1754-1756. p 337.
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CS4V-B9YK-7?i=479&cat=193222

1755 Dec 16 – Gerrard Alexander Gent against James Going} Trespass on the Case
The Deft failing to appear it is ordered that an alias capias be issued against him returnable to the next court.
Fairfax County, Virginia – Order book, 1754-1756. p. 441.
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CS4V-B9YT-9?i=532&cat=193222

1756 Feb 18 – James Gowen against Daniel Talbot} Trespass assault and Battery.
This day came as well the said James by his attorney aforesaid as the said Daniel by George Johnston his attorney and the said Daniel defendeth the force & injury when &c and saith that he is in now wise guilty of the premises said to his charge as the said James hath complained against him and of this he puts himself upon the country and the said James does likewise the same therefore the sheriff is commanded that he cause to come here at the next Court twelve free & lawfull men by whom &c who &c to recognize &c because as well &c
Fairfax County, Virginia – Order book, 1754-1756. p. 466.
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CS4V-B9YP-C?i=545&cat=193222

1756 Feb 18 – James Going against Thomas Awbrey exr of Francis Awbrey decd} In Chancery
The Defendant failing to answer the complaints bill it is ordered that an attachment be issued against him returnable next court.
Fairfax County, Virginia – Order book, 1754-1756. p. 468.
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CS4V-B9BS-L?i=546&cat=193222

1756 March 17 – Gerrard Alexander, Gent against James Going} Trespass upon the case
The sheriff not having executed the writ it is ordered that a pluries capias be issued against him returnable to the nex court.
Fairfax County, Virginia – Order book, 1754-1756. p. 490.
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CS4V-B9YX-F?i=557&cat=193222

1756 May 21 – Gerrard Alexander, Gent against James Going} Trespass on the Case
The sheriff having returned that the Deft is not to be found it is ordered that a pluries capias be issued against him returnable to the next court.
Fairfax County, Virginia – Order book, 1754-1756 p. 540.
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CS4V-B9YH-Q?i=582&cat=193222

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 Simon 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 GoingPearson 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

1769 Apr 18 – James Gowing v. Thomas Awbrey Exr of Francis Awbrey dec’d} In Chancery Est
On hearing the Bill and Answer the injunction is dissolved and it is decreed and ordered that the Deft be at liberty to take his execution on his judgment at law against the complainant and that the complainant do pay to the Defendant his costs by him in this suit expended.
Order book, 1768-1770 – Fairfax Co, Va. p. 126.
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSY6-P96L-P?i=73&cat=193222

HOWSON PATTENT LITIGATION:

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 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 almost double 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, at times 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).

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 a few 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).

Depositions taken in the 1771 case:  

