Andrew and Aggy Anderson - Shenandoah Valley Black Heritage

Andrew and Aggy Anderson
Free Black Family
In Brocks Gap
1807 – 1845
Andrew and Aggy Anderson
Free Black Family
In Brocks Gap
1807 - 1845
by
Pat Turner Ritchie
1559 Moffett Dr.
Winchester, VA 22601
March 2008
Table of Contents
1. Introduction
1
2. Who were the Andersons?
2
3. What were Andrew and Aggy Like?
3
4. Map of Crab Run Area (by Vincent Smith)
6
5. Anderson’s children
7
6. Church affiliation
7
7. Andrew & Aggy’s last days
8
Article of Agreement with Souder
8. Land Transactions
9
13
Agreement with Matthews and Anderson
14
9. Anderson’s Farm at Crab Run, Bergton, Virginia
15
10. Real Estate Taxes
18
11. Other Business Matters
19
12. Andrew Anderson’s Last Lawsuit
22
13. Summary
25
14. Appendix A
Other Blacks in Brocks Gap
15. Appendix B
Transcriptions of court testimony in
Souders versus Dove & Chrisman
26
29
2
Andrew & Aggy Anderson,
Free Black Family in Brocks Gap
The Andrew Anderson family was the first free African-American family in Brocks Gap that
we know. Andrew Anderson and his wife Aggy lived on a branch called Goose Creek in the
Crab Run area near Bergton, Virginia. Their farm was between Philip Souder’s land (the area of
the old mill at the corner of Crab Run Road Mongold Hollow road) and the Rockingham/Hardy
County line. Andrew and Aggy owned their own farm and were hard workers. They were
accepted members of the community. Andrew had frequent business dealings with neighbors,
borrowing and lending small and large sums of money to neighbors. In the Anderson’s later
years, white neighbors took care of them, even moving the widow into their own home.
Approximate location of
the Andersons’ home.
Philip Souder
This 1885 map of Dovesville (now Bergton) was made 50 years after the Andersons
died. The Philip Souder on this map was Philip Souder Junior, son of Philip and Eve
Souder who eventually took care of the Andersons. Neighbor Henry Moyers lived just
across the state line in West Virginia.
1
Who were the Andersons?
Andrew Anderson was born between 1775 and 1794, and he died in 1838 at Bergton, Virginia.
His birth date is an estimate from the 1820 census. In 1802, Andrew married Aggy, a free black
woman, in Rockingham County. She was born between 1775 and 1794, and she died in the
summer of 1845, probably at the home of Philip Souder where she had been living. We don’t
know where the Andersons are buried; perhaps they are buried in the Souder family cemetery
near Crab Run. Andrew was a farmer and owned his own 47-acre farm in the Crab Run area of
Bergton, Virginia and another 100-acre tract.
We don’t know where either Andrew or Aggy was born, and we don’t know if they were born
free or had been born into slavery and set free. There was a Register of Free Blacks for
Rockingham County, but their names are not listed in it. Andrew Anderson’s name evolved over
the years in official documents from simply “Anderson” to “Andrew Andrew” to its final form of
“Andrew Anderson.”
The earliest record we can find for either Andrew or Aggy is their marriage in 1802 in
Rockingham County, Virginia. Assuming Andrew was about 20 years old when he was married,
he was probably born between 1775 and 1782.
The marriage bond was dated July 30, 1802. The names on the bond are simply given as
“Anderson” and “Aggy” with no last names. The bond notes that both were free Negroes. The
bondsman was H. J. Gambill. Because the bondsman had a financial interest in the marriage
bond, the bondsman usually was the father of the bride or a close relative.
Since Gambill posted bond for Andrew Anderson, Gambill must have known Andrew and
trusted him enough to post bond for him. Perhaps Andrew Anderson had served the Gambill
family at some point. H. J. Gambill was a well-to-do man who became Clerk of the County
Court from 1817-1847. Gambill was Clerk of the Circuit Court from April 24, 1809 until May
11, 1847. Gambill was a slave-owner, holding 6 slaves in 1810 and 20 slaves in 1820. I think
the Gambill family lived near Harrisonburg,
2
Above is the marriage bond for Anderson, a free Negro, to marry Aggy, a free Negro, 1802.
What were Andrew and Aggy like?
Andrew Anderson was described by neighbors as “a free man of colour,” “Negro,” and “Black.”
In a later court case, neighbor Elizabeth Moyer was asked, “Were Anderson and his wife
tolerably Black Negroes?” She replied that “he was a black Negro and his wife was not so
black.”
There were few black people in Brocks Gap, free or slave. Census records show that Andrew
and Aggy were probably the only free black family in the Brocks Gap area during their lifetime.
In 1840, after Andrew had died, there was a free black family of Samuel Furry with a wife and a
young boy & young girl who lived between Martin Whetzel and Aaron Dove, Jr. at Bergton.
Also in 1840 John Hubbard was head of a free black family with a wife and 2 children. They
lived between Benjamin Dellinger and Frederick Hottinger, perhaps in the Runions Creek area.
In the court case after Andrew’s death, testimony indicates that he was on a first-name basis with
the neighborhood, even with the neighbors from whom he borrowed money. Frederick Dove
commented on what a good farmer Andrew had been, and that he took care of his farm. Dove
said, “he was a most careful farmer and left the land in much better order and repair at his death
3
than it was when he purchased it, and it was as well enclosed then [during Andrew’s lifetime] as
it is now” (from the Chancery court case of Sowders versus Chrisman).
Andrew’s honesty in business dealings was acknowledged and accepted in the community. In the
Chancery Court case after Andrew’s death, none of the witnesses said anything bad about his
character or business dealings, although they were quite frank about other neighbors. Andrew
had borrowed money from various people in the community at different times but paid them
back eventually. He had bought a horse from James Turner for $30 and paid by credit with a
note (IOU). Turner lived at Fulks Run, about ten miles from Andrew’s house and was not an
immediate neighbor. Andrew’s near-neighbor Samuel May was security for Andrew to buy a
cow for $11 at Mr. Miller’s sale, and the note was paid eventually. There were other instances
when Andrew bought on credit from neighbors or Rader’s store and paid back his debts, usually
with farm produce, livestock, or shingles. Wheat, wheat seed, clover, clover seed, buckwheat,
sheep, and a colt were some of the products that he used to pay his debts.
Andrew also loaned money to neighbors and sold them things on credit. In 1806, he loaned 84
pounds of money to John Ritchie. (This was enough money to buy a small farm). We know
Andrew sold things to Frederick Dove on credit. Even though Andrew couldn’t write his name,
he must have known some arithmetic in order to calculate how much people owned him.
The Andersons were on a first-name basis with the neighbors, and Andrew was bold to speak up
for himself. William Parks described an occasion when Andrew was discussing a debt he owed
to Frederick “Fritz” Dove. Parks said that Andrew said, “Fritz, it is time I had my deed of trust.”
Evidently Andrew wasn’t too shy to talk about his business. Jacob A. Mitchell described another
meeting between Andrew Anderson and Frederick Dove when both men disagreed on how much
money they owed each other. According to Mitchell, “The Negro Andrew said a great many
rough things to Fredk. Dove, and also Fredk. Dove returned pretty much the same language.”
Since he was a free man, Andrew could make legal contracts. He was not afraid to take people
to court when necessary. There are at least two court cases where he was the plaintiff (the one
bringing the lawsuit) over a land transaction and a debt secured by a deed of trust. These court
cases will be discussed later. Several years after Andrew died, his estate was sued for an old
debt, and the testimony from that case has left us with much information about the Andersons.
Andrew was probably in declining health for eight to ten years before he died, based on what
their neighbors reported. Even though he had been a good farmer, they thought that he wouldn’t
have been able to pay off large debts during the last eight to ten years of his life. Probably he
was not physically able to plant large crops or make shingles as he had when he was younger.
4
Aggy Anderson was an industrious woman who took pride in her appearance. She was “quite a
provident woman,” Frederick Dove said. “She was in the habit of spinning and making linen,
and trading it for coffee and other necessaries.” At the time Andrew died, Aggy had two small
spinning wheels and one big spinning wheel. Since Aggy wove linen, Andrew probably grew
some flax on the farm.
Some of the neighbors may have been a bit jealous of Aggy, if what Frederick Dove said was
true. “She was as well clothed, [or] better than any person in the neighborhood.” Evidently she
was well organized and planned ahead, too. Frederick Dove also said that for some time before
her death, she had a neat suit of burying clothes in readiness.
Aggy, however, “continued a hale hearty woman . . . within six weeks of her death and did her
own work and work for Sowders” [Philip Souder, who was taking care of her in his home]. This
is another quote from Frederick Dove’s testimony in 1845. Elizabeth Moyer was living with
the Andersons to help take care of Mrs. Anderson when Andrew died. Elizabeth agreed that
Aggy had been in good health and could work all the time until the winter before her death.
The testimony about Aggy makes her sound like a pleasant person, too. Elizabeth continued to
visit Aggy even after she moved to the Souders' house to live. No one said anything bad about
Aggy during the court case Souder versus Chrisman.
5
Andrew
Anderson’s 12.5
acre survey
Present-Day Crab
Run Road
General area of
Andrew
Anderson’s 47 acre
farm
This is a map from Vincent Smith’s Moyer book showing Moyer property and Andrew
Anderson’s 12.5 acre survey for which he never received a deed.
6
The Anderson’s children
Aggy and Andrew were married in 1802. By 1810, they had 2 children. The 1810 census just
says there were 4 free people in the household; we don’t know their ages. The 1820 census says
two females under the age of 14 were in the family in addition to Andrew and wife, so the girls
were born after 1806. By 1830, no children were listed with Aggy and Andrew. The court case
after the Andersons’ deaths says that they had no heirs.
What happened to the Anderson daughters? So far I haven’t found marriages for Anderson
children in Rockingham County. But in 1840, a new free black family was living at Bergton
between Martin Whetzel and Aaron Dove Junior, which is the Andersons’ neighborhood. This
family was headed by Samuel Furry, with a male born between 1804 and 1816, a female born
between 1804 and 1816, and 2 children under ten years of age. The mother of this Furry family
is just the right age to have been Andrew’s daughter. The Furry family seems to have left the
area, because I can’t find them in the census records in 1850 or later.
There is an interesting story told by Frederick Dove about an Anderson daughter named Nancy.
One year, no date given except that it was during Andrew’s lifetime, the constable had to sell
some of Andrew’s property to pay a debt. At that time, Frederick Dove bought a blind mare for
a few cents and gave it to Andrew’s daughter Nancy. The next spring, the blind mare had a mare
colt, which Nancy and the family raised until it was big enough to sell. Then Andrew sold or
traded the cold to David Steel Esq. According to this story, there was an Anderson daughter
named Nancy. It will be difficult to find out more about Nancy because records from that time
period are scarce.
If the Anderson daughters were still living in the area after 1838, they probably would have
taken care of their mother in order to inherit the farm. They must have died before their mother
Aggy, because in the 1845 court case, Philip Souder stated that Aggy Anderson was Andrew
Anderson’s only survivor and heir.
Their Church Affiliation
When the Andersons were living at Crab Run near Bergton from about 1807 to1845, there were
no organized churches with written church records. In the late 1790s and early 1800s, Lutheran
minister Rev. Paul Hinkel traveled through the community and preached often at the home of
Frederick Dove’s father. Rev. Hinkel’s diary does not record anything on the Andersons. Elder
John Kline of the Brethren Church began his ministry in 1835 and traveled through the area, but
his diary does not mention the Andersons, either. Since the Andersons seem to have been fully
involved in the community, they probably attended preaching whenever ministers were in the
area, but we have no way of knowing this for certain. Their neighbor Philip Souder was
Lutheran, and another neighbor Henry Moyers was Brethren. Perhaps someday records of other
traveling ministers will turn up and have a mention of the Andersons of Crab Run.
7
Andrew and Aggy’s last days
Andrew Anderson died in 1838, but a few years later no one could remember the exact month or
day of his death. Their neighbor Elizabeth Moyer had lived with them to help take care of Aggy
when she was sick. Elizabeth was living with the Andersons when Andrew died. From the
neighbors’ accounts, he may have been in declining health for eight or ten years before his death.
