Fairfax County (Va.) Chancery Causes, 1803-1970 (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:
Fairfax County (Va.) Circuit Court
Language:
English

Background

Scope and content:

Fairfax County (Va.) Chancery Causes, 1803-1970, 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.

Commonly found surnames among the plaintiffs and defendants include Adams, Allen, Allison, Anderson, Ball, Ballenger, Barker, Beach, Brown, Buckley, Burke, Butler, Campbell, Carter, Chichester, Clark, Cockerille, Coleman, Daniel, Darne, Davis, Fairfax, Farr, Fitzhugh, Follin, Ford, Fox, Grigsby, Gunnell, Hall, Halley, Harris, Harrison, Henderson, Howard, Hunter, Hutchison, Jackson, Jenkins, Johnson, Johnston, Jones, Kidwell, Kincheloe, Lee, Lewis, Makely (also spelled Makeley), Marshall, Mason, Millan, Miller, Mills, Mitchell, Money, Moore, Nelson, Oliver, Payne, Phillips, Powell, Ratcliffe, Reid, Richards, Richardson, Riley, Roberts, Robinson, Rogers, Russell, Scott, Selecman, Simpson, Smith, Steele, Stewart, Stone, Taylor, Thomas, Thompson, Thornton, Trammell, Turner, Walker, Walters, Watkins, Wells, White, Willcoxen (also spelled Willcoxon), Williams, Wilson, Woodyard, Wrenn, Wright, and Young.

The Commonwealth of Virginia is the primary plaintiff in 23 suits between 1870 and 1938; Fairfax County is the primary plaintiff in 15 suits between 1909 and 1925; the National Bank of Fairfax is involved in 17 suits between 1908 and 1934; the Peoples National Bank of Leesburg is involved in 10 suits between 1908 and 1938; and W. H. May & Son (also called W. H. May & Son Inc.) is the primary plaintiff in 15 suits between 1901 and 1932.

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: Fairfax County was named for Thomas Fairfax, sixth baron Fairfax of Cameron, proprietor of the Northern Neck. It was formed from Prince William County in 1742. Part of Loudoun County was added in 1798. The county seat is the city of Fairfax.

Lost Locality Note: Original wills and deeds as well as many other loose papers were destroyed during the Civil War. Deed books for twenty-six of the fifty-six years between 1763 and 1819 are missing. Numerous pre–Civil War minute books are missing as well.

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