1766 October (3d Monday Court in Fairfax Co, Va – beginning of case) – John Carlyle, Gent v. Charles Alexander. p. 233-239
Case Summary: … Aminidal Seekright by William Ellzey his attorney came and brought into the said Court there a certain bill against Timothy Dreadnaught in custody of a plea of tressass and ejectment of Farm and there are pledges of prosecuting to with John Doe & Richard Roe which bill follows in these words
… vizt Fairfax County towit – Aminidal Seekright complains of Timothy Dreadnaught in custody and a plea for that towit that whereas John Carlyle gentleman on the 21st day of May in the year of our Lord 1766 at the County aforesaid had demised granted and to Farm let to the aforesaid Aminidal one messuage or tenement with the appurtenances situate lying and being on Four Mile Run in the Parish of Fairfax in the County aforesaid containing 800 acres to have and to hold the messuage aforesaid with the appurtenances to the aforesaid Aminidal and his assigns from the aforesaid 21st day of May to the full end and term of 7 years from thence next ensuing and fully to be compleat and ended by virtue of which said demise he the said Aminidal afterwards towit on the 23d day of the aforesaid May entered into the tenement aforesaid with the appurtenances and was thereof possessed till the said Timothy afterwards towit on the day and year last mentioned at the County aforesaid with force and arms entered into the tenement aforesaid with the appurtenances in and upon the possession of the said Aminidal and the said Aminidal from his farm aforesaid. His said term therein being not yet ended yielded and amoved and the said Aminidal so yielded and amoved from his possession thereof held out and yet doth hold out and other enormities to the said Aminidal did then and there a contrary to the peace of our Lord the King his Crown and dignity and to the damage of the said Aminidal two hundred pounds Virginia currency and thereupon he brings this suit, etc.
… Sir I am informed that you are in possession or claim title to the premises this Declaration of Ejectment mentioned or to some part thereof and I being sued in this action as a casual ejector and having no claim or title to the said premises do advise you to appear at the next court to be held for the county of Fairfax on the 3rd Monday in October at the courthouse of the same county and then and there by a rule of that Court you cause yourself to be made Defendant in my stead otherwise I shall suffer judgment to be entered against mee and you will be turned out of possession. I am with great esteem your friend. Timothy Dreadnaught. To Mr. John Alexander tenant in possession.
… and at the same day came Robert Adam Sheriff of the said County and made return that he served this declaration in ejectment on John Alexander tenant in possession of the within mentioned land and thereupon Charles Alexander by Francis Dade his attorney came thereinto Court and prayed to be admitted Defendant in the room of the said Timothy Dreadnaught whereupon it is ordered by the Court with the consent of the attorneys for both parties that the said Charles Alexander be admitted Defendant instead of the now Defendant Timothy Dreadnaught who will immediately apear and receive a declaration and plea thereto the general issue and at the trial thereupon to be had the said Charles Alexander will appear in proper person or by his attorney and confess lease entry and actual expulsion and will insist only upon the title at the trial or that in default thereof judgment shall be entered against the Defendant Timothy Dreadnaught the casual ejector but further prosecution is to be staid against him untill the said Charles Alexander shall make default in any of the premises and by the like consent it is further ordered by the Court that the said Charles Alexander shall take no advantage against the Plaintiff for his not prosecuting upon the trial if occasioned by such default but that the said Charles Alexander will pay the Plaintiff his costs thereupon to be taxed and it is further ordered that the lessor of the Plaintiff be chargeable with the payment of costs to the defendant to be taxed or adjudged by the Court and the said Charles Alexander by Francis Dade his attorney comes and defends the force and injury when etc, and says that he is not thereof guilty and of this he puts himself upon the County and the said Plaintiff in like manner etc,
…therefore the Sheriff is commanded that he cause 12 free and lawful men etc, by whom the truth of the matter may be the better known to come hereon the 3d Monday in Sept next and who are not related either to the said Plaintiff or the said Defendant to recognize etc, make a jury of the Country between the said parties of the plea aforesaid because as well the said Plaintiff as the said Defendant have submitted themselves to the jury the same day is given to the said parties there etc,
… and now here at this day towit the 22d day of the said month in the year aforesaid Francis Dade moved to relinquish his appearance and issue entered yesterday for the Deft and to suffer the plaintiff to take the same Rule as if no appearance had been entered which the Court refused the same being opposed by the Plaintiff.
… and now here at this day towit the 15th day of December in the seventh year of the Reign of his present Majesty came the said Plaintiff by his attorney aforesaid and Phillip Alexander attorney for the said Charles Alexander offered an affidavit of the said Charles Alexander as he the said Philip offered to prove that he the said Charles knew there was an ejectment brought by the Sheriff against him and that he never employed Francis Dade as attorney to enter him Defendant which the court refused to hear being of opinion it was but of time and the proceedings thereof are continued between the said parties of the plea aforesaid and the Jury is respited between them before the said justices of the said County Court at the said County Court House until the 3d Monday in January next the same day is given to the parties aforesaid there etc,
… and now here at this day towit the 19th day of January in the year last mentioned came as well the said Plaintiff by his said attorney as the said Defendant by Phillip Alexander his attorney and because it is suggested to the Court that the bounds of the said land in the said declaration mentioned are in question by consent of the parties it is ordered that the surveyor of this County do go upon the land in controversy on the 23d day of February next if fair if not the next fair day and survey and lay out the lands in dispute having regard to all patents and evidences that shall be produced by either of the parties and report all matters of fact and evidences speciall to the next court and that he return to the Clerks office two platts of the said land before the day of hearing the same day is given to the parties aforesaid there etc.
… and now here at this day towit the 16th day of March in the year last mentioned came the parties aforesaid by their attorneys aforesaid and on the Defendants motion it is ordered that a dedimus be issued to take the Deposition of Guy Broadwater and the proceeds thereof are contained between the said parties of the plea aforesaid and the jury is respited etc. until the 3d Monday in April were
… and now here at this day towit the 24th day of March in the Eighth year of the Reign of his present Majesty came to the parties aforesaid by their attorneys aforesaid and the surveyor towit George West did return to the justices aforesaid a survey of the premises in dispute and his report thereupon and the proceedings thereof are further continued between the said parties of the plea aforesaid and the jury is further respited between them before the said justices of the said County Court at the said County Courthouse untill the 3d Monday in April next the same day is given to the parties there etc.
… and now her at this day towit the 20th day of June in the year last mentioned came the parties aforesaid by their attorneys and thereupon came also a jury towit Edward Payne, James Lain, William Linton, Samuel Tillit, Edward Dulin, Charles Brent, Robert Lindsay, William Halley Junr, Daniel Talbott, Abednego Adams, Gilbert Simpson Senr, William Brummet, who being elected tried and sworn to speak the truth upon the issue joind in this suit withdrew and by consent of the parties they are to adjourn to the house of Richard Arrell and be entertained at the expence of both parties and the Sheriff is ordered to attend the untill they agree on a verdict.
… afterwards towit the 24th day of the month and year aforesaid came the parties aforesaid by their attornies whereupon for certain reasons exciting as well the said justices as the said parties the said E.P. one of the above mentioned Jury is withdrawn from the panel and the rest of the jury are altogether discharged fro giving any verdict of and concerning the premises on condition of removing the cause to the general court by certiorari by consent of the parties notwithstanding the suit is at issue to receive a trial therewith the cause now depending between the said parties.
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSK4-D997-X?i=102&cat=193246