For the times, he was a fairly old man, probably being in his 60s.
Aggy lived at her home for about a year after her husband’s death. The Andersons’ next door
neighbor Philip Souder took care of Aggy even when she lived in her own home, but after about
a year he took her to his house to live. Aggy kept all her personal property when she moved, but
she didn’t have many possessions. Mr. Souder sold their horse for $10 and the windmill for $6.
Some of the money from the sale was probably used to pay real estate taxes on the farm, as
deputy sheriff Jacob A. Mitchell testified that Souder had paid the back taxes of $15 after
Andrew died. Aggy had some small hogs, which Souder evidently kept. To be sure she would be
taken care of in her old age, Aggy Anderson made a formal agreement with Philip Souder that he
would take care of her in exchange for her farm. This was a common arrangement in those days,
especially when the elderly person had no other heirs. Census records show that Aggy and
Andrew probably had two daughters, but they must have died before their parents. When it was
time to settle Aggy’s estate, the records state she had no heirs.
The Article of Agreement between Aggy Anderson and Philip Souder was dated November 11,
1841. It states that Philip promised to maintain Aggy Anderson in a decent manner (food and
clothing and housing). For the maintenance he was to have the land, which her husband Andrew
Anderson had bought. Both Aggy Anderson and Philip Souder signed by their X marks.
The witnesses to the Article of Agreement document were Frederick N. Mowrey, Aaron Dove,
and Josiah Souder. Josiah Souder was Philip Souder’s son. There were two Aaron Doves living
in the area during this time. Aaron Dove Junior was the son of Frederick Dove and the husband
of Phillip Souder’s daughter Elizabeth. Aaron Dove Senior was the son of George Dove. I am
not sure which Aaron Dove was witness.
8
Article of Agreement between Aggy Anderson and Philip Souder about taking care of her in exchange
for her farm.
9
Philip Souder took care of Aggy for about seven years. Aggy enjoyed good health while she
lived with the Souders. She was able to take care of herself and help out at the Souders’ house
for most of the time. Later the neighbors disagreed on exactly when she had become too weak to
work. Aggy’s industriousness seems to have made some of the neighbors jealous again.
Frederick Dove said that she was only sick for six weeks before she died. “And if the contract
between Sowders and Aggy was that he was to have the use of the land merely for supporting the
old woman, he has had a good bargain, for she supported herself,” Frederick said.
Aggy’s friend Elizabeth Moyer said that Aggy was too ill to work for several months, from the
winter until the next summer when she died. Philip Souder disagreed with Frederick Dove that
the agreement between himself and Aggy was easy to carry out. Souder had supported her for
seven years, and he considered he had a hard bargain, and [taking care of Mrs. Anderson] was
more a matter of humanity than any expectation of gain.
In 1991, Tressie Souder took this photo of one of only two log buildings
remaining on the Philip Souder land. This appears to be a small
outbuilding. (page 55 of The Anthony Souder History 1750-1989))
10
Are There Any Photographs?
Andrew and Aggy Anderson lived before photographs were common. We don’t have any
photographs of Aggy, Andrew, or Philip Souder, but we have photographs of two of Philip’s
children.
Josiah Souder (1822-1902) and his second wife
Catherine Basore. The son of Philip Souder, Josiah was
a witness in 1841 to the Article of Agreement between
Aggy Anderson and Philip Souder.
11
Mary Souder Basore (1827-1905) on left and her husband John Basore. John is holding
their granddaughter Victoria Mathias, and their daughter Victoria Basore is standing beside
him. A daughter of Philip Souder, Mary was about 14 years old when her parents started
taking care of Aggy Anderson. Mary probably helped take care of Aggy.
12
Land Transactions
In 1805, “Anderson” of the marriage bond had changed his name to “Andrew Anderson.” He
had been married for a few years and was in the market for “a piece of ground to live on.”
Francis Matthews showed him the small farm where Matthews lived, which he claimed
contained 50 or more acres and some good farmland. (The neighbors to this farm were
Valentine Wolf, Stephen Depoes, and Reuben Skeens, which are usually not Brocks Gap names).
On October 23, 1805, Matthews and Anderson came to an agreement that Anderson would buy
the land for $150. The Articles of Agreement between the two of them says that Anderson was
to have it surveyed, and after that Matthews would give Anderson the title to the land. Matthews
could live on the land and use the firewood until the last of March 1806, after which time he was
to move out peacefully. William Smith was witness to the agreement.
This land purchase was not recorded at the courthouse because of several problems. The survey
showed that there were only 30 acres instead of 50 or more acres as Matthews had promised.
Even worse, the survey didn’t include the good land that Matthews had said was included with
the farm. Anderson felt he had been deceived.
By October 1806, Anderson had filed a Chancery Court case to get back the 26 pounds of money
he had already paid Matthews and stop the sale. Matthews had sold the note (Anderson’s IOU
for the rest of the sale money) to John Beal. Since a year had passed since the original sale, the
IOU was due to be paid, and Beal had tried to collect it from Anderson. The wheels of justice
moved slowly in those days, too, as it appears from the jacket cover that the case dragged on
until 1810.
On April 19, 1808, Andrew Anderson, John Harrison and George Dove posted bond to John Beal
for forty pounds. If the court case between Anderson and Matthews was decided for Anderson,
they didn’t have to pay the forty pounds. H. J. Gambill was witness on this bond, which is
another tie between Gambill and Anderson.
The surviving papers from the court case do not tell how the case ended. However, no deed was
recorded from Matthews, and Anderson bought land on Crab Run in Brocks Gap in 1807. We
can assume that his case against Matthews was decided in his favor.
13
Agreement between Francis Matthews and Andrew Anderson for purchase of land. This
agreement fell through.
14
While the court case was still being decided for Anderson versus Matthews, Andrew Anderson
had enough money to purchase a different farm on Oct. 24, 1807. This one was in Brocks Gap
near Crab Run. This farm, where the Andersons spent the rest of their lives, had 47 acres and
had been part of the Joseph Dispeny farm. The purchase price was $50. Andrew’s name in this
deed is given as “Andrew Anders.” On the original land grant to Joseph Dispeny, the land was
described as being on the “parting turn in the West Gap.”
The deed said the land was first granted to Joseph Dispeny [also spelled Disponet] in March
1788. Joseph died without having a will, and the land descended to Joseph’s children. The
Dispeny heirs conveyed the 47 acres to Joseph’s son John Dispeny who then sold it to Andrew
Anderson.
The deed was witnessed by George Dove, Giles Turley, and Jacob Cruntz [this may have been
Lantz instead of Cruntz]. Maybe George Dove met Andrew during this land transaction. George
must have been confident that Andrew was a good financial manager, because the next year after
the Dispeny land sale, George went bond with Andrew in the court case against Matthews. And
of course, after Andrew and Aggy moved to their new farm in Brocks Gap, they were neighbors
of George Dove.
Where did Andrew get his money to buy land? Some cash was tied up in his first purchase of the
Matthew land in 1805, which took place only 3 years after he married. The 1807 deed for the
Dispeny land says the $50 was in hand and paid. Usually when a land purchase was paid for by
installments, the deed would spell out the payment schedule. The Dispeny sale does not have a
payment schedule. Andrew may have worked for wages somewhere and saved his money for the
land purchase.
The Farm near Crab Run, Bergton
Because of a court case after Andrew and Aggy’s deaths, we learned more about their farm and
lives than we know about most other
people of the time. For instance, their log
house was about 30 or 40 yards from the
road. There was an orchard at the farm
which included apple trees. The farm
bordered the land of Philip Souder,
Michael Moyers, Sr. and others. The
Anderson farm was about a mile from the
fork of the road (probably near the
Lutheran Church where Crab Run Road
turns off the Bergton Road). A deed of
trust (Deed Book 8, pge 24) described it
as bounded by lands of Philip Souder and
Michael Moyers Sr., lying on Goose
Creek. “Goose Creek” is not on present-day maps and is not a familiar name to people who live
in the area today. It may be an old name for “Crab Run.”
15
The farm produced enough clover seed and buckwheat that Andrew could sell to neighbors.
Although there wasn’t a lot of timber on the farm according the neighbor Philip Souder, Andrew
cut trees and made shingles for sale, too. Andrew’s neighbor Frederick Dove that Andrew “was
a most careful farmer and left the land in much better order and repair at his death than it was
when he purchased it, and it was as well enclosed then as it is now.”
Although this photo was taken about 80 years after Andrew Anderson died,
the rail fence is probably like the fence he built on his farm.
Several years after Andrew Anderson died, Frederick Dove estimated that Anderson’s land
would now sell for $100. It would probably sell for $150 or $200 if it were not for the threats of
Sowders [Philip Souder, who took care of the widow Anderson in exchange for the farm],.
There was a larger log house on the farm when Andersons lived there, but Souder tore it down
and erected a smaller log house sometime after Andrew died, according to Frederick Dove’s
testimony.
16
The home had many furnishings common to the times. Here is a list of the goods that were in
the house according to neighbor Elizabeth Moyer, who had lived with the Andersons to take care
of them.
2 kettles
2 beds pretty good ones
2 chests
1 trunk
1 shovel plow
1 wall stove
1 windmill,
1 falling axe
2 small Spinning wheels
1 big wheel
1 cupboard
1 Dutch oven
1 small pot
1 skillet
1 Spider
1 pair horse gears
1 washing tub
5 head of hogs,
1 horse, 1 look & gears
A wall stove seems to be an unusual item for the time (1830s-40s) but there aren’t many other
estate settlements from that time period to compare. What was the windmill for? Maybe it was
used to pump water for the livestock. After Andrew’s death, Philip Souder sold the windmill to
John Mongold, a neighbor for $6. There weren’t a lot of household items, but there may have
been more household and farming items than are in this list. Elizabeth Moyer, their neighbor
who had lived with the Andersons to help take care of them, gave this list in a later court case.
She was probably reciting it from memory and no doubt did not list everything of the
Anderson’s.
In 1813, Andrew Anderson had 12 ½ acres of land surveyed for himself near his own land, but
for some reason he never got a deed for it. A copy of the survey has survived and was owned
last by Warren Souder. Vincent Smith drew this survey as #7 on page 378 of in his book The
Moyer Families of Crab Run, Northwestern Rockingham County, Virginia. The 12 ½ acres
bordered Moyers land. This 12 ½ acres must have been close to Andrew’s 47 acre farm. The
survey says:
Rockingham County May 26th 1813
Surveyed for Andrew Anderson (Free Negro) pursuant to Alexr. Hering’s
warrant for 1000 acres N5059 dated 6th April 1813, twelve acres and a half of
land lying on the North east side of the Capen [Capon] road in Brocks Gap on
the North Fork of the River, Bounded as followeth (twk) Beginning at a Pine
Moyers Corner thence with the Mountain Survey S 31 ½ W 101 po to a pine by
a Gully thence N 11E 112 Po to a Hickory and pine his and Moyers corner
thence with Moyers line S51E38 po to the Beginning
Benjamin Bryan Ast.
Herring SRC
17
This is the survey for 12 ½ acres for Andrew Anderson. A copy of this survey
came into the first Brocks Gap Heritage Day from Warren Souder.
Sometime before 1837, Andrew bought or received a patent for another 100 acres, but I haven’t
found the record for this purchase. Starting in 1837 and continuing for several years, he was
taxed for 47 acres and a 100 acre tract.
Real Estate Taxes
The first Rockingham County land tax record I found for Andrew Anderson was in 1811 when
he was taxed for 47 acres.
Skipping ahead to 1837, he was taxed for a 47 acre tract and a 100 acre tract. In the 1838 land
tax, his 47 acres in Brocks Gap were listed as 31 miles northwest from the courthouse and was
worth $3 per acre. Land taxes were in Andrew Anderson’s name for about 20 years after his
death. In 1849 his estate contained both the 47 and the 100-acre tracts. In 1855, only the 100
acre tract was in his name, with $75 value added for the building. In 1859 Andrew Anderson’s
name dropped out of the tax record.
I could not follow find what happened to either the 47 or the 100-acre tracts. After a lengthy
court case, the court decided Philip Souder should have the 47 acre tract for taking care of the
widow Anderson. Even though I followed land sales of Philip Souder, I didn’t find out how he
sold Anderson’s 47 acres.
