B

In Chancery:

Benjamin Jordan vs Absolam Jordan

1792 – 001

With the exception of paragraphing and highlighting, this transcription is true to the original papers which were copied from the Court House records. Only pages containing genealogical information are included.

To the worshipfull the Justices of Bedford Court in Chancery seting humbly complaining sheweth to your worships your Orator Benjamin Jorden that some time in the 1783 your Orators Father Jonas Jorden decd was willing to settle your orator in as comfortable a situation as possably in his homes; Several times proposed and confered with your orator about giving him among other things two hundred acres of land being in Bedford County on Stony fork creek and Joining James Meadors line being the land on which your Orator then Lived and for this purpose did on the seventh day of Novr in the year 1783 for and in consideration of Fatherly love and affection give it to your Orator; And for a further assurance of the said land the fee simple being in him gave your Orator his bond dated the same day and year as last above mentioned for five hundred pound current money of Virginia conditioned to make your Orator a Sufficient deed for the above mentioned land thereby meaning a fee Simple which obligation your Orator prays may be taken as part of his bill as he hereby brings it into court

your Orator further sets forth that the said Jonas was prevented from the completion of his gift according to his obligation by soon after departing this life intestate having your Orators Brother Absolem Jorden his legal heir who goes about and says that at the death of his Father the legal title of the land and premises aforesaid descended to him; and by Virtue of that claim has taken possession of the said land And by combinding and confederating with divers others as yet unknown to your orator keeps out and utterly refuses to convey to your Orator that legal title the descended to him without which your Orator never can have that fee Simple always intended by the said Jonas as manifested by the aforesaid

bond all which doings and contrary to equity & good conscience IN TENDER CONSIDERATION WHEREOF and for as much as your Orator is in the premises remedeless at common law and can only be relieved but in a court of Chancery where matters of fraud are discovered and remedied.

TO THE END THEREFORE that the said Absalem may be made Deft to this bill and true and perfect answer made to all and Singular the premises as here in before set forth as fully as if the same were herein repeated and particularly interogated and more especially that the said Absalem may upon his corporal oath set forth and say whether the said Jonas did not make Such a gift, whether he did not give his bond for the title or whether the bond here brought into court is not a genuine one whether he did not always understand from the said Jonas the land aforesaid was intended for your Orator whether he does not think the said Jonas intended by the bond aforesaid a deed in fee Simple and whether he does not Suppose had the said Jonas have lived he would conveyed the land according the said bond. And that the said Absalem may be compelled at heir at law to the said Jonas to convey to your Orator a title in fee according to the tenor of the said bond to the above mentioned land and premisses an grant your Orator such further relief as your worships shall think is agreeble to equity and good conscience. May it pleas your worships to grant your Orator the commonwealths writ of Subpoena to be directed to the said Absalem thereof commanding him at a certain day under a certain penalty to appear before your worships then and there to answer all and singulor this premisses and to stand to performing and abide Such order direction and decree therein

as to your worships Shall deem meet And your Orator Shall pray &c &c.

C Clk p q

Jordan vs Jordan Bill

[Aug 1790]

To the worshipful Justices of Bedford County Setting in Chy. The answer of Absalom Jordan Heir at Law to Jonas Jordan Decd to the Bill of Benjamin Jordan ye Respondt Saving to himself all manner of benefit of exception to the many untruths in the Complt bill contained Saith that he knows nothing of the Executing the Bond Said to be Signed by his intestate your respt having heard that the the Complt had such a Bond on a certain time requested the complt to inform him truly whether the bond was a genuine one or not. As he your respondt had great reason to believe it was a forgery the Complt evaded a direct answer as to its being genuine or forged but repeatedly told your respondt that the bond was of no Effect. and in express terms said it was false and would never have been Seen if it had not been for his Brother Jonas, and further proposed to go before a magistrate and Swear that it was a false bond, and at the same time gave from under his hand an instrument of writing which is herewith filed and which is to be taken as part of his answer, acknowledging that his father Jonas Jordan the Elder had given him a bond for land in Carolina in lieu of the land which was originally for him in Bedford yr respondt is desirous of perfecting the contracts & wishes of his dec’d Ancestor but cannot believe that his father ever intended the Land prayed for by the Complt to be [torn] to him.

March 29^th 91. Sworn To in Court

[The bottom edge of this page is badly worn making the name and title of the clerk unreadable.]

Benjamin Jordan Complainant }

agt In Chancery

Absalom Jordan Heir at Law of Jonas Jordan Decd Deft }

Pursuant to a Dedimus to us Directed we have taken the Deposition of Levi Squires at his own house the 23 day July 1791. The parties being present who being first Sworn sayeth That Absalom Jordan sent for him on Sunday morning to come to his house and after this deponant got there, he and said Absalom Jordan went to a Scsolhouse, where Benjamin Jordan was brought. When this deponant was requested by Absalom Jordan to take out the said Benjamin and try what discovery he could make respecting some Horses The said Absalom had left at the same time this deponant sayeth he was requested to enquire about a Bond the said Benjamin had of his Father Jonas’s (who was then dead) for Land to try if he this deponant could make him give, it up, and on his this deponants Threating the said Benjamin he said the Bond was of no account, and he should never done anything about the Bond had it not been for his brother Jonas. and further this deponant sayeth that he believes the confession of the said Benjamin in saying the Bond was of no account proceeded from fear [struck through "as this deponant had threatened him if he did not give it up"] in consequence of this deponants threatenings. And further sayeth not. Levi Squires

