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Case of William Davis, Deposition A & C

Submitted by Don Davis, he writes;

I wish to inform people who visit this site about who we are and where we come from. The second purpose of this information is to find out more information about our genealogy.
I want to pass a little knowledge on and to gain a little back. Our hope is to eventually be able to tell the story of the Davis family of Wayne County W.V. Stonewall District and Scott Co. VA.

William’s three brothers who served with him in the Civil War are Lewis, David and John Davis. I am sending a couple of documents ti prove what I’m saying is true. I would like to find the parents of Samuel Davis. Email me at ddavis992@woh.rr.com

William served in the 2nd Virginia Stateline troops, Company H Confederate then served Company B 45th Kentucky Mounted Infantry. William deserted April 9, 1864, returned to duty by General Burbridge with loss of pay while absent. William married Sarah E. Clarke.

Don Davis

The following documents have been transcribed verbatim (if you see any typos please let me know) from copies of legal depositions submitted by Don Davis. I transcribed them to make them more visible to search engines like Yahoo and Google (which is how most of you get here!). I have also posted scanned images of the copied records sent to me by Don. View copies of these documents at the end of the Deposition A. Click on the icons to see a larger version and then, depending on which browser you use, you may be able to click on the image again and then read it pretty well. Also, see Deposition C after the image icons. ~ Pat


N.B. – Examiners should be particular to have affiants sign on the line next below the closing words of their depositions so as to leave little or no space between their signatures and the end of their depositions.

(3-456.)

DEPOSITION A

Case of William Davis, No. 484.753

On this 19″ day of July, 1899, at near Nestlow, County of Wayne State of WVA, before me, Wayne W. Cordell, a Special Examiner of the Pension Office, personally appeared William Davis, who, being by me first duly sworn to answer truly all interrogations propounded to him during  this Special Examination of afore-said pension claim, deposes and says:

I am 65 years of age. I have resided within 4 miles of this place since I was 13 years of age, My postoffice address is Nestlow, Wayne Co., WVA. Occupation farmer. I forgot on year I was in Mo. That was in 1855. I was enrolled into Co. B 45 Ky. vol. Inf. July 24, 1865 and was mustered out December 21, 1864.

Q. Did you have any other military service.
A. I was with the Rebels in the Fall of 1862 and was with them until about March 1863.
Q. Under what circumstances did you join them.
A. I went over on Guion river, near the Mouth of four Mile, on business I met Mat Harris and a squad of Rebels. No, I did not go to meet him. He said he wanted me to join his company. He said I would have to. I told him I would “not rather” join that I would like to stay at home.
Q. Did he make any threats against you.

Page 6 Deposition A

Page 7

A. I don’t know that he did in particular only that he said I would have to go in. He then said over an oath swearing me in; but I did not take it freely.
Q. Did you make any protest against taking an oath
A. I told him I would rather not, that I would rather stay at home. I was afraid to tell that I was a Union man.
Q. How many men did he have with him.
A. About ten.
Q. Can you name some of them.
A. I can not at this time. About 2 or 3 weeks after I enlisted while we were at Logan, WVA, I left the company and went home. I was at the home three or four weeks. They sent James Collins and Jake Merrill after me. They came and told me that I had to go. I went with them.
Q. Did you give them any reason for deserting your command.
A. I don’t know that I did.
Q. What did your officers say to you when you went back.
A. Capt Harris said something but I do not recollect what it was. A short time after my return – 3 or 4 week – my brothers Lewis, John and David and I slipped away from from the command and got about 20 miles away when we were over-hauled and taken back by four rebels.
Q. Why did you four not resist them.
A. We had no arms. No sir, I do not think I had any arms while with them excepting a few times while in camp.
Q. What did the do with you when they took you back to camp the second time.
A. We were put in a guard house, and kept there nearly a month. They began breaking up about that time. Very soon afterwards, I put me in a little crop and then joined the Union forces. The service named is all I ever had. Since you name it I believe my service was in Co. H, C.S.A.
Q. Did you ever insinuate to Capt. Harris that you did not voluntarily enter his company.
A. I don’t know that I did. I was afraid to. Yes sir, Jack Hall was with us in the Confederate service and afterwards joined us for the Union, He carried a gun for the Rebels I think. I do not know whether he would know that I was a Union man or not.
Q. Capt Harrison says you give your service voluntary while in his company. What have you to say to that.
A. I never told him any better. I was afraid to. I was scared into giving the Rebel service I give. I was afraid of life. A large majority of my neighbors were Rebels. I always was a believer in the

Page 8 Deposition A

Union. I voted against Secession in 1861. No, I didn’t, but I was against it. I do not care to be represented by an attorney at the examination of my claim but will be present when all the witnesses are examined in this neighborhood. I am pensioned at the rate of $6.00 per month under the old law. I desire to be reinstated to $12 per month under the act of June 27, 1890 which sum I was drawing when the same was terminated on account of alleged Rebel Service. I have heard your questions and have been correctly recorded.