18
Other Business Matters
Andrew Anderson must have been a thrifty person in his younger days and had money to loan
and invest. In 1806, when some of his money was tied up in a land purchase from Francis
Matthews, Andrew still had enough money to loan 84 pounds to John Ritchie. This was a very
large loan and was secured by a deed of trust on John and Susanna Ritchie’s land. The deed of
trust is recorded in Deed Book 1, pages 139-140. This document uses the name “Andrew
Andrews” instead of Andrew Anderson. The security was 3 tracts of land in Rockingham
County totaling 95 acres, and the descriptions don’t sound like the property was in Brocks Gap.
One of the first documents to be copied at the first Brocks Gap Heritage Day was a document
about a court case over this deed of trust. John Ritchie hadn’t been able to pay back the loan to
Andrew Anderson (this time the name is Andrew Anderson) when he was supposed to. Rather
than lose the land to a public sale, John Ritchie accepted a loan from Frederick Knestrick of
Pendleton County at twice the interest rate (12% instead of 6%). Evidently Anderson was paid
back, but then John Ritchie owed a lot of money to Knestrick. The testimony from John Ritchie
is a common story - - an illiterate man trusted the lender to be honest in recording the payments
and in charging a fair rate of interest. The papers copied at Heritage Day don’t give the
conclusion of that court case, so we don’t know from them whether or not John Ritchie got to
keep his land or if it was lost to public sale.
On September 13, 1809, Andrew Anderson was the borrower, not lender. He and Aggy
borrowed $70 from John Fulk who insisted on having a lien on Anderson’s farm. This deed of
trust was recorded in Rockingham County in Deed Book 1, page 453. In this deed, Aggy’s name
is spelled “Ackey” Anderson, which may have been how local people pronounced it. This deed
of trust transaction also ended up in court in 1812 when Andrew sued John Fulk in Superior
Court in Staunton, Virginia. In this case, Anderson’s farm was described as “very poor hilly and
stony without timber.” In 1809 Anderson had asked Frederick Smith to write the deed for him.
Smith didn’t have a standard form to use as a model, so he declined to write the deed. (This
would have been Frederick Smith, schoolmaster and former Hessian soldier who lived on
Bennetts Run). Anderson had to have George Dove write the transaction, which sounds more
like a deed than a deed of trust. The wording of the suit is difficult to understand. The court
decided that the contract between the parties was not a conditional sale. Anderson was to pay all
the court costs and pay John Fulk $70 with interest from the 13th of September 1809. If he failed
to pay, Henry J. Gambill, Joseph Fawcett and Samuel McWilliams, commissioners, were to sell
the land at public auction.
19
Andrew Anderson’s note to Frederick Dove for $53.07 in 1827. This note was secured by a deed of trust on
Anderson’s farm. In 1845, Dove tried to collect it from the estate by having the farm sold at auction.
20
Frederick Dove assigned Andrew Anderson’s 1827 note to Henry and
Cambyders C. Chrisman on Feb. 15, 1845. This is why the Chrismans
were involved in Philip Souder’s lawsuit.
21
Andrew Anderson’s Last Lawsuit
The consequences of Anderson’s borrowing and lending carried on even years after his death. In
1827, Andrew owed $53.07 to Frederick Dove and gave a deed of trust on his farm as security.
Seven years after Andrew died, there was a dispute whether or not Andrew had paid off this debt
to Frederick Dove. Frederick (or “Fritz,” as the neighbors called him) claimed that Andrew’s
estate still owed the money, and he took steps to have the Anderson farm sold at public auction
in 1845.
By this time, Philip Souder had been taking care of widow Aggy Anderson for about seven
years, and the Anderson farm was to be his payment for supporting the widow. Although
Philip’s wife Eve Fulk Souder was never mentioned in the lawsuits, we can be fairly certain that
Eve would have done most of the nursing of Aggy in her final illness. Naturally, Philip was
upset that Dove was trying to sell the farm away from him.
Philip sued in Chancery Court to stop the sale and to have the old debt declared paid. There
were witnesses for both sides, and even witnesses to testify about the other witnesses’
truthfulness. During testimony it was brought out that Anderson couldn’t write and Dove was
old and crippled and had not been able to take care of his business for several years. Lewis
Yankey’s Dove history says that Frederick always spoke German and had a fine German
handwriting. However, he was over 80 years old when this court case started in 1845 and was in
declining health. Frederick was unclear on the details about whether or not Andrew had ever
paid back part or all of the money.
Most of the evidence would be called “hearsay” today, but with Anderson already deceased,
hearsay evidence was about the best they could do. William Parks testified that he had heard
Andrew Anderson and Frederick Dove discussing the debt. When Andrew told Frederick that
the debt was paid and Frederick should release the deed of trust, Frederick did not disagree.
22
Parks remembered when the conversation took place—the day he and Frederick Dove had laid
off Michael Moyers’ widow’s dower. John Rader, a storekeeper in the area, also testified that he
had heard a similar conversation between Andrew and Frederick. Rader said that when Andrew
stated that he had paid off the debt, Frederick had not contradicted him. Most of the other
witnesses just testified whether or not William Parks and Abraham Zirk (another witness) were
honest men.
When Philip Souder first sued to stop the public sale of the Anderson farm in 1845, Aggy was
still living. She died a few months after the suit started. During the several years the case
dragged on, one of the defendants, Cambydes Chrisman, also died. Finally, on Oct. 11, 1847, the
court ordered that no public sale should take place. Souder was to get his court costs back from
Frederick Dove and the other defendants. Philip Souder got the Anderson land for taking care of
the widow, as she had promised.
Most of the interesting information from the witnesses’ testimony has already been included in
this story, but there are some other interesting tidbits from the witnesses. For instance,

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
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

Jacob Caplinger said he was born in 1806.
John Chrisman had a store in the Bergton area, and Jacob Caplinger was employed in the
store for about 8 years.
The Rockingham County witnesses had to go to the office of Algernon S. Gray and
Douglas Gray in Harrisonburg to give their depositions. Jacob A. Mitchell, Jacob Cootes
Jr., James Turner, Elizabeth Moyer, John Rader Jr., Jacob Caplinger, James May, John
Mungold, Isaac Fulk, Ulrich Wittig, Thomas & Roarick, and John Chrisman were called
as witnesses.
The witnesses from Hardy County had to go to the house of Isaac Dasher on the South
Fork to give their testimony. They received reimbursement for attending one day. The
Hardy County witnesses were Abel Randle, Henry Moyers, Samuel May, George Lents
[Lantz], John See, John Davis, and George Harper. John Davis, Constable, also received
fees for summoning ten witnesses. Philip Souder and John Chrisman also attended. Jonas
Green was Justice of the Peace who took these testimonies.
Witness William Parks was asked to verify that that Frederick Dove had said “Damn it
man, that deed of trust was paid long ago.” Parks said that Dove didn’t say “Damn it;”
“`Toot’ was the word,” Parks said.
Frederick Dove’s son Aaron Dove Jr. testified that Frederick had had money problems
for the last 8 or 10 years before 1845, and he had been jailed for debts for a time. That
goes along with Frederick’s testimony that he had not been well enough to take care of
his business. Aaron Dove Jr. probably felt torn between two loyalties in this court case.
The defendant was his father Frederick Dove, but the plaintiff was his father-in-law
Phillip Souder.
John Rader Junior ran a store in the area, and customers could drink spirits.
23
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Time of year was measured by when the apples were ripe.
Some men in the neighborhood were known as great liars, telling lies sometimes for the
sport of it and sometimes to defraud others.
Abraham Zirk built chimneys for other people.
Today we should learn from mistakes our relatives and neighbors made so long ago: pay
attention to our finances, always get receipts for payments!
Susannah Moyers Dove (1835-1910) was a daughter of Henry
Moyers. The Moyers family were neighbors of Andrew and Aggy
Anderson. Although she was only three years old when Andrew
died, Susannah would have remembered Aggy. Susannah’s father
Henry Moyers was called as a witness in the Souder versus Dove case
about the Anderson farm.
24
Summary
Because of the lawsuit after Andrew Anderson’s death, we have a wealth of information about
the lives of two free Negroes in Brocks Gap. Direct quotes from many of their neighbors, under
oath, tell us that the Andersons were held in high regard in the community. Both of them were
hard-working and industrious. Aggy was skilled at making linen, selling it at the local store in
exchange for coffee and other necessities. Andrew was a good farmer and made shingles to sell
to others. Owning their own farm gave them financial stability during their lifetime, and the
farm supported Aggy in her older years. Together the Andersons made enough money to have a
comfortable life and to dress well. They visited in the neighbors’ homes and the neighbors
visited them. The Andersons were the kind of people you’d be proud to call “neighbor.”
Andrew and Aggy Anderson lived in the time period portrayed by these reenactors at Colonial Williamsburg. When she moved in with Philip Souder
family Aggy had a washing tub which probably resembled a larger version of the
wooden buckets shown here.
25
Appendix A
Other Blacks in Brocks Gap
It would have been difficult for the Andersons to socialize with other black families. The 1810
Rockingham County census says there were 213 free blacks in the whole county. None of them
lived in Brocks Gap, though. One lived with Adam Rader’s family, which may have been in the
Timberville area. Many of the free Negroes lived in white households, and there didn’t seem to
be any particular area of the county where they were concentrated.
In Brocks Gap in 1810, there were only a few slaves:
5 at John Riddle’s,
1 at Jacob Trumbo’s,
1 at George Fawley’s (perhaps helping with the mill,
1 with Frederick Dove,
4 with Elizabeth Baker (widow of Michael Baker).
In 1820, there were 199 free “colored persons” in Rockingham County. Andrew Anderson and
his wife had 2 children in this census. This census is alphabetized, and it’s not easy to figure out
the neighborhoods. Because of that, I don’t know if other free families had moved to the Gap.
However, we have more details about the slaves in the Gap. There may have been more slaveholding families in the Gap.
John Riddle –
2 males between 14 and 26
1 male between 26 and 45
1 male over 45
1 female between 14 and 26
1 female over 45
Jacob Trumbo [Sr.]
male between 14 and 26
Magdalene Fawley (widow of George Fawley), no slaves
Frederick Dove
2 males between 14 and 26
1 female under 14
Elizabeth Baker
1 female over 45
George Dove
2 males under 14
2 females under 14
1 female 14-26
1 female 26-45
26
In 1830, the census was again arranged in alphabetical order, which makes it hard to identify
where families lived. These are the slaveholders in Brocks Gap that I can identify:
John Riddle
1 male 10-24
2 females under 10
Jacob Trumbo
1 male 24-36
1 female 10-24
Frederick Dove
[2 perhaps? Page damaged]
George Dove
none
James Fitzwater
1 male 10-24
Elizabeth Baker had died before 1830
George Fulk
1 female between 10 and 24
In the 1840 census, the census was grouped by communities. These free blacks were listed with
Brocks Gap families:
living with Jacob Custer
1 boy under 10
Samuel Furry family
1 boy under 10
1 male 24-36
1 female under 10
1 female between 24-36
John Hubbard family
1 male between 10-24
1 male 36-55
1 female under 10
1 female between 24-36
These were the slave-owners in the Brocks Gap area in 1840:
Isaac Riddle
1 male 36-54 years
George Riddle
1 male 36-54 years
Addison Harper
1 female under 10 years
Samuel Miller
3 females under 10 years
1 female 10-24 years
1 female 24-36
George Fulk
1 female 10-24 years (George freed this woman in 1850)
27
Samuel Cootes
1 male 10-24 years
2 females 10-24 years
John Riddle
1 male 24-36 years
1 female 10-24 years
Jacob Trumbo
1 male 36-54
1 female 10-24
28
Appendix B
Transcriptions of court testimony in “Administrator of Andrew Anderson
versus Dove & Etc.”
This information was photocopied from microfilm of Rockingham County Chancery Causes.
