Alfred Beauchamp vs. Schoonover's Administrator, 1837

Provided by Patt Seitas

 

TRANSCRIBER'S NOTE:

Where the copy is partially illegible, words or word endings that seem obvious from the context are used. An educated guess is shown by brackets [ ].

Where the copy is entirely illegible or missing, this is shown by underlined ___ spaces.

Misspelled words are as found in the document.
(The individual who made or proofread this document in the 1800s had underlined some words to show that he was copying or noting them as found. Those particular instances are not noted here.)


Alfred Beauchamp vs. Schoonover's Administrator, 1837

Alfred Beauchamp
)
vs ) Copy of
) Record
Schoonover's Admr

Fee $2.35¢
_________
$2.35 Fee
_________

Page 1st

Pleas before the Honorable the Judge of the Circuit Superior Court of Law and Chancery for Lewis County on Wednesday the 19th day of April One Thousand Eight hundred and thirty seven Be it remembered that heretofore, to wit, on the 2__ day of February in the Year One thousand eight hundred and thirty five came Alfred Beauchamp by his attorney and sued out of the office of the Said Circuit Superior [Court] of Law and Chancery, a writ of capias ad Respondendum against Solomon
Schoonover, William Schoonover and John Schoonover, which writ with the endorsement and return thereon made is in the words and figures following:
"The Commonwealth of Virginia to the Sheriff of Lewis
County Greeting: We command you to take Solomon Schoonover, William Schoonover and John Schoonover if they be found in your bailiwick, and them safely keep, so that you have their bodies before the Judge of our circuit Superior Court of Law and Chancery, at the court house of said county on the first monday in March next, to answer Alfred Beauchamp of a plea of debt for One hundred and Eighty dollars and ninety cents damages fifty dollars, and have then there this Writ. Witness
John Talbott, clerk of our said Court, at the court house aforesaid, this 23rd day of February 1835, and in the 59th year of the Commonwealth

J. Talbott

This is an action of Debt brought to recover money due by single bill - bail required
Tavenner P Q

Executed upon Solomon Schoonover, Daniel Schoonover and John ___ bail, William Schoonover and John Schoonover not found
D. W. Sleeth Jr. D.S. for J.M. Camp S.L.C.

and at another day, to Wit:
At Rules held in the Clerk's office [in the] the circuit Superior court of Law and Chancery for Lewis [county] on the first monday in March in the year last aforesaid came the Plaintiff by his attorney, and the capias issued [in] this cause having been returned not found as to William [and] John Schoonover On his motion an alias is awarded him

2nd

against the said William and John Schoonover returnable here, on the first monday in April following, which Writ with the endorsements and return thereon are in these words, to wit; "The Commonwealth of Virginia to the Sheriff of Lewis County,
Greeting: We command you as heretofore to take Solomon Schoonover William Schoonover & John Schoonover if they be found in your bailiwick, and them safely keep, so that you have their bodies before the Judge of our Circuit Superior
Court of Law and Chancery, at the court house of said county, on the first monday in April next to answer Alfred Beauchamp of a plea of debt for One hundred and Eighty dollars and ninety cents damages fifty dollars; and have then there this Writ, Witness John Talbott, clerk of our said court at the court house aforesaid, this 12th day of March 1835 and in the 59th Year of the Commonwealth

J. Talbott

This is an action of debt brought to recover money due by Single bill - Bail Required Tavenner P.Q.

Executed upon Solomon Schoonover as per Sheriffs return upon a former Caps
Teste
J. Talbott clk

not found D.W. Sleeth Jr. D.S. for J. M. Camp S.L.C.