1767 May 8th – Deposition of Owen Morris aged about 65 years. p. 264-268 (Deposition also located in Virginia Chancery Index)
… Deposeth that he heard John Ball, William Harding, Moses Ball and James Robertson say that the hicory where the surveyor began to survey was the beginning of Thomas and Todd’s pattent and in particular that he heard the said John Ball say so about 13 or 14 years ago that from the said corner hiccory the surveyor run alon line of marked trees and found a marked corner – chesnut oak and that in runing the second course he run through the plantation of William Butsfield and ended on the outside of his fence where the trees were cut down and stuck down a stake.
… and this deponent further says that James Robertson about 3 years ago recovered the said Butsfields plantation from Robert Alexander part of which said plantation is included in the survey now made by the Plt for Thomas and Todds pattent.
… the deponent remembers that one Charles Story lived on the said plantation and if he was a tenant to any person this deponent thinks he must be a tenant to Gerrard Alexander and that from the north line to the said plantation is near a mile.
… that when Robertson recovered from Robert Alexander the said Alexander made no survey.
… the deponent also says that the marked corner white oak standing on the East side the lower long branch was shewn this deponent by James Robertson as his beginning tree but this deponent does not remember ever to have heard whether it was, or was not a corner of Thomas and Todd but finding no corner where the stake was stuck down the surveyor went the last metioned white oak and reversed two courses of Thomas and Todds pattent and came to the said stake.
… this deponent also attended when the defendant surveyed the North 17 degree west line from the hicory bush mentoned in Moses Balls depositions and found a thick line of marked trees as far as Four Mile Run which appeared to be antecedently marked and does not remember to have seen any tree in this line so small his thigh that was marked.
… This deponent being asked which was the most ancient marks the north or north 17 degree west line says he thinks no man can tell they both appear very ancient but this deponent see one tree upon the north line which appeared to marked long since the line in general.
… he allows there are more ancient marked trees up the north 17 degree west line but that there are some trees upon the north line appear as old as any upon the north 17 degree west line.
… that in running the north line the surveyor stop’t at the Long Branch and a marked corner hicory was discovered some distance to the left hand which the surveyor measured to and continuing the course a little further a white oak was found a little to the left hand marked as a corner which James Robertson agreed he marked as a direction to him how to take up land and from that whit oak quite to the end of the course no line trees were found except a line of marked trees which this course crossed and which were allowed to marked for James Simmond’s lease but at the end of the course the surveyro came very near to a marked white oak three chops on one side of this tree appeared fair and in the usual but if the other chops ever were marked on a survey they were not done in the usual manner.
… but this deponent thinks were done with a gouge and with a design to deface the said tree but this deponent did not look quite round the tree and does not know whether it be a corner tree or not as this deponent see no marked trees leading from it untill the surveyor came to a large marked beech standing on a little Run near the river.
… the Deponent says that a water or willow oak which the surveyor measured to on this survey was shewn by Hugh West Senior now dec’d about 13 or 14 years ago as the beginning corner of Stephen Gray and that there was formerly a tree at the mouth of Rockey Run was deemed to be the beginning of Strutfield’s upper pattent
… and James Green lived near a mile to the westward of the north 6 degree west line run on this survey at the request of the Plaintiff.
… the Defendant also says that the line found on the north 6 degree west course is much younger than either of the other two back lines.
… and this deponent heard the present JA(?) after John Alexander dec’d father to the present defendant to allow the said Alexander to go as farr as the north 6 degree west line, but the said Alexander refused it.
… this offer was made upon a survey made between Ramsay and the said Alexander
… and that near 40 years ago the stood a house where this deponent and Charles Griffith shewed the surveyro upon this survey upone the side of a hill but no person lived in it.
… and near that place there stands a house in which Robert King lived.
… and in the land now cleared by the Plaintiff above his mill there stood a hiccory marked which was cutdown by this deponent or Thomas Talbut near upon the North 17 degree west line.
… and not very far from the tree reputed to be Stephen Gray’s beginning being asked by the Plaintiff whether the river has not gained considerablyupon the land he answers that so far as he attended the surveying the meanders of River which was as low as the mouth of Four Mile Creek the River has in some places gained and in some places lost but whether it has gained or lost most he cannot tell and further saith not.
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSK4-D99Q-W?cat=193246

1767 May 8 – Deposition of Charles Griffith aged 70 years p. 281-287(Deposition also located in Virginia Chancery Index)
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) off his land – and that he would (when he had a little time) survey his land and shew them how his land run …
… 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

1767 May 8 – Deposition of Gerrant Tramill aged 65 years p. 256-258 (pages 259-260 missing in Fairfas book – but found in Virginia Chancery index but name is Jerrard Trammell)(date in chancery record shows this deposition to be May 8, 1767).
… deposeth that about 40 years ago Doctor Dunghill settled upon the lands taken up by Evan Thomas and John Todd.
… this deponent understood that Dunghill lived there by purchase or consent from Todd altho this deponent hath not understood that the said Dunghill made no payment nor procured or ad any deed as he did not live on the lands more than a year or two if so long.
… and this deponent never hear of his making any sale or disposition of it.
… and some years after Dunghill’s settling on part of this land Even Thomas came and settled on the land near and below where the plaintiff’s Mill is now erected.
… and soon after Thomas began to settle on the said land he died but whether he moved his family up first this deponent cannot certainly remember but knows his widow and family lived there after his death.
… and that there was no settlement or improvements made on the above land before the above settlement made for Dunghill.
… and by Thomas this deponent understood that Thomas devised part of this land to two of his daughters who intermaried the one with Robert King and the other with Thomas Whitford.
… and Whitford and King continued to live on the said land in right of their wives untill they removed out of these parts altogether which this deponent thinks was about or upwards of 20 years ago.
… this deponent saith that Todd out lived Thomas several years for that the said Todd was living and came to acknowledge or convey lands in Stafford County about 13 or 14 years ago as this deponent was informed by a letter from Col. Mason.
… the Deponent saith he believes there never was any division made between Thomas and Todd for that when Todd removed away Thomas seemed to expect to enjoy the whole land.
… the deponent says that old Simon Pearson had a lease of part of Alexanders land and one Samuel Vaughdry was Pearsons Overseer.
… and the deponent saith that the said Vaughdry got a timber tree which is mentioned in the deposition of Henry Cullum taken between Ramsay and Alexander and Pearson was angry and said it was without the line of Alexander and upon the lands of Awbrey.
… being asked how far Dunghill lived above the line run by Jinnings for John and Gerrard Alexander saith he cannot tell but supposeth it to be half a mile or more.
… and after making that survey & running that line by Jinnings, Edward Mastersons mill was recovered by John and Gerrard Alexander as this deponent understood inconsequence of the said line run by Jinnings.
… the Deponent saith that the settlement made by Dunghill and Thomas was several years before Robert Alexander grandfather to the defendant dyed.
… the deponent saith that he claimed the chain when Jinnings run Alexander’s line and saw no line trees untill they got up to Buckings below Brickings Branch but when the surveyor turned and run towards Potomack River they saw a marked tree or trees which they took little notice of saying they were _________,
… he saith the long course stopped below Brickings Branch and then run below the said Buckings Branch down to the river below the mouth of the Wankapin Branch.
… this deponent saith that some time before old Robert Alexander’s death there stood a house above where John George Boucher lives and on the same plantation and James Ball was put into the said house by Alexander as this deponent understood.
… and Awbrey procured a warrant and had a jury and Awbrey was put in possession and the said Ball turned out.
… and Awbrey continued in possession from that time.
… and the land was thought to be awbreys until Jennings survey and then Jennings took and included the land within Alexanders claim.
… and after the suit was tried in consequence of that survey the said Alexander got possession as the deponent believes.
… This deponent saith that he doth not remember that Robert Alexander attended at the time when Ball was turned out of possession and is almost certain that the said Alexander did not attend.
… the said deponent saith that he thinks that the suit brought and which occasioned Jennings survey was for Alexander to recover land which Awbrey held by purchase from Todd and this deponent further saith not.
Gerrard Trammell.
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSK4-D99Q-N?i=114&cat=193246