The handwriting was difficult to read in many places and impossible in other places. The
witnesses, neighbors of Andrew and Aggy Anderson, frequently said candid and
uncomplimentary things about the other witnesses. These transcriptions won’t be published
verbatim. Here are the two Chancery court cases that were used for this book:
Rockingham County (Va.) Chancery Causes. Andrew Anderson v. John
Beal, 1810-001. Local Government Records Collection, Rockingham
Court Records. The Library of Virginia, Richmond, Virginia. (LVA
microfilm reel no. 652, local reel no. 1, image 733).
Rockingham County (Va.) Chancery Causes. Admr. Of Andrew Anderson
v. Frederick Dove Etc., 1846-008. Local Government Records Collection,
Rockingham Court Records. The Library of Virginia, Richmond, Virginia.
(LVA microfilm reel no 169, local reel no. 26, image 810).
I didn’t type all the testimonies. I tried to use the same spelling from the documents.
Witnesses in court case:
In pursuance of the notice herewith returned, I the subscriber a Justice of the Peace for Hardy
County,-- cri—to take the following depositions at the house of Isaac Dasher, South Fork, Hardy
County, in the 3rd day of October 1840 within the house named in the notice, to be rec’d as
witness in a suit depending in the circuit Superior Court of Law & Chancery for Rockingham
County, between Philip Sowders administrator of Andrew Anderson, Plaintiff, and Frederick
Dove, Henry A. Chrisman, -- C. Chrisman, and Jacob Cootes ---. Present John Chrisman Agent
for the defense and Philip Sowders, Administrator of Andrew Anderson Dec’d Plaintiff.
The deposition of George Lantz being lawful age deposes and says first -- -- def Sowders, ques
by the agent John Chrisman agent for the defendants are you acquainted with the general
character of within Parks his –
I am.
Question by the Same, from his general character and standing in his neighborhood for truth and
veracity is he entitled to be credited when an oath
Answer, I think not.
29
Question by Mr. Sowder the defendant, did you ever hear any of his neighbors say he was not to
be believed. And as the – eh want to tell lies to injure or defame his neighbors.
Answer, -- and I ----- and I have heard others say he would cheat and de---.
Question by the same,
Please to state who you heard say they would not believe him when an –
Answer Mr. John See
And further this deponent says not.
[signed] George Lantz
The deposition of John See
Of Lawful age being duly sworn
Question by John Chrisman agent for the defendants, are you acquainted with the general
character of William Parks Sr. in the neighborhood where he formerly lived
Answer, I am well acquainted.
Question by the same, From his general character and standing in the neighborhood, for truth and
veracity, s he entitled to be credited when on oath?
Answer, I don’t think he is entitled to be credited on oath
Question by Philip Sowder, Is it a general report that he is not entitled to credit an oath or that he
would tell lies or falsehoods to defraud his neighbors
Answer, I have heard several men say that they would not believe him on oath. I have heard
several men say that they believed he would lye for the sake of gain.
Question by the same, Who did you hear say he would tell lies and was not to be believed on
oath?
Answer I heard John Chrisman, Jacob Caplinger, George Lantz and – Palser Moyers say he is a
[damned liar?] the truth is not in him.
And further this deponent sayeth not.
[Signed] John See Sen.
30
Deposition of George Harper of lawful age being first duly sworn.
Question by John Chrisman agent for the Defendants, Did you purchase of James Turner a note
of hand on Andrew Anderson; if so, what was the amt. of said note, and what was it executed
for?
Answer, I did, the amount was $30. I do not no what it was executed for.
Question by the same, How was that note paid and by whom., or did Philip Sowders pay any
part of it.
Answer by this purchase of a bound boy Sowders sp-report of the above note.
And Further the deponent sayeth not.
[signed] George Harper
Deposition of Henry Moyers of lawful age first being duly sworn.
Question by John Chrisman agent for the defendants, Was you acquainted with the pecuniary
situation of Andrew Anderson during the last ten years of his life
Answer, I was
Question by the same, Was his circumstance such as you think he would have paid a debt of fifty
or upwards of dollars without being pressed for the sum
Answer, he could not have done it as I believed – have paid that sum at any times for -- -- years
bef—his death.
Question by the same, what is the lands Andrew Anderson left at his death now worth or what
would they sell for?
Answer, They are worth $75 dollars and will sell for the same.
And further the deponent sayeth not.
[Signed] Henry Moyers
31
Deposition of Samuel May of lawful age first being duly sworn.
Question by John Chrisman agent for the Defendants, Was you acquainted with the pecuniary
situation of Andrew Anderson during the last ten years of his lifetime?
Answer, I was.
Question by the same, Was is circumstances such as you think he would have paid of debt of
fifty or upwards of dollars without being pressed for the same,
Answer, I suppose he would not
Question by the same, Are you acquainted with the general character of Abraham Zirk?
Answer I have known him for fifteen or twenty years
Question by the same, Is his general character for truth and veracity good or bad?
Answer not good in – [common?] way of dealing.
Question by Mr. Sowder, did you go Andrew Anderson Security for the price of a cow at
Michael Miller sale?
Answer, I and others was surety and was sued for the same and Anderson paid the money the
sum of $11 dollars.
Question by the same, When was you when sued on the note that as Andrew Anderson security?
Answer I was oposit Jacob Whetsils in Rockingham County
And further this deponent sayeth not.
[signed] Samuel May
The deposition of Abel Randall of lawful age being first duly sworn
Question by John Chrisman agent for the defendants, Was you acquainted with the general
character of William Parks Sr. in the neighborhood her formerly lived in.
Answer, I am
Question by the same, What was his general character for truth and veracity
Answer it was generally said he was not to be relied upon
32
Question by Philip Sowders, did you ever hear any of the neighbors say whether or not he could
be believed when on oath?
Answer I do not recollect that I ever did
Question by the Same, Did you ever hear any of the neighbors say he would tell lies to make m-- or to defame his neighbors
Answer, I have heard such reports I don’t know who from.
Question by the same, By whom have you heard the report that he would tell lies to defraud his
neighbors?
Answer I do not recollect particulars at present
Further the deponent sayeth not.
[signed] Abel Randall
The deposition of John Davis of lawful age first being duly sworn
Question by John Chrisman agent for the defendants, Are you acquainted with the general
character of William Parks?
Answer, I am not.
And further this deponent sayeth not.
[signed] John Davis
Hardy County Virginia to wit, the foregoing depositions was taken before me the S—A Justice
for the Peace for said County, agreeable to the notice have returned this 3rd day of October 1845
given under my hand the day above written
Jonas Green [?]
Justice of the Peace
For Hardy County
33
Witness claiming one days attendance Abel Randle, Henry Moyers, Samuel May, George Lents,
John See, John Davis, George Harper, also fees for summoning ten witnesses John Davis
Constable
[Signed] Jonas Green
James Turner a witness of lawful being first duly sworn deposeth and –
Question by the defendants counsel, did you sell a horse to Andrew Anderson in his lifetime and
if so, were you paid up when he died and if not have you been paid up since his death, if so, who
paid you.
Answer, yes, I sold a horse to Andrew Anderson in his lifetime and was not paid for him and I
traded it off (the note) to George Harper, Anderson nor Sowders paid me nothing towards the
horse the note was thirty dollars.
Question by the plaintiff Counselor, do you know what became of the note you traded to Harper,
Answer, I do not know, anything about the note -- -- of his own knowledge.
And further this deponent saith not.
[Signed] James X Turner
Elizabeth Moyer of lawful age being first duly sworn deponith and saith,
Question by the defendants counsel, Where did you live at the time of Andrew Anderson’s death.
Answer I lived at his house.
Question by same, what moveable property did Andrew leave when he died as well as you
recollect,
Answer,
2 kettles, 2 beds pretty good ones,
2 chests
1 trunk
5 head of hogs,
1 horse, 1 look & gears
1 shovel plow
1 wall stove
34
1 windmill,
1 falling axe
2 small Spinning wheels
1 big wheel
1 cupboard
1 Dutch oven
1 small pot,
1 skillet
1 Spider
1 pair horse gears
1 washing tub
Question by same, What part of this property if any did Philip Sowder get
Answer, Philip Sowders took it all when he took the old Woman after Anderson’s death to his
house to live, she lived about 1 year at her own house before Mr. Sowders took her to his house.
Question by Same, do you remember whether Mr. Sowders sold any part of the property before
he moved the old woman to his house and if he did what part did he sell
Answer, he sold the horse and I do not recollect of his selling anything else.
Question by the plaintiff counsel, Were Anderson and his wife tolerably Black Negroes
Answer he was a black Negro and his wife was not so black
Question by Same, were you their housekeeper?
Answer, I waited on the old Woman when she was sick
Question by same, did you sleep in one of the beds when there
Answer, I had my own bed and slept in it.
Question by Same, What became of your bed
Answer, It was burnt up.
Question by same, Did Sowders support the old woman before he took her to his house and
afterwards?
Answer he did
Question by same, Who sold the horse?
Answer, Mr. Sowders
Question by same, did the old woman keep all the other things except the horse?
35
Answer, Yes
Question by same, Did he take the stove when he took the other property,
Answer, he left the stove
Question by same, were you living at Andersons when Parks & Frederick Dove called them –
day.
Answer, I was not.
Question by same, Of the days do you think there was more than 1 sow and two pigs
Answer, I do not think there was that many
Question by defendants counsel, Were you acquainted with Aggy Anderson the old Woman,
after she moved to Mr. Sowder to live.
Answer, I was.
Question by same, Did she do any work after she went there.
Answer, she did
Question by same, how was her health after she went there to live.
Answer, she could work all the time she was there until last winter,
Question by same, was she an industrious woman or a lazy woman?
Answer, she was industrious
Question by same, When did she die?
Answer, She died sometime this last summer\.
Question by same, Were there any others pigs besides the sow and two pigs?
Answer there was four head of hogs this sow and two pigs
Question by the plaintiffs counsel, were the four other hogs small shoats,
Answer, they were tolerable small
Question by same, How often were you at Sowders after Aggy moved there,
Answer, I do not recollect how often I was there some after she went, but I have been there
tolerable often
36
Question by same, do you think Aggy was eighty years of age
Answer, I think she was
Question by same, after the death of the old man did not you Aggy sleep together
Answer, I did not.
And further this deponent saith not.
[signed] Elizabeth X Moyers
John Rader Junr of lawful age being first duly sworn desponith and saith,
Question by the Defendants Counsels, did you as Constable have in your hands an execution in
favor of Philip Sowders against Abraham Zirk if so please to state whether you have had any
consideration with Zirk on the subject of that Execution and what he said about it, and at what
times.
Answer, I had such an execution in my hands and I had a settlement with Zirk, and when I came
to Sowders Execution he said I need not say anything about that one, he had arranged it, as first
it with Sowders, and it need not be counted.
Question by same, in that consideration did Zirk or did he not ask for any indulgences for ten
days or for other period on Sowders execution.
Answer, I understood that Execution was – or arranged between Zirk & Sowders, I thought I
would have nothing further to do with it from what Zirk said.
Question by same, in that conversation was there anything said or not by Zirk about paying that
execution in ten days or any other given time.
Answer no not about that Execution but he gave what money he had and he said he would pay
me the balance of the other executions I held against him into __ __.
Question by the Defendants counsel, are you acquainted with Wm Park, Senr and if so how long
have you known him.
Answer, I have known Mr. Parks twenty-five or thirty years.
Question by same, are you acquainted with his general character and standing for truth in his
neighborhood where he formerly lived in this county.
Answer I have now a good deal of bu—in that neighborhood and have heard him and his
character a good deal spoken of.
37
Question by same, what is his character and standing for truth in that neighborhood is it good or
bad?
Answer, I have heard them say he would tell some pretty big tails he would be bragging and
boasting.
Question by same, from his character and standing in that neighborhood would the neighbors
generally believe him when on oath or not,
Answer, I could not tell that I have never heard any of them express themselves about that.
Question by same, are you acquainted with Abram Zirk if so you long have you known him?
Answer I think I have known him fifteen or twenty years.
Question by same, State What is his character and standing in the neighborhood where he lives if
you know as a man of truth.
Answer I have heard some of them say he tells some pretty big tails especially when he is under
the influence of liquor.
Question by the same, have you had opportunity of knowing the pecuniary situation of Andrew
Anderson, during the latter years of his life if—what was his ability to pay a debt of fifty odd
dollars or upwards.
