Charles City County (Va.) Chancery Causes, 1758-1964 (bulk 1870-1930)

Access and use

Location of collection:
Library of Virginia
The Library of Virginia
800 East Broad Street
Richmond, VA 23219
Contact for questions and access:
POC: Archives Reference Services
Phone: (804) 692-3888

Summary

Creator:
Charles City County (Va.) Circuit Court
Language:
English

Background

Scope and content:

Charles City County (Va.) Chancery Causes, 1758-1964, 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.

The chancery causes are mostly comprised of debt suits, many of which ended between 1870 and 1900, and estate suits, which primarily ended between 1830 and 1900. Debt suits involved both businesses, such as lumber companies, and private citizens, several of whom resided in the City of Richmond. Estate suits generally concerned the distribution of property and sometimes involved historic properties like "Shirley Plantation" (owned by the Carter family). Frequently occurring topics of interest include enslavement; migration and immigration; and property.

Chancery causes that ended before 1865, as well as some that ended afterwards, may contain information related to free and enslaved Black and multiracial individuals. However, these cases largely represent the perspective of white enslavers and their disputes involving the sale, hiring, financial responsibilities, and legality of ownership of Black individuals. Under the system of chattel slavery, laws permitted enslavers to treat enslaved people as personal possessions in the same manner as livestock, farm equipment, or household items.

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: Charles City County was named for King Charles I and was one of the original shires, or counties, first enumerated in 1634. The county seat is Charles City. Part of James City County was added to Charles City in 1721.

Lost Locality Note: Records have been destroyed at various times. The most damage occurred during the Civil War when the records were strewn through the woods in a rainstorm. A few pre–Civil War volumes such as deed books, will books, minute books, and order books exist.

Acquisition information:
These records came to the Library of Virginia in a transfer of court papers from Charles City County (Va.) in 2016 under the accession number 51922.
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 generally as follows: Bill, Answer, and Final Decree (if found.)

Physical location:
Library of Virginia
Physical description:
Digital images; 27.225 cubic feet (60 boxes)