Question by Absalom Jordan

do you get any part of the Land

if recovered. answer by this deponant Yes

Taken before us at the above }

mentioned time & place }

Thomas Lumpkin

Matthew Pate

Benjamin Jordan Complaintent }

agt in Chancery

Absalom Jordan heir at Law of Jonas Jordan Decd Deft }

Pursuant to a Dedimus to us directed we have taken the Deposition of Anne Derefield at the house of Levi Squires the 23^rd day of July 1791. who being first Sworn, sayeth that she was at Jonas Jordans (after he had returned from Carolina where she understood by him the said Jonas that he had purchased Land) When she this deponant was called on to witness a Bond given by the said Jonas Jordan to his son Benjamin for aright of two hundred acres of Land, more or less being the Tract the said Benjamin had lived on, and further sayeth that Benjamin Jordan informed the said Jonas that he might sell the Land he had given him if he would purchase him two hundred or if rich one hundred & fifty a[torn] of Land in n[torn]th Carolina and further this deponent sayeth not.

Taken before us at the above } her

mentioned time & place the } Anne + Derefield

parties being present } mark

Thomas Lumpkin

Matthew Pate

Benjamin Jordan Complainant }

agt In Chancery

Absalom Jordan heir at Law of Jonas Jordan Decd Deft }

Pursuant to a Dedimus to us directed we have taken the deposition of Winney Jordan at Levi Squires the 23 July 1791. Who being first Sworn sayeth That she frequently heard her husband Jonas Jordan say that he had given the Tract of Land his son Benjamin Jordan has lived on to him the said Benjamin containing as she this deponant understood two hundred acres. and further sayeth that on her return home one day she was informed by her said husband that he had given the said Benjamin his Bond to make him aright to the Land he had given him and further sayeth not.

her

Taken before us at the above mentioned } Winney + Jordan

time & place the parties being present } mark

Thomas Lumpkin

Matthew Pate

Benjamin Jordan }

agt in Chancery

Absolam Jordan Heir at }

law of Jonas Jordan Decd }

By Virtue of a Commission from Bedford Court to us Directed we have proceeded to take the Deposition of Jesse Farmer at the House of Capt Shelton Taylor this Sixth Day of august one thousand Seven Hundred and Ninety one the said Jesse Farmer being first sworn on the Holy Evangelist of Almighty God saith that he the Deponant & Absalam Jordan went to Benjamin Jordan on a Sunday and Benjamin Jordan Drew a Knife upon the Deponant & the Deponant took up a Stone and threatened said Jordans life If He the said Jordan Did not give himself up and then the Deponant and Absalom Jordan went into the House. Absalom Jordan catched Hold of His Brother Benjamin and told Him he was ruined. Benjamin made answer and askt him how Brother and Absalom told him by the loss of several Horses being Stolen and the said Deponant and Absalom Jordan took Benjamin Jordan to the School House & on the way Benjamin Jordan says as to the Bond & swears by his maker it was a forged Bond and offered to go to Mr. William Hix’s and an obligation in writting agt the Bond or go to a Justice and Make oath it was a forged Bond. The Deponant further saith that He belives the said Benjamin Jordan to be a very Scared person and also belives that He could been made to say or swear to any thing that they would Have pleased to Have asked Him The Deponant

further saith that Benjamin Jordan he Belives was afraid of Levi Squires & himself would Have taken His life or much abused Him & the Deponant further saith that Absalom Jordan Did not show any authority but seemd to be all love after said Benjamin Jordan gave himself up and the Deponant further saith not.

This is to certify that the above } his

Deposition was taken and Subscribed } Jesse X Farmer

to before us the Day and year } mk

before mentioned the Defendt }

being present

Jonathon Richeson

George Turnbull

Know all men by these Presents that I Benjamin Jordan of the County of Franklin for Divers Considerations and good causes have made, ordained, Constituted, and appointed Lawrence McGeorge of Bedford County my true and Lawfull attorney, for me, in my name, and to my use to ask, demand & recover of Absolam Jordan of Bedford County a certain Tract of Land to contain Two Hundred acres in Bedford County giving and by these Presents granting to my said attorney Sole and full power and authority to take, pursue, and follow such legal courses for the Recovery and obtaining the same as I myself might or could do, were I personally present and further to do, perform, and execute for me, and in my name all and singular thing or things, which are or may be necessary touching and concerning the premisses as fully thoroughly & entirely as I the said Benjamin Jordan in my own person ought, or could do in and about the Same, allowing and confirming whatsoever my said attorney shall lawfully do or cause to be done in and about the Premises by Virtue of these Presents. In witness whereof I have hereunto set my hand and Seal this Thirtieth Day of July One Thousand seven hundred and Ninety one

Signed Sealed and Delivered }

in the presence of } Benjamin Jordan

Peter Wood

William Drake