Answer I think he settled several balances of executions with me. I held against him amounting
to fourteen or fifteen dollars a few days before he died.
Question by same, do you know how he managed to raise that money and if so state it,
Answer, I think he got Jacob Mitchel to do it with me as well as I recollect.
Question by the Plaintiffs counsel, Mr. Rader, was the character of Parks that of a many that
would tell a falsehood to injure or was it that of a man who would tell big stories to give –
Consequence & to amuse
Answer, I think he done it more for amusement than for anything else.
Question by same, did you ever understand that the character of Parks in his neighborhood was
that of a man would not be believed when upon oath
Answer, I have heard him spoken of in that manner in his neighborhood or any other place.
Question by same, how long have you been acting as constable in that neighborhood?
Answer, fourteen years as well as I recollect
38
Question by same, does Zirk live in your constable district?
Answer He does
Question by same, is his character that of a man who when – [drunk?] would tell foolish and
ridiculous lies or his general character that of a man who when sober would not be believed on
oath
Answer, I have never heard it spoken of that he would not be believed on oath but it is said he
will tell foolish & ridiculous tales both drunk and sober, but more frequently when drunk.
Question by same, when Zirk was settling with you did he state if you would indulge him for the
balance of the execution you hold against him, he thought he would be able to pay you in ten or
twelve days did he make any exception of the Sowder executions.
Answer, he said he would pay you the balance of the executions in your hands in ten or twelve
days and said where he was to get the money had he made no exception of the Sowder execution
but I mentioned it him and told him I had seen Sowders – and he told me he looked to me for the
money if it could be made but Zirk said you need not mind that, Sowders and myself will arrange
that.
Question by same, had you mentioned it to Sowders, I had
Question by same, stat as near as you can when this conversation took place with Zirk.
Answer it was on the 16 & 17th Sept. 184[5] [ink blur could be 1, 2,3 or 5]
. . . . . [from PR: I didn’t photocopy the top of this page]
For George Dove together with some small executions Dove held against Anderson or some
executions he held in his hand at the time against Anderson
Question by same, do you know any thing of the deed of trust being paid?
Answer: he heard old Andrew and Frederick Dove talking about the deed of trust Anderson
telling Dove how he had paid a part of the trust
Question by same: Did Anderson on that occasion state in the presence of Frederick Dove that
the Deed of Trust was paid off and at the same time how part of it was paid, if so did Frederick
Dove deny it?
Answer Anderson did not say it was paid off but was telling him some part of it was paid
Question by same, did Anderson statement go to show that a large proportion of the fifty tree
dollars was settled with Frederick Dove, and did Frederick Dove say there was any balance
coming to him?
39
Answer, the amount was not mentioned in my presence, he was only saying what he had let him
have towards it and Dove said nothing about a balance.
Question by plaintiffs counsel, Did Frederick Dove deny any part of the statement made by
Anderson,
Answer, no – not that I recollect
Question by the defendants counsel, what did Anderson say he had paid and how did he say he
had paid it?
Answer, he said he had told him have down Cattle & sheep and a colt, wheat and clover—
Question by same, What did he say these articles were worth,
Answer, I did not hear him say what they were worth
Question by the same, What reply did Dove make
Answer, Dove told him they would get somebody to count it up and see how they stood before
very long
Question by same, When did this conversation take place
Answer I cannot tell exactly perhaps 8 or ten years ago. I cannot speak positively as to time it
has been __ or a while ago. Perhaps longer.
Question by same, Where did it take place
Answer at Dove’s house
Question by Same, was any person present besides yourself?
Answer, I think John Custer [?] Jacob Mitchel and Aaron Dove were present as to Dove I am not
certain, I feel certain that Mitchel or __ or perhaps both were there but cannot say that they or
any of these heard the conversation.
Question by same, Were either of them in the room at that time.
Answer I think they were perhaps both and further the deponent saith not.
[signed] John Rader
The within depositions are adjourned until Tuesday 10 o’clock on the 30th day of Sept. 1845.
[signed] Ab. Smith
40
The following witnesses claimed their attendance viz Jacob Caplinger James May John
Mungold, Elizabeth Moyer James Turner Senr, John Rader Junr, Isaac Fulk & Ulrich Wittig,
Thomas & Roarick John Chrisman & Jacob A. Mitchell
[signed] Ab. Smith
September 30 The parties having failed to attend on this day with any witnesses to continue the
taking depositions in the foregoing case the same is adjourned finally.
[signed] Ab. Smith
John Mungold a witness introduced by the defense __ being of lawful age being first duly
sworn deponent & saith
Question by the defendants counsel, please to state whether you have had any conversation with
Abraham Zirk on the subject of the deed of trust which Frederick Dove held on Andrew
Anderson land and on the subject of the Zirk being a witness in suit between Philip Sowder
Adm. Of Andrew Anderson & Frederick Dove & the young Chrisman and if you have had such
conversation please to state what --Answer, Abraham Zirk was at my house and this conversation came up about their selling the
land of Andrew Anderson for Philip Sowders he Zirk for he knew nothing of the deed of trust
and w--- they would sell it, and that I replied that I knew nothing of the trust and at another time
we had a conversation about the same land, and then he had negro he was to be witness, and he
remarked he knew but little about it and he could tell it all in a few words.
Question by the same, had you another conversation with Abraham Zirk on the subject of his
being a witness and if so what did he say then,
Answer, one evening when we were coming from the store, the conversation came up but I do
not recollect how about his being a witness for Sowder, and mention the deed of Trust and he (--) was a going to tell the court that he would send his soul to hell for money or no man’s money,
and that Sowder held an execution against him and that he must go up to Town and help him out
and that he wt--- the Execution or little it, for he did not like to be out done by such a man as
Chrisman was the Language of Sowder to Zirk
Question by same, do you know whether or not Andrew Anderson had a windmill at the time of
his death if so what became of it.
Answer he had one and I bought it of Mr. Sowder after his death and I paid Sowders six dollars
for the windmill.
41
Question by same, do you know whether Anderson left a lot of hogs at the time of his death and
if so, what became of them.
Answer, I cannot say with certainty anything about the hogs.
Question by the Plaintiff’s Counsel, What year was it you had the first conversation with Ab Zirk
that you have referred to.
Answer, it this year in the spring of the year.
Question by same, Was it as late as the month of March
Answer, it was in the spring, but cannot say what month.
Question by same, Was Zirk building a chimney for you at the time of the conversation. If so
when was he engaged in building the chimney
Answer he began it last fall and he did not finish it, and was at it again this spring.
Question by same, was the deed of trust mentioned by him when he first began your work
Answer, no, for I knew nothing about it that time.
Question by same, How was the conversation about the deed of trust introduced?
Answer, I cannot tell, but I think I mentioned it myself and name it to him, that a deed of trust
Question by same, how had you heard that the deed of trust was found
Answer, I think I heard it from home of Jacob Dove family. [Note from Pat Ritchie: Jacob Dove
was a brother of Frederick Dove]
Question by same: How had you found out that the land had to be sold
Answer, by Jacob Dove’s family.
Question by same, had Zirk been working drinking before he left Rader’s store?
Answer, he had taken a dram or two
Question by same, did you not state to Mr. Sowders a few days ago that Zirk was very drunk at
the time you and him left Raders Store?
Answer, I did not tell him that Zirk was very drunk but I told him that he was right warm, and in
good order too, to talk his foolish talk.
Question by same, what time was it you had the second conversation with Zirk
42
Answer, I cannot tell exactly but I suppose about months.
Question by same, you say at the time of that conversation you understood that Zirk has to be a
witness for Sowder, how did you learn he was to be a witness?
Answer, I heard it from some of the neighbors. I think Martin Wetzel said he was going to some
thing about it.
Question by same, when was it you had the last conversation
Answer I think five or six weeks or maybe longer.
Question by same, had you and Zirk a quarrel since that time.
Answer we had to quarrels he got mad about something that happ’d and I explained it to him and
seems to be satisfied.
Question by same, was any person present at any of the conversations that passed between you &
Zirk referred to by you.
Answer, no person only my wife & children were present at the first conversation.
Question by same, How did Mr. Chrisman find out you had all these conversations with Zirk?
Answer, Mr. Chrisman was passing Jacob Doves and I was there and mentioned to me that
Sowders had sent word up to town that he had another witness and Chrisman said he could not
think who it was, I then said I c—it was Zirk, then said I did not know how he could say any
thing about the deed of trust for he had told me before he know nothing about it.
Question by same: When did this last conversation take place between you and Mr. Chrisman
and who was present
Answer, I could not exactly say the time but about 2 months.
Question by the defendant Counsel, have you ever heard Philip Sowders give any opinion about
Abram Zirk as a man of truth and if so what opinion did he express
The Plaintiffs Counsel objects to this question as improper.
Answer I have heard him say he was the biggest lyar in the Gap and a scandal to the Gap, for you
could not believe a word he would say.
Question by the Plaintiff’s Counsel, when Mr. Sowders made use of this language about Zirk
was he not complaining about him disappointing him about money, and was there at time a
misunderstanding between Sowders & Zirk?
Answer, I did not complain about Money at that time, but they were at variance at that time.
43
And further this deponent saith not.
[signed] John X Mungold
In pursuance of the enclosed notice, I Abraham Smith a Justice of the Peace for Rockingham
County attended at the office of Allen C. Bryan at Pollock’s Hotel in Harrisonburg on Monday
September 29, 1845 and took the following depositions, within the hours specified in the notice
which depositions are to be read as witness in a suit depending in the Circuit Superior Court of
law & Chancery for Rockingham County, in Chancery between Philip Sowders administrator of
Andrew Anderson dec’d Plaintiff and Frederick Dove, H.A. & C.C. Chrisman and Jacob Cootes
Jr. defendant. The parties on both sides attended by their counsel.
Jacob Caplinger a witness for the defendant of lawful age being first duly sworn deponeth and
saith
Question by the defendants council, are you acquainted with the general character of Wm. Parks
Senr if so how long have you known him
Answer I am acquainted with his general character I think is an about sixteen or seventeen years
Question by same, what is his character in the neighborhood where he formerly resided, for truth
and veracity
Answer, I have always understood in the neighborhood where he lived that he was not a man of
truth.
Question by same, from his character and standing in that neighborhood would he be believed
when upon oath
Answer I have heard a great many of the neighborhood say they would not believe him on oath.
Question by same, are you acquainted with Abraham Zirk
Answer I am
Question by same, what is his character and standing in the neighborhood, for truth & veracity
Answer, he is not considered a man of truth and veracity nor he believed in the neighborhood
where he lives.
Question by same, how far do you live from Abraham Zirk, and how long have you known him
I think it is about four or five miles. I have known him ever since I was a small boy and I was
born in the year 1806.
44
Question by same, have you heard any conversation between Mr. Sowders & John Chrisman on
the subject of Andrew Anderson land and if so what was it.
Answer, I can’t say much about that I did hear that talking a little, and I cannot say what the
conversation was for I did not listen
Question by the Plaintiff’s Counsel, have you and John Chrisman been partners if so how long
time
Answer I done business for Mr. Chrisman in the store I think about 8 years
Question by same how far did you live from Parks,
Answer, I think 3 or 3 ½ miles, and I now live about 30 miles
Question by same, did you ever known Parks to give evidence on oath.
Answer, I did not
Question by same, you state that Parks was not considered a man of truth in his neighborhood,
was he considered a man to tell malicious falsehoods or falsehoods calculated to injure?
Answer I have heard some of the neighbors say he has told lies of that kind
Question by same, was there neighbors you heard say so friends or enemies of Parks,
Answer, they were both enemies and friends
Question by same, how many were they you heard say so, and who were they
Answer I could not tell how many for I paid no attention, I heard George Lance and John See
Senr say so but there were others that I now do not recollect.
Question by same, how do you know there were others if you cannot recollect them
Answer, I paid no attention at the time they spoke about him
Question by same, what time did you hear him spoken of and when
Answer I could not tell how long but was talked of my house and their houses
Question by same, whose houses do you mean by their houses
Answer, I mean Lance and See, I don’t recollect any others.