1768 Apr 9 – Deposition of Gerrard Trammell p. 301 (repeat of above)
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSK4-D993-N?i=135&cat=193246

1767 June 1 – The Deposition of Thomas Coulter aged 65 years or thereabouts p. 274-276. (Deposition also in Virginia Chancery Index) …  taken in the ejectment in Fairfax County Court between Charles Alexander Defendant and John Carlyle Plaintiff says he was born on the land of Robert Alexander grandfather of the Defendant and left the said land about 40 years ago but has always lived in the aforesaid County and within (according to his belief) 10 or 12 miles of this disputed land and has always understood that the beginning of said Robert Alexander’s land was near the Wankapin Branch
… and further the Deponent says he always understood from the old people ever since memory that from the beginning of Alexanders land aforesaid to where head corner of the said Alexander stood was two miles and better into the woods.
… he further says he knows where Chubb lived and that from where the said Chubb lived he has always understood from the old people particularly from the said Chubb it was near a mile or half a mile up Four Mile Run to Alexander’s back line.
… he further says he well knew one Stephen Gray and the said deponent says that Stephen Gray told him that he had taken up a tract of land on the back of Alexanders line.
… he further saith that he well knew one Rigbey who intermarried with Evan Thomas’s widow as this deponent understood.
… he further saith that to the best of his rememberance about 35 years ago more or less he was at the house of the said Rigbey and upon asking whose land it was he lived on he say that either the man or the woman answered it was Majr. Robert Alexander’s land who was grandfather to the present Defendant.
… he saith that he alwasy understood that Lilliard and Chubb were tenants to Alexander.
… and further saith that they lived on the lower side of the mouth of Long Branch.
… he further saith that Rigbey lived on the upper side of Four Mile Run.
… he further saith that old Chubb told him that from where he lived it was near a mile or half a mile up Four Mile Run to Alexanders back line.
… he further saith that old Chubb told him relitive to how far Alexander’s land run up Four Mile Run and that one old Thomas Clapham and old Ballenger who are now dead told him relative to the beginning of Alexander’s land these people he recollects to have mentioned the affairs but does not call to mind any other.
… He this deponent being interogated by the Plaintif saith he does not remember to have heard Chubb say that Alexanders back line run by the said Chubs house nor is he certain whether Chubb said it was a mile or half a mile to the back line from his house.
… he says he has heard that Evan Thomas took up land or bought land some where but thought it had been below Four Mile Run.
… he does not know what became of the said land.
… he never heard of Alexanders recovering any part of it being asked whether he knew that part of Thomas’s land was sold to Mr. Nathaniel Chapman says he knows nothing about it.
… he says he knew Thomas Whitford but does not know where he lived.
… he further says he heard there was a dispute between John Alexander and Awbrey since the death of old Majr. Robert Alexander, but does not know what it was about.
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSK4-D993-T?i=122&cat=193246 

1767 June 2 – Deposition of Thomas Graford aged about 64 years p. 240-241 (Deposition also in Virginia Chancery Index, but there his name is Thomas Crawford) being sworn a witness … deposeth and saith.
… that about three or four and thirty years ago William Thomas who was said to be son of Evan Thomas then decd and one William _____ were making improvements upon Four Mile Run on a plantation and soon after one Rigby who had maryed Thomas’s widow and all the family came up there and lived and continued to live there untill Rigby run away.
… and after his running away Mrs Rigby continued to live on the same plantation and this deponent understood in conversation with William Thomas that his father Evan Thomas had devised the said land part to him and part to his other children.
… and the said children viz two daughters intermarried one with Robert King and the other with Thomas Whitford who lived upon the same tract of land part of which they respectively claimed in right of their wives as he heard from them.
… and Mrs Rigby King and Whitford continued to live upon this land several years.
… and this deponent as understood by them they looked upon the land as their own property and were not accountable to any person for rent.
… Being examined by the Defendant he says that the title house which he understood was built by Evan Thomas for his family to live in stood near the house the widow Rigby lived in.
… he says where Mastersons Mill stood is within about 100 yards of the two poplars on Four Mile Run.
… He says from where the Doctor’s tract emptys itself into Four Mile Run is near a mile up the said Run from the said poplars and further saith not.
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSK4-D99Q-X?cat=193246

1767 June 20 – Deposition of Michael Reagan p. 242 (deposition is also in the Virginia Chancery Index papers)
…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

1767 June 29 – Deposition of William Gossom aged 69 years p. 239. (deposition also in Virginia Chancery Index)
… deposeth and saith that between 30 or 40 years ago Evan Thomas moved up and settled upon his land on Four Mile Run and built a small house for the reception of his family and dyed.
… and then this deponent went up and built a Tobacco house in which the said Thomas’s widow, who was this deponent’s sister, afterwards lived and married one Rigby.
… and this deponent’s sister continued to live on that plantation for several years.
… and that there was no settlement or improvements made on Thomas’s land before his settling there as above to the best of this deponents knowledge.
… and remembrance and during Mrs Rigby’s residence on the said plantation this deponent never heard of her meating with any interuption or having any dispute about her title.
… this deponent says one Doctor Dunghill claimed land out Thomas and Todd’s pattent about a mile above where Thomas had settled. That is to say about a mile higher up Four Mile Run. This land was claimed by the said Doctor by virtue of some contract with Todd as the deponent understood and further saith not.
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSK4-D997-X?i=102&cat=193246