And at another day, to wit;
At Rules held in the Clerk's office of the said Circuit Superior court of Law and Chancery for Lewis County on the first Monday in April in the Year last aforesaid came the Plaintiff by his attorney, and the Sheriff having made a return on the Alias Capias issued in this cause "not found". On his motion a Pluries Capias is awarded him against the Defendants returnable here on the first monday in May following, which Writ with the endorsements and return thereon made are in the Words and figures following, to wit; "The Commonwealth of Virginia, to the sheriff of Lewis County
Greeting: We command you as often heretofore to take Solomon Schoonover, William Schoonover & John Schoonover if they be found in your bailiwick and them safely keep, so that you have their bodies before the Judge of our Circuit Superior Court of Law and Chancery at the court house of said county on the first monday in May next to answer Alfred Beauchamp

3rd

of a plea of debt for One hundred and Eighty dollars and ninety cents damages Fifty Dollars; and have then there this Writ; witness John Talbott, clerk of our said court, at the court house aforesaid, this 17th day of April 1835 and in the 59th year of the commonwealth
J. Talbott

This is an action of debt brought to recover money due by single bill. Bail required
Tavenner P.Q.

A former Writ was executed upon Solomon Schoonover as per sheriffs return Teste
J. Talbott clk

Not found. Thos Bland DS for J.M. Camp S.L.C.

And at another day, to Wit;
At Rules held in the Clerk's office of the said circuit Superior court of Law and Chancery for Lewis County on the first monday in May in the year last aforesaid, came the Plaintiff by his Attorney, and the Sheriff having made a return of "Not found" on the Pluries Capias issued in this cause, On his motion a further writ is awarded him against the Defendants, returnable here on the first Monday in June
following; which writ with the endorsements and return thereon are in the words and figures following: "The Commonwealth of Virginia to the Sheriff of Lewis county Greeting: We command you as often heretofore to take Solomon Schoonover, William Schoonover and John Schoonover if they be found in your bailiwick and them safely keep, so that you have their bodies before the Judge of our circuit Superior court of Law and Chancery at the court house of said county, on the first monday in June next to answer Alfred Beauchamp of a plea of debt for one hundred and eighty Dollars and ninety cents damages Fifty dollars; and have then there this writ. Witness
John Talbott, clerk of our said court, at the court house aforesaid, this 9th day of May 1835 and in the 59th year of the Commonwealth
J. Talbott

4th

This is an action of debt Brought to recover money due by single Bill Bail Required
Tavenner P.Q.

a former writ was executed upon Solomon Schoonover as per sheriffs return
Teste
J. Talbott clk

William Schoonover & John Schoonover is not inhabitants of Lewis County Thos Bland DS for J.M. Camp S.L.C.

and at another day, to wit;
At Rules held in the Clerk's office of the said circuit Superior Court of Law and chancery for Lewis County On the first monday in June in the year last aforesaid, came the Plaintiff by his attorney, and filed his Declaration against the Defendants, Which Declaration is in these Words: Virginia Lewis County to wit In the circuit Superior court of Law and chancery for sd County, Alfred Beauchamp complains
of William Schoonover, Solomon Schoonover and John Schoonover in custody &c; of a plea that they render unto him the sum of One hundred and Eighty dollars and 90 cents current money of Virginia which they owe him, and which they unjustly detain
from him for that Whereas the said Defendants heretofore to wit, on the 16th day of October 1835 at Elizabeth Town Wood County to wit (at the county of Lewis aforesaid) by their certain writing obligatory commonly called a single Bill sealed with their seals and to the court now here shewn, bound themselves their heirs &c that on or before the first day of April then next ensuing the date thereof (which date was the
day and year last writen) they or ither of them would pay to the said Alfred Beauchamp the said sum of one hundred and eighty dollars and 90 cents with Interest from the 1st day of January 1834 which said sum of one hundred and eighty dollars and 90 cents is the sum above demanded), yet the said Defendants though often requested hath not yet paid the said sum or any part thereof to the said Plaintiff, nor hath ither of the said Defendants paid said sum or any part thereof to
the said Plaintiff though often requested; But the same to pay have hitherto wholly refused and still refuses so to do, to the damage of the Plaintiff $50 and

5th

therefore he sues
Tavenner Pro Quere

Whereupon Solomon Schoonover, one of the Defendants, being arrested, and not appearing, on the motion of the Plaintiff by his attorney, It was Ordered that Judgment be entered for the Plaintiff against the Defendant for the Debt and Interest
in the Declaration mentioned unless the said Defendant should appear and plead to issue at the then next Rules

at which day, To Wit At Rules held in the clerk's office of the said Circuit Superior Court of Law and Chancery on the first monday in July in the year last aforesaid came the Plaintiff by his attorney and the Defendant still failing to appear, on the motion of the Plaintiff by his attorney, it was ordered that the last order made against him in this cause be confirmed

and at other days, to wit:
at rules held in the clerks office of the said circuit superior court of Law and chancery for Lewis county on the first Mondays in August, September, October, November and
December in the Year last aforesaid this cause was continued as to the sd other Defendants

