Isle of Wight County (Va.) Chancery Causes, 1767-1966 (bulk 1872-1919)

Access and use

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

Collection context

Summary

Creator:
Isle of Wight County (Va.) Circuit Court.
Language:
English

Background

Scope and content:

Isle of Wight County (Va.) Chancery Causes, 1767-1966, 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.

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: Isle of Wight County was named probably for the Isle of Wight off the south coast of England. It was first known as Warrosquyoake for an Indian tribe living in the area whose name means "swamp in a depression of land," and was one of the original shires, or counties, first enumerated in 1634. The present name was given in 1637. Parts of Nansemond County were added in 1769 and 1772. The county seat is Isle of Wight.

Lost Locality Notes: Most pre–Revolutionary War–era loose records are missing. Volumes that record deeds, court orders, and wills exist. During the Civil War, the county clerk had Randall Boothe, a Black man he enslaved, transport the court records to Greensville and Brunswick counties for safekeeping. After the war ended, Boothe returned the records to Isle of Wight and served as courthouse caretaker.

Acquisition information:
These records came to the Library of Virginia in a transfer of court papers from Isle of Wight County (Va.) in 2001 under the accession number 38002 and under an undated accession.
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.

These records are arranged in no particular order.

Physical location:
State Records Center
Physical description:
Digital images; 87.1 cubic feet (192 boxes)