COURT APPENDICES
APPENDIX IV: Court Cases of Thomas Bowyer and James McDowell
APPENDIX VI: Court Cases of William McDowell of Augusta County
APPENDIX VII: Court Cases of William McDowell of Rockbridge County
APPENDIX X: Court Cases Involving John McDowell or his Administrators
Augusta County
CASE 1
John Bryan Plaintif against Thos [Parson] Saml McDowell Def } In Debt. The Plaintif having put in a Replication to the Defendants plea the Defendant joined in the same and It is to be argued at the next Court.
AugustaOB6:6 19 August 1757
David Drydon having made Oath that he had attended Eight Days as a witness for Thomas [Parson] and Samuel McDowall at the suit of John Bryan, It is ordered that they pay him for the same two Hundred pounds of Tobacco.
AugustaOB6:105 18 March 1758
CASE 2
John Steel Plaintif against Samuel McDowell Deft } On Petition. This day came the parties aforesaid by their Attornies and the Defendant said that he did not assume to pay the Debt in the Petition mentioned or any part thereof for the the trial of which the parties put themselves upon the Court who having heard the witnesses and arguments of either party do adjudge that the Defendant is not indebted to the said Plaintif and therefore it is considered that this suit be dismissed and that the Defendant go thereof hence without day and recover against the said Plaintif his Cost by him about his defense in this behalf expended and the Plaintif for his false clamour be in Mercy &C.
AugustaOB8:504 20 June 1764
CASE 3
Thomas Walker Gent Assignee of John Robinson Esquire Treasurer of Virginia Plaintif against James Welch and Samuel McDowell Defts } In Debt. This day came the Plaintif by his Attorney and the Defendant James being arrested and not appearing, it is ordered that Judgment be entered for the Plaintif against the said James Welch and James Edmiston his Security for the Debt in the Declaring mentioned and Costs unless the said James Welch appear at the next Court and plead and the other Defendant Samuel McDowell not being arrested on the motion of the Plaintiff an alias capias is awarded him against the said Defendant returnable here the next Court.
AugustaOB9:134 25 August 1764
CASE 4
Samuel McDowell Plaintiff against Matthew Lindsay and James Welch Defendant } In Debt. The Defendant not being arrested on the motion of the Plaintiff an alias capias is awarded him against the said Defendant returnable here the next Court.
AugustaOB9:305 25 March 1765
Samuel McDowell Plaintiff against Matthew Lindsay and James Welch Defendants } In Debt. The Defendants not being arrested on the motion of the Plaintiffs a plurias capias is awarded him against the said Defendants returnable here the next Court.
AugustaOB9:402 25 May 1765
Samuel McDowell Plaintiff against Matthew Lindsay and James Welch Defendant } In Debt. This day came the Plaintiff by his Attorney and the Defendant James Welch being arrested and not appearing on the motion of the Plaintiff, it is ordered that Judgment for him against the said Defendant and James Edmiston his Security for the Debt in the Declaration mentioned and Costs unless the said Defendant appear at the next Court and Plead and the other Defendant Samuel Lindsay not being arrested on the motion of the Plaintiff a plurias capias is awarded him against the said Defendant returnable here the next Court.
AugustaOB9:484 24 August 1765
Samuel McDowell Gent Plt against Matthew Lindsay and James Welch Defendants } In Debt. This Suit being agreed is dismissed.
AugustaOB10:53 21 October 1765
CASE 5
Samuel McDowell Gent Plt against Drury West Defendant } In Case. The Defendant by his Attorney prayed and had leave to Imparl here until the next Court.
AugustaOB9:510 24 August 1765
Samuel McDowell Gent Plt against Drury West and Andrew Fitzpatrick Defendants } In Case. This suit being agreed is dismissed.
AugustaOB10:65 21 October 1765
CASE 6
John Gilmore Plaintiff against William Woods, David Gass and Samuel McDowell Gent defts } In Debt. John Allison security for the appearance of the Defendant William Woods delivered him up in custody of the Sheriff.
AugustaOB10:336 18 November 1766
John Gilmore Plaintiff against William Woods, David Gass and Samuel Woods [Sic: McDowell] Defendants } In Debt This day came the Plt by his attorney and the Defendant being committed to the Goal of this County for want of special bail on the motion of the Plaintiff it is ordered that Judgment be entered for the Plt against the said Defendant for the Debt in the Declaration mentioned and Costs unless the said Deft appear at the next Court and plead and the other Defts David Gass and Samuel McDowell being arrested and not appearing ordered that Judgment be entered for the Plaintiff against the said Defendants and Silas [Hunt] Gent Sheriff of this County for the Debt in the Declaration mentioned and Costs unless the said Defendant appear at the next Court and plead.
AugustaOB10:399-400 24 November 1766
John Gilmore Plaintiff against William Woods, David Gass and Samuel McDowell Defendant } In Debt. This suit being agreed is dismissed.
AugustaOB10:517 23 March 1767
CASE 7
Samuel McDowell Assignee of James Blair Plaintiff against Elizabeth Ray Defendant } On Petition. The Defendant being summoned and being called and not appearing the Plaintiff by his Attorney produced his note of hand for five pounds with lawfull interest thereon at the rate of five percentum per annum to be computed from the first of November one thousand seven hundred and sixty five until paid. Judgment is therefore granted the said Plaintiff against the said Defendant for the same together with Cost and the Defendant in Mercy &C. By consent no execution is to issue on this Judgment until August Court next.
AugustaOB11:199 25 May 1767
CASE 8
Samuel McDowell Plaintiff against William Woods Defendant } In Case. This suit being agreed is dismissed.
AugustaOB12:87 21 March 1768
CASE 9
Samuel McDowell Plaintiff against Joseph Scott Defendant } In Case. Imparlance.
AugustaOB13:30 21 November 1768
Samuel McDowell vs Joseph Scott } In Case. Continued.
AugustaOB13:154 25 March 1769
Saml McDowell vs Joseph Scott } In Case. Not guilty.
AugustaOB13:265 26 June 1769
McDowell vs Scott continued.
AugustaOB13:340 18 August 1769
Samuel McDowell Plt against Joseph Scott Deft } In Case
AugustaOB14:36 20 October 1769
Saml McDowal Plt against Joseph Scott Deft } In Case. The same jury as above, Judgment as above for the plaintiff for fifteen pounds & costs.
AugustaOB14:73 24 March 1770
Samuel McDowall Plt against Joseph Scott Deft } In Case. Errors in arrest of Judgment overrulled, new trial moved & overruled.
AugustaOB14:75 26 March 1770
Samuel McDowel Plt against Joseph Scott Deft } An attachment. James Evans spl bail.
AugustaOB14:105 20 June 1770
McDowell Plt against Scott Deft } James [Erving], John McLeery & James Will Spl Bail &C __
AugustaOB13:117 21 August 1770
Samuel McDowell Plt against Joseph Scott Deft } On Attachment. Plea & time.
AugustaOB14:151 21 November 1770
Samuel McDowell Plt against Joseph Scott Deft } On Attachment. The same order.
AugustaOB14:182 20 March 1771
Samuel McDowell Plt against the same [Joseph Scott] Deft } Errors argued & judged insufficient & the same [Therefore it is considered by the Court that the plaintiff recover against the Defendant his damages aforesaid in form aforesaid assessed & the said Defendant in Mercy &C.]
AugustaOB14:230 27 May 1771
CASE 10
Wm Armstrong ass of Wm McCutchen Plt against Wm McKee & Samuel McDowell Deft } On a scire facias upon a recognizance of special bail entered into by the Defendts for John Lusk at the suit of the Plaintiff who recovered 26£5 to be discharged by the payment of 12£2/6 with lawful Interest thereon from 12 June 1766 until paid 279 lbs tobacco @15/ Debt & Costs. The Defendant being duly [barred] & not appearing judgment is granted the Plaintiff against them for the Debt & costs aforesaid & his costs in this behalf expended & the said Defendants may be taken (Day of execution till March by Plts order)
Wm Armstrong ass of Wm McCutchen Plt against James McDowell Deft } On a scire facias on recognizance of special bail entered into by Judgment as above for six pounds to be discharged by the payment of three pounds with lawful interest thereon from the 12 Augt 1766 & 279 lbs Tob @15/ & his costs & on this behalf expended &C. Stay of execution as above.
AugustaOB14:54 20 October 1769
CASE 11
Samuel McDowell Plt against Robert [McReady] Deft } In Debt. Discontinued.
AugustaOB14:96 28 March 1770
CASE 12
Alexander Stuart Plt against Samuel McDowell Deft } In Debt. Agreed.
AugustaOB14:97 28 March 1770
CASE 13
John Elles & Co. Ass Plt against Samuel McDowell, James McDowell & James Cowden Deft } In Debt. This Day came the plaintiff by his Atty & the Defendant Samuel McDowell relinquishing his former [plea] John acknowledges the Plaintiffs action. Therefore it is considered by the Court that the Plaintiff recover against the said Defendant. This Suit abates as to the Deft James McDowell & replication & time for James Cowden.
AugustaOB14:304 27 November 1771
CASE 14
Samuel McDowell Plt against the same [James Ewing] Deft } On scire facias. Oyer.
AugustaOB14:317 28 November 1771
Samuel McDowell Plt against the same [James Ewing] Deft } On scire facias. Join &C
AugustaOB14:383 23 May 1772
Samuel McDowell Plt against James Ewing, John Mccleary, & James _dson Defts } On a scire facias on a recognizance of special for Joseph Scott. The same Judgment as above for £15 606 lbs Tob 15%
205 lbs Tob @ 15% & his Costs in this behalf expended.
AugustaOB14:430 22 August 1772
CASE 15
Wm Bowyer admr Plt against Saml McDowell ass Deft } On scire facias. Alias scire facias.
AugustaOB14:428 22 August 1772
William Bowyer Adr of William Christian decd Plt against Elizabeth McDowell & Samuel McDowell adrs of Jas McDowell Decd Defts } On a scire facias to reverse a former Judgment, The same Judgement as above for £20 to be discharged on the payment of ten pounds with lawful Interest thereon from the 1st Jany 1772 & 220 lbs Tob @ 15% Debt & Costs & his Costs on this behalf expended.
AugustaOB14:456 21 November 1772
CASE 16
Samuel McDowell Plt against John Guinn and wife Defts } In case
AugustaOB16:323 21 May 1778
McDowell Plt against Quin Deft } By agreement.
AugustaOB16:344 18 August 1778
CASE 17
Samuel McDowell Plt against Thomas Slaughter Deft } In Debt. The Defendant being again solemnly called and not appearing on the motion of the Plaintiff it is considered that the Plaintiff recover against the said Defendant and [blank] his security his debt in the declaration mentioned and also his Costs by him about his suit in this behalf expended and the said Defendant in Mercy &C.
AugustaOB16:516 20 May 1779
Rockbridge County
CASE 18
Isaac Campbell Plf against Samuel McDowell Deft } Trespass Assault & Battery. This day came the parties by their Attorneys and the Deft prays and has leave to Imparlance till the next Court & to plead.
RockbridgeOB1:100 2 June 1779
Isaac Campbell Plf against Samuel McDowell Def } Trespass Assault & Battery. And the said Def. comes and defends the force Injury and damages when and where the Court will consider thereof and says that he is in no wise guilty of the premises above charged against him as Plf against him hath declared and of this he puts himself upon his Country, and the Plf does likewise the same and the parties agree that the Def may give any special matter in evidence at the trial of the issue, which is refered till the next Court.
RockbridgeOB1:113 4 August 1779
Isaac Campbell Plf against Saml McDowell Def } AB. This suit is ordered to be discontinued and that the Plf pay the Costs.
RockbridgeOB1:137 9 September 1779
CASE 19
Samuel McDowell Plf against Isaac Campbell Deft } In Case. The Deft being arrested and not appearing tho solemnly called on the motion of the Plf by his Attorney, it is ordered that Judgment be entered for the Plf suit to be enquired of by a Jury unless the said Deft appear and plead to issue at the next Court.
RockbridgeOB1:100 2 June 1779
Samuel McDowell Plf against Isaac Campbelll Deft } In Debt. Ordered that this suit be dismissed.
RockbridgeOB1:120 5 August 1779
CASE 20
Commonwealth Plf against Saml McDowell Deft } Indictment. This suit is ordered to be dismissed.
RockbridgeOB1:124 5 August 1779
CASE 21
Saml McDowell & Commonwealth Plf agst Isaac Campbell Deft } In Case. On the motion of the Pltfs leave is granted them to take the deposition of James Little.
RockbridgeOB1:124 5 August 1779
CASE 22
Saml McDowell Assee Plf against Andrew Moffett & Saml McCampbell Deft } In Debt. The Def not appearing and the Sheriff having returned on the Attachment not executed and that he could find nonest of the said defts within his Bailiwick, on the motion of the Plf by his Attorney an alias attachment is awarded him against the Estate of the sd Defts for sixteen pounds and Costs returnable here the next Court.
RockbridgeOB1:134 9 September 1779
Samuel McDowell Assee of Thomas Lashey Plf against Andrew Moffett & Saml McCampbell Deft } In Debt. This suit is ordered to be continued till next Court.
RockbridgeOB1:149 4 November 1779
Saml McDowell Asee of Thomas Lashey Plft against Andrew Moffett & Saml McCampbell Deft } In Debt. This day came the Plf by Michael Bowyer his Attorney and the Defts the solemnly called came not but made default, nor doth they say any thing in Bar of the Plft action by which the said Plf remains thereof against the said Defts £16 to be discharged by the payment of £8 with Interest thereon from the first day of January 1771 till paid & his Cost by him in this behalf expended.
RockbridgeOB1:169 9 March 1780
CASE 23
Samuel McDowell & other Trustees of Liberty Hall, Academy Complainants against Samuel Houston and others Respondants } In Chancery. The Complainants by Michael Bowyer their Attorney having filed their Bill, on the motion of the Defendants by Andrew Moore their Attorney, time till next Court is allowed them to consider the Complainants Bill and then to answer it.
RockbridgeOB1:317 7 August 1782
Samuel McDowell & others Trustees of Liberty Hall Academy Complainants against Samuel Houston and Others Respondants } In Chancery. By consent of the parties by their Attornies, this suit is ordered to be discontinued.
RockbridgeOB1:331 2 October 1782
CASE 24
Samuel McDowell esqr Petitioner against Perty Wiley Defendant, the defendant being summoned and not appearing, Judgment is granted the Plaintiff for one pound five shillings and six pence by account proved, with lawfull Interest thereon from 15th May 1772 till paid and Costs.
RockbridgeOB1:503 6 November 1783
CASE 25
Samuel McDowell Admr of James McDowell deceased Plaintiff against John Hanna Defendant } In Debt. The Defendant being arrested and not appearing, on the motion of the Plaintiff by Andrew Moore his Attorney, it is ordered that Judgment be entered for the Plaintiff against the said Defendant for his Debt in the declaration mentioned and Costs, unless the said Defendant shall give Special Bail and plead to issue at the next Court.
RockbridgeOB2:119 5 August 1784
Samuel McDowell admr of James McDowell decd Plf against John Hanna Deft } In Debt. The defendant being again solemnly called, and not appearing on the motion of the Plaintiff by his Attorney, it is considered that the order of the last Court be confirmed, and that the Plaintiff recover against the said defendant six pounds fifteen shillings and eight pence & his Costs in this behalf expended, and that the same shall be discharged on the payment of three pounds seven shillings and ten pence with legal Interest thereon from the 18th day of December 1771 untill payment, and the Costs, allowing credit for one pound three shillings paid the 25th day of June 1772 &C.
RockbridgeOB2:146 8 September 1784
CASE 26
Upon the Petition of Samuel McDowell administrator of James McDowell deceased against Moses Colier the same Judgment as above for £4.12 & Costs to be discharged by two pounds six shillings, Interest from 15th June 1772 untill payment & Costs.
RockbridgeOB2:161 2 November 1784
CASE 27
Samuel McDowell Plf against John McCoskey Junr Defendant on a Petition the Sheriff having returned that he has left a copy and the Defendant not appearing tho' solemnly called on the motion of the Plaintiff by his Attorney Judgment is granted him against the said Defendant for £4.11.8 to be discharged by the payment of £2.5.10 with lawful Interest thereon from the 13th day of August 1784 till paid and also his Costs about his suit in this behalf expended, allowing credit for two pounds eight shillings paid the 25th Feby 1785.
RockbridgeOB2:197 3 March 1785
CASE 28
On the Petition of Samuel McDowell against Solomon McCampbell and James Berry for £4.13 to be discharged by £4.6 with lawful Interest thereon from the 10th day of September 1783 by a Penal Bill. The Defendants being summoned and not appearing on the motion of the Plaintiff by Andrew Moore his Attorney Judgment is granted him for the same and Costs, which Costs are 93 lbs of Tobo 7/6.
RockbridgeOB2:225 7 April 1785
CASE 29
On the Petition of Samuel McDowell against Roger Duff and Samuel Lapsley for £2.9 to be discharged £1.4.6 with lawful Interest thereon from the first day of August 1784 untill payment by their Penal Bill. The Defendant Duff being summoned and not appearing on the motion of the Plaintiff by Andrew Moore his Attorney Judgment is granted him for the same and Costs against the said Duff, which Costs are 93 lb Tobo and 7/6.
RockbridgeOB2:225 7 April 1785
CASE 30
Samuel McDowell Plt against Roger Duff & James Hawthorn Deft } In Debt on a replevy Bond. This day came the Plaintiff by Andrew Moore his Attorney and produced proof in Court that the Defendant Hawthorn has had ten days previous notice and on the motion of the Plaintiff by his said Attorney Judgment is granted him against the said Defendant for £4_9 to be discharged on the payment of two pounds six shillings and ten pence half penny with lawful Interest thereon from the 30th day of April 1785 untill payment and Costs which are 99 lb Tobacco & 15/.
RockbridgeOB2:298-299 6 September 1785
CASE 31
Samuel McDowell Plt against Soloman & James McCampbell Deft } In Debt on a replevy Bond. This day came the Plaintiff by Andrew Moore his Attorney and produced proof in Court that the Defendant Soloman has had ten days previous notice and he being thrice solemnly called came not therefore on the motion of the Plaintiff by his said Attorney Judgment is granted him against the said Defendant for £6.19.8 to be discharged by the payment of £3.9.10 with lawful Interest thereon from the twenty eighth day of April 1785 untill payment and Costs which are 99 lb Tobacco & 15/.
RockbridgeOB2:299 6 September 1785
CASE 32
Samul McDowell admr of James McDowell Decd Plt against Benjamin Bennett Deft } On a Petition. The Defendant being summoned & not appearing on the motion of the Plaintiff by Andrew Moore his Attorney Judgment is granted him for £1.5.3 by a Note of hand with lawful Interest thereon from the 18th day of December 1772 untill payment and also 93 lb of Tobacco & 7/6 for his Costs in this behalf expended &C.
RockbridgeOB2:323-324 6 October 1785
CASE 33
Samuel McDowell Plt against Isaac Evens, John Evens, Jno Wilson & Duncan Campbell Defts } In Debt. Alexander Campbell came into Court and undertook for the Defts Wilson and Campbell that in case they should be condemned in this action they shall pay the costs and condemnation of the Court or render their bodies to prison in Execution for the same or that he will do it for them.
Same against same.
RockbridgeOB2:414 3 July 1786
Saml McDowell Plt against Isaac Evans, Jno Evans, Jno Wilson & Duncan Campbell Defts } In Debt
Same against same, another suit } same.
James Lyle came into Court and undertook for the Defendant Isaac Evans that in case he should be condemned in these actions he shall pay the costs and condemnation of the Court or render his body to prison in Execution for the same or that he will do it for him.
