Winchester (Va.) Chancery Causes, 1787-1936 (bulk 1859-1936)

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:
Winchester (Va.) Circuit Court.
Language:
English

Background

Scope and content:

Winchester (Va.) Chancery Causes, 1787-1936, 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 collection also includes chancery suits heard in Frederick County Circuit Court.

Biographical / historical:

Context of 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: Winchester, in Frederick County, was first known as Opequon, then as Frederick's Town (or Fredericktown), and, finally, on establishment as a town in 1752, as Winchester. According to tradition, one of the town's founders, James Wood, named the town in honor of his birthplace in England. Winchester was incorporated as a town in 1779 and as a city in 1874.

Acquisition information:
These records came to the Library of Virginia in a transfer of court papers from Winchester (Va.).
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 is as follows: Bill, Answer, and Final Decree (if found).

Physical location:
Library of Virginia
Physical description:
14.75 cubic feet (32 boxes); Digital images.