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1803: Lewis Ashby & wife v Augustine Smith and wife
Index Id: 1803-026
County: Fauquier
Scanned Images: Yes (5)
Case Filed: by 1800; Case probably dismissed or amended: 1803 (see 1807-039 for 2nd suit)

Full list of plaintiffs and defendants: Lewis ASHBY and Leannah his wife against Augustine SMITH and Susannah his wife, formerly Susannah DARNALL, Ann FISHBACK widow of Josiah Fishback, John MOREA and Sally his wife, daughter of Josiah Fishback, Charles MONDAY and Mary his wife, Jefse FISHBACK, Rosel THOMAS and Lydia his wife, a daughter of Josiah Fishback, Josiah FISHBACK and John FISHBACK infants under the age of 21 by Jesse Fishback their guardian, Jefsee Fishback and Charles MONDAY administrators of Josiah Fishback deceased and Thomas CLARKE

Case Summary:

There were only 5 images, 2 of which were separate summons, one dated 25 Oct. 1800 and one dated 31 Dec. 1800. There were notations that several of the defendants were not inhabitants of the county. A second suit followed that provided more information.

Notes: Lewis Ashby was the son of Captain John Ashby and his first wife Jane Combs (d/o of Joseph Combs I). These summons document that Lewis Ashby's wife was a DARNALL (see also second suit brought by Lewis Ashby against Ann Fishback which contains papers stating she was the daughter of Jeremiah DARNALL).

Case File Inventory:

p. 2 Summons dated 31 Dec. 1800 issued for: Ann J FISHBACK widow of Josiah Fishback, John MOREA and Sally his wife, daughter of Josiah Fishback, Charles MONDAY and Mary his wife, Jefse FISHBACK, Rosel THOMAS and Lydia his wife a daughter of Josiah Fishback, Josiah FISHBACK and John FISHBACK infants under the age of 21 by Jesse Fishback their guardian, Jefsee Fishback and Charles MONDAY administrators of Josiah Fishback deceased and Thomas CLARKE to appear and answer a bill in Chancery against them by Lewis ASHBY and Leannah his wife, formerly Leannah DARNALL .

p. 4 Summons dated 25 Oct. 1800 issued for Augustine SMITH and Susannah his wife formerly Susannah DARNALL,: Ann J FISHBACK widow of Josiah Fishback, John MOREA and Sally his wife, daughter of Josiah Fishback, Charles MONDAY and Mary his wife, Jefse FISHBACK, Rosel THOMAS and Lydia his wife a daughter of Josiah Fishback, Josiah FISHBACK and John FISHBACK infants under the age of 21 by Jesse Fishback their guardian, Jefsee Fishback and Charles MONDAY administrators of Josiah Fishback deceased and Thomas CLARKE to appear and answer a bill in Chancery against them by Lewis ASHBY and Leannah his wife, formerly Leannah DARNALL

(Source: Lewis Ashby & wife v Augustine Smith and wife, 1803-026, Library of Virginia Archives, Chancery Records Index: Fauquier Co., original images from case file, abstracted and submitted by Sue Elfving for Combs &c)

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