William Davis
Deponent

Sworn to and subscribed before me this 19 day of July 1899, and I certify that the contents were fully made known to deponent before signing.

Wayne W. Cordell
Special Examiner

Page 9 Deposition A



(3-446.)

DEPOSITION C

Case of William Davis, No. 484.753

On this 19″ day of July, 1899, at near Nestlow, County of Wayne State of WVA, before me, Wayne W. Cordell, a Special Examiner of the Pension Office, personally appeared James E. Collins, who, being by me first duly sworn to answer truly all interrogations propounded to him during  this special examination of aforesaid pension claim, deposes and says:

I am 60 years of age; my post-office address is Nestlow, Wayne Co. WVA. Occupation – farmer. I have resided in this vicinity pretty much all my life.
I have been acquainted with the claimant about 45 years.
I was a private in Co. H (Capt Hendrick Company) 16th Va. Cav. C. S. A. during the war of the Rebellion.
I think I enlisted about the Fall of 1862 and mustered out, ???, in the spring of 1865.
Q. Where was you company stationed when you joined.
A. I enlisted at Wayne Co. WVa . I then went to Charlestown, WVa and staid about 6 weeks.
Q. Was you at Logan Co. WVA during your service.
A. I was there three or four times.
Q. Were you stationed with Mat Harrion’s Va. State Line troops while there.
A. I was with them once or twice but forget where we were located.
Q. Do you remember going with J. W. Merritt to bring the claimant William Davis back to his command on one occasion.
A. Yessir I do. We were detailed to go after him.

Page 14 Deposition C

Page 15

I do not remember any of the circumstances but my impression is that the claimant did not want to go back.
Q. Were the sentiments of the claimant for or against the Union.
A. He was for it. He was against the Rebellion all the time. He was considered a Union Man in this Community. The understanding was that he had gone into these State Line troops through fear.
I am not related to the claimant.
I have no interest in this claim or its prosecution. I have heard your questions and have been correctly recorded.

James E. Collins
his X mark
Deponent

William Davis
J. W. Merritt
Witness

Sworn to and subscribed before me this 19 day of July 1899, and I certify that the contents were fully made known to deponent before signing.

______________
Special Examiner

Tags: Collins, Davis, Harrion, Merritt, Pension Claim

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Division of Property of R.H. Cowden Deceased.

lucy-cowden-allens-inheritance-of-land.JPG

Heirs mentioned are: C. H. Cowden, Mary (Cowden) Mann, Lula (Lucy Cowden) Allen, Robert McNew and Susie Stanley. Widow (Sarah) Catherine (Hill) Cowden.

Robert Cowden was the father of Lucy Ann Cowden that married Elbert Franklin Allen.

Click on image for full view.

Tags: Cowden

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John Powers Vs. George Francisco & Peter K. Neil

Index Number 1857- 011

John Powers vs. George Francisco and Peter K. Neil

John Powers purchased from George Francisco March 9th 1840, His interest of 75 acres that George Francisco and Peter K. Neil had purchased from Michael Robinette.

They got Joseph Hagen to Survey and divide the land giving 37 acres to Peter and 37 to Powers.

John Powers complains that:  it was divided in the most awkward and inconvenient manor.

Hiram Kilgore J.P.

Tags: Francisco, Hagen, Kilgore, Neil, Powers, Robinette
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Benjamin F. Treadway & Wife Vs. Hezikeal (Hezekiah) P. Neil ECT

Summons to Appear contained within the File of:

Chancery Court Case , Scott Co. VA-1867-014Benjamin F. Treadway and Wife

Benjamin F. Treadway and Wife Vs. Hezikeal P. Neil ECT

Summons to appear, contained in the file.

