Montgomery County (Va.) Chancery Causes, 1773-1938

Access and use

Location of collection:
Montgomery County Circuit Court
Montgomery County Circuit Court
55 East Main Street, Suite 1
Christiansburg, VA 24073
Contact for questions and access:
Phone: (540) 382-5760

Summary

Creator:
Montgomery County (Va.) Circuit Court
Language:
English

Background

Scope and content:

Montgomery County (Va.) Chancery Causes, 1773-1938, consists of cases concerning issues of equity brought largely by residents of the county and filed in the circuit court. These cases often involve the following actions: divisions of estates or land, disputes over wills, disputes regarding contracts, debt, divorce, and business disputes. Other less prevalent issues include freedom suits, permissions to sell property, and disputes concerning trespass. Predominant documents found in these chancery causes include bills (documents the plaintiff's complaint), answers (defendant's response to the plaintiff's complaint), decrees (court's decision), depositions, affidavits, correspondence, lists of heirs, deeds, plats, wills, records involving enslaved individuals, business records or vital statistics.

A number of suits from 1861-1865 involve plaintiff's using the Chancery Court to prevent the Confederate Army from seizing personal land or goods for use in the war effort.

Biographical / historical:

Context for Record Type: Chancery Causes are cases of equity. According to Black's Law Dictionary they are "administered according to fairness as contrasted with the strictly formulated rules of common law." A judge, not a jury, determines the outcome of the case; however, the judge is basing the decision on findings compiled and documented by Commissioners. Chancery causes are useful when researching local history, genealogical information, and land or estate divisions. They are a valuable source of local, state, social, and legal history and serve as a primary source for understanding a locality's history. Chancery causes document the lived experiences of free and enslaved individuals; women; children; people living with physical disabilities or mental health struggles; people living in poverty; defunct institutions and corporate entities; or those that may not have otherwise left traditional written histories.

Locality History: Fincastle County was created from Botetourt County in 1772, and the county court first met on 5 January 1773. Fincastle County became extinct on 31 December 1776 when it was divided to form Montgomery, Washington and Kentucky Counties. The county was named probably for George, Viscount Fincastle, Lord Dunmore's son; for John Murray, fourth earl of Dunmore, Viscount Fincastle; or for the town of Fincastle, Virginia, which was established in 1772 and named for George, Viscount Fincastle.

Locality History: Montgomery County was formed from Fincastle County in 1776, and the county court first met on 7 January 1777. Part of Botetourt County was added in 1790. Part of Pulaski County was added in 1842. The county was named for Richard Montgomery, who was killed in the American assault on Quebec late in 1775.

Acquisition information:
The majority of Montgomery County Chancery Causes came to the Library of Virginia for processing and reformatting before being returned to the Montgomery County Circuit Court. Additional records came to the Library of Virginia under accession number 50490 from A.A. Miran Arts and Books in 2012, under accession number 40900 from Historical Collectible Auctions in 2003, and under accession number 37669 in a purchase from a private seller in 2000.
Arrangement:

Organized by case, of which each is assigned a unique index number comprised of the latest year found in case and a sequentially increasing 3-digit number assigned by the processor as cases for that year are found. Arranged chronologically.

Arrangement of documents within each folder are as follows: Bill, Answer, and Final Decree (if found.)

Physical location:
Montgomery County (Va.) Circuit Court
Physical description:
Digital images