RockbridgeOB2:416 1 August 1786
CASE 34
[Suits list against Alexander Stuart] Saml McDowell & Saml Lyle Trustees for selling Lots in Lexington Plt against Alexander Stuart Deft } In Debt. Alexander Walker came into Court and undertook for the Defts in these several suits that in case they should be condemned they shall pay the costs and condemnation of the Court or render their bodies to prison in Execution for the same or that he will do it for them.
RockbridgeOB2:416 1 August 1786
Saml McDowell & Saml Lyle Trustees for the County of Rockbridge for selling the Lots in the Town of Lexington } Plts against Alexr Stuart Senr, Joseph Moore & John Walker Defts } In Debt. This day came the parties by their Attornies and the Defendants relinquishing their former plea and saith that they cannot gainsay the Plaintiffs action for four hundred pounds to be discharged by two hundred pounds which settled by the Seal of Depreciation in October 1778 is forty pounds Specie with lawful Interest thereon from the second day of October 1778 untill payment. Therefore with the assent of the Plaintiffs it is considered by the Court that they recover against the said Defendants their Debt aforesaid in form aforesaid and also their Costs by them in their behalf expended and the said Defendants in Mercy &C.
RockbridgeOB2:476 9 November 1786
Saml McDowell & Saml Lyle Trustees for selling Lots in Lexington Plts against Alexr Stuart, Joseph Moore & Jno Walker Defts } In Debt. On the motion of the Defendants by Michael Bowyer their Attorney who pleaded payment it is ordered that the Judgment obtained in the Office against them and John Hays their Security for want of appearance be set aside.
RockbridgeOB2:424 2 August 1786
Botetourt County
CASE 35
Samuel McDowell assee of John Huston Plt agst Robert McCurdy Deft } In Debt.
BotetourtOB1:55 8 May 1770
Samuel McDowell Assee of John Huston Plt agst Robert McCurdy Deft } In Debt. The Bond upon which this Suit was prosecuted appears by a __ of the Credits thereon to have been over paid therefore though an attachment was levied on ten bundles of Hemp weighing about one hundred each unto a Judgment confirmed on order for Sale of the Hemp yet no Judgment can be entered.
BotetourtOB1:106 13 June 1770
Samuel McDowell assee of John Huston who was assee of Moore against John McCurdy in Debt. The Defendant comes into Court and confessed judgment according to specialty and costs and the said Defendant further acknowledged that the Credit on the back of the Bond was paid by John Huston and never by him and that he still is justly indebted the aforesaid Bond to him or his assigns which appears to be to Mr. Samuel McDowell and Company.
BotetourtOB3:49 13 May 1772
CASE 36
Saml McDowell assee Plt agst Thomas Willson Dft } In Debt.
BotetourtOB1:372 14 August 1771
CASE 37
Saml McDowell and Company Plt agst Matthew Arbuckle Deft } In Debt. The same Judgment as above for fifty pounds but to be discharged by the payment of twenty five pounds with Int. from 1st day of May 1772 till paid & Costs.
BotetourtOB4:107 12 February 1773
Samuel McDowell against Matthew and Thomas Arbuckle his Security the same as above for fifty eight pounds and ten pence to be paid by twenty nine pounds and five pence with Interest thereon from the 18th day of March 1773 till paid and Costs.
BotetourtOB4:211 15 July 1773
CASE 38
Saml McDowell assee of Jno Nully Plt agst Frederick Highsaw Deft } In Debt. Conditional order against the Deft and James Hayes his Bail.
BotetourtOB4:122 12 February 1773
CASE 39
The same [Saml McDowell] Plt not assee Plt agst James Hayes Deft } In Case. Agreed discontinued.
BotetourtOB4:122 12 February 1773
CASE 40
Saml McDowell agst Wm James and Saml Lawrence his Securities the same as above for sixteen pounds fourteen shillings to be discharged by the payment of eight pounds seven shillings with Interest thereon from the 18th day of March 1773 till paid and Costs.
BotetourtOB4:211 15 July 1773
CASE 41
Saml McDowell Plt v Fredrick Hayes Df } In debt. James Gilmore Junr Special Bail.
BotetourtOB4:411 12 April 1774
CASE 42
Samuel McDowell assnee of Thos Larkey Plt agst Andrw Moffett and Samuel Campbell Deft } In Debt. Alias Capias
BotetourtOB4:377 12 February 1774
Samuel McDowell assnee of Thos Lukey Plt agst Andw Mophete and Saml Campbell Dft } In debt. Attachment.
BotetourtOB4:479 15 April 1774
Samuel McDowell assnee of Thomas Lackey Plt agst Andrew Moffett and Saml McCampbell Deft } In Debt. Pleurias Capias.
BotetourtOB4:537 12 May 1774
Samuel McDowell assnee of Thomas Larkey Plt against Andrew Moffett & Saml Campbell Dft } In Debt. The same order [not executed and transferred to Greenbrier Docket] as next above.
BotetourtOB5:36 15 April 1778
CASE 43
Samuel McDowell asnee of Jas Bambridge Plt agst James Hayes Dft } In Debt. James Gilmore Special Bail Judgement for forty four pounds Current Money the debt in the declaration mentioned and the Costs. But this Judgment is to be discharged by the payment of twenty two pounds Current Money with legal Interest thereon from the first day of May 1772 till paid and his Costs by him in the behalf expended.
BotetourtOB4:500 15 April 1774
CASE 44
Samuel McDowell Plt agst William McBride Df } Attachment. This Attachment was dismissed for want of prosecution.
BotetourtOB5:239 15 May 1779
CASE 45
Samuel McDowell & Company Plt agst Jonah McCormack & Walter Stuart Deft } In Debt. Alias Capias
BotetourtOB6:409 14 November 1783
Samuel McDowell and Company Plt agst Jonah McCormack & Walter Stuart Dft } In Debt. Common order against the defendants and their Bail.
BotetourtOB6:437 13 February 1784
Samuel McDowell and Company Plt agst Jonah McCormack & Walter Stuart Dft } In debt. This Suit was agreed and discontinued at the defendants costs.
BotetourtOB6:470 11 March 1784
Fincastle/Montgomery County
CASE 35
Samuel McDowell Administrator of James McDowell Plaintiff against Samuel Ferguson Defendant } In Debt. The Defendant not being arrested on the motion of the Plaintiff a plurias capias is awarded him against the said Defendant returnable here the next Court.
MontgomeryFincastleOB2:22 5 May 1774
McDowell Admrs vs Ferguson P.C.
MontgomeryOB2:185 4 May 1779
McDowell Admrs vs Ferguson P:C
MontgomeryOB3:8 4 May 1779
McDowells Admrs vs Ferguson P.C.
MontgomeryOB2:199 1 June 1779
McDowell Admrs vs Ferguson P.C.
MontgomeryOB3:37 1 June 1779
McDowel Exr vs Ferguson P.C.
MontgomeryOB2:218 4 August 1779
McDowell Admrs vs Ferguson P:C.
MontgomeryOB3:51 4 August 1779
McDowell Exr vs Ferguson cond
MontgomeryOB2:263 8 September 1779
McDowell Exr v Ferguson disd
MontgomeryOB3:67 8 September 1779
The dates of Samuel's presence as a Justice of the Peace at the Augusta County Court is presented in the following table.
Table: Service of Judge Samuel McDowell.
16 August 1763, AugustaOB8:212
20 September 1763, AugustaOB8:214
21 September 1763, AugustaOB8:224
21 September 1763, AugustaOB8:227
16 November 1763, AugustaOB8:329
2 January 1764, AugustaOB8:384
15 May 1764, AugustaOB8:491
19 June 1764, AugustaOB8:498
20 June 1764, AugustaOB8:500
22 August 1764, AugustaOB9:75
23 August 1764, AugustaOB9:80
24 August 1764, AugustaOB9:87
25 August 1764, AugustaOB9:99
22 November 1764, AugustaOB9:171
21 March 1765, AugustaOB9:246
22 March 1765, AugustaOB9:252
23 March 1765, AugustaOB9:255
21 May 1765, AugustaOB9:340
21 August 1765, AugustaOB9:444 and 448
22 August 1765, AugustaOB9:455
23 August 1765, AugustaOB9:465
15 October 1765, AugustaOB10:5
16 October 1765, AugustaOB10:10
17 October 1765, AugustaOB10:15
19 October 1765, AugustaOB10:33
8 May 1766, AugustaOB10:149
20 August 1766, AugustaOB10:214
18 November 1766, AugustaOB10:337
19 November 1766, AugustaOB10:341
21 November 1766, AugustaOB10:355
17 March 1767, AugustaOB10:468
20 May 1767, AugustaOB11:67
21 May 1767, AugustaOB11:82
16 March 1768, AugustaOB11:499
17 March 1768, AugustaOB11:517
18 March 1768, AugustaOB11:519
18 May 1768, AugustaOB12:145
19 May 1768, AugustaOB12:156
20 May 1768, AugustaOB12:166
18 August 1768, AugustaOB12:310 and AugustaOB12:334
19 August 1768, AugustaOB12:343
16 November 1768, AugustaOB12:482
17 November 1768, AugustaOB12:488 and AugustaOB12:493
19 November 1768, AugustaOB12:507
22 March 1769, AugustaOB13:85
20 March 1770, AugustaOB14:64
22 March 1770, AugustaOB14:69
24 March 1770, AugustaOB14:72
15 May 1770, AugustaOB14:102
19 June 1770, AugustaOB14:103
21 June 1770, AugustaOB14:112
21 August 1770, AugustaOB14:114
22 August 1770, AugustaOB14:117
23 August 1770, AugustaOB14:120
24 August 1770, AugustaOB14:123
20 November 1770, AugustaOB14:148
22 November 1770, AugustaOB14:152
23 November 1770, AugustaOB14:154
20 March 1771, AugustaOB14:181
22 March 1771, AugustaOB14:189
22 May 1771, AugustaOB14:218
25 May 1771, AugustaOB14:227
21 August 1771, AugustaOB14:255
24 August 1771, AugustaOB14:262
21 November 1771, AugustaOB14:291
22 November 1771, AugustaOB13:296
25 November 1771, AugustaOB14:299,300
2 January 1772, AugustaOB14:324
18 August 1772, AugustaOB14:399
19 August 1772, AugustaOB14:404
20 August 1772, AugustaOB14:409
18 November 1772, AugustaOB14:440
19 November 1772, AugustaOB14:443
19 May 1773, AugustaOB15:108
23 May 1773, AugustaOB15:116 and 118
21 May 1773, AugustaOB15:123
16 November 1773, AugustaOB15:223
17 November 1773, AugustaOB15:225
18 November 1773, AugustaOB15:235
19 November 1773, AugustaOB15:241 and 244
20 November 1773, AugustaOB15:250
15 March 1774, AugustaOB15:302
15 March 1774, AugustaOB15:311
16 March 1774, AugustaOB15:312
17 March 1774, AugustaOB15:323
18 March 1774, AugustaOB15:331
16 August 1774, AugustaOB16:1
15 November 1774, AugustaOB16:21
16 November 1774, AugustaOB16:26
17 January 1775, AugustaOB16:34
9 January 1776, AugustaOB16:98
2(2) August 1776, AugustaOB16:114
19 November 1776, AugustaOB16:122
20 January 1777, AugustaOB16:147
18 March 1777, AugustaOB16:150
19 March 1777, AugustaOB16:168
19 August 1777, AugustaOB16:200 and 215
20 August 1777, AugustaOB16:218
Samuel signed the Augusta County Order Book for a session on the dates given in the following table.
Table: Samuel McDowell Signature
20 May 1772, AugustaOB14:373
22 August 1772, AugustaOB14:434
17 November 1773, AugustaOB15:235
19 November 1773, AugustaOB15:250
20 November 1773, AugustaOB15:301
17 March 1774, AugustaOB15:331
JP Present: Samuel McDowell — [In a case, "John Bowyer and Samuel McDowell Gent entered their protest against the Prisoners being admitted to bail."
AugustaOB9:253 22 March 1765
He served as a Judge or Justice of the Peace at the Rockbridge Court on numerous occasions as documented in the following table.
Table: Service as Rockbridge Judge for Samuel McDowell
7 April 1778, RockbridgeOB1:1
8 April 1778, RockbridgeOB1:2
9 April 1778, RockbridgeOB1:7
5 May 1778, RockbridgeOB1:9
6 May 1778, RockbridgeOB1:15
14 May 1778, RockbridgeOB1:16
19 May 1778, RockbridgeOB1:17
4 August 1778, RockbridgeOB1:20
5 August 1778, RockbridgeOB1:25
1 September 1778, RockbridgeOB1:30
6 October 1778, RockbridgeOB1:31
5 January 1779, RockbridgeOB1:59
2 February 1779, RockbridgeOB1:59
12 February 1779, RockbridgeOB1:63
2 March 1779, RockbridgeOB1:64
3 March 1779, RockbridgeOB1:72
6 April 1779, RockbridgeOB1:76
7 April 1779, RockbridgeOB1:77
4 May 1779, RockbridgeOB1:79
5 May 1779, RockbridgeOB1:83
1 June 1779, RockbridgeOB1:90
4 August 1779, RockbridgeOB1:110
5 August 1779, RockbridgeOB1:120
8 September 1779, RockbridgeOB1:129
9 September 1779, RockbridgeOB1:132
5 October 1779, RockbridgeOB1:142
2 November 1779, RockbridgeOB1:144
3 November 1779, RockbridgeOB1:148
4 November 1779, RockbridgeOB1:149
7 December 1779, RockbridgeOB1:156
7 March 1780, RockbridgeOB1:161
8 March 1780, RockbridgeOB1:165
9 March 1780, RockbridgeOB1:169
2 May 1780, RockbridgeOB1:182
3 May 1780, RockbridgeOB1:185
1 August 1780, RockbridgeOB1:201
2 August 1780, RockbridgeOB1:205
3 August 1780, RockbridgeOB1:206
5 September 1780, RockbridgeOB1:213
6 September 1780, RockbridgeOB1:216
3 October 1780, RockbridgeOB1:220
4 October 1780, RockbridgeOB1:222
7 November 1780, RockbridgeOB1:228
6 March 1782, RockbridgeOB1:278
7 March 1782, RockbridgeOB1:278
27 March 1782, RockbridgeOB1:451
2 April 1782, RockbridgeOB1:279
3 April 1782, RockbridgeOB1:281
4 April 1782, RockbridgeOB1:287
7 May 1782, RockbridgeOB1:288
8 May 1782, RockbridgeOB1:291
9 May 1782, RockbridgeOB1:296
10 May 1782, RockbridgeOB1:300
11 May 1782, RockbridgeOB1:302
4 June 1782, RockbridgeOB1:304
2 July 1782, RockbridgeOB1:307
6 August 1782, RockbridgeOB1:308
3 September 1782, RockbridgeOB1:321
5 June 1783, RockbridgeOB1:407
5 August 1783, RockbridgeOB1:416
6 August 1783, RockbridgeOB1:422
7 August 1783, RockbridgeOB1:426
2 November 1783, RockbridgeOB1:446
4 August 1784, RockbridgeOB2:102
APPENDIX III: Court Cases of James McDowell
CASE 1
James McDowall Plaintiff against Charles Stewart Deft } In Case. This Suit bring agreed is dismissed.
AugustaOB7:46 22 May 1761
CASE 2
James McDowell Plaintiff against Francis Kirtley Defendant } In Case. The Defendant not appearing ordered that Judgment be entered for the Plaintiff against the said Debt in the Declaration mentioned and Cost unless the said Defendant appear at the next Court and Plead
James McDowell Plaintiff against Francis Kirtley Defendant } In Debt. The Defendant not appearing on the Plaintiffs motion on attachment is awarded him against the Estate of the said Defendant for the Debt in the Declaration mentioned and Cost returnable here the next Court.
AugustaOB8:80 25 April 1763
James McDowell Plaintiff against Francis Kirbley Defendant } In Case. This day came the Plaintiff by his Attorney and the Defendant being solemnly called and not appearing ordered that the conditional Judgment obtained against him and John Dickenson Gent his Security [had] Court be confirmed and that a writ of enquirey of the Damages be executed at the next Court.
James McDowell Plaintiff against Francis Kirblay Defendant } In Debt. The Defendant not appearing on the Plaintiffs motion an attachment is awarded him against the Estate of the said Defendant for the Debt in the Declaration mentioned and Cost returnable here the next Court.
AugustaOB8:174 25 June 1763
James McDowell Plaintiff against Francis Kirtley Defendant } In Debt. The sheriff having returned on the attachment granted the Plaintiff this cause served on one penknife and the Defendant being called and not appearing the Plaintiff by his attorney produced his note of hand for twenty pounds Judgment is therefore granted the Plaintiff against the said Defendant for the same and Cost and it is ordered that the Sheriff sell the penknife attached according to Law and pay the money arising thereby to the Plaintiff in part satisfaction of his Judgment and Cost and that he have execution against the said Defendant . Cost 259 Tobacco at 5%
AugustaOB8:261 24 September 1763
James McDowell Plaintiff against Francis Kirtlay Defendant } In Case. Continued in at the Defendants motion and Cost.
AugustaOB8:295 24 September 1763
James McDowell Plaintiff against Francis Kirtlay Defendant } In Case. This suit being agreed is dismissed.
AugustaOB8:23 March 1764
CASE 3
James McDowel Plaintiff against Thomas Paxton Defendant } In Case. James Trimble and Nathaniel Evans in open Court undertook for the Defendant that in case he should be Cast in this suit they would pay the condemnation of the Court or render his body to prison for the same or that they the said James Trimble and Nathaniel Evans would do it for him and thereupon the Deft by his attorney prayed and had leave to imparl here until the next Court and it is ordered that a Dedimus issue to take the Deposition of James McCorkle, a witness in this Cause.
AugustaOB8:292 24 September 1763
James McDowell Plaintiff against Thomas Paxton Defendant } In Case. The Defendant by his atto says that he did not assume in manner and form as the Plaintiff against him complains and of this he puts himself upon the Country and time is given the Plaintiff until the next Court to consider the Plea.
AugustaOB8:365 18 November 1763
James McDowell Plaintiff against Thomas Paxton Defendant } In Case. The Defendant having put in his Plea and the Plaintiff joining in the Issue the trial thereof is refered to the next Court.
AugustaOB8:448 26 March 1764
James McDowell Plaintiff against Thomas Paxton Defendant } In Case. Continued at the Defendants motion and cost.
AugustaOB8:500 19 June 1764
James McDowell Plaintiff against Thomas Paxton Defendant } In Case. This day came the parties by their Attornies and thereupon came also a Jury, to wit [List] who being elected tried and sworn the truth to speak upon the Issue joined went out of Court to consult of their Verdict and after some time returned into Court and prayed the advice whether if they should find the first payment in the Declaration mentioned it would be a bar to an action hereafter brought for the second and third payment the Court gave it as their opinion that it would not and thereupon the Jury on their Oaths do say that the Defendant did assume in manner and form as the Plaintiff against him hath declared and do assess the Plaintiffs Damages by __ nonperformance of the assumption to twenty six pounds two shillings and six pence __ his Costs Therefore it is considered that the Plaintiff recover against the said Defendant his Damages aforesaid in form aforesaid assessed and his Costs by him in this behalf expended and the Defendant in Mercy &C. Cost 946 Tobacco and at 5%.
AugustaOB9:92 24 August 1764
James McDowell having made Oath that he had attended eight days as a witness for James McDowell against Thomas Paxton, it is ordered that he pay him for the same two hundred pounds of Tobacco.
AugustaOB9:92 24 August 1764
James McGavock having made Oath that he had attended three days as a witness for James McDowell against Thomax Paxton, it is ordered that he pay him for the same seventy five pounds of Tobacco.
AugustaOB9:92 24 August 1764
Samuel McDowell having made Oath that he had attended nine days as a witness for James McDowell against Thomas Paxton, it is ordred that he pay him for the same five hundred and twenty five pounds of Tobacco.