To the Sheriff of Scott County , We command you to Summon JAMES ALLEN , to appear before the Judge of our circuit Court of Scott County, at the Court House, at the Clerks Office at the rules? To be held on for our said court on the 1st Monday in December next, to answer a bill in Chancery exhibited against him and others by Benjamin F. Treadway and Elizabeth his wife formerly Elizabeth Allen.

And have then there this writ. Witness, Hansford W. Carter Clerk of our said Court at the Court-House, this 12th day of October 1854 in the 79th year of the Commonwealth.

S.H. Morison D.C.

(Notice the date for this Record was 1867 and the date for this summons was 1854. So it looks like they started this suit in 1854 and it stayed in the court for 13 years. I guess things weren’t much different then than today in the courts.)

To the Sheriff of Scott County – Greeting

We command you to summon Hezekiah P. Neil executor of John Allen decd. Esther Allen widow of said John Allen, Thomas Allen, John G. Allen, Samuel Allen and Causby Allen children of John Allen decd.

To appear before the Judge of our Circuit Court for Scott County, at the Court-House, on the 1st day of the next September term to answer a bill in Chancery exhibited in our said Court against them by Benjamin F. Treadway and Elizabeth his wife formerly Elizabeth Allen. more…

Tags: Allen, Carter, Morrison, Neil, Treadway
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Hamilton Neil Ect. VS. Exrs. of Grimes Neil

Scott County Chancery Court Record1841-005

Hamilton Neil ECT

Vs. Exrs. Of Grimes Neil

Complaint of Patrick Neil for the Heirs of Hamilton Neil decd.

To the Honorable Benjamin Estill, Judge of the Circuit Superior Court of law and Chancery of Scott County. The Bill of Complaint of Hamilton Neill, Henry Montieth and Mary his wife, Charles Hays and Elizabeth his wife, and Patrick Neill, humbly represents that in 18__ One Hamilton Neill now deceased , who was the husband of the Plf. Mary and the father of the Plfs. Hamilton, Patrick, and Elizabeth, having been for a number of years theretofore, a merchant in Greenville East Tennessee, determined to return to Ireland upon business, from which Country he had originally migrated to the United States. That at the time contemplated for his departure from the United States, non of the Plfs were capable of settling up or attending to the said Hamilton Neill’s business, all of them being infants or minors except the Plf Mary who was herself incapable of settling up a mercantile business as extensive as that of her husband Hamilton Neill the was.

more…

Tags: Estill, Hays, Montieth, Neil, Neill
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Kane & Robinette VS. Patrick Neil and Henry Tarter

Scott County Chancery Court Records

On file at the Virginia State Library

Index Number 1850-008

Kane and Robinette

Vs. Patrick Neil and Henry Tarter

Henry S. Kane Complains:  Patrick Neal, formerly of said Co. is indebted the sum of (originally had been written $99.00 but had $85.00 written over it.) Orator further states that the said Patrick Neil is no longer a Resident of this Commonwealth and at this time is non resident of this State.

MY NOTE: The other dialouge of this case was that William Horton, Enoch and Elisha Pendleton owed Patrick money and Kane wanted the court to transfer what they owed Patrick to him for what Patrick owed him, since Patrick was not living there any longer.

Patrick Neil answers: He has been a resident of TN. ever since some time about the yr. 1839, and says note was for $25.00 on the 12th day of June 1849 he Paid him $40.00 but Kane mis- recited on the receipt what the money was for so he could cover his extravagant charges.

15th Jan 1850, Patrick Neal and H.P. signed a bond unto Henry S. Kane for $100.00

MY NOTE: This Patrick Neal was a nephew of Grimes Neal and the son of Hamilton Neal who died while a resident of Greene Co. TN.  He is the Patrick that married Comfort Kilgore in Scott County.  After Hamilton ” died ” (actually he killed himself)  Patrick lived with Grimes in Scott co. as he was a child when his father died in 1816.

Tags: Horton, Kane, Neil, Pendleton, Robinette, Tarter
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John A. Hall & Wm. B. Neil VS. Abraham Lane

Scott County Chancery Court Records

On file at the Virginia State Library

Index Number 1849 – 001

John A. Hall and Wm. B. Neil (The firm of Neil and Hall)

Vs. Abraham Lane

States that Abraham has departed from the Commonwealth of VA, debt unpaid, owed $244.62

50 Acres, in being the same land that James Lane bought of Abraham Lane and he from Robert Speer.

Conveyance made from Speer to Abraham but not from Abraham to James Lane.