1767 June 29 – Deposition of John Summers aged upwards of 70 years p. 250-253 (Deposition is also in the Virginia Chancer Index)
… deposeth and saith that upwards of 30 years ago Evan Thomas came up and seated on Four Mile Run and on his own land as this deponent understood and soon died.
… and his widow and family came and lived on the same plantation for several years and held the land without any interruption.
… and about 2 or 3 and 20 years ago before which time Thomas Whitford and Robert King had intermarried with two of Thomas’s daughters and claimed part of the land.
… and when they were about to remove they sold the land they claimed to Mr. Hugh West for the use of Mr Nathaniel Chapman.
… this deponent says that he lived near where the Town of Alexandria is now situated many years ago. That is to say he settled there about 52 years ago and has never lived above seven or eight miles from the place ever since.
… and soon after he came up here to live he understood that Alexander’s back line crossed Four Mile Run very near Cubbs Mill and never heard that Alexanders claimed any further up Four Mile Run than Cubbs Mill untill the said Alexanders suit with Awbrey and others.
… he further says that the time he mentions above was sometimes called Alexanders back line and sometimes his North line.
… this deponent says Chubbs Mill was built by one Lilliard who died and Chubb married his widow and then the mill was called Chubbs mill.
… and both Lilliard and Chibbs were tenants to Alexander and lived on the East side the lower long branch.
… this deponent says that youn Lilliard near and on the upper west side of the long branch but lear’d no land except 100m for the house.
… and the said Lilliard lived there but a very short time.
… and this deponent never knew whether he paid rent to any person or no.
… this deponent believes he shewed the place or near it where the said house of young Lilliard stood to the surveyor on the survey between Alexander and Awbry.
… this deponent says that Doctor Dunghill was the first and Evan Thomas the second that settled on Four Mile Run above Four Mile Run above Chubbs mill and plantation.
… this deponent says that before the survey between Alexander and Awbrey which he attended he never knew that any person to the westward of the north line which run near Chubbs Mill ever was or acknowledged themselves tenants to Alexander.
… This deponent says that in making the survey of Simon Pearson’s land near where the Falls Church now stands he was with the surveyor and they began at a particular place and went round.
… and when the patent issued it called for a different beginning than that where the surveyor began.
… and this deponent says he understands that Alexander’s land runs as high up Potomack River as the Wankapin Branch.
… heard the Plaintiff say he would admit the said branch to be Alexanders beginning this deponent says on Jinnings survey the north line then appeared to be an old marked line.
… and this deponent follows the surveyor on this present survey along the said north line but saw no marked trees after the surveyor came to the white oak and hiccory till the end of the course and then ther was an old whit oak anciently marked on the south easterly side.
… the marks appeared regular like a land mark but the marks on the other side or sides of the said tree do not appear to be regularly marked as if done for a landmark nor can he tell whether the said tree was marked as a corner or not.
… The deponent says that he has heard the old neighbours say that Alexanders back line or north course run near Chubbs Mill and up the lower long branch.
… Being asked if he heard that old Marj Robert Alexander ever made a survey of his land answers that he never heard it to his knowledge for he removed from the River to the place where he now lives near 40 years ago which is seven or eight miles from the said back or north line tho its possible such survey might be made.
… and he not know it as he claimed no near it nor had any connection with any person concerned with it.
… he says he knows nothing of what happened relative to the disputed lands from 40 years ago till the dispute with Awbrey or that there was then any dispute about it.
… he does not remember whether the chops on the north line were closed up with the bark when Jinnings made his survey the deponent not expecting now to be asked such a question nor half the other questions that have this day been asked him.
… he further says that he saw no marked lines trees leading to or from the white oak at or near the head of the north line as he remembers.
… he also says that Chubbs Mill did not stand at the place the surveyor measured to but withon about 20 yards of it as well as he remembers and further saith not.
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSK4-D99Q-J?i=111&cat=193246

1768 Apr 9 – Deposition of John Summers aged 70 and upwards p. 303 (repeat of above)
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSK4-D993-6?i=136&cat=193246

1767 June 29 – Deposition of William Gladin aged near 77 years p. 263 (Deposition also in Virginia Chancery Index)
… deposeth and saith that when Howson’s patent was about to be divided that John and Gerrard Alexander in company with one Capt Berry about 25 years ago began at a hicory on Hunting Creek and run a line and marked as they run by which line then made the said land was divided between all the claimants.
… and this deponent then understood it was the back line of the pattent but it was not marked before tha time and further saith not.
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSK4-D993-R?i=116&cat=193246

1767 July 26 – Deposition of Guy Broadwater aged 90 years (Deposition in Virginia Chancery Index – missing in Fairfax Book – likely was on one of the missing pages of that book)
… saith that about 40 odd years ago as well as this deponent remembers Majr Robert Alexander came up with on Joe Berry in order to survey as he was informed by old John Straughan.
… and this deponent further saith that several years afterwards one old James Robertson desired him to survey a piece of land agreeable to a warrant and carried him this deponent into the woods to an old marked line tree which Robertson told him was on the North line as mentioned in Alexanders patent.
… and he this deponent saith he run the course agreeable to the warrant and saw no marked trees, he remembers he desired the said Robertson to mark the aforesaid tree as a corner, but does not remember whether he did or not.
… he likewise remembers that Robertson told him that notwithstanding Alexanders patent called for a north course still the said Alexander claimed north 14 west.
… He this deponent further saith that he has always heard that Alexanders beginning was at Wankapin Branch.
… He this deponent further saith that he has heard it sid in the neighbourhood that one Thomas Brummit son in law to old James Robertson burnt down a corner tree of Breckins land.
… He this deponent further saith that he understood the said land that Robertson desired him to survey was afterwards sold by the said Robertson to one Dowman and afterwards was got by the said Robertson from Dowman again.
http://www.lva.virginia.gov/chancery/case_detail.asp?CFN=013-1811-021

1767 June 29 – Deposition of Moses Ball aged about 50 years p. 276-281 (Deposition also located in Virginia Chancery Index)
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSK4-D993-J?i=123&cat=193246

1767 June 30 – Deposition of Osborn Talbot aged 43 years p. 270-273 (Deposition also located in Virginia Chancery Index)
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSK4-D993-G?i=120&cat=193246

1767 July 1 – Deposition of Sampson Darrell High Sheriff of Fairfax County aged 55 p. 292-294 (Deposition is also in the Virginia Chancery Index)
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSK4-D993-P?i=131&cat=193246