And at other days, to wit;
At Rules held in the clerk's office of the said circuit Superior Court of Law and chancery of Lewis County on the first mondays in January, February, March, April, May June & July in the year One thousand Eight hundred and thirty six this cause was continued as to the other Defendants

And at another day, to wit:
At Rules held in the circuit Superior Court of Law and chancery of Lewis County on the first monday in August in the year last aforesaid came the Plaintiff by his ttorney,
and on his motion a further Writ is awarded him returnable here on the first Monday in September next, which Writ together with the endorsements thereon are in the words and figures following
"The Commonwealth of Virginia, to the Sheriff of Lewis County, Greeting: We command you as often heretofore to take Solomon Schoonover, William Schoonover and John Schoonover if they be found in your bailiwick, and them safely keep so that
you have their bodies before the Judge of our circuit

6th

Superior court of Law and Chancery, at the court house of said County, on the first monday in September next to answer Alfred Beauchamp of a plea of Debt for One hundred and Eighty Dollars and ninety cents damages Fifty dollars; and have then
there this writ. Witness John Talbott clerk of our said court, at the court house aforesaid, this 5th day of August 1836 and in the 61st Year of the Commonwealth
J. Talbott

This is an action of Debt brought to recover money due by single bill Bail Required
Tavenner P.Q.

a former writ was executed upon Solomon Schoonover as per Sheriffs return
Teste J. Talbott clk

not to go out by order of Plffs atto.
J. Talbott

And at another day, to wit;
At a circuit Superior Court of Law and Chancery for Lewis continued & held on Tuesday the 15th day of September in the Year 1835 came the Plaintiff by his Attorney, and it appearing to the satisfaction of the court, that the Defendant to this suit is dead, It is ordered that the same be suggested on the record

And at another day, to wit,
At a circuit Superior court of Law and Chancery continued and held for the county of Lewis on Thursday the 14th day of April in the year One thousand Eight hundred
and thirty Six, The Defendant being dead, on the motion of the Plaintiff by his attorney a writ of Scire Facias is awarded him to revive this suit against Hezekiah Stout Administrator of the estate of the said Defendant returnable here at the next term

7th

Which Scire facias is in the words and figures following, to wit; "The Commonwealth of Virginia to the Sheriff of Lewis County Greeting: Whereas in an action of Debt, lately depending in our circuit Superior Court of Law and chancery for Lewis County, between Alfred Beauchamp Plaintiff and Solomon Schoonover Defendant, (the Writ of Capias ad Respondendum not having been executed on William Schoonover
the other obligor in the said Writ mentioned) for want of appearance at the rules held in the Clerk's office of the said court, on the first monday in July 1836, It was ordered
that Judgment be entered for the Plaintiff against the Defendant, for one hundred and Eighty dollars and ninety cents with Interest thereon from the first day of January
1834 the debt and Interest in the Declaration mentioned, and the costs, subject to a credit of Twenty two dollars and fifty cents, paid the Novr 19th 1834 as per endorsement on single bill, and the cause being thus situated, the said Solomon Schoonover departed this life having first made his last will and Testament in Writing, and thereof appointed no executor, and no person taking upon himself the burden
of the execution of the said Will, Administration with the said Will annexed of all and singular the goods and chattles rights and credits of the said Solomon Schoonover deceased, hath been in due form committed to Hezekiah Stout, Therefore we command you that you make known to the said Hezekiah Stout that he be before the Judge of our circuit Superior Court of Law and Chancery for Lewis county at the court house of said county, on the first day of the next Term, to shew cause if any he can, why the action aforesaid should not be proceeded in to a final Judgment according to the form of the act of assembly in that case made and provided, and have then there this writ Witness John Talbott clerk of our said court at the courthouse of said county this 23d day of June 1836 and in the 60th year of the Commonwealth
J. Talbott"