Neil and Hall bought for $490.00

I am confused exactly what this one was about. Something to do with needing Abraham to make the deed to his son James, so he could convey to them, but I don’t know exactly what the 244.62 debt was all about. I think some papers must have been missing.

Tags: Hall, Lane, Neil, Speer
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Joseph Williams VS. William B. Neil/Neal

Scott County Chancery Court Records

On file at the Virginia State Library1854-09

Joseph Williams vs. Wm B. Neill Joseph Williams vs. Wm B. Neill Joseph Williams on March 1st, 1838 executed a deed to Paschal Jones trustee, To secure a debt of $72.00 claimed owned by Grimes Neil against Joseph. Deed for a tract of land containing 250 acres, worth $700.00, being the only home of orator Joseph Williams, who is very old, infirm, and illiterate.

Joseph Williams vs. Wm B. Neill Joseph Williams on March 1, 1838 executed a deed to Paschal Jones trustee, To secure a debt of $72.00 claimed owned by Grimes Neil against Joseph. Deed for a tract of land containing 250 acres, worth $700.00, being the only home of orator Joseph Williams, who is very old, infirm, and illiterate.Joseph stated he did not owe even half of the $72.00 that was claimed, and the he had made his payments, and owed nothing to Grimes or his estate . Joseph said that Paschal Jones had moved to Jefferson Co. TN in 1843 and has not been to Scott Co. since.

Jones deeded the 250 acres to William B. Neil who sold it to William S. Webb for $700.00. more…

Tags: Barnett, Bickman, Dillon, Hall, Jones, Neal, Neil, Robinette, Webb, Williams
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John A. Mann and John Humes VS. Hiram C. Carter and Samuel Neil

1845-005John A. Mann and John Humes

John A. Mann and John HumesVs. Hiram C. Carter and Samuel NeilJohn A. Mann and John N. Humes were merchants and partners in trade under the firm and style of Humes and Mann. In April of 1845, a Judgment was obtained by Samuel Neil who sued for the benefit of Hiram C. Carter, the sum of $70.00, for the price of a certain Sorrell Mare, which Neil sold to Mann and Humes.

John A. Mann and John N. Humes were merchants and partners in trade under the firm and style of Humes and Mann. In April of 1845, a Judgment was obtained by Samuel Neil who sued for the benefit of Hiram C. Carter, the sum of $70.00, for the price of a certain Sorrell Mare, which Neil sold to Mann and Humes.In June Mann and Humes are in counter suit, claiming that Samuel Neil sold them a lame Mare, and they are refusing to pay the note. They state that when they purchased the mare, that she had a limp, but that Samuel Neil had told them that she had stepped on something and bruised her foot, and that he had his BROTHER, to examine her and he found her to be sound. The order also stated that Samuel Neil, was not an inhabitant of the county and was given until Sept. to appear.

There was also attached a list of witnesses for both the pltf. And defd. And what they were to be paid .

Witnesses:

Joseph C. A. Newton 2 days $1.06

Henry R. Cox 2 days $1.06

Hester Allen (Esther) 2 days $1.06  (This is Esther Jane Neal Allen the wife of John Allen, sister of Col. Hezekiah Patrick Neil ) Wm. Davidson 2 days $1.06 Joseph C. Mann 1 day .53 cents

Wm. Davidson 2 days $1.06 Joseph C. Mann 1 day .53 cents( My NOTE:  This Samuel Neil/Neal is the Samuel F. Neal that moved to Harrison Co. MO and Liney Neal Jenning’s daughter buried two infants in his family cemetery)

Tags: Carter, Humes, Mann, Neil
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James Caldwell VS. Christopher Haynes

Scott County Chancery Court Records

On file at the Virginia State Library

 

1844-001

James Caldwell vs. Christopher Haynes

James Caldwell had a “fine Mulatto girl” for sale, but did not want her taken out of the county of where he lived, as he said that his family was very fond of her. He sold her to Christopher Haynes who swapped her to Grimes Neil for a Negro Boy. Which was against the agreement that James Caldwell claims to have had with the said Christopher Haynes.

(MY NOTE: Grimes Neal named a son Lilburn Haynes Neal, and James Caldwell was a witness to the will of John Allen, who was married to the sister of Hezekiah P. Neal, executor of John’s will)

There is also a marriage record in Scott county dated 19 Nov. 1829 Christopher Haynes m. Louisa Neil.

Tags: Caldwell, Haynes
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