Question by same, Were Lance and See on poor terms with Parks
Answer I believe not at the time
45
Question by same, have you ever known Zirk to be examined on oath
Answer, not myself
Question by same, is Zirk a drinking man
Answer, He is
Question by same, when Zirk is sober would he from what you know of his character be believed
on oath
Answer, I could not say anything upon that subject
Question by defendants counsel, have you heard Philip Sowders say anything about Zirk as a
man of truth, the plaintiffs counsel objects to this question as being improper in the investigation
of Zirk’s character.
Answer, I heard Mr. Sowders say Zirk was not a man of truth, and could not be believed in any
way.
Question by same, was you in Partnership with Mr. John Chrisman when you were doing
business for him, or did he hire you by the year
Answer, he hired me by the year
Question by the Plaintiffs counsel, When Sowder told you that Zirk was not a man of truth, was
he not telling you Zirk had disappointed him in the payment of money and had not they had a
quarrel?
Answer, he did not tell me about this money at that time, but they were not on good terms.
And further this deponent saith not
[signed] Jacob Caplinger
James May a witness of lawful age being first duly sworn deposeth & saith,
Question by the Defendants counsel, were you one of the commissioner who laid off the dower
land of old Mrs. Myers [Moyers] widow of Michael Myers [Moyers],and if so who were the
other commissioners.
Answer, I was one Frederick Dove another and Sowders was appointed and did not attend and
P—was there and helped lay off the land.
46
Question by same, where did you and Frederick Dove go, and where did Parks go after you
finished laying off the land?
Answer, we went down the road until Dove turned off to go home, and Parks and myself went on
to Parks.
Question by same, did Dove, Parks and yourself pass old Andrew Anderson place before Dove
left you & Parks
Answer, yes
Question by Same, did any of the company call at Anderson,
Answer, no
Question by same, how far did Parks live from the forks of the road where Dove left you &
Parks,
Answer, between ¾ and a mile.
Question by the Defendants counsel, how long did you stay at Parks
Answer, until after dinner
Question by Same, how far did Frederick Dove live from the forks of the road where he left you
and Parks
Answer, about one mile & half
Question by same, you stated that Wm Parks helped to lay off the Dower, did you mean he acted
as commissioner or in what capacity was he acting?
Answer, I do not know in what capacity he acted, or whether any of us were appointed by the
courts
Question by the same, who was the executor or administrator of old Michael Myers [Moyers]?
Answer, Wm Parks.
Question by same, What connection was Parks to Michael Myers family if any say.
Answer Mr. Myers had Mrs. Parks mother for his third wife.
Question by same, how far had you passed Andersons place before you got to the fork of the
road where Dove left you and Parks to go home,
Answer, about a mile
47
Question by same, are you acquainted with the general character of Wm. Parks Senr.
Answer I am acquainted with his general character.
Question by same, how far did you live from Parks when he resided in your neighborhood and
how long have you been acquainted with him
Answer I lived about three miles from him, and I have known him 18 or 19 years.
Question by same, how long is it since he left your neighborhood?
Answer about 4 years
Question by same, What is his general character and standing among the neighbors of your
neighborhood for truth
Answer, it was not very good for truth
Question by same, on your return from Michael Myers when the Dower was laid off did you see
old Andrew Anderson in passing by his house and did any of the company speak to him
Answer, nobody spoke to him, nor did I see him.
Question by same, how far is his house and orchard from the roadside where you passed his
place
Answer, about thirty of forty yards.
Question by same, What were Andrew Anderson’s circumstances during the latter years of his
life and what was his ability to pay a debt of fifty dollars during these years,
Answer, I think it would went hard with him to pay fifty dollars.
Question by the plaintiffs Counsel, when did you lay off the dower for Mrs. Myers?
Answer I think about 5 years.
Question by same, did you find Parks & Dove at Myers when you arrived there to lay off the
dower,
Answer, Parks & myself went together up to Myers when we went to lay off the Dower, and
Dove came soon afar we arrived.
Question by same, do you know whether Dove & Parks were at Andersons the day before you
laid of the Dower
Answer I know nothing about that.
48
Question by same, do you believe from what you know of Parks’ general character he would be
believed when on oath by his neighbors, with whom he has had no quarrel
Answer, I don’t know whether they would or not, but I believe the most of them would not.
Question by same, do not you believe that most of them have had quarrels with
Answer a good many of his neighbors have had quarrels with him
Question by same, did he not have disputes with many of his neighbors about his land,
Answer, I never heard of his having disputes about his lands
Question by same, have you and Parks always been good friends.
Answer, we have never had any disputes.
Question by the Defendants counsel, were you –more than once to Myers with Frederick Dove,
engaged in laying off the Widow’s Dower
Answer, not more than once
Question by same, was that before or after the Death of Andrew Anderson
Answer before his death
Question by same, do you remember how long it was, after the death of old Michael Myers, you
laid off the widow’s Dower
Answer, I do not recollect.
Question by same, do you remember whether you and Frederick Dove signed a paper stating
what land you had laid off for the Widow at the time you laid off the dower
Answer, We did not sign any papers
Question by the Plaintiff’s Counsel, was there any survey of the land made at the time you laid
off the Dower, if so who was the surveyor.
Answer, It was surveyed by Koontz --- --- by the parties that Koontz survey of the Dower and
the report of the commissioners was returned to Court December 1834.
Question by Same, was there a sale made of the personal estate of Myers by the Administrator, if
so were you there
Answer, there was a sale made by Parks and I was there.
Question by the same, as you recollect Where Parks & Frederick Dove were there at the sale
49
Answer they were both of them there
Question by same, Were you present at the appraisement of the estate of Myers and do you know
if Frederick Dove was there.
Answer I don’t know
Question by same, did you ever hear any person say that they would not believe Wm. Parks Senr
on oath if so who were they
Answer, I have heard people say they would not believe him on oath, I have heard George Lance
say he would not believe him also Jacob Caplinger, the witness last examined and these are all I
now recollect.
Question by same, if you ever heard it from any other person when & where did you hear
Answer I cannot tell where & where but when ever the conversation came up among the
neighbors in the neighborhood they say they would not believe him.
Question by same, if the conversation came up among the neighbors cannot you name some
other that have spoken on the subject besides those you have already named.
Answer, Jacob Sever, Jacob Lance Senr and John Wetzel they are all that I now recollect,
And further this deponent saith not.
[signed] James X May
[image 841]
In pursuance of notice which is admitted, I Wm. G. Stevens a Justice of the Peace in and for the
County of Rockingham here provided in the 18 of Sep. 1845 at the office of Algernon S. Gray
and Douglas Gray to take the following depositions in or -- -- in evidence in the suit now
depending in the Circuit Superior Court of law & Chancery for the county of Rockingham in
which Philip Sowders Administrator of Andrew Anderson and Agga Anderson widow of sd
Andrew Anderson as Plfs and Frederick Dove and Henry A. & C. C Chrisman and Jacob Cootes
are Deft. Both parties attending by their counsel. William Parks Senr of full age being first duly
sworn deponeth and saith
Question by Plfs Counsel Mr. Parks, will you please to state whether you have ever heard any
conversation between Frederick Dove and Andrew Anderson a free man of colour in relation to a
deed of trust which Dove held on the land of Anderson, if you did state the conversation and
when it was and –
Ans. We had been at old father Moyers (Mr. Michael Moyers) as we came from there, ---, we
were sitting under a tree talking about -- --, I bought a piece of land myself from a man by the
50
name of Smith that Mr. Dove held a deed of trust upon, and I told Mr. Dove that I might to have
the trust lifted upon the land that I had bought with this Andrew Anderson says “Fritz it is time I
had my deed of trust.” Then says Mr. Dove that trust is paid long ago, and if ever I lay my hand
upon it I will tear it up and throw it away. That is all I know about it to my knowledge.
Question, do you remember what took you to Mr. Moyers at that time,
Ans. I was on my way home, and Mr. Dove likewise, and we merely stopped in to have a little
chat with the old man.
Quest. Would you remember near about what time it was
Ans. I do not know certainly, but think it was ten or eleven years ago.
Question by Defendants counsel, where had you and Mr. Dove been at that time?
Answer, laying off my mother-in-Law’s dower (Mrs. Moyers) the wife of Michael Moyers above
mentioned.
Question by Def. counsel, was Michael Moyers dead at that time?
Ans. He was.
Ques. By Def. Counsel, In what year did he die?
Ans. I cannot give any amount of that.
Ques. By Def. Counsel, Was Frederick Dove one of the commissioners that laid off Ms. Michael
Moyers dower?
Ans. He was
Ques by Deft. Couns. Where abouts did this connection between Frederick Dove and Andrew
Anderson take place?
Ans. In Andrew Anderson yard, under an apple tree
Ques. By Def. Couns. What deed of trust was it that they were talking about before the subject of
Anderson trust was mentioned?
Ans. The deed of trust which Frederick Dove held on a little farm that I bought of Adam Smith.
The trust was executed by Smith to Dove before I bought the land.
Ques. By Def. Have you had any conversation with John Chrisman in relation to the
conversation between Frederick Dove and Andrew Anderson about the trust Dove held on
Anderson’s property.
51
Ans. I did talk to him one day a little about it here in town. In that conversation with Mr.
Chrisman in town, did you not tell him that the conversation between Dove and Anderson which
you now detail took place at Doves -- -Ans. I did not. I told him that I could tell him in his own house.
Have you had more than one conversation with Mr. Chrisman upon this subject?
Ans. I had one since, but I do not recollect any thing being --- about the tract.
Do you recollect having a conversation once with Mr. Chrisman or Geo. Keplinger in Hardy Co.
upon this subject.
Ans. The last conversation above spoken of was at Keplingers
Don’t you remember in the conversation with Chrisman at Keplingers you told him all about
what had happened at Anderson under the apple tree
Ans There was but little said, and I can give but little account it Mr. Chrisman thought from the
discourse that my evidence was very good.
Ques. By Def. Cons. Do you remember that this was Doves remark to Anderson as you stated it
to Mr. Chrisman “Damn it man, that deed of trust was paid long ago.”
Ans. I don’t remember that he said “Damn it.” Toot was the word.
Ques. By Def. coun. Do you remember making this statement to Mr. Chrisman at Caplingers?
That when you inquired of Frederick Dove under the apple tree at Andersons, Dove told you that
the Smith deed of trust had been fixed, and that you added to Mr. Chrisman at Keplinger, “it was
so it, had been fixed.”
Ans., I don’t recollect any thing about this.
Ques by Defs. Couns. Had the Smith trust been released at the time of the conversation you
speak of under the apple tree at Andersons
Ans. Not that I know of
Ques. By Def. Couns, What did Mr. Dove say at the time about its being fixed with notice [?]
Ans. He said that Steel had fixed it in the deed.
Question by Def. Couns. Was Wetsel trustee in the trust given by Adam Smith
Ans. I am not able to say. I never saw the deed of trust
Ques. By Def. who made the deed to you for the Smith land?
52
Ans. Smith himself
Quest by Def. couns. Have you seen that deed, or had it examined.
Ans. I never examined it, or had it examined.
Ques. By Def. Couns. Do you know whether you ever got a title for the trustee in the Smith
deed of trust?
Ans. I do not
Quest by Def. Couns. Do you recollect telling Mr. Jno Chrisman in – that nothing was ever done
with that deed of trust more than that you paid Dove the money that Smith owed him, and took
up Smiths note?
Ans. I do not remember telling Mr. Chrisman so
Question by Plaintiff’s counsel, In the different conversations between you and Chrisman about
what – between Anderson and Dove who introduced the subject, your or Chrisman
Ans. Mr. Chrisman
Quest. By Plaintiff: Do I understand you in the first part of our deposition, as meaning to say
that you were laying off the dower of Mrs. Moyers at the same time that you called in to talk
with Mr. Moers
Ans. I meaned to say that we stopped in to see Andrew Anderson, when it is stated in the first
part of my disposition that I “stopped in to chat with the old man.” Moyers at that time was dead.
Question by Defendants Couns. At what time of the year did this conversation take place under
the apple tree?
Ans. I cannot say exactly. It was between summer and fall, the apples were just getting good.
And further this deponent sayeth not.