Return Executed 28th June 1836 J M Bennett DS for W Peterson __

And at another day, to wit;
At a circuit Superior court of Law and chancery continued and held for the county of Lewis on Thursday the 15th day

8th

of September in the Year last aforesaid, came the Plaintiff by his attorney, and on his motion this suit is abated as to John Schoonover and William Schoonover, it ppearing by the Sheriff's return that the said John & William are not inhabitants of Lewis County; and the Scire Facias Issued in this cause to revive this suit in the name of the Administrator with the will annexed of Solomon Schoonover deceased, having been returned executed, and no cause shewn, on motion of the Plaintiff by his attorney, it is ordered that this suit stand and be revived against Hezekiah Stout
Administrator with the Will annexed of the said Solomon Schoonover deceased

And now at this day, to wit
At a circuit Superior Court of Law and Chancery, continued and held for the county of Lewis, on the same day and year first herein mentioned, to wit, on Wednesday the 19th day of April in the Year One thousand Eight hundred and thirty Seven, came the parties by their attornies and thereupon the Defendant waived his plea heretofore pleaded in this cause and confesses Judgment for $180.90 cents the debt in the declaration mentioned with Interest thereon from the 1st day of January 1834 until payment and his costs by him about his suit in this behalf expended Therefore it is considered by the court that the Plaintiff recover against the said Defendant $180.90 cents, as aforesaid with Interest as aforesaid and the costs, To be levied of the goods and chattles of the Defendants intestate in his hands to be administered But this Judgment is subject to a credit of $22.50 cents paid the 19th day of November 1834 as per endorsement on the single bill filed in this cause

The following is a copy of the single bill, on which the foregoing action was founded, to wit;
"On or before the first day of Aprile next we or either of us do bind ourselves our heirs administrators &c to Alfred Beauchamp his heirs or assigns the Just & full sum of One hundred and Eighty dollars & 90 [cents] with Interest from the first day of January 1834 The same may be discharged with good Orlean Boats built in a workman like manner & of good and

9th

sufficient meterials Boat Flank 18 ft long 1½ inch thick ___ If delivered at Elizabeth ____________ by the first of Aprile next __________ this 16 day of October 1833
Elizabeth town ___________ ___ B
Willia_ Schoonover {seal}
Solomon Schoonover {seal}
John Schoonover {seal}

Nov 19 1834 - Received on the with note twenty two dollars & fifty cents the ballance on a Boat bought of Joh Sconover

A. B.
A Copy Teste J. Talbott __ CR__

The following is a copy of an execution issued in the foregoing cause to wit

The Commonwealth of Virginia, to the Sheriff of Lewis [illegible] goods and chattels of Hezekiah Stout Administrator of Solomon Schoonover deceased late in your bailiwick, cause to be made the sum of One hundred and Eighty dollars and ninety cents with Interest thereon from the 1st day of January 1834 until payment which Alfred Beauchamp lately in our circuit Superior court of Law and Chancery of Lewis County hath recovered against him for debt and Interest aforesaid also, the sum of Eleven dollars and sixty six which by the same cause was adjudged ___ for costs by him above his suit in that behalf expended ___ of the said Hezekiah Admr &c is onvicted, as appears to us ___ you have the same before the Judge of our said court [illegible] day in June next to render __________ debt Interest and costs aforesaid and have then there this [writ] Witness John Talbott clerk of our said court at the court house aforesaid ___ 2d day of May 1837 and in the 61st Year of the Commonwealth
J. Talbott

endorsement This execution is to be levied of the goods and chattels of the Defendants intestate in his hands to be administered, and subject to a credit of $22.50 cents paid the 19th day of November 1834 as per Judgment
Teste J. Talbott clerk

10th

Return $12.41 cents paid Shf Com 67 cents deducted leaves $12.74 cents to be accredited on the within& no more [assets] found in the hands of the Admr
J M Bennett D.S. for Wm Peterson ___
A Copy,
Teste
J. Talbott clerk


Return to the Beauchamp vs. Schoonover index