AugustaOB9:93 24 August 1764
John Thompson having made Oath that he had attended nine days as a witness for James McDowell against Thomas Paxton, it is ordered that he pay him for the same two hundred and twenty five pounds of Tobacco.
AugustaOB9:93 24 August 1764
John McClung having made Oath that he had attended three days as a witness for James McDowell against Thomas Paxton, it is ordered that he pay him for the same seventy five pounds of Tobacco.
AugustaOB9:93 24 August 1764
John Bowyer having made Oath that he had attended nine days as a witness for James McDowell against Thomas Paxton, it is ordered that he pay him for the same two hundred and twenty five pounds of Tobacco.
AugustaOB9:93 24 August 1764
James Greenlee having made Oath that he had attended nine days as a witness for James McDowell against Thomas Paxton, it is ordered that he pay him for the same two hundred and twenty five pounds of Tobacco.
AugustaOB9:93 24 August 1764
Joseph Walker having made Oath that he had attended three days as a witness for Thomas Paxton at the suit of James McDowell, it is ordered that he pay him for the same seventy five pounds of Tobacco.
AugustaOB9:93 24 August 1764
James Cloyd having made Oath that he had attended five days as a witness for Thomas Paxton at the suit of James McDowell, it is ordered that he pay him for the same one hundred and twenty five pounds of Tobacco.
AugustaOB9:93 24 August 1764
John Lyle having made Oath that he had attended five days as a witness for Thomas Paxton at the suit of James McDowell, it is ordered that he pay him for the same one hundred and twenty five pounds of Tobacco.
AugustaOB9:93 24 August 1764
John Paxton having made Oath that he had attended six days as a witness for Thomas Paxton at the suit of James McDowell, it is ordered that he pay him for the same one hundred and fifty pounds of Tobacco.
AugustaOB9:93 24 August 1764
Mary Paxton having made Oath that she had attended three days as a witness for Thomas Paxton at the suit of James McDowell, it is ordered that he lay her for the same seventy five pounds of Tobacco.
AugustaOB9:93 24 August 1764
Andrew Cowan having made Oath that he had attended four days as a witness for Thomas Paxton at the suit of James McDowell, it is ordered tha the pay him for the same one hundred pounds of Tobacco.
AugustaOB9:93 24 August 1764
CASE 4
James McDowell Plaintiff against James Stevenson and John Stevenson Defendants } In Case. Michael Hogshead and Alexander Garner in open Court undertook for the Defendant James Stevenson that in case he should be cast in this suit he would pay the condemnation of the Court or render his body to prison for the same or that they the said Michael Hogshead and Alexander Garner would do it for him and thereupon the said James by his Attorney prayed and had leave to Imparl here until the next Court and the other Defendant John Stevenson not being arrested on the motion of the Plaintiff an alias capias is awarded him against the said Defendant returnable here the next Court.
AugustaOB8:462 26 March 1764
James McDowell Plaintiff against James Stevenson and John Stevenson Defendants } In Case. This suit being agreed is dismissed.
AugustaOB9:19 22 June 1764
James McDowell Plaintiff against John Stevenson Defendant } In Case. The Defendant not being arrested on the motion of the Plaintiff a plurias capias is awarded him against the said Defendant returnable here the next Court.
AugustaOB9:33 22 June 1764
James McDowell Plaintiff against John Stevenson Defendant } In Case. The Defendant not appearing on the Plaintiffs motion an attachment is awarded him against the Estate of the said Defendant for the Debt in the Declaration mentioned and Costs returnable here the next Court.
AugustaOB9:118 25 August 1764
James McDowell Plaintiff against John Stevenson Defendant } In Case. Thomas Stevenson in open Court undertook for the Defendant that in case he should be cast in this suit he would pay the condemnation of the Court or render his body to prison for the same or that he the said Thomas Stevenson would do it for him and thereupon the Defendant by his Attorney prayed and had leave to Imparl him until the next Court.
AugustaOB9:23 November 1764
James McDowell Plaintiff against John Stevenson Defendant } In Case. The Defendant by his Attorney said that he is not guilty in manner and form as the Plaintiff against him hath complained and of this he puts himself upon the Country and time is given the Plaintiff until the next Court to consider the Plea.
AugustaOB9:269 25 March 1765
James McDowell Plaintiff against John Stevenson Defendant } In Case. The Defendant having put in his Plea and the Plaintiff joining in the Issue the trial thereof is refered to the next Court.
AugustaOB9:381 25 May 1765
James McDowell Plaintiff against John Stevenson Defendant } In Case. This suit being agreed is dismissed.
AugustaOB9:465 23 August 1765
James McDowell Plaintiff against James Stevenson Defendant } On Petition. Continued.
AugustaOB10:314 26 August 1766
James McDowell Plaintiff against James Stevenson Defendant } On Petition. The Defendant being summoned and being called and not appearing the Plaintiff by his Oath proved his account against him for one pound nine shillings Judgement is therefore granted the Plaintiff against the said Defendant for the same and Costs and the Defendant in Mercy &C.
AugustaOB10:430 25 November 1766
CASE 5
James McDowell Plaintiff against John Fisher Defendant } In Case. This suit being agreed is dismissed.
AugustaOB8:462 26 March 1764
CASE 6
John Francisco Plaintiff against James McDowell Deft } On Petition. Continued at the Defts motion and Costs.
AugustaOB9:523 24 August 1765
John Francisco Plaintiff against James McDowell Deft } On Petition by Account for three pounds ten shillings. This day came the parties by their Attornies and the Defendant said that he did not assume to pay the Debt in the Petition mentioned or any part thereof for the trial of which the parties put themselves upon the Court who having heard the witnesses and arguments of either party do adjudge that the Defendant is not indebted to the said Plaintiff and therefore it is considered that this suit be dismissed and that the Defendant go thereof hence without day and recover against the said Plaintiff his Costs by him about his defense in this behalf expended and the Plaintiff for his false clamour be in Mercy &C.
AugustaOB10:47 19 October 1765
CASE 7
Andrew Fitzpatrick Plt against James McDowell Deft } In Debt This suit being agreed is dismissed.
AugustaOB11:177 25 May 1767
CASE 8
James McDowell Assignee of James Blair Plaintiff against Elizabeth Ray Defendant } On Petition. The Defendant being summoned and not appearing the solemnly called the Plaintiff by his Attorney produced a note of hand for two pounds thirteen shillings and six pence Judgment wherefore granted the Plaintiff against the said Defendant for the same together with Cost and the Defendant in Mercy &C. By consent no execution is to issue on the Judgment until August Court next.
AugustaOB11:199 25 May 1767
CASE 9
George Jameson Plaintiff against James McDowell and John Cloyd Defendants } In Debt. Gabriel Jones Gent in open Court undertook for the Defendant James McDowell that in case he should be cast in this Suit that he should pay the condemnation of the Court or render his body to prison for the same or that he the said Gabriel Jones would do it for him and thereupon the Defendant by his Attorney prayed Oyer of the writing in the Declaration mentioned and unto him, it is granted and this being abated by the death of the other Defendant JnoCloyd is dismissed as to him.
AugustaOB11:301 24 August 1767
George Jameson Plaintiff against James McDowell Defendant } In Debt. The Defendant by his Attorney said that he had paid the Debt in the Declaration mentioned and of this he put himself upon the Country and time is given the Plaintiff untill the next Court to consider the plea.
AugustaOB11:406 23 November 1767
George Jameson Plaintiff against James McDowell Defendant } In Debt. This day came the parties by their Attorneys and the Defendant relinquishing his former plea says nothing in barr or [resolusion] of the Plaintiffs action by which he remains thereof against him undefended. Therefore, it is considered by the Court that the Plaintiff recover against the said Defendant his Debt amounting to fourteen pounds in the Declaration mentioned and his Cost by him in this behalf expended and the Defendant in Mercy &C
AugustaOB12:261 23 May 1768
CASE 10
James McDowell who stands bound by Recognizance to appear here this day to answer the complaint of Samuel Henderson against him for breach of the peace appeared accordingly whereupon the said James McDowell and Samuel Henderson were fully heard and divers witnesses examined touching the matter of complaint and it appearing to the Court that the said Saml Henderson is the aggressor, it is therefore ordered that the said McDowell be discharged and that the Sheriff take the said Henderson into custody and there to remain untill he enter into recognizance in the sum of one hundred pounds with two securities on the sum of fifty pounds each and thereupon the said Samuel Henderson with Robert Gay and George Jameson his securities came into Court and acknowledged themselves severally indebted our sovereign Lord George the third King of Great Brittain in the sums following that is to say the said Samuel Henderson in the sum of one hundred pounds and the said Robert Gay and George Jameson in the sum of fifty pounds each to be levied of their respective lands and tenements goods and chattles and to our said Lord the King rendered yet upon the condition that the said Samuel Henderson do make his personal appearance at the next Jury Court in May next then this recogizance to be void.
AugustaOB11:504 16 March 1768
CASE 11
Robert McClanachan Plaintiff against James McDowell Defendant } In Debt. James Greenlee and Michael Bowyer in open Court undertook for the Defendant that in case he should be cast in this suit that he should pay the condemnation of the Court or render his body to prison for the same or that they the said James Greenlee and Michael Bowyer would do it for him and thereupon the Defendant by his Attorney prayed Oyer of the writing in the Declaration mentioned and unto him it is granted.
AugustaOB12:234 23 May 1768
Robert McClenachan Plt against James McDowell Defendt } In Debt Payment.
AugustaOB12:402 22 August 1768
Robert McClenachan Plaintif against James McDowell Defendant } In Debt. Plea joined.
AugustaOB13:2 21 November 1768
Robert McClenachan Plaintiff against James McDowell Defendant } In Debt. This day came the parties by their Attorneys and the defendant relinquishing his former Plea says nothing in cover or preclusion of the Plaintiffs action by which he remains thereof against him undismissed. Therefore it is considered by the Court that the Plaintiff recover against the said Defendant his Debt amounting to one hundred and eleven pounds sixteen shillings in the declaration mentioned and his Costs by him in this behalf expended and the said Defendant in Mercy &C.
But this Judgment (excepted as to the Costs} is to be discharged on the payment of fifty pounds eighteen shillings with Interest at the rate of five percentum per annum on fifty five pounds eighteen shillings to be computed from the seventeenth day of April one thousand seven hundred and sixty seven to the twenty sixth day of May one thousand seven hundred and sixty seven and then of fifty pounds eighteen until paid & Cost.
AugustaOB13:125 25 March 1769
CASE 12
Archd Buchanan & Others vs James McDowell & Others } In Debt. Tres Smith special bail & Imparlance.
AugustaOB13:167 25 March 1769
CASE 13
James McDowell Plt against Benjamin Hawkins Deft } In Chancery. Time to file Bill.
AugustaOB13:97 28 March 1770
James McDowell Plt against Benjamin Hawkins Deft } In Case. Agreed.
AugustaOB14:134 27 August 1770
CASE 14
James McDowell Plt against Seth Wilson Deft } In Trespass. Imparlance.
AugustaOB134140 27 August 1770
James McDowell Plt against Seth Wilson Deft } In Trespass. Agreed.
AugustaOB14:171 28 November 1770
CASE 15
McDowell ass Plt against Christian Deft } In Debt. Andrew Russell Junr Spl bail.
AugustaOB14:149 20 November 1770
James McDowell Plt against William Christian Deft } In Debt. Andrew Russell Junr & Spl bail & order.
AugustaOB14:174 28 November 1770
James McDowell ass Plt against William Christian Deft } In Debt. The same Judgment as above & costs. [Therefore it is considered by the Court that the Plt recover against the said Defendant & his costs.]
AugustaOB14:270 28 August 1771
CASE 16
James McDowell ass Plt against James Christian Deft } In Debt Joined
AugustaOB14:238 28 May 1771
Botetourt Normal and Administration Cases
CASE 17
Upon the Petition of James McDowell assee of William Poage ag Hugh Luck for Debt. The same Judgement as above for one pound fifteen shillings & [Eleven] Pence & their costs.
BotetourtOB1:43 11 April 1770
CASE 18
Upon the Petition of Samuel Linsey assee of Walter Linsey against William Lawrence for Debt Same Judt on McDowell against Luck for five pounds six shillings & three Pence & Costs.
BotetourtOB1:44 11 April 1770
CASE 19
James McDowell Plt agst Patrick McDonald Deft } In Case. This day came the parties by their Attornies and the Defts pray and have leave further to imparl till the next Court and then to plead.
BotetourtOB1:161 6 September 1770
James McDowell Plt agst Patrick McDonald Deft } In Case. By the agreement of the parties this Suit is discontinued.
BotetourtOB1:206 15 November 1770
CASE 20
The complaint of John Aylett agst James McDowell for a Breach of the Peace on hearing the parties is dismissed.
BotetourtOB1:238 12 March 1771
CASE 21
Thomas Madison Plt agst Samuel and Elizabeth McDowell Exrs of James McDowell and Dft } Petition. Judgment for the Plaintiff for ten pounds Current Money besides his Costs by him in this behalf expended and the said defendant in Mercy &C.
BotetourtOB3:83 14 May 1772
CASE 22
Samuel McDowell Plt agst Thomas Bland Deft } Upon an Attachment. The same judgment as in the preceding attachment for one pound eleven and ten pence Current Money besides his Costs and also an order a sale of the attachd effects that may be in the hands of the Sheriff and that he return 1 an account A the same to the Court.
BotetourtOB3:92 6 August 1772
The Attchment obtained by Samuel McDowell administrator of James McDowell deceased against the Estate of Thos Bland being returned executed on one black cow, one red two years old heirford & one red three years old bull this day came the Plaintiff by his Attorney and the Defendant was solemnly called but came not and thereupon came William Dale an interpleader by his Attorney and also a jury to wit the same as in the suit of William Thompson against James Baystone except George Aston and Abraham Brown in the room of Joseph Cloyd and Hugh Kirkpatrick who being elected tried and sworn the truth to speak upon the issue joined upon their oath do say that the property of the cattle aforesaid is in the said William Dale as by his plea he hath alledged. Therefore it is considered by the Court the sd attachment be [dismissed] and that the said William recover of the Plaintiff his Costs by him about his defense in this behalf expended.
BotetourtOB4:64 13 November 1772
CASE 23
Samuel McDowell adm of Jas McDowell ad Plt agst Robert Shannon Def } In debt. Common order against the defendant and security.
BotetourtOB3:198 15 August 1772
Saml McDowell administration of Jas McDowell decd Plt agst Robert Shannon Deft } In Debt. The same judgement as above against the Defendant and David Scott the security for his appearance for six pounds sixteen shillings & Costs. But this judgment may be discharged by the paiment of three pounds eight shillings with Interest from the 25th day of January one thousand seven hundred and seventy two till paid & the Costs.
BotetourtOB4:41 15 September 1772
Saml McDowell adtor of Jas McDowell decd agst Robert Shannon and David Scott and Hugh Bartley his Securities same as above for ten pounds fourteen shillings and six pence but to be discharged by the payment of five pounds seven shillings and three pence with Interest from the 26th day of November 1772 till paid & the Costs.
BotetourtOB4:160 13 March 1773
CASE 24
The Same [Saml McDowell administration of Jas McDowell decd] Plt agst James McElhenny Dft } In debt. Agreed discontinued.
BotetourtOB3:198 15 August 1772
CASE 25
The Same [Saml McDowell administration of Jas McDowell decd] Plt agst Jas Laurence Dft } In debt. Common order against the defendant & security.
BotetourtOB3:198 15 August 1772
The same [Samuel McDowell Adtor of Jas McDowell decd] agst James Lawrance and Samuel Lawrance and Samuel Lawrence and James Lawrance his Security same as above for thirty eight pounds six shillings and ten pence but to be discharged by the payment of nineteen pounds three shillings and five pence with Int. from the 26th day of Septr 1772 till paid & the Costs.
BotetourtOB4:160 13 March 1773
CASE 26
The Same Saml McDowell administration of Jas McDowell decd] Plt agst Jas Bryant & Mchl Woods Dft } In debt. John Gibson Special Bail for the defendant Bryan and Oyer for him & common order against the defendant Woods and Sheriff.
BotetourtOB3:198 15 August 1772
Samuel McDowell Administrator of James McDowell decd Plt agst James Bryant and Michl Smith Defts } In Debt. The same Judgment as above for thirty pounds fourteen shillings and four pence and costs. But this Judgment may be discharged by the paiment of fifteen pounds seven shillings and two pence with Interest thereon from the 25th day of January 1772 till paid and the costs.
BotetourtOB4:71 14 November 1772
The same [Samuel and Elizabeth McDowell Admrs of James McDowell decd] Pt agst James Bryants & Michael Smith Dfs } In Debt. The same Judgment as in the proceeding Suit for six pounds fourteen shillings Current Money But this Judgment is to be discharged by the payment of two pounds eight shillings of like money with lawfull interest thereon from the first of July 1771 till paid and their costs by them acrue their Suit in this behalf expended and the said defendants in Mercy &C.
BotetourtOB4:473-474 15 April 1774
CASE 27
Samuel McDowell Administrator of Jas McDowell deceased Plt agst David Galloway Deft } In Debt. The same Judgment as above for seven pounds fourteen shillings and two pence the debt in the Declaration mentioned and Costs. But this Judgment may be discharged by the Paiment of three pounds seventeen shillings and one penny with Interest from the twenty third day of June 1772 till paid and the Costs and the sheriff is ordered to make sale of the servant by him attached as the Law directs and apply the money arising by such sale toward satisfying the Judgment.
BotetourtOB4:74-75 14 November 1772
CASE 28
Samuel McDowell administrator of Jas McDowell decd Plt agst Robert Galloway Deft } In Debt. The same Judgment as next before this for thirteen pounds three shillings and two pence the debt in the Declaration mentioned and Costs. But this Judgment may be discharged by the Paiment of six pounds eleven shillings and seven pence with Interest thereon from the twenty third day of June 1772 till paid and the Costs and the sheriff is ordered to make sale of the spoon by him attached as the Law directs and apply the money arising by such sale towards the paiment of this Judgment.
BotetourtOB4:75 14 November 1772
Samuel McDowell Adtor of Jas McDowell decd agst Robert Galloway Wm Galloway his Security the same as above for seventeen pounds fourteen shillings and ten pence but to be discharged by the payment of eight pound seventeen shillings and five pence with Int. thereon from the 3rd day of December one thousand seven hundred and seventy two till paid & the Costs.
BotetourtOB4:160 13 March 1773
CASE 29
Samuel McDowell administrator of Jas McDowell decd Plt agst Uriah Humphries Deft } In Debt. The same Judgment as above for fifteen pounds nineteen shillings and four pence the debt in the Declaration mentioned and Costs. But this Judgment may be discharged by the Paiment of seven pounds nineteen shillings and eight pence with Interest from the twenty third day of December 1771 till paid & the Costs and the Sheriff is ordered to apply the seven pence half penny by him attached towards satisfying this Judgment.
BotetourtOB4:76 14 November 1772
Samuel McDowell adtor of James McDowell decd agst Uriah Humphries same as above for twenty one pounds three shillings and eight pence but to be discharged by the payment of ten pounds eleven shillings and eight pence with Interest from 3rd of December one thousand seven hundred and seventy two till pd & Co.
BotetourtOB4:161 13 March 1773
CASE 30
Upon the Petition of Samuel McDowell administrator of James McDowell deceased against James Welch for Debt the same Judgment as next before this for three pounds nine shillings and eight pence and Costs. But this Judgment may be discharged by the Paiment of one pounds fourteen shillings and ten pence with Interest thereon from the eighteenth day of January 1772 till paid and the Costs.