1767 July 1 – Deposition of William Green aged 33 years p. 243-250 (Deposition also in Virginia Chancery Index, but name is William Greenwood)
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSK4-D99Q-6?i=107&cat=193246

1767 July 1 – Deposition of Robert Boggess Sr aged 61 years p. 254-256 (Deposition is also in the Virginia Chancery Index)
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSK4-D99Q-P?i=113&cat=193246

1767 July 1 – Deposition of John Frizzell aged 41 years p. 288 (Deposition is also in the Virginia Chancery Index)
… was chain carrier on a survey made by John Mauzey for John Alexander father to the present Defendant and that the said Mauzey began to survey a course which run about a quarter of a mile above where the Masterson’s Mill stoood and continued the same course very near to the place where the stake is now stuck up in Jinnings Corn Field … they found an old tree lying on the ground rotten which tree the said Mauzzey and company supposed to be the corner tree of the aforesaid course as the number of poles there ended … (down to the Wankapin Branch) … at the same time that he was at law with Awbrey and that he made the survey in order to see how his land laid and that the said Alexander said if he lost the dispute in the Country he would appeal to England the said deponent says that the survey was made 18 years ago this Fall coming … the tree was entirely rotten … the company conceited of the said surveyor John Alexander, Joe Bowling and one Savin whom he understood was an overseer to the said John Alexander he says he does not believe that there were any other people there tho there might possibly be and he does not remember to have seen any line trees on that survey …
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSK4-D993-C?i=129&cat=193246

1767 – Townshend Dade called to give evidence, objected p. 261
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSK4-D99Q-H?i=115&cat=193246

1767 Sept 25 – Deposition of Francis Awbrey aged 54 p. 261-263 (Deposition also located in Virginia Chancery Index)
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSK4-D99Q-H?i=115&cat=193246

1767 Sept 25 – Deposition of Francis Ballenger aged 50 years p. 268-269 (Deposition also located in Virginia Chancery Index)
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSK4-D99Q-7?i=119&cat=193246

1767 Sept 25 – Deposition of Ferdenand ONeal aged 50 years p 289-291 (Deposition is also in the Virginia Chancery Index)
… saith that he lived upon the now disputed land above Four Mile Run three years with one Whitford about 25 years ago … the said Whitford and one King who claimed part of the land in the dispute many times say that they were afraid the Alexanders would come in upon them they likewise told him that one old James Robertson had distroyed the corner tree of the said Alexanders land above Brickings Branch … the told him it was in order to secure a tract of land which he the said Robertson sold to one Downman … they told him that Alexanders would take away Chapmans quarter when ever he surveyed … that the said Whitford and King told him that when the heard the Alexanders were about to bring suits against the Awbreys and others that they were afraid that the Alexanders would find out that old James Robertson had distroyed their corner tree above Brichings Branch and that if they the said Alexanders did find it out they would take away part of their land … the said Whitford and king told him … they sold their land to old Hugh West (who is dead as he this deponent is informed) that the reason that induced them to sell to the said West was that they were afraid the Alexanders would find out the distruction of the above mentioned corner tree above Brichings Branch … they Whitford and King should loose part of their land … some short time after … West purchased from the said Whitford and King for Nathaniel Chapman … he carried the chain when Jinnings made the survey between the Alexanders and Awbreys and begun at a Hicory Stump shown by one Thomas West and Run a line which crossd the mouth of the Long Branch that goes into Four Mile Run … the company agreed that the markd trees on the said line belonged to old Francis Awbrey’s line … about 21 years ago … West bought the land of Whitford and King also the Long Branch mentioned … emptied itself in Four Mile Run some small distance above where one Chub and a Mill as the company said … witness travelled from Loudoun County 40 miles.
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSK4-D993-C?i=129&cat=193246

1768 Apr 9 – Deposition of Jeremiah Hamton aged 50 or upwards p. 294-299 (Deposition is also in the Virginia Chancery Index)
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSK4-D993-K?i=132&cat=193246

1768 Apr 9 – Deposition of David Thomas aged 70 odd p. 299-301 * (Deposition also located in Virginia Chancery Index)
… the Deponent says that one Johnn Wilcoxon came over from Maryland about 45-46 years ago with an intention of taking up land and he reembers that one old Benjamin Talbert used to be often at Capt. Simon Pearsons about the time that Wilcoxon came over to take up Land the Deponent says that he heard the said Pearson tell one Thomas Going that he had been taken 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 Plantation were different plantations and were some distance apart
… the Deponent being asked by the Plaintiff 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 Plaintiff whether Lilliard paid rent to Robert Alexander says he does not know for that Lilliard ran away a year or two after he had settled on the afsd Plantation
… He further says that Thomas’s family were not interrupted as he know 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 …
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSK4-D993-S?i=134&cat=193246

1768 Apr 9 – 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 GoingPearson 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 – Deposition of William Boylstone aged 66 p. 310-314
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSK4-D993-F?i=140&cat=193246

1768 June 11 – 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

1768 – Deposition of (witness objected to) p. 328
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSK4-D99X-S?i=149&cat=193246

1809 May 8th – Deposition of Rev. Lee Massey aged 76. (Virginia Chancery Index – deposition in Parthenia Dade v Alexander case)
http://www.lva.virginia.gov/chancery/case_detail.asp?CFN=013-1811-021

1809 case – exact date uncertain – Deposition of Col. Francis Payton aged 44 years or thereabouts.
(about 2 and 1/2 pages then cut off)(Virginia Chancery Index – deposition in Parthenia Dade v Alexander case)
http://www.lva.virginia.gov/chancery/case_detail.asp?CFN=013-1811-021

1809 July 24 – Deposition of Col John Alexander aged upwards of 20 years
http://www.lva.virginia.gov/chancery/case_detail.asp?CFN=013-1811-021

1810 May 28 – Deposition of Ignatious McFarling (Virginia Chancery Index – deposition in Parthenia Dade v Alexander case)
http://www.lva.virginia.gov/chancery/case_detail.asp?CFN=013-1811-021

1810 – Deposition/Interrogatories of George Gilpin (Virginia Chancery Index – deposition in Parthenia Dade v Alexander case)
http://www.lva.virginia.gov/chancery/case_detail.asp?CFN=013-1811-021

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.

