Thursday, August 23, 2007

Smith Lofland, Joseph Davis, 1804 Rockingham County VA


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A quite EARLY old 2-page ROCKINGHAM COUNTY, VIRGINIA document with cover sheet, written out in dark ink on LAID PAPER 6.5 x 8”. Transcribed as follows:

“The answer of Smith Lofland to a bill of complaint exhibited against him in the COUNTY OF ROCKINGHAM by Joseph Davis, complainant.

This defendant saving and reserving to himself at all times, all manner of benefit of exception to the many untruths, uncertainties, and imperfections in the said bill contained, for answer where to as to so much thereof as he is advised is material or necessary for him to answer unto, answereth and saith

That on the 27th day of March 1797, this defendant made a fair and bone fide contract with the complainant for the execution in the bill mentioned and took from the said complainant an assignment, thereof with direction, to the Clerk of Rockingham County, to file said execution for the use of this defendant, which is signed by the said complainant’s own hand in the presence of a witness, for which execution this defendant gave a fair consideration to the said complainant to wit, a judgment of Jonathon Shipman against said Davis, amounting with costs to the sum of L15.0.6, which sum this defendant paid to said Shipman for the complainant and the further sum of twenty six dollars in money and fees.

This defendant solemnly declares that the foregoing is a true statement of the business, that he did not in any manner defraud the complainant as is falsely and maliciously charged in said bill, but acted with him in a fair and just manner.
This defendant denies all manner of combination and conspiracy, etc., and prays to be hence dismissed with his reasonable costs in this behalf unjustly detained. (?) fee(?) per day.

Rockingham County to wit,
Smith Lofland made oath before me a justice of the peace for said County that the foregoing Answer is true. Given under my hand this 15 day of May 1804
J.(?) Rutherford”

This rather unusual old legal document is in quite good condition on paper of excellent rag content.

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