BotetourtOB4:86 9 December 1772
CASE 31
The same [Samuel McDowell administrator of James McDowell] against John Smiley for Debt the same Judgment as above for one pound seventeen shillings and six pence and costs. But this Judgment may be discharged by the Paiment of eighteen shillings and nine pence with Interest from the seventeenth day of January 1772 till paid and the Costs.
BotetourtOB4:86 9 December 1772
CASE 32
The same [Samuel McDowell administrator of James McDowell] against Alexander Smiley for debt the same Judgment as above for three pounds eleven shillings and Costs. But this Judgment may be discharged by the paiment of one pound fifteen shillings and six pence with Interest from the seventeenth day of January 1772 till paid and the Costs.
BotetourtOB4:86 9 December 1772
CASE 33
Saml McDowell Adtor of Jas McDowell decd Plt agst Jas McAfee Deft } In Debt. The same Judgment as above for nine pounds fourteen shillings but to be discharged by the payment of four pounds sixteen shillings and six pence with Int from the 23 day of Decr 1771 till paid and Costs.
BotetourtOB4:107 12 February 1773
CASE 34
The same [Saml McDowell Adtor of Jas McDowell decd] assee Jas Cloyd Plt agst William and James Lawrence Defts } In Debt. The same Judgment as above for ten pounds but to be discharged by the payment of five pounds with legal Int. thereon from the 10th day of March 1768 till paid & Costs.
BotetourtOB4:107 12 February 1773
CASE 35
Saml McDowell adtor &C Plt agst Thomas Willson Deft } In Debt. Conditional order against the Deft and Sheriff.
BotetourtOB4:121 12 February 1773
CASE 36
Same [Saml McDowell adtor] Plt agst Samuel Ferguson Deft } In Debt. Plurias Capias.
BotetourtOB4:121 12 February 1773
Saml McDowell adtor of Jas McDowell decd Plt agst Samuel Ferguson Deft } In Debt. Plurias Capias.
BotetourtOB4:166 13 April 1773
CASE 37
David Tate Plt agst Saml McDowell adtor of James McDowell Deft } In Case. Special Imparlance.
BotetourtOB4:143 9 March 1773
David Tate Plt agst Saml McDowell adr of Jas McDowell Deft } In Case. Non assumpsit and Issue.
BotetourtOB4:226 15 July 1773
David Tate Plt agst Samuel McDowell adtor of Jas McDowell Deft } In Case. This day came the parties by their Attornies and thereupon came also a jury, to wit the same as Bowyer agst Cross except Joseph Snodgrass and David Little in the room of John Madison & James Sharkey who being elected, tried and sworn the truth to speak upon the Issue joined upon their Oath do say that the Deft is not guilty as in pleading he hath alledged thereupon. It is considered by the Court that the Plt take nothing by his Bill but for his false Clamour be in Mercy &C and that the Defendant go thereof hence without day and recover of the Plt his Costs by him about his Suit in this behalf expended.
BotetourtOB4:332 9 February 1774
David Tate Plt agst Saml & Elizabeth McDowell Excut of James McDowell decd Dft } In Case. This Suit abates by the Sheriff's return.
BotetourtOB4:500 15 April 1774
CASE 38
Samuel McDowell Adtor of James McDowell decd Plt agst Hugh Allen Deft } In Debt. This day the parties by their Attornies and thereupon came also a Jury, to wit [List] who being elected, tried and sowrn the truth to speak upon the Issue joined upon their Oath do say that the Deft hath not paid the Debt in the Declaration mentioned but that he doth owe to the Plt the sum of two pounds nineteen shillings and eight pence three farthings. Therefore it is considered by the Court that the Plt recover agst the said Deft five pounds nineteen shillings and five pence half penny the Debt in the Declaration mentioned and his Costs by him in this behalf expended but this Judgment is to be discharged by the payment two pounds nineteen shillings and eight pence three farthings with legal Interest thereon from the 23rd day of June 1772 till paid and Costs.
BotetourtOB4:185-186 13 May 1773
CASE 39
Samuel McDowell Adtor of James McDowell Decd Plt agst Robert Armstrong Deft } In Case. This day came this well the Plt by his Attorney as the Defendant in his proper person who acknowledges the Plt's action. Therefore it is considered by the Court that the Plt recover agst the Defendant the sum of ten pounds six shillings and seven pence the Debt in the Declaration mentioned and his Costs by him about his Suit in this behalf expended.
BotetourtOB4:188 13 May 1773
CASE 40
James McDowell by Saml McDowell Plt agst Solomon Carpenter Deft } In Chancery. Attachment agst Carpenter for answer and summons for new Defendants.
BotetourtOB4:225 15 July 1773
James McDowell by Saml McDowell Plt agst Solomon Carpenter and Mann Deft } Chancery. New summons agst the Deft and attachment with Proclamation agst Mann.
BotetourtOB4:257 13 August 1773
Jas McDowell by Saml McDowell agst Solomon Carpenter & Jno Mann Deft } In Chancery. This day came the Plt by his Attorney and the Deft. Mann having stood out all process of contempt, it is ordered that the Bill be taken as confessed by him and new summons agst Carpenter.
BotetourtOB4:293 18 September 1773
On the motion of John Mann Plt against Samuel McDowell administrator to reinstate the Suit in Chancery commenced by said McDowell against him and Carpenter and to set aside the decree recovered against the said Mann in the said Suit. Parties heard. Motion annuled. Reasons offered to the Court that the subpoena was returned not executed But only a copy to be and process of contempt issue thereupon for not appearing and a decree by defence upon the return of the Attachment with proclamation. The Defendant offered to examine witness to prove that the said Mann was on the Ohio River from the announcement of the Suit to the time of obtaining the decree But the Court refused to allow them to be examined.
BotetourtOB4:384 12 February 1774
Jas McDowell by Saml McDowell Pt agst Solomon Carperter Df } In Chancery. New summons.
BotetourtOB4:472 15 April 1774
Samuel McDowell Plt agst Solomon Carpenter Dft } In Chancery. New summons.
BotetourtOB4:535 12 May 1774
Saml McDowell ad for Jas Junr Plt agst Solomon Carpenter Df } Chany. Dismissed.
BotetourtOB5:241 15 May 1779
James McDowells Exrs Plt agst Solomon Carpenter & al Dft } In Chancery. New summons.
BotetourtOB6:331 9 May 1783
Jas McDowell Exs Plt agst Solomon Carpenter Df } In Chancery. Attachment for answer.
BotetourtOB6:420 14 November 1783
Jas McDowell Exs Plt agst Solomon Carpenter & al Dft } In Chancery. Answer and Replication and order for dedimus.
BotetourtOB6:478 11 March 1784
James McDowell Exrs Plt agt Solomon Carpenter Dft } In Chancery. The same order [This Suit is continued for depositions] as above.
BotetourtOB6:561 13 May 1784
Ordered that Solomon Carpenter pay unto John Sprud fifty pounds of Tobacco for two days attendance as a witness for him at the suit of Jas McDowells Exrs in the Chancery Suit.
Ordered that Jas McDowell Exrs pay unto Thos Carpenter fifty pounds of Tobacco for two days attendance as a witness for him against Solomon Carpenter in a Suit in Chancery.
Ordered that the same pay unto Elizabeth Robinson twenty five pounds of Tobacco for one day attendance as a witness for him against the same in the Suit in Chancery.
Ordered that Solomon Carpenter pay unto John Robinson fifty pounds of Tobacco for two days attendance as a witness for him at the Suit of Jas McDowell Exs in the Chancery Suit.
Ordered that the same pay unto Wm Daugherty fifty pounds of Tobacco for two days attendance as a witness for him at the Suit of the same in the Suit in Chancery.
Ordered that the same pay unto Edward McMullin fifty pounds of Tobacco for two day attendance as a witness for him at the Suit of the same in the Suit in Chancery.
Ordered that the same pay unto Michael Keply three hundred and ten pounds of Tobacco for two days attendance and twice travelling sixty five miles as a witness for him at the Suit of McDowell in the Suit in Chancery.
Ordered that the same pay unto Jacob Salmones two hundred and eighteen pounds of Tobacco for two days attendance and twice travelling sixty five miles as a witness for him at the Suit of McDowell in the Suit in Chancery.
Ordered that the same pay unto Loney Carpenter fifty pounds of Tobacco for two days attendance as a witness for him at the Suit of McDowell in Chancery.
BotetourtOB6:595, 596 and 597, 11 August 1784
James McDowell Exrs Plt agt Solomon Carpenter & others Dft } In Chancery. The defendants on hearing the deposition to and gave up their right and title being ordered thus a decree was not be had in favour of them and that the decree for the Land as in the [Bill] mentioned for the Complainants agreeable to the prayer of this Bill with his Costs in his behalf expended &C.
BotetourtOB6:615 12 August 1784
Ordered that Jas McDowell Exrs pay unto Saml McDowell two hundred and fifty pounds of Tobacco for two days attendance and twice travelling fifty miles as a witness for him, Carpenter & others.
BotetourtOB6:615 12 August 1784
CASE 41
Wm Mann Plt agst Saml McDowell and Elizh McDowell Adtors &C Defts } In Case. The Plaintiff not further prosecuting, it is ordered that this Suit be discontinued and that the Plt pay to the Defts their Costs by them about their defence expended.
BotetourtOB4:284 17 September 1773
William Mann Plt agst Samuel and Elizabeth McDowell adrs of James McDowell decd Dft } In Case. This Suit abates by the Sheriffs return.
BotetourtOB4:358 12 February 1774
William Mann Plt agst Samuel and Elizabeth McDowell adm of James McDowell decd Deft } In Case. The same [Special imparlance] as next above.
BotetourtOB4:493 15 April 1774
William Mann Plt agst Samuel McDowell adm of Jas McDowell Dft } In Case. This Suit is referred till the next Court.
BotetourtOB4:538 12 May 1774
William Mann Plt agst Saml McDowell & Elizh McDowell adm of James McDowell decd Df } In Case. This Suit abates by reason of the Plts death.
BotetourtOB5:49 15 April 1778
CASE 42
Saml & Elizh McDowell Plt agst Matthew Arbuckle Deft } In Debt. Wm McClenachan Special Bail and Imparlance.
BotetourtOB4:304 18 September 1773
CASE 43
Samuel McDowell &C Plt agst Jas Boggs Deft } In Debt. Alias Capias.
BotetourtOB4:305 18 September 1773
Samuel McDowell &C Plt agst James Boggs Deft } In Case. Uriah Humphries Special Bail and Judgment confessed for thirty six pounds to be discharged by the payment of eighteen pounds with Interest thereon from the fifteenth day of November 1772 till paid and Costs.
BotetourtOB4:317-318 10 November 1773
CASE 44
Luke Bowyer Plt agst Saml & Elizabeth McDowell adtors of Jas Deft } In Case. Cont. for the Plt.
BotetourtOB4:345 10 February 1774
Luke Bowyer Pt agst Saml McDowell adr Df } In Case. this Suit is continued and commission to take the deposition of James Robinson by consent.
BotetourtOB4:415-416 12 April 1774
Luke Bowyer Plt agst Saml McDowell & Elizabeth McDowell adrs of James McDowell decd Dft } In Case. This Suit was refer untill the next Court.
BotetourtOB4:508 11 May 1774
Luke Bowyer Plt agst Saml McDowell adr Dft } In Case. Continued.
BotetourtOB5:98 9 September 1778
Luke Bowyer Plt agst Samuel & Elizabeth McDowell adms of Jas McDowell decd Df } In Case. Discontinued.
BotetourtOB5:209 14 May 1779
CASE 45
Samuel and Elizabeth McDowell Admrs of James McDowell decd Pt agst Alexd Bond John Collier Defts } In debt. Common order confirmed against the said defendants for the sum of twenty five pounds Current Money as per Bond But this Judgment is to be discharged by the payment of twelve pounds fifteen shillings of like money with lawful interest thereon from the first day of January 1773 till the time of payment and their Costs by them in this behalf expended and the said defendants in Mercy &C
BotetourtOB4:473 15 April 1774
CASE 46
James McGavock Plt agt Samuel McDowell Df } In Case. Special imparlance.
BotetourtOB4:492 15 April 1774
James McGavock Plt agst the same [Samuel and Elizabeth McDowell adm of James McDowell decd] Deft } In Case. The same [Special imparlance] as above.
BotetourtOB4:493 15 April 1774
James McGavock Plt agt Saml and Elizabeth McDowell exs of James McDowell decd Dft } In Case. A Commission is granted the Plaintiff.
BotetourtOB4:501 15 April 1774
James McGavock Plt agst Samuel McDowell Dft } In Case. Continued.
BotetourtOB4:537 12 May 1774
James McGavock Plt against Samuel McDowell Df } In Case. Continued.
BotetourtOB5:69 9 September 1778
James McGavock Plt agst Samuel McDowell Df } In Case. By agreement of the parties this Suit was dismisd.
BotetourtOB5:127 11 November 1778
James McGavock Plt agst Samuel & Elizabeth McDowell adms of James McDowell decd Df } In Case. Discontinued.
BotetourtOB5:128 11 November 1778
CASE 47
The Petition of Samuel McDowell admr of James McDowell decd who was assnee of Patrick McDonald who was assnee of Charles Leukins against James Burnsides Judgment for the Plaintiff for [blank] and by note besides his Costs by him in this behalf expended.
BotetourtOB5:186 12 March 1779
APPENDIX IV: Court Cases of Thomas Bowyer and James McDowell
CASE 1
Thomas Bowyer and Jas McDowell Plts against John Francisco Defendant } In Debt. The Defendant not being arrested on the Plaintiffs motion an alias capias is awarded them against the said Defendant returnable here the next Court.
Thomas Bowyer and Jas McDowell Plts against John Francisco Defendant } In Case. The Defendant not being arrested on the Plaintiffs motion an alias capias is awarded them against the said Deft returnable here at the next Court.
Thomas Bowyer and Jas McDowell Plts against George Francisco } In Debt. The Defendant not appearing ordered that Judgment be entered for the Plaintiff against Defendant for the Debt in the Declaration mentioned and Cost unless the said Defendant appear at the next Court and plead.
AugustaOB8:10 21 February 1763
Thomas Bowyer and James McDowell Plts against John Francisco Defendant } In Debt. Ludwich Francisco Security for the Defendant said that he had paid the Debt in the Declaration mentioned and of this he puts himself upon the Country and time is given the Plaintiff until the next Court to consider the said plea.
Thomas Bowyer and James McDowell Plts against John Francisco Defendant } In Case. Ludwich Francisco Security for the Defendant says that the Deft. did not assume in the manner and form as the Plaintiffs against him complains and of this he puts himself upon the Country and time is given the Plaintiffs until the next Court to consider the said plea.
AugustaOB8:169 25 June 1763
Thomas Bowyer and Jas McDowell Plts against John Francisco Defendant } In Debt. Ludwick Francisco Security for the Defendant having put in his plea and the Plaintiff joining in the Issue the trial thereof is refered to the next Court
Thomas Bowyer and Jas McDowell plts against John Francisco Defendant } In Case. Ludwick Francisco Security for the Defendant having put in his plea and the Plaintiff joining in the Issue the trial thereof is refered to the next Court.
AugustaOB8:259 24 September 1763
Thomas Bowyer and James McDowell Plaintiffs against John Francisco and Lud Francisco his Security Defts } In Debt. This day came the parties by their attornies and thereupon came also a Jury, to wit [List] who being elected tried and sworn the truth to speak upon the Issue joined upon their Oaths do say that the Defendant John Francisco hath not paid the Debt in the Declaration mentioned and they do assess the Plaintiffs Damages by occasion of the Detention thereof to one penny besides his costs therefore it is considered by the Court that the Plaintiffs recover against the said Defendant and Ludwick Francisco his Security their Debt amounting to nine pounds seven shillings and eleven pence together with their Damages aforesaid in form aforesaid assessed and their Costs by them about their suit in that behalf expended and the Defendant and Security in Mercy &C
But this Judgment except as to the Cost is to be discharged on the Paiment of four pounds thirteen shillings and eleven pence with Interest thereon at the rate of five per centum per annum to be computed from the second day of June 1762 until paid. Cost 304 Tobacco at 5%
AugustaOB8:418-419 24 March 1764
Thomas Bowyer and James McDowell Plaintiffs against John Francisco and Ludwick Francisco his Security Defendants } In Case. This day came the parties by their attornies and thereupon came also a Jury, to wit [List] who being elected tried and sworn the truth to speak upon the Issue joined upon their Oaths do say that the Defendant John Francisco did assume in manner and form as the Plaintiffs against him hath declared and they do assess the Plaintiffs Damages by occasion of the nonperformance of the assumption to six pounds seventeen shillings and seven pence besides their costs. Therefore it is considered by the Court that the Plaintiffs recover against the said Defendant and Ludwick Francisco his Security their Damages aforesaid in form aforesaid assessed together with their costs by them in this behalf expended and the Defendant and Security in Mercy &C. Cost 304 Tobacco at 5%
AugustaOB8:419 24 March 1764
CASE 2
Thos & Jas McDowell Plts against Hanah Sayers Defendant } In Case. The Defendant not appearing ordered that Judgment be entered for the Plaintiff against the said Defendant for the Debt in the Declaration mentioned and Cost unless the said Defendant appear at the next Court and Plead.
AugustaOB8:86 25 April 1763
Thomas Bowyer & James McDowell Plts against Hanah Sayers Defendant } In Case. The Defendant in Custody of the Sheriff comes and says that she did not assume in manner and form as the Plaintiffs against her complains and of this she puts herself upon the Country and time is given the Plaintiffs until the next Court to consider the plea.
AugustaOB8:180 25 June 1763
Thos & Jas McDowell Plts against Hanah Sayers Defendant } In Case. The Defendant having put in her plea and the Plaintiff joining in the issue the trial thereof is refered to the next Court.
AugustaOB8:265 24 September 1763
CASE 3
Thos Bowyer & Jas McDowell Plts against Adam Thompson Defendant } In Debt. The Defendant not being arrested on the Plaintiffs motion an alias capias is awarded them against the said Defendant returnable here the next Court.
AugustaOB8:87 25 April 1763
Thomas Bowyer and Jas McDowell Plts against Adam Thompson Defendant } In Debt. The Defendant not being arrested on the Plaintiffs motion a plurias capias is awarded him against the said Defendant returnable here the next Court.
AugustaOB8:181 25 June 1763
Thomas Bowyer & Jas McDowell Plts against Adam Thompson Defendant } In Debt. The Defendant not appearing ordered that Judgment be entered for the Plaintiff against the said Defendant and Security for the Debt in the Declaration mentioned and Cost unless the said Defendant appear at the next Court and Plead.
AugustaOB8:266 24 September 1763
CASE 4
Thomas Bowyer James McDowell Plaintiffs against Mathew Roberts Deft } On Petition. The Defendant being summoned and not appearing the Plaintiffs by their Oaths proved their account against him for two pounds one shilling and three pence Judgment is therefore granted the Plaintiffs against the said defendant for the same together with Cost and the Defendant in Mercy &C. Cost Tobacco
AugustaOB8:155 24 June 1763
CASE 5
Thomas Bowyer and James McDowell Plaintiffs against James Bratton Defendant } On Petition. The Defendant being summoned and not appearing the Plaintiffs by their Oath proved their account against him for two pounds two shillings and ten pence Judgment is therefore granted the Plaintiffs against the said Defendant for the same together with the Cost and the Defendant in Mercy &C Cost Tobacco.