[signed] William X Parks
Aaron Dove of lawfull age, having been duly sworn deponeth as follows
Question by Plaintiffs Couns. Are you a son of Frederick Dove?
Ans. I am.
53
Question by same. Do you know whether your Father has been greatly harassed by his debts for
the last eight or ten years? Has his property been sold by the constable during that period, and
has he been in jail for debts within the same period?
Ans. Yes, he has been greatly harassed by his debts, his property has been sold by the constables,
and he has been in jail for debt during that time.
Ques. By same, were you present when Mr. Jno. Chrisman presented a note from your Father on
Andrew Anderson, as Mr. Souders the plaintiff, there at the same time, and did they or either of
them let Mr. Souder know of the transfer of the note?
Ans. I handed Jno. Chrisman the note myself, Mr. Souders was present at the time, and neither of
them, informed him of the transfer of the note, that I know off
Question by Defendants Counsel, was the note sold by your Father to Jno. Chrisman as the agent
of his sons at that time, or was it merely handed to him in order to examine the clerk office, to
see whether it was secured by a deed of trust?
Ans. I do not know whether it was sold or not at that time. Mr. Chrisman called me out and said
he wished to see the note that my Father said he should see it, and that he should take it along
with him.
Ques. By same. Did you purchase a horse of Philip Souder, which was left by Andrew Anderson
at his death, and if you did, what did you pay for the horse?
Ans. I did purchase the horse, and gave ten dollars for him.
Ques. By Plaintiff Couns. Do you know of Souders paying any money for Andrew Anderson
Ans. I do not know that he did, only from what Souders told me.
Question by same. Do you know of any sheep or wheat or any other property which your father
got from Andrew Anderson?
Ans. I do not know that my Father got any sheep, my uncle Jacob Dove got some from him. My
Father got some seed wheat from him, how much I know not.
Question by defendants couns. How long since your father got the wheat
Ans. I cannot say, but think it must be sixteen or seventeen years ago.
Question by same, Did your Father exchange and give other wheat for it.
Ans. I cannot say, whether he did nor not.
Quest. B same, How long since your uncle got the sheep, and how many
54
Ans. I think it was about fifteen years ago. I think three was from weathern [?]
And further this deponent sayeth not.
[Signed] Aaron Dove Junr
The article of agreement marked Ar is admitted to the other article of agreement referred to in
the bill.
Microfilm 857 image
Philip Souders & David Steele bond 22 May 1845 for $30 to stop
Microfilm image 863
Andrew Anderson’s signature (mark) on an IOU for $53.07 to Frederick Dove. Jacob Cootes
was witness.
Microfilm image 864
Back of Anderson’s note where Frederick Dove signed it over to the Chrismans Feb. 15, 1845.
Microfilm image 869
Article of Agreement between Aggy Anderson (her mark) & Philip Souder (his mark), 11
Nov. 1841.Philip Souders was to be responsible for her maintenance on his premises in a decent
manner, and for that Philip will get her husband’s land
Frederick Mowrey, Aaron Dove, and Josiah Souders were witnesses
Microfilm image 875
Deposition from Jacob A. Mitchell
Mitchell said he didn’t think Anderson was indebted to Frederick Dove by one dollar, and here’s
why. Anderson was indebted to Mitchell from time to time and put off the payment by telling
55
Mitchell that Fredk. Dove was indebted to him, and as soon as he could get his money out of
Fredk Dove he would pay Mitchell a part of the debt.
He offered me – order on Dove. I refused to take it by telling him that Fredk Dove would
dispute it. I then told him to settle with Fredk Dove and take his note, and I would take it at a
discount. He then asked me to go with him to Fredk Dove’s; I done so. I was there but a very
few minutes until I let Fredk Dove know my business and also the Black man that is Andrew
Anderson so soon as Fredk Dove understood our business he got very much out of humour, and
said Andrew Anderson had borrowed – and had not paid it. Anderson then said that he had
borrowed meal & that he intended to return it. Andrew Anderson then claimed money off of
Fredk Dove for shingles and clover seed and buckwheat. Fredk Dove did not say at that time
whether or not either of those claims were just or unjust. But threatened to break the niggers
head. The Negro Andrew said a great many rough things to Fredk Dove, and also Fredk Dove
returned pretty much the same kind of language. I then told them both that that was not the way
to settle business and if they were willing I would count up their accts on both sides, they both
agreed to the proposition. I then counted up as they gave out and agreed, and I brought Fredk
Dove in debt to Andrew four dollars and some cents. The borrowed corn meal was not put in the
amount; Fredk Dove appeared to be satisfied but Andrew Anderson appeared to be very much
dissatisfied as he had told me that Fredk Dove was indebted to him ten dollars or there abouts.
Fredk Dove then agreed to pay me the four dollars and odd cents for Andrew Anderson. I then
asked soon Dove – his note for the amt. that – refused and said that he could pay me without that,
some conversation then took place between Fredk Dove and me in regard to our business, I
asked Mr. Dove for some money he said he had none all that time. I then told him that I would
take any good paper towards what he owed me at a discount. He then said that he had some
deeds of trusts. I asked him who they were on. He told me one on the Stultz land and one on
Abraham Zirks land. I told him that neither of them would do, as I knew all about the matter in
both cases. I then asked him if he had no other, he said he had not we parted without making
any adjustments of matters between us, save only that he promised to pay me the four dollars and
odd cents on Andrew Anderson act but he never paid it to me. After the death of Andrew
Anderson, Philip Sowders paid me all that Andrew owed me, and further the deponent saith not.
[signed]
Jacob A. Mitchell
6 October 1847,
Witness Samuel Cootes
Microfilm image 883
Jacob Cootes Jr.’s answer to the complaint
56
In September 1817 Cootes was constable and was to collect from Andrew Anderson $11 &
interest from 15 November 1822 in favor of Jacob Dove. Cootes couldn’t find enough property
of Anderson worth that much. On 27 Sept. 1827 Frederick Dove agreed to settle the amount
provided Andrew would give him a deed of trust on his land for the amount of the execution
together with some money Andrew was to him. Dove & Anderson came to a settlement in
Cootes’ presence. Cootes was asked to write a note which he did for $53.7 dated 27 Sept. 1827.
Anderson signed the note & acknowledged it to be just. Cootes saw the note again recently
when Chrisman had it. If Cootes ever knew what items made up the $53.07, he has now
forgotten as he paid little or no attention to the settlement other than the final note. But from the
manner of their settlement and Anderson signing it he has no doubt all was right.
Summary Transcription of Chancery Court case
Microfilm images pages 895-899:
The --- --- of Frederick Dove to a bill of complaint filed in the Circuit Superior Court of Law
and Chancery for Rockingham County by Philip Sowders administrator of Andrew Anderson
Dec.d and Aggy Anderson widow of against Frederick Dove, Henry A. and C. C. Chrisman
Jacob Cootes.
. . . Andrew Anderson departed this life intestate on the – day of __ 1838 and left the
complainant Aggy, his widow or reputed widow but she also had departed this life since the
filing of the complaints bill. Instead of $10 the said Andrew left at his death, probably $50 worth
of personal property some of which Sowders has disposed of privately and some of it he has in
his possession yet. Andrew Anderson had at the time of his death as much if not more property
than at any time after the execution of the Trust-deed referred to in the bill. On one acc—there
was a sale made by the constable of said Andrew’s property at which the respondent bought a
blind mare, for a few cents & gave the mare to Andrews daughter Nancy in the following spring,
the blind mare brought a mare colt which was raised by said Nancy and the family until it was fit
for use and then Andrew without the respondents consent, and he believing without his daughter
Nancy’s consent sold or traded said mare colt to David Steele Esq. and this was the only horsebeast owned on his farm after the execution of the trust-deed up to his death of more value than
the one owned by him at the time of his death.
With regard to the value of the land conveyed by the trust deed, Andrew gave $150 and he was a
most careful farmer and left the land in much better order and repair at his death than it was
when he purchased it, and it was as well enclosed then as it is now. Sowders had built a very
57
small log house on the land, but has torn down one of larger size. The respondent believes that
land would now sell for $100 and if it were not for the threats of Sowders, it would probably sell
for $150 or $200.. He has declared to the respondent & others it should do no person any good
who might purchase it.
The respondent never new (except from neighborhood report) what was Sowders contract, or
what terms he took possession of Andrew’s property and as the complainant has failed to file the
written contract, he is still left to rumour, which said Sowders was to pay Andrew’s debts, and
maintain his widow, if she became incapable of maintaining herself. Aggy continued a hale
hearty woman up to a period within six weeks of her death & did her own work and work for
Sowders. She was quite a provident woman, and respondent does not believe Sowders ever
expended one cent for clothing for her. She was in the habit of spinning making linen, and
trading it for coffee and other necessaries and it was the notorious fact. That she was as well
clothed, better (& that without any aid from Sowders) than any person in the neighborhood & for
some time previous to her death had a neat suit of burying clothes in readiness.
The respondent never either directly or indirectly if received of Andrew Anderson, one cent of
the debt secured by the deed of trust, nor has he ever admitted the payment of it, in the presence
of any person. The respondent denies telling Sowders the deed of trust was mislaid he never had
it in his possession and did not know it had been taken out of the Clerk’s office, until he was
informed by his agent it was in the hands of the Trustee. Respondent admits that when Sowders
came and complained & abused him for not having – made his money sooner the respondent told
him he had lost sight of the debt for some time. The respondent is a cripple & disabled from
active attention to business & has been for a number of years & has no person about him to
intrust with business about eighteen months since the respondent got Mr. Chrisman to examine
his papers is – for certain title papers which were ten made and in looking for them, he found
Andrew Anderson ‘s note together with a note on a certain Jacob Holman & when Mr. Chrisman
spoke of the notes the respondent promptly informed him, he has not thought of Andrew’s note
for a considerable time and requested him to examine the Clerk’s office and see if there was not
a deed of trust to secure the debt. He afterwards informed respondent there was a trust but
advised him to let it stand until Sowders & respondent got some other business adjusted as he
apprehended Sowders would make a fuss about it.
The respondent is not able after such a lapse of time to name each item, which constituted the
sum of $53.00 in the note. He recollects an execution against Andrew in favour of Jacob Dove
for about $15.00 such a matter this respondent would not have recollected if he had not been
reminded of it. The respondent had been in the habit of paying money for Andrew to the
constables at different times. He paid a debt to John Chrisman as constable for Andrew,
previous to the execution of the trust, and he has no doubt the greater part if not the whole of the
sum was created in that way: and he feels entirely confident if Andrew had not owed the whole
sum he would not have taken his note & a deed of trust for it.
58
Respondent will now give a history of the transfer of the debt. Some time in December or
January last, John Chrisman called on the respondent with a request that he should pay John
Henry Esquire a fee, which was due to him. Respondent told Mr. Chrisman, he had no way to
pay it unless the money could be made out of Andrew. Anders or Jacob Holman’s notes, and the
respondent requested Chrisman to collect these notes for him, to which he agreed, but would
charge something for his trouble to which respondent readily agreed, and there was an
understanding on that occasion or shortly afterwards that he should receive a reasonable
compensation for the collection. Afterwards respondent understood from Chrisman that Sowders
was willing to pay him $50 and respondent then said he would be governed by Mr. Chrisman’s
advice as to the sale. He then requested respondent to let it stand so until he went home and
returned. When he returned he informed respondent his sons would pay fifty dollars for the debt,
and pay him for his troubles and run all risks, and take it without recourse, and on these terms
respondent sold to Henry A. Chrisman and Camlyses C. Chrisman.
Then Aggy removed to Sowders to live she took with her her personal property left by Andrew,
and such considerable part of the property was sold shortly afterwards to a larger amount
considerably than the sum paid by Sowder to Jacob A. Mitchell: and if the contract between
Sowders and Aggy was that that he was to have the use of the land merely for supporting the old
woman, he has had a good bargain for she supported herself. Of course she had no power to sell
or dispose of the property to the exclusion of the payment of Andrew’s just debts: and if her
interest was but a life estate, it is at an end now.