)))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))))

Henrico Co, Va – James Going Jr: (NOTE: This appears to be another James Going – not sure if related to Going family of Stafford/Fairfax Co, Va or not): 

On April 14, 1736, James Going Jr purchased land from Abraham Childers in Henrico County, Va.   The transaction was for L 10 , 100 acres in H. Co. Adj. land of Robt. Mosby, John Childers, etc., Signed Abraham Childers. Wit: Hutchins Burton, George Freeman. Recorded 1736 May 3. Henrico Co, Va. Page 546 Deed
http://interactive.ancestry.com/29401/dvm_LocHist013234-00024-1/45?backurl=http%3a%2f%2fsearch.ancestry.com%2fcgi-bin%2fsse.dll%3fgst%3d-6&ssrc=&backlabel=ReturnSearchResults&rc=299,1820,474,1862;474,1819,717,1873#?imageId=dvm_LocHist013234-00042-0  (Note: In 1797 Dec 12 – Nancy Going (Goyne) married Patrick Childress in Henrico County, Va.  In 1791 Mary Going married Meredith Childers December 12, 1791 in Henrico County).

1737 May 30: p. 632. 30 May 1737 Abraham Childers of County & Parish of Henrico, to Thomas Bates of same, for 15 pounds, 200 acres; being part of tract where Childers now lives, granted by patent to him, bounded by said Childers and land he sold to James Going.  Wit: William Street, Richard Cotrall.  Signed: Abram Childers, Elizabeth (E) Childers.  Recorded 1st Mon. in June 1737.  Elizabeth, wife of Abraham, relinquished her dower right.  Henrico County, Virginia Deeds 1706-1737. by Benjamin B. Weisiger, III. pg. 181.

Bef 1750:  The will of James Going was presented by John Williamson, executor to the county court [date not noted], according to “Colonial Wills of Henrico County, Virginia.” Henry Stokes, John Watson, Robert Sharp and John Watkins were appointed to appraise the estate.

1750 – James Gowing died some time prior to 1750 and it appears it was in Henrico County, Virginia – if this is the same James Gowing.  Will records and deed records are found showing his death before a deed transaction on Feb 4, 1750 – that shows 100 acres of land in Henrico County, Virginia James Gowing previously owned had some time in the past been left by James Gowing by will to John Williamson.  The deed indicates James Gowing had purchased the land from at James Young.  John Williamson was selling the land in Feb 4, 1750 to John White from Hanover County, Va.

1750 Henrico Co VA James Gowing willed 100 acres to Williamson to John White

1750 Henrico Co VA deed Williamson to John White formerly of James Gowing

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Notes regarding possible children of James Gowing Sr’s  or Ambrose Gowing’s – who were bound out:

On 1734 June 6 – Cave Gowen, a seven-year-old boy who was bound to James Vaughan by the 6 June 1734 Brunswick County court and Thomas and John Going who were bound out by the court in May 1739, no parent named [Orders 1737-41, 254, 302].  Brunswick Co, Va. James Vaughan was likely from Stafford County, Va.  A “Vaughan” was noted in the probate paperwork of John Gowing who died in 1721 in Stafford County, Va.

On 1736 July 5 – John Going and Thomas Going, apparently brothers, possibly other sons of Mary Gowing and James Gowing, were bound to Ralph Jackson on July 5, 1736, according to Order Book 1, page 254. Va. Court Order – Brunswick Co, Va.

On August 25, 1737 the Prince William County Court ordered that William Gowen be placed for apprentice.  On Oct 26, 1737, Truro Parish bound William Gowen to John Straughan.   http://www.pohick.org/vestrybook.html (p. 19-20).  William Gowen – an Orphan age 10, is bound to John Straughan until 21 yrs – to be taught how to read English, and taught the ministry of a Tanner.  Pohick Church – in Lorton, Virginia, Truro Parish Colonial Vestry Book (Church/Vestry of George Washington, George Mason, and other patriots). Truro Parish, Va.

(Additional info from): http://jg1758.blogspot.com/2012/08/newly-found-possibility-william-gowen.html

(Note:  William Gowing b. 1682 was married to Catherine Gowing (later Catherine Padderson when she remarried).  William Gowing died between November 1725 and March 1726.  The Stafford County Will Book K index does not show any will for him, only estate administration is noted – which means he likely died suddenly – and was not dying of an illness (or else he would have written a will if he was ill with death impending, with the number of properties and children he had).  William’s spouse Catherine remarried and becamed Catherine “Padderson” – it is estimated that she remarried around 1728, and she died around June of 1739 and she did leave a will naming some of her children.  Its possible that William Gowen b. 1727 was William Gowing born 1682’s child, but you would think that Catherine would have provided for him in her will since he was a minor at the time.  That leaves James Gowing b. 1683 as a possible parent.  He disappears from records after 1733 – meaning he possibly died that year.  Several of the Gowing children were bound out from 1734-1740).

1739 July/August – John Going
1-254 – July/August 1739 Court.
Brunswick County, Virginia Court Order

1739 July/August – Thomas Going
1-254 – July/August 1739 Court.
Brunswick County, Virginia Court Order

1740, April 3 – Drury Going – Eleanor (Elsoner) Going, Mary Gowing, Ralph Jackson Brunswick County Court order of April 3, 1740 in which it was “ordered that Elsoner Going and Drury Going, sons to Mary Gowing be bound as the law directs to Ralph Jackson until they shall arrive to the age of twenty-one years,” according to Order Book 1, page 302. Va. Court Order – Brunswick Co.