AugustaOB8:155 24 June 1763
CASE 6
Thomas Bowyer and James McDowell Plaintiffs against James Hamilton Senr Deft } On Petition. The Defendant being summoned and not appearing the Plaintiffs by their Oath proved their account against him for two pounds six shillings and nine pence Judgment is therefore granted the plaintiff against the said Defendant for the same together with the Cost and the Defendant in Mercy &C. Cost Tobacco
AugustaOB8:155-156 24 June 1763
CASE 7
Thomas Bowyer and James McDowell Plaintiffs against James Shaw Defendant } On Petition. The Defendant not being summoned on the Plaintiffs motion an alias summons is awarded them against the said Defendant returnable here the next Court
AugustaOB8:156 24 June 1763
Thomas Bowyer and James McDowell Plaintiffs against James Shaw Defendant } On Petition. The Defendant not bing summoned on the Plaintiffs motion a plurias summons is awarded them against the said Defendant returnable here the next Court.
AugustaOB8:306 24 September 1763
Thomas Bowyer and James McDowell Plaintiffs against James Shaw Defendant } On Petition. The Defendant being summoned and not appearing the Plaintiffs by their Oaths proved their account against him for two pounds nine shillings and one penny half penny Judgment is therefore granted the Plaintiffs against the said Defendant for the same together with Cost and the Defendant in Mercy &C. Cost 138 Tobacco.
AugustaOB8:477 26 March 1764
CASE 8
Thomas Bowyer and James McDowell Plaintiffs against James Jackson Defendant } On Petition. The Defendant not being summoned on the Plaintiffs motion an alias summons is awarded them against the said Defendant returnable here the next Court.
AugustaOB8:156 24 June 1763
Thomas Bowyer and James McDowell Plaintiffs against James Jackson Defendant } On Petition. This suit being abated by the Death of the Defendant is dismissed.[
Chalkley 1, 109]
AugustaOB8:306 24 September 1763
CASE 9
Thomas Bowyer and James McDowell Plaintiffs against John Malcome Defendant } On Petition. This suit being agreed is dismissed.
AugustaOB8:156 24 June 1763
CASE 10
Thomas Bowyer and James McDowell Plaintiffs against John Cunningham Defendant } On Petition. The Defendant not being summoned on the Plaintiffs motion an alias summons is awarded them against the said Defendant returnable here the next Court.
AugustaOB8:156 24 June 1763
Thomas Bowyer and James McDowell Plaintiff against John Cunningham Defendant } On Attachment. Roger Keys a Constable having returned that of the Estate of the Defendant he had attached one steer and the Defendant being called and not appearing the Plaintiffs by their Oath proved their account against him for one pound six shillings and six pence Judgment is therefore granted the Plaintiff against the said Deft for the same and Cost and it is ordered that the Sheriff sell the steer attached according to Law and that out of money arising thereby he pay the Plts their Debt and Cost if it will amount thereto and that otherwise they have execution against the said Deft for the residue. Cost 91 Tobacco at 5%
AugustaOB8:229 21 September 1763
Thomas Bowyer and James McDowell Plaintiffs against John Cunningham Deft } On Petition. This suit is on the Plaintifs motion dismissed.
AugustaOB8:306 24 September 1763
CASE 11
Thomas Bowyer and James McDowell Plaintiffs against Edward W. Mullen Defendant } On Petition. The Defendant not being summoned on the Plaintiffs motion an alias summons is awarded them against the said Defendant returnable here the next Court
AugustaOB8:156 24 June 1763
CASE 12
Thomas Bowyer and James McDowell Plaintiffs against Robert Adair Defendant } On Petition. The Defendant being summoned and not appearing the Plaintiffs produced his Penal Bill for two pounds sixteen shillings and one penny Judgment is therefore granted the Plaintiffs against the said Defendant for the same together with Cost and the Defendant in Mercy &C
But this Judgment is to be discharged on the payment of one pound eight shillings and one half penny with Interest at the rate of five percentum per annun to be computed from the first day of October 1762 until paid and Costs. Cost Tobacco
AugustaOB8:156-157 24 June 1763
CASE 13
Thomas Bowyer & James McDowell Plts against Samuel Cloyd and Nenian Cloyd Defts } In Debt. The Defandants not appearing ordered that Judgment be entered for the Plts against the said Defendants and John Buchanan Gent sheriff of this County for the Debt in the Declaration mentioned and Cost unless the said Defendant appear at the next Court and Plead.
AugustaOB8:193 25 June 1763
CASE 14
Thomas Bowyer & James McDowell Plts against Nathaniel Lyon Defendant } In Debt. The Defendant not being arrested on the Plaintiffs motion an alias capias is awarded them against the said Defendant returnable here the next Court.
AugustaOB8:193 25 June 1763
Thomas Bowyer and James McDowell Plts against Nathaniel Lyon Defendant } In Debt. The Deft not being arrested on the Plaintiffs motion a plurias capias is awarded them against the said Deft returnable here the next Court.
AugustaOB8:277 24 September 1763
Thomas Bowyer and James McDowell Plaintiffs against Nathaniel Lyon Defendant } In Debt. The Defendant not appearing ordered that Judgment be entered for the Plaintiff against the said Defendant and John Buchaan Gent late Sheriff of this County for the Debt in the Declaration mentioned and cost unless the said Defendant appear at the next Court and Plead.
AugustaOB8:356 18 November 1763
CASE 15
Thomas Bowyer & James McDowell Plts against Francis Kirtlay Defendant } In Debt. This suit being agreed is dismissed.
AugustaOB8:193 25 June 1763
CASE 16
Thomas Bowyer and James McDowell Plaintiffs against William Lapsley Defendant } An attachment. The Sheriff having returned that of the Estate of the Defendant he had attached a wheat stack two acres of corn one bellows one anvil one vise one cow and some tubs and vessells and the Defendant being called and not appearing the Plaintiffs by their Oath proved their account against him for five pounds eight shillings and seven pence Judgment is therefore granted the Plaintiffs against the said Deft for the same and Cost and it is ordered that the sheriff sell the attached effects according to Law and that out of the money arising thereby he pay the Plaintiff their Debt and Cost if it will amount thereto and that otherwise they have execution against the said Defendant for the residue. Cost 91 Tobacco at 5%
AugustaOB8:225 21 September 1763
James Gilmore Plaintiff against William Lapsley Deft } On attachment. [Constable attaches property and Sheriff ordered to sell] and that (after paying Thomas Bowyer and James McDowell their Judgment) …
AugustaOB8:226 21 September 1763
James McGavock Plaintiff against William Lapsley Deft } On attachment. [Constable attaches property and Sheriff ordered to sell] and that (after paying Thomas Bowyer and James McDowell and James Gilmore their Judgments and costs as first attachers) …
AugustaOB8:226 21 September 1763
Joseph Lapsley Plaintiff against William Lapsley Deft } On attachment. [Constable attaches property and Sheriff ordered to sell] and that (after paying Thomas Bowyer and James McDowell James Gilmore James McGavock their Judgments and costs as first attachers … ) …
AugustaOB8:227 21 September 1763
CASE 17
Thomas Bowyer and James McDowell Plaintiffs against Felix Gilbert Administrator of Lawrance Hunoman Deft } On Petition. This day came as well the Plaintiffs by their attorney as the Defendant in his proper person and the said Plaintiffs by their Oaths proved their account against the Intestate for two pound two shillings and eleven pence and the said Defendant says that he cannot gainsay but that the debt aforesaid is just and yet unpaid but that he had no goods or chattels which belonged to the said Laurance Hunoman at the time of his Death in his hands to be administered therefore it is considered that the Plaintiff recover against the said Defendant two pounds two shillings and eleven pence the Debt aforesaid and the cost by them in this behalf expended to be levied of the goods and chattels which belonged to the said Laurance Hunoman at the time of his death which shall hereafter come to the hands of the said Defendant to be administered and the Defendant in Mercy &C. Cost Tobacco.
AugustaOB8:383 19 November 1763
CASE 18
Thomas Bowyer and James McDowell Plaintiff against Catharine Carpenter Deft } On Petition. The Defendant being summoned and not appearing the Plaintiffs by their Oath proved their account against her for three pounds three shillings and three pence Judgment is therefore granted the said Defendant for the same together with Cost and the Defendant in Mercy &C. Cost Tobacco.
AugustaOB8:383 19 November 1763
CASE 19
Thomas Bowyer and James McDowell Plaintiff against John Stewart Defendant } In Case. Israel Christian Gent in open Court undertook for the Defendant that in case he should be cast in this suit he would pay the condemnation of the Court or render his body to prison for the same or that he the said Israel Christian would do it for him and thereupon the Defendant by his Attorney prayed and had leave to Imparl here until the next Court.
AugustaOB8:462-463 26 March 1764
Thomas Bowyer and James McDowell Plaintiffs against John Stewart Defendant } In Case. The Defendant by his Attorney says that he did not assume in manner and form as the Plaintiffs against him complain and of this he puts himself upon the Country and the Plaintiff likewise therefore the trial of the Issue is refered to the next Court.
AugustaOB9:19 22 June 1764
Thomas Bowyer and James McDowell Plaintiffs against John Stewart Defendant } In Case. This day came the parties by their Attornies and thereupon came also a Jury, to wit [List] who being elected tried and sworn the truth to speak upon the Issues jointed upon their Oaths do say that the Defendant did assume in manner and form as the Plaintiffs against him hath declared and do assess the Plaintiffs Damages by occasion of the nonperformance of the assumption to seven pounds sixteen shillings and five pence besides their Costs therefore it is considered that the Plaintiffs recover against the said Defendant their Damages aforesaid in form aforesaid assessed together with their Costs by them in this behalf expended and the Defendant in Mercy &C. Cost 274 Tobacco at 5%.
AugustaOB9:98-99 24 August 1764
CASE 20
Thomas Bowyer and James McDowell Plaintiff against William Shillern Defendant } In Case. Thus suit being agreed is dismissed.
AugustaOB8:463 26 March 1764
CASE 21
Thomas Bowyer and James McDowell Plaintiffs against James Ward Defendant } In Debt. This suit being agreed is dismissed.
AugustaOB8:463 26 March 1764
CASE 22
Thomas Bowyer and James McDowell Plaintiffs against Andrew Campbell Deft } On Petition. The Defendant being summoned and not appearing the Plaintiffs by their Oaths proved their account against him for one pound eight shillings and three pence Judgment is therefore granted the Plaintiffs against the said Defendant for the same together with Costs and the Defendant in Mercy &C.
AugustaOB8:480 26 March 1764
CASE 23
Thomas Bowyer and James McDowell Plaintiffs against Alexander Campbell Deft } On Petition. The Defendant being summoned and not appearing the Plts by their Oaths proved their account against him for two pounds four shillings and one penny Judgment is therefore granted the Plaintiffs against the said Defendant for the same together with Costs and the Defendant in Mercy &C.
AugustaOB8:480 26 March 1764
CASE 24
Thomas Bowyer and James McDowell Plaintiffs against David Henderson Defendant } On Petition. This suit being agreed is dismissed.
AugustaOB8:480 26 March 1764
CASE 25
Thomas Bowyer and James McDowell Plaintiff against Michael Weaver Defendant } On Petition. The sheriff having returned a copy left and the Defendant not appearing the Plaintiffs by their Attorney produced their Penal Bill for two pounds fourteen shillings and six pence Judgment is therefore granted the Plaintiffs against the said Defendant for the same together with Costs and the Defendant in Mercy &C
But this Judgment except as to the Cost is to be discharged on the Paiment of one pound & seven shillings and three pence with Interet thereon at the rate of five per centum per annum to be computed from the sixthe day of October one thousand seven hundred and sixty three until paid.
AugustaOB9:55 22 June 1764
CASE 26
Thomas Bowyer and James McDowell Plaintiff against John Graham Defendant } On Petition. This suit being agreed is dismissed.
AugustaOB9:55 22 June 1764
CASE 27
Thomas Bowyer and James McDowell Plaintiff against Lofty Pullen Defendant } On Petition. This suit being agreed is dismissed.
AugustaOB9:55 22 June 1764
CASE 28
Thomas Bowyer and James McDowell Plaintiffs against Joseph Bell Defendant } On Petition by Account. This day came the parties aforesaid by their Attornies and the Defendant said that he did not assume to pay the Debt in the Petition mentioned or any part thereof for the trial of which the parties put themselves upon the Court who having heard the witnesses and arguments of either party do adjudge that the Deft is indebted to the said Plaintiffs in the sum of two pounds three shillings and five pence Therefore it is considered that the Plaintiffs recover against the said Defendant the said sum of two pounds three shillings and five pence and their Costs by them in this behalf expended and the Defendant in Mercy &C.
AugustaOB9:55 22 June 1764
CASE 29
Thomas Bowyer and James McDowell Plaintiff against James Robinson Defendant } On Petition. The Sheriff having returned a Copy left and the Defendant not appearing the Plaintiffs by their Oaths proved their account against him for one pound fifteen shillings and nine pence Judgment is therefore granted the Plaintif against the said Defendant for the same together with Costs and the Defendant in Mercy &C.
AugustaOB9:56 22 June 1764
June 1764 (C). Bowyer vs. Robinson.—James Robinson, dancing master, debtor. 1763, March 13th. To half a piece of nankeen, at 11/3. To 1½ yards brown Holland, 3/6. To 1 small book. To your assmsit for Cowan. Ex's p'r Thomas Bowyer and James McDowell.
AugustaCourt: [
Chalkley 1, 449]
CASE 30
Thomas Bowyer and James McDowell Plaintiff against Andrew Greer Defendant } On Petition. Continued at the Defts motion and costs.
AugustaOB9:154 26 August 1764
Thomas Bowyer and James McDowell Plaintiffs against Andrew Greer Defendant } On Petition. The Defendant being summoned and not appearing the Plaintiff having by their Oaths in August last proved their account against him for two pounds eighteen shillings and six pence Judgment is therefore granted the Plaintif against the said Defendant for the same together with Costs and the Defendant in Mercy &C.
AugustaOB9:222 23 November 1764
[On the Petition] of James McDowell against Andrew Greer, Judgment as above [Judgment is granted the Plaintiff] for [blank] & Costs.
AugustaOB14:323 28 November 1771
CASE 31
Thomas Bowyer and James McDowell Plaintiffs against Elizabeth Burbridge Deft } On Petition. The Sheriff having returned a copy left and the Deft being called and not appearing the Plaintiffs by their Oaths proved their account against her for two pounds four shillings Judgment is therefore granted the Plaintiffs against the said Defendant for the same together with Costs and the Defendant in Mercy &C.
AugustaOB9:326 25 March 1765
CASE 32
Thomas Bowyer and James McDowell Plaintiffs against William Hook Deft } On Petition. The Sheriff having returned a copy left and the Deft being called and not appearing the Plaintiffs by their Attorney produced his Penal Billl for two pounds eight shillings Judgment is therefore granted the Plaintiffs against the said Defendant for the same together with the Costs and the Defendant in Mercy &C
But this Judgment except as to the Costs is to be discharged on the Paiment of one pound four shillings with Interest thereon at the rate of five per centum per annum to be computed from the first day of March 1764 until paid.
AugustaOB9:326 25 March 1765
CASE 33
Thomas Bowyer and James McDowell Plaintiffs against John Mckenny Defendant } On Petition. This suit being agreed is dismissed.
AugustaOB9:326 25 March 1765
CASE 34
Thomas Bowyers and James McDowell Plaintiffs against James Poage Defendant } On Petition. The Defendant not being summoned on the motion of the Plaintiffs an alias summons is awarded them against the said Defendant returnable here the next Court.
AugustaOB9:326 25 March 1765
Thomas Bowyer and James McDowell Plaintiff against James Poage Defendant } On Petition. This suit being agreed is dismissed.
AugustaOB9:419 25 May 1765
CASE 35
Thomas Bowyer and James McDowell Plaintiffs against Margaret Cameron Deft } On Petition by Account for 3.3.1. This day came the Parties aforesaid by their Attornies and the Defendant said that she did not assume to pay the Debt in the Petition mentioned or any part thereof for the trial of which the parties put the ___ upon the Court who having heard the witnesses and arguments of either party do adjudge that the Defendant is indebted to the said Plaintiffs in the sum of nineteen shillings and three pence. Therefore it is considered that the Plaintiffs recover against the said Defendant the said sum of nineteen shillings and three pence and their Costs by them in this behalf expended and the Defendant in Mercy &C.
AugustaOB9:327 25 March 1765
CASE 36
Thomas Bowyer and James McDowell Plaintiffs against John Patterson defendant } On Petition. This suit being agreed is dismissed.
AugustaOB9:327 25 March 1765
CASE 37
Thomas Bowyer and James McDowell Plaintiff against Jacob Peters Defendant } In Debt. This suit being agreed is dismissed.
AugustaOB10:84 21 October 1765
CASE 38
Thomas Bowyer and James McDowell Plaintiffs against Robert Armstrong Deft } On Petition. The Defendant not being summoned on the motion of the plaintiffs an alias summons is awarded them against the said Defendant returnable here the next Court.
AugustaOB10:142 22 October 1765
Thomas Bowyer, James McDowell Plaintiffs against Robert Armstrong Defendant } On Petition. Continued.
AugustaOB10:428 25 November 1766
Thomas Bowyer and James McDowell Plts against Robert Armstrong Defendant } On Petition. Continued.
AugustaOB11:34 23 March 1767
John Hughes a witness from Hanover County having made Oath that he had attended two days as a witness for Thomas Bowyer and James McDowell against Armstrong and one coming and returning one hundred miles, it is ordered that they pay him for the same three hundred and fifty pounds of Tobacco.
AugustaOB12:150 18 May 1768
Thomas Bowyer and James McDowell Plaintiffs against Robert Armstrong Defendant } On Petition. The Defendant being summoned and being called and not appearing the Plaintiffs by their Oath proved their account against him for two pounds one shilling and four pence. Judgment is therefore granted the Plaintiffs against eh said Defendant for the same together with Costs and the Defendant in Mercy &C.
AugustaOB12:269 23 May 1768
CASE 39
Thomas Bowyer and James McDowell Plaintiffs against James Stewart Defendant } On Petition. The Defendant not being summoned and being called and not appearing the Plaintiffs by their Oaths proved their account against him for one pound six shillings and seven pence half penny Judgment is therefore granted the Plaintiffs against the said Defendant for the same together with Costs and the Defendant in Mercy &C.
AugustaOB10:142 22 October 1765
CASE 40
Thomas Bowyer and James McDowell Plaintiffs against Bryce Russell Defendant } On Petition. By consent it is considered that the Defendant pay unto the Plaintiffs their Costs by them in this behalf expended and the Defendant in Mercy &C.
AugustaOB10:314 26 August 1766
CASE 41 (Greenbrier County)
Thomas Bowyer & James McDowell Pltf Agst James Williams Deft } On Petition. The Same [Ordered that this suit be continued till next Court.] as the next above.
GreenbrierOBA:200 Saturday 23 August 1783
Thomas Bowyer & James McDowell against James Williams on petition for £1.13.6 due by note. The same Judgment as the next above for the Sd £1.13.6 and the Costs in this behalf expended &C.
GreenbrierOBA:277 Saturday 22 May 1784
CASE 1
Elizabeth McDowell Plt against Lyle's [Adson] Deft } In Debt.
The same ass Plt against the same Deft } The Defendant being arrested in both these Suits & not appearing on the motion of the Plaintiff by her Attorney, it is ordered that judgment be entered of for her against the said Defendant & his Security in both Suits the Debts in the declaration mentioned unless the said Defendant shall appear & plead to issue at next Court.
AugustaOB18:96 22 August 1783
CASE 2
Elizabeth McDowall Plt against Stuart Admr of Lyle Deft } In Debt
The Same Plt against the same Deft } The Defendant being arrested in both Suits and not appearing on the motion of the Plaintiff by his Attorney it is ordered that judgments be entered for him against the said Defendant & his Security for the Debts in the declaration mentioned unless the said Defendant shall appear & plead to issue at next Court.