The respondent denies all fraud, intrigue, or combination and having answered prays to have
dismissed with his costs in this behalf most unjustly appended to
[signed] Frederick X Dove
Rockingham County to wit
This day Frederick Dove personally appeared before this subscriber a Justice of the Peace in and
for said county and made oath that the facts stated in the foregoing answer in chancery are true
according to the best of his knowledge & belief. Given under my hand this 8 day of July 1845.
[signed] Samuel Cootes J.P.
From microfilm page 900
This is the original complaint by Philip Sowder/Souder. Here are the highlights:
Andrew Anderson died in 1838 as near as they could remember.
Aggie, Andrew’s widow, was his only survivor and heir
59
Andrew had little personal property at his death, maybe worth$10, and most of it was household
furniture.
He had land not over 45 acres which was by no means valuable except of little value to his aged
and – widow
After Andrew died, Jacob A. Mitchell, a deputy sheriff for Rockingham Co. had claims against
Anderson’s estate for about $15 for taxes,
Sowder agreed to buy the land and paid the back taxes and agreed to furnish Aggy with food and
clothing (raiment) for the rest of her life.
The contract between Sowders & the widow was reduced to writing [the Articles of Agreement]
Sowder supported the widow for about 7 years
He moved the widow to his own residence where he has supported her about 7 years
He considered he had a hard bargain, and was – to -- -- it more through matters of humanity[?]
than any expectation of gain.
The land itself was poor and had very little timber and was valuable to Sowders only because it
was near his other land.
== === ==
Frederick Dove, a neighbor, knew of the circumstances. He recently set up a claim to the land
saying that Andrew many years back in 1827 had executed a deed of trust to Jacob Cootes as
Trustee conveying the said land to him for benefit of Dove to satisfy a debt.
When Sowders heard of this, they could not believe it was true, and Sowders called Dove for
proof, and Dove said it was a very old transaction; the deed of trust had been mislaid for many
years. he had lost sight of the document entirely.
The deed of trust was found amongst his old papers, Dove had employed John Chrisman to take
care of this business
The complaintants were satisfied that Andrew could not see the nature of things . . . [?]
Anderson had many years ago called upon Frederick Dove to deliver up to him the said deed of
trust, alleging that this debt in said trust had been fully paid but that he had lost or mislaid the
deed; Dove said as soon as he found it he would destroy it, and Andrew shouldn’t worry about it
any more
[page 902]
60
Expr—owe that the said Andrew did not owe c== to said Frederick Dove to the amount of one
cent which they are willing to swear over [?] expect to be able to prove. And further show that
no – has been made for a period of many years and none since the death of said Andrew
Anderson on the part of said Dove or any one for him.
Nat . . . your orator P. Souders has been engaged in the support and maintenance of his widow
and his -- -- -- repair of said lands and – and but there – about 2 miles of the residence of said
Dove. They --- own that Andrew Anderson for several years after the execution of said Deed
hast – the – of Homan cattle & other property the value to much larger amounts than the – set
forth on the deed of trust --, wether the knowledge of said Dove. Your orator P. Souders had not
heard of said Deed – about this last fifty or about the 1st March – not taken as executing a t—but
he now feels that a deed of trust – executed by the said Andrew Anderson to Jacob Cootes Jr. on
the 27th day of September 1827 acknowledging a debt due to Frederick Dove by bond bearing
date on the 27th day of September 1827 per the sum of $53.00 which fell due on the 1st day of
October 1828 and – for the sale of the land to be sold on failure of payment when said bond fell
due.
A copy of said deed could hereafter be – no – as it on be prepared.
Also since land has been advertised for sale by Jacob Cootes, Trustee & could be on the 24th day
of May 1845 on the pr—unless presentation by the interp—of a court of Equity as well more
fully appear by all – pro – in the Harrisonburg Republican, a step from said news paper is
herewith filed marked A and is prayed to be taken and considered as a part of this bill by which
the – could more fully appear and from said advertisement it appears said Land will be sold for
the benefit of Henry A. & Combyous Chrisman, by what – or device the complainant are not
informed.
With a lot of words, the rest of the document seems to say that the proposed sale of the land
should be stopped because Frederick Dove had been paid by Anderson and had failed to
destroy the deed of trust as promised.
Microfilm page 884
Henry A. Chrisman & C.C. Chrisman’s answer to the complaint, summarized




The Chrismans don’t have personal knowledge of the history of the debt of $53.07
They know Mr. Dove & he is old & very infirm, and rather neglectful, too.
They aren’t surprised that he would forget or neglect a debt
They believe Dove has integrity & wouldn’t intentionally wrong or defraud a neighbor.
61


They paid Dove $50 for the note and agreed to take it without recourse. They won’t
agree that Anderson had really paid the note unless they have strict proof from the
complainants
They have been fair with Dove & they deny all fraud, intrigue, and ask the court to
dismiss the case.
62
Some Sources
Augusta County (Va.) Chancery Causes. Andrew Anderson, free man of color, v. John Fulk.
Photocopied from original file in Augusta County Courthouse.
Chalkley, Lyman. Chronicles of the Scotch-Irish Settlement in Virginia. Baltimore, MD:
Genealogical Publishing Company, Inc., 1980 reprint. Volumes I, II, and III.
Document BG9, “Brocks Gap Heritage Day Collection” by Pat Turner Ritchie. These are copies
of the 1827 chancery court record of Andrew Anderson v. John Beal. Copies were
donated at the first Brocks Gap Heritage Day by Jane Hoover VanOrden Smoots.
Lake, D. J. Co., An Atlas of Rockingham County, Virginia. 1885, Reprinted by HarrisonburgRockingham Historical Society.
Rockingham County Survey in 1813 for Andrew Anderson, free Negro. Copied from original
document.
Rockingham County (Va.) Chancery Causes. Andrew Anderson v. John Beal, 1810-001. Local
Government Records Collection, Rockingham Court Records. The Library of Virginia,
Richmond, Virginia. (LVA microfilm reel no. 652, local reel no. 1, image 733).
Rockingham County (Va.) Chancery Causes. Admr. Of Andrew Anderson v. Frederick Dove
Etc., 1846-008. Local Government Records Collection, Rockingham Court Records. The
Library of Virginia, Richmond, Virginia. (LVA microfilm reel no 169, local reel no. 26,
image 810).
Schreiner-Yantis, Netti and Florene Speakman Love, The Personal Property Tax Lists for the
Year 1787 for Rockingham County, Virginia. Springfield, VA: Genealogical Books in
Print, 1987.
Smith, Vincent M. The Moyer Families of Crab Run, Northwestern Rockingham County,
Virginia. Privately published. 1997.
Souder, Tressie G. The Anthony Souder History 1750-1989. Privately published, 1995.
Souder, Warren. J. Biography and Genealogy of Some of the Anthony Souder and Margarite
Maurer Family. Privately published, 1997.
Souder, Warren. Martin Luther Lutheran Church Burial Record, 1989.
Yankey, Lewis H. Dove History. Privately published.
.
63
Index
A
Aggy, 1, 2, 3, 5, 7,
8, 10, 15, 19, 22,
23, 25, 36, 37,
55, 57, 59, 60
Anders, Andrew.
See Anderson,
Andrew
Anderson, Aggy, 5,
7, 8
Anderson, Andrew,
1, 2, 3, 4, 7, 8,
13, 15, 16, 17,
18, 19, 22, 25,
26, 29, 31, 32,
34, 38, 41, 44,
45, 47, 48, 49,
50, 51, 53, 54,
55, 56, 57, 58,
59, 61
B
Baker, Elizabeth,
26, 27
Beal, John, 13
Bryan, Allen C., 44
Bryan, Benjamin,
17
C
Caplinger, Jacob,
23, 30, 41, 44,
46, 50
Chrisman, 53
Chrisman, C.C., 44,
61
Chrisman,
Camlyses C., 59
Chrisman, Henry
A., 29, 59, 61
Chrisman, John, 23,
29, 30, 31, 32,
33, 41, 45, 46,
51, 58, 59, 60
Cootes, Jacob, 23,
29, 44, 55, 56,
57, 60, 61
Cootes, Jacob Jr.,
23, 44, 56, 61
Cootes, Samuel, 28,
56, 59
Custer, Jacob, 27
Dove, Frederick
“Fritz”, 4
Dove, George, 8,
13, 15, 19, 26,
27, 39
Dove, Jacob, 42,
54, 57, 58
Holman, Jacob, 58,
59
Hottinger,
Frederick, 3
Hubbard, John, 3,
27
K
F
Fawcett, Joseph, 19
Fawley, George, 26
Fawley, Magdalene,
26
Fitzwater, James,
27
Fulk, George, 27
Fulk, Isaac, 23, 41
Fulk, John, 19
Furry, Samuel, 3, 7,
27
D
Dasher, Isaac, 23,
29
Davis, John, 23, 33,
34
Dellinger,
Benjamin, 3
Depoes, Stephen,
13
Dispeny, John, 15
Dispeny, Joseph, 15
Dove, Aaron, 3, 7,
8, 23, 40, 53, 55
Dove, Aaron Jr., 3
Dove, Aaron Junior,
7, 8
Dove, Frederick, 3,
4, 5, 7, 8, 10, 16,
22, 23, 26, 27,
29, 36, 39, 40,
41, 44, 46, 47,
49, 50, 51, 52,
53, 55, 57, 59,
60, 61
G
Gambill, H. J., 2, 13
Goose Creek, 1, 15
Gray, Algernon S.,
23, 50
Gray, Douglas, 23,
50
Green, Jonas, 23, 34
H
Harper, Addison, 27
Harper, George, 23,
31, 34
Harrison, John, 13
Henry J. Gambill.
See Gambill, H.
J.
Hering, Alexr., 17
64
Keplinger, Geo., 52
Knestrick,
Frederick, 19
Koontz, 49
L
Lance, George, 45,
50
Lance, Jacob Senr.,
50
Lantz, George, 29,
30
Lents, George, 23,
34
Lutheran Church,
15
M
Matthews, Francis,
13, 19
May, James, 23, 41,
46
May, Samuel, 4, 23,
32, 34
McWilliams,
Samuel, 19
Miller, Samuel, 27
Mitchel, Jacob, 38,
40
Mitchell, Jacob A.,
4, 8, 23, 41, 55,
56, 59, 60
Mongold, John, 17
Mowrey, Frederick,
55
Mowrey, Frederick
N., 8
Moyer, Elizabeth,
3, 5, 8, 10, 17,
23, 34, 41
Moyers, Henry, 7,
23, 31, 34
Moyers, Michael,
15, 23, 50, 51
Moyers, Michael
Sr., 15
Moyers, Palser, 30
Mungold, John, 23,
41
Myers, Michael.
See Moyers,
Michael
P
Park, Wm, 37
Parks, William, 4,
22, 23, 30, 32,
33, 50
Pollock’s Hotel, 44
Skeens, Reuben, 13
Smith, Ab, 40, 41
Smith, Abraham, 44
Smith, Adam, 51,
52
Smith, Frederick,
19
Smith, William, 13
Souder, Eve Fulk,
22
Souder, Josiah, 8
Souder, Philip, 1, 2,
5, 7, 8, 10, 15,
16, 17, 18, 22,
23, 54, 55
Souder, Warren, 17
Souders, Josiah, 55
Sowder, Philip, 30,
35, 41, 59
Sowders, Philip, 29,
31, 33, 35, 37,
41, 43, 44, 46,
50, 56, 57
Steele, David, 55,
57
Stevens, Wm. G.,
50
R
Rader, Adam, 26
Rader, John, 23, 37,
40, 41
Rader’s store, 4, 42
Randall, Abel, 32,
33
Randle, Abel, 23,
34
Riddle, George, 27
Riddle, Isaac, 27
Riddle, John, 26,
27, 28
Ritchie, John, 4, 19
Ritchie, Susanna,
19
S
See, John, 23, 30,
34, 45
Siever, Jacob, 50
65
T
Trumbo, Jacob, 26,
27, 28
Turner, James, 4,
23, 31, 34, 41
W
Wetzel, John, 50
Whetsils, Jacob, 32
Whetzel, Martin, 3,
7
Wittig, Ulrich, 23,
41
Wolf, Valentine, 13
Z
Zirk, Abraham, 23,
24, 32, 37, 41, 44
Zirk, Abram, 38, 43