In 1744 Ralph Jackson Sr died, his will was probated in Brunswick County, Va.  April 4, 1744.  His son, Ralph Jackson Jr

In 1751 March 26 – Indenture made 26 March 1751, between Thomas Jackson of Brusnwick County, and Ralph Jackson of same, £50, 250a, being part of a tract of land granted to Thomas Jackson aforesaid for 325a, by Patent dated 22 February 1724, Chinkaponbottom Road from Allens Mill to Meherrin River/ Little Creek/Plantation Branch. Signed Thomas Jackson (bhm). Wit: Sampson Lanier, Mark Harwell, John Jackson (bhm). Court 26 March 1751, Indenture and Memorandum acknowledged by Thomas Jackson. Deed Book 5, Page 18.  http://www.rootsweb.ancestry.com/~vabrunsw/deeds/brundb5.htm
(This shows Ralph Jackson and Sampson Lanier knew eachother – therefor, in 1759)

In 1759 July 23 – James Gowing Sr’s possible son, Drury Going, was paid 5 pounds for a year’s work according to the account of the Brunswick County, Virginia estate of Sampson Lanier which was returned 23 July 1759 [\VB 3:297]. Brunswick Co, Va.  Ralph Jackson and Sampson Lanier had several land transactions between themselves and other members of the Lanier and Jackson families.  Since Drury Going was bound out to Ralph Jackson, he would have known Sampson Lanier through Ralph Jackson.

1771 July 8 – Henrico Parish Vestrybook – entry: pg. 145 (see link below).  To the Church Wardens, for William Going for taking Shadrach Vaughan, Orphan, as apprentice, and indemnifying them from any farther charge in bringing up the said child. 250pounds.
Henrico Parish, Va.   William Gowen appears to have taken in Shadrach Vaughan as his apprentice in the Henrico Parish, Va. vestrybook. Just as John Straughan had taken in William Gowen as an apprentice back in 1737.  It is possible this is the same William Gowen.    http://www.mesarfhc.org/books/Vestry%20Book,%20Henrico%20Parish/975.5453%20K2.pdf – p. 145

1772 Aug 17 – John Goan (Going) receives 150 acres in Berkley County, South Carolina in the fork between the Broad River and the Saludy on a small branch of the Tyger River called Comets Branch and bounded SE by land laid out for James Atterson, and part to Ambrose May, and NE by Moses Kirkland, and NW by Ralph Jackson, and part SW by vacant. Berkely Co., SC
http://www.archivesindex.sc.gov/onlinearchives/Thumbnails.aspx?recordId=108527
(It appears that John Goan (or Going) living adjacent to Ralph Jackson, and Moses Kirkland.  In 1714 Richard Kirkland had jointly purchased 268 acres in Stafford County, Virginia with Cornelius Keith (father in law to John Gowing Sr born 1710 who was married to Mary Keith).  Moses Kirkland may be a descendant of Richard Kirkland.  This may be the same Ralph Jackson who apprenticed John Gowen in 1736, or it may be a son of Ralph Jackson).

_______________________________________

Other possible James Going entries (emphasis on “possible”):

1689/1690. An order against the Sherriffe is granted James Gawen for the onappearance of Richard Davis. From: York County, Virginia Deeds, Orders, Wills, Etc., No. 8 – Part One 1687-1691 – Abstracted and Compiled by John Frederick Dorman

1694 Apr – James Gowin and Cornelius Gowin – On page 121 James and Cornelius Gowin are listed among headrights for Richard Cragg, April 1694, Albemarle – 650a. On page 155, Cornelius Gowin is listed for Cragge on 500a grant Pasquotank District 1 Jan 1694. On page 133-4 James and Cornelius Gowin listed July 1694 in a Craig grant for 500a. Immigration: headright for Richard Craig, Apr 1694, Pasquotank, North Carolina, USA. http://ourberryfamily.com/berry/21179.htm
1694 Apr – James Gowin and Cornelius Gowin – Pasquotank District 1 Jan 1694.

1694 July 11 – Albemarle ss. Rich. Craig, 650 a., for transportation of 13 persons, 11 July 1694. The persons viz. Rich. Craig, James Armestrong, Hanah Farmer, Wm. Sanderson, Wm. White, Wm. Sympson, Jonath. Taylor, John Lacy, Jno. Anthony, Cornelius Gowin, James Gowin, Sarah Mason, Eliz. Cob. Survey and return for Rich. Craig, 500 a., 25 July 1694.

1727 James Gwan account estate in Somerset Co MD Maryland’s Huntington Collection of scanned archives available online
http://guide.mdsa.net/pages/series.aspx?action=viewdetailedseries&id=te1
Beginnings of Gs for wills index in Huntington Collection
http://mdhistory.net/msaref09/msa_te_1_254/html/msa_te_1_254-0152.html (Note: this name may or may not be a “Going” type name. It is close enough to review and see if it shows any evidence of being a Going variation or an error in transcription somewhere along the way. There may be a Gwan family that this actually belongs to, so this may not be a “Going” at all, but worth reviewing).

1727 Joseph Gwein estate account in Charles Co MD Maryland’s Huntington Collection of scanned archives available online
http://guide.mdsa.net/pages/series.aspx?action=viewdetailedseries&id=te1
Beginnings of Gs for wills index in Huntington Collection
http://mdhistory.net/msaref09/msa_te_1_254/html/msa_te_1_254-0152.html (Note: this name may or may not be a “Going” type name. It is close enough to review and see if it shows any evidence of being a Going variation or an error in transcription somewhere along the way. There may be a Gwein family that this actually belongs to, so this may not be a “Going” at all, but worth reviewing).

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/

Ancestry.com’s tree page for James Going b. abt 1680https://www.ancestry.com/family-tree/person/tree/69705632/person/34521885792/facts

FamilySearch.com’s tree page for James Gowen b. abt 1680https://www.familysearch.org/tree/person/details/K2NF-JXN

1 Response to 1680 abt James Gowing of Stafford Co, Va (Y1)

  1. Garry Bryant says:

    Intreresting, recognize several names. Doing research on Straugthans/Strahan etc., of Stafford & Northumberland Co. This help give direction. Thanks!

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