AugustaOB18:291 20 August 1784
Elizabeth McDowell Plt against James Stuart Admr of John Lyle decd Deft } In Debt The Defendant being again solemnly called and not appearing on the motion of the plaintiff by his Attorney it is considered that he recover against the said Defendant the sum of forty five pounds 15/ & his costs on this behalf expended to be levied of the goods and chattels of the deceased in his hands to be administered if so much thereof he hath, but if not then the loss to be levied of his proper goods and chattels & the said Defendant in mercy &C. But the judgment is to be discharged by the payment of twenty two pounds 17/6 with lawful interest thereon from the 1st Augt 1775 until paid & the costs.
The same ass Plt against the same admr Deft } In Debt. The same judgment as above for twenty four pounds to be discharged by the payment of twelve pounds with lawful interest thereon from the first day of March 1773 util paid & the Costs.
AugustaOB18:326 20 October 1784
Rockbridge County Cases
CASE 3
Elizabeth McDowell Plf against Thomas Hammon Def } In Case. This suit is ordered to be discontinued
RockbridgeOB1:190 3 May 1780
CASE 4
Elizabeth McDowell assignee of William Alexander Plaintiff against Thomas Alexander Defendant } In Debt. William Alexander Junr came into Court and undertook for the defendant that in case he shall be condemned in this action, he shall pay the Costs and condemnation of the Court or render his body to prison in Execution for the same or that he the said William Alexander will pay the Costs and condemnation for him.
RockbridgeOB1:359 7 January 1783
Eliza McDowell assignee of Wm Alexander Plfs against Thomas Alexander Deft } In Debt
RockbridgeOB1:373 6 March 1783
Elizabeth McDowell assignee of William Alexander Plaintiff against Thomas Alexander Defendant } Same [In Debt.]
RockbridgeOB1:399 7 May 1783
Elizabeth McDowell assignee of William Alexander Plaintiff against Thomas Alexander Defendant } In Debt. This day came the parties by their Attornies & the Defendants in these several suits having put in their Pleas, and the several Plaintiffs joining in the issues, the trials thereof is refered to the next Court.
RockbridgeOB1:427 7 August 1783
Elizabeth McDowell assignee of William Alexander Plaintiff against Thomas Alexander Defendant } In Debt. [These suits are ordered to be continued untill the next Court.]
RockbridgeOB1:504 6 November 1783
Elizabeth McDowell assignee of William Alexander Plaintiff against Thomas Alexander Defendant } In Debt. This day came the parties by their Attornies and thereupon came also a Jury Viz [List] who being elected tried and sworn the truth to speak upon the issue joined, upon their oath do say that the Defendant is indebted to the Plaintiff for ten pounds nineteen shillings and eight pence besides his Costs. Therefore it is considered that the Plaintiff recover against the said Defendant her debt aforesaid in form aforesaid assessed, also her Costs in this behalf expended & the said Defendant in Mercy &C.
RockbridgeOB2:11-12 3 March 1784
CASE 5
Elizabeth & Samuel McDowell, Admr of James McDowell deceased Plaintiffs against Hugh Hays & David Gray Defendants } In Debt. John Tedford came into Court & undertook for the defendant Gray that in case he shall be condemned in this action he shall pay the Costs & condemnation of the Count or render his body to prison in Execution for the same, or that he the said John Tedford will pay the Costs and condemnation for him.
RockbridgeOB1:362 4 February 1783
Elizabeth McDowell and Samuel McDowell admrs of James McDowell deceased Plaintiff against Hugh Hays & David Gray Defendants } In debt. This suit abates as to the defendant Hays, the Sheriff having returned that he is no inhabitant of this County, whereupon came the parties by their Attornies & the defendant Gray, by his Attorney prays Oyer of the Bond in this suit, which unto him is granted.
RockbridgeOB1:376 6 March 1783
Elizabeth McDowell & Samuel McDowell administrators of James McDowell decd Plaintiffs against David Gray & Hugh Hays Defendts } Same. [In Debt.]
RockbridgeOB1:399 7 May 1783
Elizabeth McDowell & Samuel McDowell admrs of James McDowell deceased Plaintiffs against Hugh Hays & David Gray Defendant } In Debt. This day came the parties by their Attornies & the Defendants in these several suits having put in their Pleas, and the several Plaintiffs joining in the issues, the trials thereof is refered to the next Court.
RockbridgeOB1:427 7 August 1783
Elizabeth McDowell & Samuel McDowell Admrs of James McDowell deceased Plaintiff against Hugh Hays & David Gray Defendant } In Debt [These suits are ordered to be continued untill the next Court.]
RockbridgeOB1:504 6 November 1783
Elizabeth McDowell and Samuel McDowell Admrs of James McDowell deceased } Plaintiffs against Hugh Hays and David Gray Defendants } In Debt. By agreement of the parties this suit is ordered to be discontinued at the Costs of the Defendants.
RockbridgeOB2:10 3 March 1784
CASE 6
Elizabeth McDowell Plaintiff against John Peoples & Samuel Henry Defendant } In Debt. The Defendant Peoples being arrested and not appearing tho solemnly called, on the motion of the Plaintiff by his Attorney it is ordered that Judgment be entered for the Plaintiff against the said Defendant for her Debt in the declaration unless the said Defendant shall appear and plead to issue at the next Court, and as to the Defendant Henry this suit is ordered to be discontinued.
RockbridgeOB1:434 7 August 1783
Elizabeth McDowell Plaintiff against John Peoples Defendant } In Debt. The Defendant not appearing tho again solemnly called, on the motion of the Plaintiff by his attorney it is ordered that the Judgment obtained at the last Court be confirmed, and that the Plaintiff recover against the said Defendant and William McKee Esqr Sheriff of this County the sum of three hundred and ten pounds to be discharged on the payment of one hundred & fifty five pounds agreeable to the scale of depreciation in May 1780 which is in Specie two pounds eleven shillings and eight pence with lawful Interest thereon from 15th day of May 1780 till paid, also her Costs in this behalf expended, and the said Defendant in Mercy &C.
RockbridgeOB1:478 5 November 1783
CASE 7
Elizabeth McDowell guardian of James Plf against Josiah East Deft } In Case. The Defendant not appearing on the motion of the Plaintiff by her Attorney, an attachment is awarded her against the said Defendants Estate for twenty pounds and Costs returnable here the next Court.
RockbridgeOB2:139-140 8 September 1784
Elizabeth McDowell Guardian of James & Eliza McDowell orphans of Jas McDowell decd Plf against Josiah East Deft } In Case. The Sheriff. The defendant not appearing. On the motion of the Plaintiff by her Attorney, an Attachment is awarded her against the said Defendants Estate for £20 & Cost returnable here the next Court.
RockbridgeOB2:188 3 March 1785
Eliza McDowell Guardn of Jno [Sic: James] & Eliza Plaintiff against Josia East Defendant } In Case. The Defendant not appearing tho' again solemnly called, on the motion of the Plaintiff by her Attorney it is ordered that Judgment be confirmed and that the Plaintiff recover what damages she hath sustained by occasion of the Defendants nonperformance in the declaration mentioned to be ascertained upon an Inquiry thereof by a Jury at the next Court, and in the meantime the Sheriff is ordered to make sale of a small pewter bason (taken by virtue of an attachment in this suit) and the money arising therefrom to pay to the Plaintiff in part of this Judgment &C.
RockbridgeOB2:213-214 7 April 1785
Eliza McDowell Guardn of Jas & Eliza McDowell Plt against Josiah East Deft } In Case This suit is ordered to be continued untill next Quarter Session.
RockbridgeOB2:395 3 May 1786
Eliza McDowell Guardn of Jas & Eliza McDowell Infants of James McDowell Decd Plts against Josiah East Deft } In Case. This day came the Plaintiff by Michael Bowyer her Attorney and thereupon came also a Jury, to wit [List] who being elected tried and sworn well and truly to enquire of the damages agreeable to the order of last Court upon their Oaths do say that the Plaintiff hath sustained damages by occasion of the Defendants nonperformance in the declaration mentioned to £19.10.0. Therefore it is considered that the Plaintiff recover against the said Defendt his damages aforesaid in form aforesaid & also his Costs in this behalf expended and the said Defendant in Mercy &C.
RockbridgeOB2:422 2 August 1786
CASE 8
[List of suits] Elizabeth McDowell Plt against Andrew Hays Deft } In Debt. The Defendants in these several suits being arrested & not appearing tho solemnly called on the motion of the Plts by their Attornies it is ordered that Judgment be entered for them against the said Defts & their Bails, to wit, [List of names] for their Debts in the declarations mentioned unless the said Defts shall appear & plead to issue at the next Court.
RockbridgeOB2:355 9 March 1786
CASE 9
George Hancock Plaintiff against Jeremiah Carpenter Defendant upon an Attachment. Elizabeth McDowell garnishee sworn declares from what she understands of the matter the Estate of James McDowell deceased is not indebted to the Defendant but that a ballance is due said Estate from him &C.
RockbridgeOB2:467 7 November 1786
CASE 10
John Bowyer & Francis Smith Survg Trustees of Botetourt against Eliza McDowell Guardian for James & Eliza McDowell Orphans of James McDowell Decd. This suit is continued untill next Quarter Session and it is ordered that the Deft pay Costs thereof.
RockbridgeOB2:517 8 March 1787
John Bowyer and Francis Smith Surviving Trustees for selling Lotts in Bortetourt Pltffs against Elizabeth McDowell Guardian of Elizabeth & James McDowell Deft } In Debt. This suit is ordered to be continued at the Costs of the Defendant.
RockbridgeOB2:546 2 May 1787
CASE 11
Elizabeth McDowell Guardian of Elizabeth & James McDowell Pltff against Jonathan Whitley Deft } This suit is ordered to be continued until next Quarter Session & on motion of the Plaintiff leave is granted to take the deposition of Robert Alexander Esquire, it appearing to the Court a subpoena has issued but he being Clerk of Campbell County it is alledged he cannot attend as the Court of said County meets the same week of this Court.
RockbridgeOB2:551 3 May 1787
APPENDIX VI: Court Cases of William McDowell of Augusta County
CASE 1
William McDowell ass Plt against Joseph Ray Deft } In Debt. Joined.
AugustaOB14:41 20 October 1769
William McDowal ass of William McGee Plt against Joseph Ray Deft } In Debt. The same judgement as above for eight pounds 15% & Ints from 27th Septr 1758 Costs.
AugustaOB14:76 26 March 1770
McDowell vs Ray John Black security for his appearance delivered him up in custody of the Sheriff and Patrick Christian Special bail.
AugustaOB15:228 17 November 1773
William McDowel Plaintiff against Joseph Ray Defendant } In Debt. Spl Bail. The Defendant by his Attorney saving to himself all advantages of exceptions as well to the Writ as to the declaration of the Plaintiff prayed and had leave to imparl here untill next Court.
AugustaOB15:284 20 November 1773
William McDowell Plaintiff against Joseph Ray Defendant } In Debt. The Defendant by his Attorney said that he has paid the Debt in the declaration mentioned and of this he puts himself upon the Country, and time is given the Plaintiff until next Court to consider the plea.
AugustaOB15:386 21 March 1774
William McDowel Plaintiff against Joseph Ray } In Debt
AugustaOB15:492 21 May 1774
William McDowall Plt against Joseph Ray Dft } In Debt. This day came the parties by their Attornys and thereupon came also a jury, to wit [List] who being elected tried and sworn the truth to speak upon the issue joined do say that the Defendant is indebted to the Plaintiff the sum of eleven pounds sixteen shillings and four pence, therefore it is considered by the Court that the Plaintiff recover against the said Defendant the said sum and his costs in this behalf expended and the said Defendant in Mercy &C.
But this judgment is to be discharged by the payment of five pounds eighteen shillings and two pence with lawfull interest from the first day of March 1772 and his Costs.
AugustaOB16:436-437 18 March 1779
CASE 2
John Ramsay Plt against William McDowell Deft } In trespass. Agreed.
The same Plt against the same Deft} In trespass assault & battery. Agreed.
The same Plt against the same Deft } In case.
The same Plt against the same Deft } Agreed.
AugustaOB14:210 28 March 1771
CASE 3
William McDowell Plt against Gasper Fulmore Deft } On attachment. Attachment as Garneshee continued.
AugustaOB14:370 20 May 1772
William McDowell Plt against Gasper Fulmore Deft } On Attachment. Joseph Lair a [Garous] here being sworn declares that of the Estate of the Defendant he has £2.5.6.
AugustaOB14:410 20 August 1772
McDowell Ass Plt against Filmore Deft } The Sheriff having returned on the att. executed on & costs. Order of sale as above. And ordered that the same Judgment as above for £[blank]. The money in the hands of the Gar. McGill be condemed for the __ of the Plt after sales _ying sd McGill.
AugustaOB14:419 22 August 1772
CASE 4
William McDowell Plaintiff against Adam Painter Defendant } On Attachment. It being fully proved to the Court by the Oath of Gabriel Jones Esquire that Jacob Moyer a Garnishee in this cause had sufficient in his hands to satisfy the Plaintiff Debt and Cost which will be due in April the year 1775 and the deft not appearing the solemnly called the Plts Attorney produced an account proved for five pounds fourteen shillings and nine pence Judgment is therefore granted the Plaintiff against the said deft for the same and Cost and it is ordered that so much of the money in the Garnishees hands as will satisfy the Plts Judgment and Cost be condemned and paid to the Plaintiff in satisfaction of his Judgment and Cost.
AugustaOB15:169 19 August 1773
CASE 5
William McDowell Plaintiff against John Reed Defendant } Upon attachment. On the motion of the Plaintiff by his Attorney the suit is ordered to be continued.
AugustaOB16:78 20 June 1775
William McDowell Plaintiff against John Reed Defendant } Upon attachment. Thomas Smith & James Culbertson being summoned as garnishees for the Defendant declared that they had nothing in possession the property of the said Defendant & Sampson Mathews a garnishee declared that he could not ascertain what he had in his hands untill the next Court & the Plaintiff having proven his account the suit is ordered to be continued till ye next Court.
AugustaOB16:107 21 March 1776
William McDowall Plt against John Reed Deft } In attachment. Thomas [Lance] being summoned as a garnishee and not appearing on the motion of the Plaintiff an attachment is awarded him against the said garnishee returnable to next Court and Alexander McClenachan was another garnishee being sworn declared that he had nothing of the Defendants on his hands and Robert Reed another garnishee being sworn declared he was indebted to the Defendant one pound one shilling and ten pence half penny which was condemned for the use of the Plaintiff and it is ordered that this attachment be continued to be further served on the hands of Richard Madison.
AugustaOB16:414 17 March 1779
William McDowell Plt against John Reed Deft } On attachment. The Sheriff having returned on the attachment executed on one rifle gun of the estate of the said Defendant and he being solemnly called and not appearing, Judgment is granted the Plaintiff against him for the sum of four pounds nine shillings and 14½ according to account produced in Court and his Costs in this behalf expended, and it is ordered that the Sheriff make sale of the aforesaid rifle and pay the money arising from the sale thereof to the Plaintiff in discharge of this Judgment if it will amount thereto otherwise that he have execution against the Defendant for the residue.
AugustaOB16:459 19 May 1779
CASE 6
William McDowell Plt against James Langsby Deft } In Case. It is ordered that this suit is dismissed.
AugustaOB16:223 20 August 1777
CASE 7
William McDowal Plt against Alexander St. Clair Deft } In Ejectment. This day came the parties by their Attornies, and the said Defendant plead the general issue confessed the Case Entry of Ouster in the declaration supposed & entered into the common rule he insist on the Title only at the trial of the issue which is referred to the next Court and on the motion of the Plaintiff it is ordered that the survey of the County go upon the Lands in controversy upon the day of [blank] next of fair if not the next fair day and survey and lay off the same as each party shall require and return three fair plots & reports thereof to the Clerks Office some time before the next Court to be held for the County and that [blank] and [blank] Gent Justices of the Peace of the County or any one of them do then & there meet him & take the deposition of such witnesses as shall be produced on either side, which are to be returned with the said plots & reports & the Sheriff is to attend the said survey and remove force if any shall be offered. Ordered that a dedimus issue to take the deposition of Thomas Bowyer Esqr.
AugustaOB17:212 24 March 1780
William McDowell Plt against Alexander St. Clair Deft } In Ejectment The survey not being made upon the Land in question, this suit is ordered to be continued.
AugustaOB17:260 20 May 1780
William McDowell Plt against Alexander St. Clair Deft } In Ejectment. The Plaintiff having filed his replication to the Defendants answer and the Defendant joining on the issue the trial thereof is referred till next Court and a copy of the plot and replication to be made for the Defendant.
AugustaOB17:288 19 August 1780
William McDowell Plt against Alexander St. Clair Deft } In Ejectment. The suit is ordered to be continued and ruled for trial the second day of next August Court.
AugustaOB17:387 23 May 1782
William McDowell Plt against Alexander St. Clair Deft } In Ejectment. This day came the parties by their Attornies and thereupon came also a jury, to wit [List] who being elected tried and sworn the truth to speak upon the issue joined [delivered] a speci verdict in these words: [Long statement] and this suit is ordered to be continued for argument.
AugustaOB17:425 23 August 1782
William Hide made Oath that he had attended four days as a witness on the suit William McDowell against Alexander St. Clair ordered that he be payd him for the same according to Law & for coming & returnning thirty seven miles.
AugustaOB17:427 23 August 1782
William McDowell Plt against Alexander St. Clair Deft } In Ejectment. This day came the parties by their Attornies and thereupon all and singular the premises being [read] & by the Justices here fully understood & [Craken Iahbention] thereupon had it seems to the said Justices upon the whole matter contained in the special verdict aforesaid, that the Law is for the Defendant therefore it is considered by the Court that the Plaintiff take nothing by his Bill but his false clamour be in mercy, and that the Defendant go thereof hence without day and recover against the said Plaintiff the costs by him about his defense on this behalf expended and may have execution thereon &C from which judgment the Plaintiff prayed an appeal to the next General Court, which is granted him, he giving bond & security according to Law.
AugustaOB17:439 20 November 1782
CASE 8
William McDowell Plt against the same [William Long] Deft } In Case
AugustaOB18:125 16 September 1783
William McDowell Plt against William Long Deft } In Case
AugustaOB18:158 20 November 1783
William McDowell Plt against William Long Deft } In Case
AugustaOB18:299 25 August 1784
William McDowell Plt against William Long Deft } In Case.
AugustaOB18:330 20 October 1784
William McDowell Plt against William Long Deft } In Case. This day came the parties by their Attornies and thereupon came also a Jury viz. [List] who being elected tried & sworn the truth to speak upon the issue joined upon thier Oath do say that the Plaintiff did assume upon himself in manner and form as the Plaintiff against him hath declared and they do assess the Plaintiffs damage by occasion of the non performance of the promise & assumption aforesaid to eighteen pounds seven shills and two pence besides his Costs, therefore it is considered by the Court that the Plaintiff recover against the said Defendant his damages aforesaid in form aforesaid assessed, and his Costs in ths behalf expended and the said Defendant in Mercy &C.
AugustaOB19:213-214 19 August 1785
CASE 9
John Davis Plt against William McDowell & John Abney, Thomas Smith & Richard Madison Exors Deft } In Debt. The Sheriff having returned that the Defendant McDowell is no inhabitant of this County this Suit abates as to him. This day came the Plaintiff by his Attorney and John Abner Thomas Smith and Richard Madison in their proper persons acknowledged the Plaintiff's action … [
Chalkley 1, 234]
AugustaOB18:196-197 19 March 1784
CASE 10
William McDowell Plt against Samuel McIneney Deft } In Case. By agreement of the parties, these Suits are ordered to be discontinued.
AugustaOB18:206 24 March 1784
CASE 11
William McDowell Plt against Bells Exors Deft } In Case.
