Thomas Davenport Jr. vs. Richard Bandy, 1767-1785

I love, love, love the Virginia Memory: Chancery Court Index website!

Richard Bandy Senior, my husband’s 5X great grandfather apparently had an ongoing tiff with Thomas Davenport Jr., both of Bedford County, Virginia about the time of the American Revolution.

A deal was struck in 1767, but not concluded properly by Richard Bandy, who in turn, was sued by Thomas Davenport Jr. after the close of the war in 1784.

Here are the Chancery Court details, found on Virginia Memory:

To the worshipful Court of Bedford Sitting in Chancery

Humbly complaining sheweth unto your Worships your
Orator Thomas Davenport junior that whereas Richard
Bandy being indebted to your Orator in the Sum of twentytwo
pounds four Shillings & six pence current money of Virginia for
securing the Paiment there of with Interest in and by one
certain writing bearing Date the twenty sixth Day of October
MDCCLXVII made between the said Richard Bandy of
the one Part & your Orator of the other Part did bargain &
Sell unto your Orator & his Heirs one Negro Woman Slave named Hannah, four feather Beds & their Furniture, one large brown
Horse branded on the rear Buttock [ ], three head of (?)
Cattle two of them marked on (?) and hold in their
right Ear, & over kill in the left Ear; as by the said Writ
ten Mortgage in your Orator’s Custody will more fully appear,
and whereas the said Richard Bandy hath since neglected to pay both principal & Interest of the Debt aforesaid, altho your Orator hath often desired him to pay the same, which in Justice
to your Orator be (???) to (?????) that he hath removed the said mortgaged estate from from your Orator, and as your Orator is informed is wasting or hath disposed of the same or Pact thereof to Persons unknown to your Orator, whereby there is Danger of your
Orator’s losing this Debt without the Aid of the wor
-shipful Court: In tender Consideration Whereof and for as
much as your Orator hath no Remedy at Law to fore
close the said mortgaged Estate but in this worshipful Court
& to the End that the said Richard Bandy may on his
corporal Oath in the Court true & perfect Answer make to
the Premises, as fully as if the same were herein again
set forth & interrogated; also that the said Richard Bandy
may be decreed to pay your Orator his principal & Interest
with his Costs by a certain Day to be (???) by this wor
-shipful Court; or in Default thereof that your Orator

May be Decreed of this worshipful Court that your Orator
may hold the mortgaged Premises, free & discharged of all
Equity & Power of Redemption which the said Richard Bandy
or any Person claiming under him may or might claim
to have in or to the said Premises or any Part thereof:
also that the said Richard Bandy may be ordered to make
further apurance? of the same Possession to your Orator
his Exor or Assigns & that your Orator may be further
relieved in the Premises according to Equity and good
Conscience: may it please your worships to grant a Writ
of Subpena to be directed to the said Richard Bandy, Sen
commanding him to appear & to answer (??)
And your Orator Shall ever pray

The Court’s answer:

The Commonwealth of Virginia To the Sheriff of
Bedford County Greeting We Command You as
at another time we have Commanded you
that You attach Richard Bandy so that You
have his Body before Our Justices of Oursaid
County Court at the Court House on the forth
Monday in Next Month to answer us as well
of a Certain Contempt by him to us
offered as it is said upon those things which
Shall then and there be Objected against him
and further to do and Receive what oursaid
Court Shall in that Part Consider and have
then there this Witness James Steptoe Clerk of
Oursaid Court at the Court House the Twenty
Seventh day of April 1784 in the Eighth Year
of The commonwealth–JaSteptoe, Clerk

It seems that a few pages are missing and/or out of order in this packet, but Richard Bandy was in contempt of court for not appearing previously.

The Commonwealth of Virginia To the Sheriff of Bedford
County Greeting we Command You that You Summon richard
Bandy to appear Before the Justices of oursaid County Court
at the Court House on the fourth Monday in Next Month
to Answer a Bill in Chancery (??) against him by
Thomas Davenport Junr (of Cumberland County) and this he shall
in No wise Comit under the Penalty of one Hundred—
Punds and have then there this writ witness James Steptoe
Clerk of Oursaid County Court at the Court House the
Twenty Ninth day of august 1783 in the Eighth Year of
The Commonwealth—-   James Steptoe

Bedford July Court 1784
Thomas Davenport Junr. Pltf
against
Richard Bandy Deft. —-In Chancery
The Defendant having Stood out
all Process of Contempt On the Motion of the
Complainant by his attorney It is ordered that
within Two Months the Defendant Pay to the
Complainant the Sum of Twenty Two Pounds
four Shillings & Sixpence with Interest from 26
October 1767 & the Costs of this Suit & that the
Defendant be Served with a Copy of this
Order—–Test JaSteptoe

The Commonwealth of Virginia to the Sheriff of Bedford Greeting We Command You that You attach Richard Bandy so that You have his Body before Our Justices of oursaid County Court at the Court House on the fourth Monday in Next Month to answer us as well of a Certain Contempt by him to as offered as it is Said as upon those Things which shall then and there be objected–
against him and further to do and Receive what oursaid Court shall in that Part Consider and have then then this Writ witness James Steptoe Clerk of our Said Court at the Court House the Twenty fourth day of March 1784 in the Eight Year of The Commonwealth
James Steptoe—

This file is from Bedford County, Virginia #1785-013.

I would love to have hears the explanations given in court by the sheriff as to why Richard Bandy wasn’t taken into custody and dragged into court, if need be. He had lived in Cumberland County, Virginia, but removed to Botetourt County, where died in September 1795. He lived there for a number of years.

Apparently, no one had any idea where he had moved to, although many families had relatives in these counties. I wonder if Richard even knew that he was being sued???

Dave’s line of descent:

Richard Bandy & Elizabeth
John Bandy & Lucy Christian (perhaps?)
Andrew Bandy & Rebecca Wooldridge
Mary Bandy & Isaac Sturgell
Abijah Houston Sturgell & Martha Susannah Alberty
Oscar Eldon Sturgell & Ethel Anne Nation
Ruby Jewel Sturgell & Edward Earl Stufflebean
David Lee Stufflebean

 

 

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