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1807: Lewis Ashby & wife v Ann Fishback
Index Id: 1807-039
County: Fauquier
Scanned Images: Yes (20)
Case Filed: 1803; Case Settled: 1807

Case Summary:

Complainants Lewis Ashby and his wife Leannah, d/o of Jeremiah Darnall, state that Jeremiah Darnall sold of a 430 acre tract of land to Josiah Fishback, now deceased, and that the surveyor who made the survey to divide the land made a mistake and gave 40 additional acres to Fishback. Papers in this suit document that Leannah Ashby and Susannah Smith were the daughters of Jeremiah Darnall and also includes a complete list of Josiah Fishback's children. Some researchers state that Leannah was a Buckner but that is incorrect.

Case File Inventory:

p. 3-5 Bill of Lewis ASHBY and Leannah his wife states that t Jeremiah DARNAL late of said county deceased died seized of 430 acres in Fauquier County and conveyed 23 Feb. 1795 to Jos Fishback 215 acres. The land was to be surveyed for division but the complainants say the surveyor made a mistake and assigned 40 acres too much to Josiah Fishback. Complainants state that Leannah is the daughter of the said Jeremiah Darnall, that Ann Fishback was the widow of Josiah Fishback, daughter Sarah Fishback married John Morea, daughter Mary Fishback married Charles Monday, daughter Lydia Fishback married Thomas Rosfel [reversed names], Jesse Fishback, son of Josiah and his administrator.

p. 6 Answer states that Jeremiah Darnall had two daughters: Leannah Ashby and Susannah, wife of Augustine Smith.

(Source: Lewis Ashby & wife v Ann Fishback, 1807-039, 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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