AugustaOB18:209 24 March 1784
William McDowell Plf against Florance Bell and Joseph Bell Exors &C of David Bell deceased Deft } In Case. This day came the parties by their Attornies and the defendants defend the force injury and damage &C and say that the said testator did not assume upon himself in manner and form as the Plaintiff against them hath complained, and of this they put themselves upon the Country, and time is given the Plaintiff till the next Court to consider the plea &C.
AugustaOB19:85 20 May 1785
William McDowell Plt against Florance Bell & Joseph Bell exors &C of David Bell deceased Deft } In Case.
AugustaOB19:301 23 March 1786
William McDowell Plt against Florance Bell & Joseph Bell exrs &C of David Bell deceased Defts } In Case. This day came the parties by their Attornies and thereupon a jury, to wit [List] being elected tried & sworn the truth to speak upon the issue joined upon their Oath do say that the said decedent did assume upon himself in manner & form as the Plt against him hath declared and they do assess the Plt damages by occasion of the nonperformance of the said assumpsit to forty two pounds 10/8 besides his Costs. Therefore it is considered by the Court that the Plt recover of the goods & chattles of the said Testator, in the hands of the said Executors to be administered, the damages aforesaid in form aforesaid assessed and his Costs in this behalf expended (the Attorneys fee execpted) &C.
AugustaOB20:94 16 August 1786
William McDowell Plt against Florance Bell & Joseph Bell exrs &C of David Bell deceased Deft } In Case. This day came the parties by their Attornies and the Defendants moved for a new trial on affidavit filed which was objected to by the Plt, and the objections being overruled a new trial is granted the defts paying costs.
AugustaOB20:103 17 August 1786
William McDowell Plt against Florance Bell & Joseph Bell exrs &C of David Bell deceased } In Case This day came the parties by their attornies, and thereupon the order for a new trial in this suit is set aside by consent, and it is considered by the Court that the Plt recover against the said Defts of the goods and chattles of the said testator in their hands to be administered forty two pounds 10/8 the damages found by the Jury aforesaid, and his Costs in this behalf expended if so much of the said goods & chattles they have in their hands to be administered, but if not that he recover the Costs aforesaid to be levied of their own proper goods & chattels.
AugustaOB20:289-290 18 May 1787
CASE 12
William McDowell against George Cray being agreed by the parties are ordered to be dismissed.
AugustaOB18:211 24 March 1784
CASE 13
Thomas Mynes Plt against William McDowell Deft } In Case. This day came as well the Plts by Geroge Nicholas their Attorney as the Defts by Michl Bowyer their Attorney, and the said Defendants severally prayed and have leave to imparl until the next Court and to plead.
AugustaOB19:337 24 March 1786
Thomas Mynes Plt against William McDowell Deft } In Debt.
AugustaOB20:139 22 August 1786
Thomas Mynes Plt against William McDowell Deft } In Case. This day came the parties by their attornies, and thereupon a Jury, to wit [List] being elected tried & sworn, the truth to speak upon the issue joined upon their oath do say that the deft did not assume upon himself as in pleading he hath alleged, therefore it is considered by the court that the Plt take nothing by his bill but for his false clamour be in Mercy &C. And that the Deft go thereof without day and recover against the said Plt his Costs about his defense in this behalf expended &C.
AugustaOB20:291-292 18 May 1787
Upon the Petition of William McDowell against Thomas Mynes, this day came the parties by their Attornies and having heard the evidence the said petition is dismissed and the Plt is ordered to pay unto the deft his Costs.
AugustaOB20:376 23 August 1787
William McDowell Plt against The same [KM: Thomas Mynes] Deft } On a Replevy Bond taken on a writ of Fieri Facias sued out of our said Court by the Plt against the goods & chattles of the Deft Mynes. The same Judgment as above for three pounds 3/ & costs. But this Judgment is to be discharged on the payment of one pound 11/6 with legal Interest thereon from the 2nd day of August 1787 until paid and the Costs and no security is to be taken.
AugustaOB20:421-422 20 November 1787
CASE 14
William McDowell Plt against John Lewis Deft } On a Writ of scire facias, on a recognizance of special Bail entered into by the Deft for William Long at the suit of the Plt. This day came the parties by their Attornies & thereupon a jury, viz [List] being elected tried & sworn the truth to speak upon the issue joined upon their Oath do say that the Deft hath not paid the Debt in the writ aforesaid mentioned which they say is eighteen pounds 18/ & they do assess the Plts damages by occasion of the Defts detention of the said Debt to one penny besides his Costs. Therefore it is considered by the Court that the Plt recover against the said Deft his Debt and damages aforesaid & his Costs in this behalf expended and the said Deft in Mercy &C.
AugustaOB20:159 22 August 1786
William McDowell Plt against John Lewis Deft } In Case.
AugustaOB20:487 21 March 1788
CASE 15
William McDowell assignee of Nicholas Teehorn Plt against David Cale Deft } In Debt Peter Cale and Robert Sharp undertook that if the Deft be cast in this suit he shall pay the condemnation of the Court or render his body to prison in execution for the same or that they will do it for him.
AugustaOB20:229 22 March 1787
William McDowell assignee of Nicholas Teehorn Plt against David Cale Deft } In Debt. This day came the parties by their Attorneys and the Deft relinquishing his former plea says nothing in bar of the Plts action. Therefore it is considered by the Court that the Plt recover against the said Deft. twenty four pounds the debt in the declaration mentioned and his Costs by him about his suit in this behalf expended and the said deft in mercy &C.
But this Judgment is to be discharged on the payment of twelve pounds with Interest thereon to be computed after the rate of 5 percentum per annum from the first day of February 1786 until payment of the Costs.
AugustaOB20:481 20 March 1788
CASE 16
The Commonwealth Plt against Samuel Carrol, William McDowell & Samuel Cargo Defts } On a sciri facias issued on a recognizance entered into by the said Defts for the maintenance of a bastard child which Margaret Fowler on oath hath charged the said Samuel Carrole with being the father of v sd Carrol £10 v McDowell & Cargo £5 each
This day came the attorney for the Commonwealth & the Defts being only warned & not appearing it is considered by the Court that the Execution be awarded against the said Defts, that is to say against the Deft Carrol for sum of ten pounds, and against the Defts McDowell & Cargo for the sum of five pounds each & the Costs & the said Defts may be taken &C.
AugustaOB20:266-267 15 May 1787
CASE 17
William McDowell Plt against Andrew Shown Deft } In Trespass
AugustaOB20:322 22 May 1787
William McDowell Plt against Andrew Shown Deft } In trespass. This day came the parties by their Attornies and on the motion of the Deft it is ordered that the Judgment & writ of Enquiry obtained in the office against the said deft and Jacob Swallow his Security be set aside and the said Deft says he is not guilty of the trespass in the declaration mentioned and of this he puts himself upon the Country, and the Plt likewise doth the same, and thereupon a Jury to wit [List] being elected tried and sworn the truth to speak upon the issue joined do say that the deft is not guilty of the trespass in the declaration mentioned as the said deft in pleading hath alledged, therefore it is considered by the court that the Plt take nothing by his bill but for his false clamour he together with his pledges be in mercy &C. And that the Deft go hence without day and recover against the said Plt his Costs about his defense in this behalf expended &C.
AugustaOB20:392 25 August 1787
On the motion of Jacob Swallow a witness for Andrew Shown at the suit of McDowell it is ordered that the said Shown pay unto him twenty five pounds of Tobacco for one days attendance according to Law.
AugustaOB20:395 25 August 1787
CASE 18
Upon the Petition of William McDowell against David Greiner this day came the Plt by his Attorney and the Deft being duly summoned and not appearing, it is considered by the Court that the Plt recover against the said Deft three pounds 7/6 specie due by note with legal Interest thereon from the first day of December 1786 until payment & his Costs in this behalf expended &C
AugustaOB20:369 22 August 1787
CASE 19
William McDowell Plt against Mary Teas Deft } In Debt. The same Judgment as above for seven pounds 7/9 specie with Interest thereon to be computed at the rate of 5 Pcent Pannum from the 25th day of November 1786 until payment & the Costs. And Credit is to be given for one pound paid in 1787.
AugustaOB20:485-486 20 March 1788
CASE 20
William McDowell Plt against Thomas Madison & Andrew Lewis exrs &C of John Madison decd Defts } In Case. On the motion of the Defts by their Attorney it is ordered that the Judgment & Writ of enquiry obtained against them in the office be set aside they having pleaded non assumpsit, and the Plt by his Attorney replying generally thereto and joining in the issue, the trial thereof is refered to the next Court.
AugustaOB20:486 20 March 1788
William McDowell Plt against Thomas Madison & Andrew Lewis exrs &C of John Madison deceased Defts } In Case. This day came the parties by their Attornies, and thereupon came also a Jury to wit [List] who being elected tried and sworn the truth to speak upon the issue joined upon their Oath do say that the said decedent in his life time did assume upon himself in manner and form as the Plt hath complained and they do assess the Plt damages by occasion of the nonperformance of the said assumpsit to fifty one pounds and 3 pence besides his Costs. Therefore it is considered by the Court that the Plt recover against the said Defts of the goods and chattles of the said decedents in their hands to be administered, his damages aforesaid in form aforesaid assessed and his Costs in this behalf expended if so much thereof they have, but if not that he recover the Costs of their own proper goods & chattels & the said defts in Mercy &C.
AugustaOB21:37-38 21 March 1789
CASE 21
William McDowell Plt agst James Ratledge Deft } Petition. This day came the parties by their Attorneys and the defendant having been duly summoned and served and the parties having been fully heard on both sides therefore it is considered by Court that the Plaintiff recover agst the said defendant for three pound three shillings and eight pence with legal interest thereon from the 17th day of December 1791 till the time of payment and his Costs by him in this behalf expended, the said defendant in Mercy &C.
AugustaOB22:144 21 May 1792
On the petition of William McDowell against James Rutledge for debt due by assumpsit; The same Judgment as above for three pounds three shillings & eight pence, with legal Interest thereon from the 17th day of December 1791 untill paid, and his Costs by him in this behalf expended.
AugustaOB22:123 21 May 1792
CASE 22
William McDowell Plt agst John Holmes Dft } Petition. This day came the parties by their Attornies and the defendant having been duly summoned and served with a copy of the petition as per account he being fully heard it is considered by the Court that the Plt recover against the said defendant for one pound eight shillings and two pence due by ballance of an account with legal interest thereon from the 17th of June 1791 till paid and the Costs by him in this behalf expended and the said defendant on the __ &C.
AugustaOB22:145 21 May 1792
On the Petition of William McDowell against John Holmes for debt due by balance of account. The defendant having been duly summoned and served with a copy of the Petition and account, and not appearing tho' solemnly called; It is considered by the Court that the petitioner recover against the said defendant one pound eight shillings and two pence with legal Interest thereon from the 11th day of June 1791 till paid, and his Costs by him in this behalf expended.
AugustaOB22:124 21 May 1792
CASE 23
On the Petition of William McDowell against William Correl for debt due by account. The same Judgment for two pounds ten shillings and three pence with legal Interest thereon from the 18th day of June 1794 till payment, and his costs by him in this behalf expended.
AugustaOB23:204 17 December 1794
CASE 24
William McDowell Plaintiff against Adam McClung & James McClung Defendants } In debt. William Steele comes into Court and undertakes for the Defendant that in case the said Defendant shall be cast in this suit they shall pay and satisfy the condemnation of the Court or render their bodies to prison in execution for the same, or that he the said William Steele will do it for them, and on the motion of the Defendants by their Attorney who plead owe nothing, to which the Plaintiffs attorney replied generally, it is ordered that the Judgment and Wirt of Enquiry obtained in the Office by the Plaintiff against the Defendants be set aside, and the trial of the issue is refered until November Court next.
AugustaOB23: 21 August 1795
CASE 25
William McDowell Plaintiff against Adam McChesney &C Defendants } In debt. The parties having agreed their suit, this cause is dismissed.
AugustaOB23:438 18 March 1796
APPENDIX VII: Court Cases of Rockbridge William McDowell
CASE 1
William McDowell Plaintiff against John Hays Defendant } In Case. Andrew Hays came into Court and undertook for the Defendant that in case he shall be condemned in this action he shall pay the condemnation of the Court or render his body to prison in Execution for the same, or that he the said Andrew Hays will pay the condemnation for the him.&C
RockbridgeOB1:416 5 August 1783
William McDowell Plaintiff against John Hays Defendant } In Case. This day came as well the Plaintiff by Michael Bowyer his Attorney as the Defendant by Andrew Moore his Attorney, and the said Defendant prayed and had leave to Imparl here untill the next Court to be held for the County, and to plead.
RockbridgeOB1:439 7 August 1783
William McDowell Plaintiff against John Hays Defendant } In Case. This day came the parties by their Attornies and the Defendant defends the force and wrong and so forth, and says that he did not assume upon himself in manner and form as the Plaintiff against him hath complained, and of this he puts himself upon his Country, and time till the next Court is allowed the Plaintiff to consider the said plea.
RockbridgeOB1:483 5 November 1783
William McDowell Plaintiff against John Hays Defendant } In Case.
RockbridgeOB2:16 4 March 1784
Upon the motion of James Culbertson a witness for John Hays at the suit of William McDowell it is ordered that the said Hays pay him two hundred and eleven pounds of Tobacco for three days attendance and traveling sixty eight miles according to Law.
RockbridgeOB2:85 6 May 1784
William McDowell Plaintiff against John Hays Defendant } In Case. This suit is ordered to be continued untill the next Court.
RockbridgeOB2:106 4 August 1784
William McDowell Plf against John Hays Deft } In Case. [The several suits are ordered to be continued untill the next Court.]
RockbridgeOB2:134 7 September 1784
William McDowell Plf against John Hays Deft } In Case. On the motion of the Defendant by his Attorney leave is granted him to take the deposition of James Culbertson de bene asse.
RockbridgeOB2:151-152 8 September 1784
William McDowell Plf against John Hays Deft } In Case. [These several suits are ordered to be continued untill next Court.]
RockbridgeOB2:177 2 March 1785
William McDowell Plaintiff against John Hayes Defendant } In Case. This suit is ordered to be continued untill next Court at the Plaintiffs Costs.
RockbridgeOB2:220 7 April 1785
William McDowell Plt against John Hays Deft } In Case. This suit is ordered to be continued untill next Court at the Plaintiffs costs.
RockbridgeOB2:235 4 May 1785
William McDowell Plt against John Hayes Deft } In Case. This day came the parties by their Attornies and thereupon came also a Jury, to wit [List] who being elected tried and sworn the truth to speak upon the issue joined upon their Oath do say that the Defendant did assume upon himself in manner and form as the Plaintiff hath against him declared and they do assess the damages by occasion thereof to seven pounds twelve shillings & seven pence therefore it is considered by the Court that the Plaintiff recover against the said Defendant his damages aforesaid in form aforesaid assessed and also his Costs by him in this behalf expended and the said Defendant in Mercy &C.
RockbridgeOB2:273-274 3 August 1785
On the motion of James Culbertson a witness for William McDowell Plaintiff against John Hayes Defendant ordered that he pay him 161 lbs of tobacco for six days attendance and travelling 68 miles coming & returning according to Law.
RockbridgeOB2:294 4 August 1785
CASE 2
William McDowell Plaintiff against Robert Stuart Defendant } In Case. Alexander Walker came into Court and undertook for the Defendant that in case he shall be condemned in this action he shall pay the condemnation of the Court or render his body to prison in Execution for the same, or that he the said Alexander Walker will pay the condemnation for him.
RockbridgeOB1:419 5 August 1783
William McDowell Plaintiff against Robert Stuart Defendant } In Case. The defendant being arrested and not appearing on the motion of the Plaintiff by his Attorney it is ordered that Judgment be entered for the Plaintiff against the said Defendant for what damages he hath sustained, to be inquired of by a Jury unless the said Defendant shall appear and plead to issue at the next Court.
RockbridgeOB1:439 7 August 1783
William McDowell Plaintiff against Robert Stuart Defendant } In Case. The Defendant being again solemnly called and not appearing on the motion of the Plaintiff by his Attorney it is ordered that the order of the last Court be confirmed and that the damages be ascertained upon an enquiry thereof by a Jury at the next Court.
RockbridgeOB1:483 5 November 1783
William McDowell Plaintiff against Robert Stuart Defendant } In Case. This day came the Plaintiff by his Attorney, and thereupon came the same Jury as above in the suit of Tedford against Townsley, who being elected tried and sworn well and truely to enquire of the damages in this suit, do assess the same to six pounds two shillings, agreeable to the scale in March 1781 in Specie one shilling and four pence farthing, with lawfull Interest thereon from 30th March 81 till paid. Therefore it is considered by the Court that the Plaintiff recover against the sd Defendant his damages aforesaid in form aforesaid assessed, and also his Costs in that behalf expended, and the said Defendant in Mercy &C.
RockbridgeOB2:59 7 April 1784
APPENDIX VIII: Court Cases of Hugh McDowell
CASE 1
Hugh McDowell Plt against Hugh Richey Deft } In Debt. The Defendant not appearing on the motion of the Plt by Michl Bowyer his Attorney an attachment is awarded him against the said Defts Estate for £17.14.6 returnable here the next Court.
AugustaOB19:344 24 March 1786
Hugh McDowell Plt against Hugh Richey Deft } In Debt. Philip Woolwine security for the Defendant delivered him in Court & he is prayed into custody of the sheriff & thereupon Jacob Cale & Jacob Olinger undertake that if the deft should be cast in this suit he will pay the condemnation of the Court or render his body to prison in execution for the same; or that they will do it for him, which special Bail was objected to by the Plt Attorney.
AugustaOB20:12 17 May 1786
Hugh McDowell Plt against Hugh Richey Defn } In Debt. On the motion of the several Defendants by their Attornies who severally pleaded payment, it is ordered that the Judgment obtained against them in the office be set aside and issues being joined the trial thereof is refered to the next Court.
AugustaOB20:96 16 August 1786
Hugh McDowell Plt against Hugh Richey Deft } In Debt. The same Judgment as above for seventeen pounds 14/6 & the Costs. But this Judgment is to be discharged on the payment of eight pounds 17/3 with legal Interest thereon from the 10th day of October 1785 until payment & the Costs.
AugustaOB20:274 16 May 1787
CASE 2
Hugh McDowell against James Kennerly
AugustaOB20:239 24 March 1787
Upon the Petition of Hugh McDowell against James Kennerly this day came the Plt by his attorney and the deft being duly summoned and not appearing Judgment is granted the Plt against him for one pound 11/7½ due by account with legal Interest thereon from the 18th day of January 1784 until payment & the Costs.
AugustaOB20:296 19 May 1787
CASE 3
Hugh McDowell against Thomas Smith
AugustaOB20:240 24 March 1787
CASE 4
Hugh McDowell against John Sharp
AugustaOB20:242 24 March 1787
CASE 5
Hugh McDowell Plt against Alexander McClenachan Deft } In Debt
Hugh McDowell assignee of Robert Campbell Plt against the same
AugustaOB20:327 22 May 1787
Hugh McDowell Plt against Alexander McClenachan Deft } In Debt
Hugh McDowell assignee of Robert Campbell Plt against The same Deft } In Debt.
AugustaOB20:372 22 August 1787
Hugh McDowell Plt against Alexander McClenachan Deft } In Debt. The several suits being agreed by the parties to be discontinued the Defts paying unto the Plts their Costs, the same is ordered accordingly.
AugustaOB20:595 22 August 1788
CASE 6
Hugh McDowell against John Gardner & Thomas Armstrong
AugustaOB20:463 19 March 1788
Hugh McDowell against Thomas Armstrong abates the sheriff having returned that the Defendants are "no inhabitants" of this County.
AugustaOB20:514 20 May 1788
Upon the petition of Hugh McDowell against John Gardner the same Judgment as above for one pound 12/10 with Interest thereon from the 6th day of October 1787 until paid & the Costs.
AugustaOB20:516 20 May 1788
CASE 7
Hugh McDowell against Peter Grass upon petition the same Judgment as above for one pound 10/5½ with Interest thereon from the 17th day of May 1787 until paid & the Costs.
AugustaOB20:465 19 March 1788
CASE 8
Hugh McDowell assignee of Thomas Hughart Gent late Sheriff of Augusta Plt against Hugh Richey & William Welsh Defts } In Debt.
AugustaOB20:469 19 March 1788
Hugh McDowell assignee of Thomas Hughart s.a.c. Plt against Hugh Richey and William Welch Defts } In Debt. This day came the parties by their Attornies and thereupon came also a Jury to wit [List] who being elected tried and sworn the truth to speak upon the issue joined upon their Oath do say that the Defts have not performed the condition of the writing obligatary in the declaration mentioned, as the Plt in replying hath alledged, and they do assess the Plts damages by occasion thereof to fourteen pounds 6/9 besides his Costs. Therefore it is considered by the Court that the Plt recover against the said Deft his damages aforesaid in form aforesaid assessed and his Costs in this behalf expended and the said Deft in Mercy &C.
AugustaOB21:157 19 November 1789
Hugh McDowell assignee of Thomas Hughart late Sheriff of Augusta Plt against Hugh Richey & William Welch Defts } In Debt. The Deft Richey having delivered in a schedule of his Estate and taken the Oath of an Insolvent Debtor, and having mentioned in the said Schedule a debt due from John Bosang of twelve pounds 15/ and the said Bosang being duly summoned was solemnly called but came not. Therefore it is considered by the Court that James Steel Gent Sheriff of this County recover against the said Bosang the aforesaid sum of twelve pounds 15/ and the Costs in this behalf expended for the use of the said Plt, and that he have execution thereof according to Law.
AugustaOB21:297 18 August 1790
Hugh McDowell assignee &C Plt against Hugh Richey &C Deft } In Debt. Owen Owens a garnishee being sworn & examined it appears to the Court that there is due from the said Owens to the Deft one pound 17/ [as] account rendered. Therefore it is considered by the Court that James Steele Gent. Sheriff of this County recover against the said Owens the aforesaid sum of one pound 17/ to the use of the Plt and his Costs in this behalf expended &C.
AugustaOB21:483 19 July 1791
CASE 9
Mary Campbell Plt against Hugh McDowell Deft } In Debt.
The Same Plt against The same Deft } In Debt. Alexander St. Clair esquire undertook that if the Deft be cast in these several suits he shall pay the condemnation of the Court or render his body to prison in execution for the same, or that he will do it for him.
AugustaOB20:534 23 May 1788
Mary Campbell Plt against Hugh McDowell Deft } In Debt. These suits being agreed by the parties to be discontinued the Plt paying unto the Deft his Costs, the same is ordered accordingly.
AugustaOB21:54 19 May 1789
CASE 10
Hugh McDowell Plt against John Wilson Deft } In Debt. Jacob Kinney undertakes that if the Deft be cast in this suit he shall pay the condemnation of the Court or render his body to prison in execution for the same, or that he will do it for him.
AugustaOB20:539 24 May 1788
CASE 11
James Crawford Plaintiff against Alexander St. Clair & Jacob Kinney executors &C of Hugh McDowell decd Defendants } In debt. This day came the parties by their attornies and the defendant by their attorney plead payment to which the Plaintiff's attorney replied generally. It is therefore ordered that the Judgment obtained in the office by the Plaintiff against the defendants be set aside and the trial of this cause is refered till November Court next.
AugustaOB23:153 23 August 1794
James Crawford Plaintiff against Alexander St. Clair and Jacob Kinney Executors &C of Hugh McDowell decd } Defendants } In debt. This day came the parties by their attornies who waived the issue plea whereof they had put themselves upon the Country, and the attorney for the defendant saith that he is not advised of any defence. Therefore it is considered by the Court that the Plaintiff recover against the defendants twelve pounds seventeen shillings and a half penny the debt in this declaration mentioned, besides his costs by him about his suit in this behalf expended, to be levied of the goods and chattels of their Testator when sufficient thereof shall come to the hands of the said defendants to be administered.
AugustaOB23:286-287 21 May 1795
James Crawford Plaintiff against Alexander St. Clair & Jacob Kinney Executors &C of Hugh McDowell decd } In debt. This day came the parties by their attornies, who waived the issue plea whereof they had put themselves upon the County, and the attorney for the defendants saith that he is not advised of any defence. Therefore it is considered by the Court that the Plaintiff recover against the defendants two hundred and twenty five pounds one shillings and ten pence, and his costs by him about his suit in this behalf expended, to be levied of the goods and chattels of their Testator when sufficient thereof shall come to their hands to be administered.
But this Judgment is to be discharged by the payment of one hundred and twelve pounds ten shillings and eleven pence with legal Interest thereon from the 27th day of June 1793 till payment, and the costs.
AugustaOB23:287 21 May 1795
CASE 12
John Moffett Plaintiff against Alexander St. Clair & Jacob Kinney exs &C of Hugh McDowell decd } Defendants } In debt. This day came as well the Plaintiff by his attorney as the defendants in their own proper persons, who saith that they cannot gainsay the Plaintiffs action for two hundred & ninety pounds. Therefore it is considered by the Court that the Plt recover against the Defts the said two hundred & ninety pounds and his costs by him in this behalf expended, to be levied of the good & chattles of the said Testater in the hands of the sd defts to be administered if so much thereof they have, if not then the costs aforesaid to be levied of their proper goods & chattels, and the sd defts in mercy &C.
But the Judgment is to be discharged by the payment of one hundred & forty five pounds with legal Interest thereon from the 31st day of March 1787 till payment & the Costs aforesaid. And a credit is to be given for forty one pounds paid the 26th day of September 1787.
AugustaOB23:154 23 August 1794
CASE 13
These several Petitions, to wit [List] Zabulen Baldwin against Hugh McDowell's executors … by consent of the parties are continued till the next Court.
AugustaOB23:217 21 January 1795
These several Petitions, to wit [List] Zabulen Baldwin against Hugh McDowell exrs … by consent of the parties continued till April Court next.
AugustaOB23:231 18 February
These several Petitions, to wit [List] Zebulen Baldwin against Hugh McDowell's executors … are continued until September Court next.
AugustaOB23:331 22 July 1795
The Petition of Zabulon Baldwin against Hugh McDowell's Executors abates by the death of the Plaintiff.
AugustaOB23:378 21 October 1795
CASE 14
Elijah McClenachan Plaintiff against Hugh McDowell's Exrs Defendants } In debt. This day came the parties by their attornies and on the motion of the defendants by their attorney who plead payment, to which the Plaintiff's attorney replied generally, it is ordered that the Judgment obtained in the Office by the Plaintiff against the defendants be set aside, and the trial of the issue is refered till May Court next.
AugustaOB23:448 19 March 1796
CASE 15
Richard Gernon Plaintiff against Hugh McDowell's Exrs Defendants } In debt. This day came the parties by their attornies, and on the motion of the defendants by their attorney who plead payment, to which the Plaintiff's attorney replied generally, it is ordered that the Judgment obtained in the Office by the Plaintiff against the defendants, be set aside and the trial of the issue is refered until May Court next.
AugustaOB23:449 19 March 1796
CASE 16
Montgomery & Henry Plaintiff against Alexander St. Clair & Jacob Kenney Executors &C of Hugh McDowell decd Defendants } In debt. This day came the parties by their attornies, who waved the issue plead whereon they had put themselves upon the country, and the attorney for the defendant saith that he is not informed of an defence, therefore it is considered by the Court that the Plaintiffs recover against the defendants five hundred and forty two pounds seventeen shillings and four pence, and their costs by them in this behalf expended, to be levied of the goods and chattles of the said Testator, when assetts shall come to the hands of the defendants, to be administered.
But this Judgment is to be discharged by the payment of two hundred and twenty one pounds eight shillings and eight pence, with legal interest thereon from the 24th day of May 1793 till payment, and the costs aforesaid.
AugustaOB23:477 19 May 1796
CASE 1
John McDougal Plt against Robert McDowell Deft } In Case.
AugustaOB19:327 24 March 1786
CASE 2
Robert McDowell Plt against George Benson Deft } In Case. These suits being agreed by the parties are ordered to be discontinued.
AugustaOB20:578 21 August 1788
CASE 3
Robert McDowell Plt against James Kenner Deft } In Debt. Asker Waterman undertook that if the Deft be cast in this suit he shall pay and satisfy the condemnation of the Court or render his body to prison in execution for the same, or that he will do it for him.
AugustaOB20:633 19 November 1788
Robert McDowell Plt against James Kenner Deft } In Debt. [KM: Several cases bunched together] On the motion of the several defts by their Attornies who pleaded payment it is ordered that the Judgments obtained against them in the office be set aside, and the Plts replying generally thereto and joining in the issue, the trial thereof is refered to the next Court &C.
AugustaOB20:639 20 November 1788
Robert McDowell Plt against James Kenner Deft } In Debt. These several suits being agreed by the parties to be discontinued the Defts paying unto the Plt their Costs, the same is ordered accordingly.
AugustaOB21:26 20 March 1789
CASE 4
Robert McDowell Plt against William Short Deft } In Case. The Deft being delivered in Court by Michale Gerber his Special bail is prayed in custody &C.
AugustaOB21:212 17 March 1790
Robert McDowell Plt against William Short Deft } In Case. This day came as well the Plt by his Attorney as the Deft in his own person who acknowledged the Plts action against him for six pound 2/8 with Interest thereon from the 19th day of December 1789. Therefore with the assent of the Plt it is considered by the Court that the Plt recover against the said deft the aforesaid sum of six pounds 2/8 with Interest thereon to be computed after the rate of five per centum per annum from the said 19th day of December 1789 until paid and his Costs by him about his suit in this behalf expended and the said Deft is thereupon prayed in execution.
AugustaOB21:223 18 March 1790
CASE 5
On the motion of Francis Eccord a witness for Peter Hieskell at the suit of Kinkade & McDowell it is ordered that the said Peter pay unto him one hundred pounds of Tobacco for four days attendance according to Law.
AugustaOB21:222 18 March 1790
Andrew Kinkade & Robert McDowell Plts against John Burg, Peter Hieskell and David Crawford Defts } In Covenant. The Jury yesterday sworn in this cause upon their Oath do say that the Deft hath not performed the Covenant in the declaration mentioned, as the Plts in replying have alledged, and they do assess the Plts damages by occasion of the said nonperformance to four pounds besides their Costs. Therefore it is considered by the Court that the Plts recover against the said Deft Hieskell their damages aforesaid in form aforesaid assessed and their Costs by them about their suit in this behalf expended and the said Deft in Mercy &C.
AugustaOB21:227 19 March 1790
Andrew Kinkade & Robert McDowell Plts against John Burg, Peter Hieskell and David Crawford Defts } In Covenant. On the motion of the Deft Hieskell an Injunction is granted him to enjoin the Plts and all others concerned from all further proceeding on the Judgement obtained against the said Deft in this suit until the further order or decree of this Court in Chancery, the said Deft giving security in the Clerks Office according to Law.
AugustaOB21:242 21 April 1790
CASE 6
On the Petition of Robert McDowell against Lewis Sorrels for debt due by penal Bill. The defendant having been duly summoned and served with a copy of the Petition, and not appearing the solemnly called; It is considered by the Court that the Petitioner recover against the defendant four pounds nineteen shillings and his Costs by him in this behalf expended. But this Judgment is to be discharged by the payment of two pounds nine shillings and six pence with Interest thereon at the rate of five PCentum Pannum from the 19th day of February 1793 till payment and the Costs.
AugustaOB23:37 17 December 1793
CASE 7
Robert McDowell Plaintiff against Christopher Myers Defendant } In Debt. Frederick Hawk who was security for the defendant appears once in this suit, produced in Court the body of the said Defendant, whereupon he was prayed into custody by the Plaintiffs Attorney.
AugustaOB23:67 18 March 1794
Robert McDowell Plaintiff against Christopher Myers Defendant } In Debt. Thomas Mynes and Jacob Hawk came into Court and undertook for the defendant that in case he shall be cast in this suit he shall pay and satisfy the condemnation of the Court or render his body to prison in execution for the same, or that they the said Thomas Mynes and Jacob Hawk will do it for him, and on the motion of the said defendant by his Attorney who plead payment, to which the Plaintiff's Attorney replied generally, it is ordered that the Judgment which was obtained in the Office by the Plaintiff against the defendant be set aside, and the trial of the issue is referred till the next quarterly Court.
AugustaOB23:62-63 19 March 1794
Robert McDowell Plaintiff against Christopher Myers Defendant } In Debt. This day came the parties by their Attornies, who waived the issue plea, whereof they had put themselves upon the Country; and the attorney for the Defendant saith that he is not advised of any defence. Therefore it is considered by the Court, that the Plaintiff recover against the Defendant thirty three pounds thirteen shillings and six pence, the debt in the declaration mentioned, and his costs by him about his suit in this behalf expended, and the said Defendant in Mercy &C.
But this Judgment is to be discharged by the payment of sixteen pounds sixteen shillings and nine pence, with legal Interest thereon from the 19th day of February 1793 till payment, and the Costs.
AugustaOB23:105 20 May 1794
CASE 8
On the Petition of Robert McDowell against Michael McMullen for debt due by Not. The same Judgment for three pounds six shillings and seven pence half penny, with legal Interest thereon from the 1st day of February 1794 till payment, and the Costs.
AugustaOB23:161 16 September 1794
CASE 9
The several petitions, to wit [List] Robert McDowell against Richard Matthews … by consent of the parties continued until next Court.
AugustaOB23:161 16 September 1794
The several Petitions, to wit [List] Robert McDowell against Richard Mathews … by consent of the parties are continued till December Court next.
AugustaOB23:169
These several Petitions, to wit [List] Robert McDowell against Richard Mathews … by consent of the parties are continued till February Court next.
AugustaOB23:216 21 January 1795
On the motion of the defendants to these two Petitions, to wit, Robert McDowell against Richard Mathews, and William Bell against John Keiger, with the assent of the Court, are continued till April Court next.
AugustaOB23:231 18 February 1795
On the Petition of Robert McDowell against Richard Mathews for debt due by a verbal assumpsit. The parties appeared and being heard by their attornies, it is considered by the Court that the Petitioner recover against the defendant six pounds and his costs by him in this behalf expended.
AugustaOB23:266 22 April 1795
CASE 10
On the Petition of Robert McDowell assignee of William Throckmorten who was assignee of Robert Douthat, against John Kanger for Debt due by note. It appearing to the Court that the parties have agreed their suit, it is therefore ordered that the petition be dismissed.
AugustaOB23:266 22 April 1795
CASE 11
The following petitions, to wit [List] Robert McDowell against Michael Kerr … having been agreed by the parties are therefore ordered to be dismissed.
AugustaOB23:414 17 February 1796
CASE 12
October 1799. Robert McDowell vs. James Anderson, Jr., and Sr.—Both defendants of Greenbrier County in 1799.
AuCourt: [
Chalkley 1, 415]
APPENDIX X: Court Cases Involving John McDowell or his Administrators
CASE 1
In the suit by petition brought by John McDowell, Plt agt John Patterson, Deft, the Sheriff having returned on the summons not executed because of the bad weather, it is on the Plts motion ordered that a new summons issue returnable to the next Court.
OrangeOB2:335 Friday 27/17 March 1741
In the suit by petition brought by John McDowell Plt agt John Patterson, Deft, for three pound fifteen shillings currt lawfull money of Pennsylvania of the value of three pounds fifteen shillings Currt money of Virginia due by bill the Deft not appearing Judgment is granted the Plt agt the said Deft for two pounds sixteen shillings and three pence Currt money of Virginia & Costs together with seven shillings & six pence for an Attorneys fee.
OrangeOB2:379 Saturday 30 May 1741
CASE 2
The suit by petition brought by John McDowell asee of James Bell Plt agt Robert Galloway Deft being agreed is dismissed.
OrangeOB3:39 Saturday 26 September 1741
CASE 3
The action of Debt between Thomas Lee Esqr Plt and John McDowell Deft is dismissed.
OrangeOB3:259 Saturday 25 September 1742
CASE 4
In the action of trespass upon the case between Benjn Borden Gent Plt and John McDowell Deft, the Deft not appearing, Judgment is granted the Plt agt the said Deft and the Sheriff of this County for what of issue find for in the declaration shall appear to be justly due unless the said Deft appear at ye next Court to answer the said action.
OrangeOB3:259 Saturday 25 September 1742
The action of trespass upon sd case between Benjn Borden Gent Plt and John McDowell Gent Deft is continued untill ye next Court.
OrangeOB3:331 Saturday 29 January 1743
The action of trespass upon the case between Benjn Borden Gent Plt and Jno McDowell Deft being abated by the death of ye Deft is dismissed.
OrangeOB3:416 Saturday 26 March 1743
CASE 5
Magdalene Borden and Benjamin Borden admx of John McDowell Deced Plts agst Ephraim McDowell Deft On Petition. Continued till the next Court.
OrangeOB4:351 Saturday 25 May 1745
Benjamin Borden & Magdalene his wife Plt agst Ephraim McDowel Deft } Upon a Petition. Continue till the next Court.
OrangeOB4:432 Saturday 28 September 1745
The Petition of McDowalds Extr against Ephraim McDowald is dismissed.
OrangeOB4:519 Saturday 28 June 1746
CASE 6
Benjamin Borden and Magdaleen his wife Admtrix of John McDowell decd vs John Peter Salling } On __. This suit being agreed is dismissed.
AugustaCourt: 16 April 1746, Book 1, Page 36
John Peter Sally vs. Benj. Borden and Magdalene, his wife, admx. Of all and singular the goods of John McDowell, deceased. – Writ 12th February 1745.
AuCourt: April and June 1756 [
Chalkley 1, Page 293]
Burdin vs Salley, – Petition of Benj. Borden and Magdelene, his wife, admx. of John McDowell, Writ dated 22d February 1745-6
AuCourt: April and June 1756 [
Chalkley 1, 293]
CASE 7
Benjen Bordon & Magdaleen his wife admtrix of John McDowell decd vs John Smith " Petn. This suit is at the Defn Contd untill next Court.
AugustaCourt1:101 23 August 1746
Benjn Bordon & Magdaleen his wife admx __ of John McDowell decd vs John Smith } Petition. This suit is at the Defendts Costs Contd untill next Court and Ordered that this suit be set first on the Docket in Order to be first tried.
AugustaCourt1:124 19 September 1746
Benjamin Borden vs. John Smith, – Benjamin and Magdelene, his wife, executrix of John McDowell. Writ dated 26th July, 1746.
AuCourt: [
Chalkley 1, 295]
CASE 8
John Paul & William Armstrong Plt agst Benjamin Borden and Magdalene his wife admx of John McDowell decd and Samuel McDowell an Infant son and heir at Law of the sd decd. Defendants } In Chancery. This cause being this day heard upon B(ill) and answer, it is ordered and decreed that Benjamin Borden Gent convey according to Law three hundred acres of land mentioned in the sd Bill to the complainant William Armstrong he being out/on the Cost of such conveyance, and the answer of the sd Borden to that part of the Bill which relates to John Paul and not being filed, the sd Borden in Open Court confessed the allegations thereof to be true and fair as he knows or believes. It is therefore ordered and decreed that he convey the four hundred acres of land mentioned in the Bill to the sd John Paul at the expense of the Estate of John McDowell decd and it is further ordered that his cost of this suit be equally borne between the complainants.
AugustaOB3:343 24 August 1752
Paul vs. Borden. – John McDowell died intestate, leaving Samuel McDowell, his eldest son and heir, and the Magdalen married Benjamin Borden, Jr.
AuCourt: August 1752 [
Chalkley 1, 305]
