Amherst County (Va.) Chancery Causes, 1779-1956 (bulk 1850-1912)

Access and use

Location of collection:
Library of Virginia
The Library of Virginia
800 East Broad Street
Richmond, VA 23219
Contact for questions and access:
POC: Archives Reference Services
Phone: (804) 692-3888

Summary

Creator:
Amherst County (Va.) Circuit Court.
Language:
English

Background

Scope and content:

Amherst County (Va.) Chancery Causes, 1779-1956, consists of cases concerning issues of equity brought largely by residents of the county and filed in the circuit court. These cases often involve the following actions: divisions of estates or land, disputes over wills, disputes regarding contracts, debt, divorce, and business disputes. Other less prevalent issues include freedom suits, permissions to sell property, and disputes concerning trespass. Predominant documents found in these chancery causes include bills (documents the plaintiff's complaint), answers (defendant's response to the plaintiff's complaint), decrees (court's decision), depositions, affidavits, correspondence, lists of heirs, deeds, plats, wills, records involving enslaved individuals, business records or vital statistics.

Chancery causes 1779-1869, contain a large amount of cases concerning debts and estates. This date range of cases also contains a fairly substantial amount of information concerning enslaved Black men, women, and children. While there are several suits concerning the freedom of enslaved individuals, these cases largely represent the perspective of white enslavers and their disputes involving the sale, hiring, financial responsibilities, and legality of ownership of Black individuals.

Chancery Causes 1870-1912, also contain a large amount of debt and estate cases but in these decades following the Civil War and moving towards the turn of the century, there are a significantly higher number of cases related to contracts and divorces. The divorce cases in this date range for Amherst County disproportionately involve Black couples. Additionally, although post-Civil War material, cases involving Black individuals may reference prior enslavement, and estate cases may at times still list names of Black individuals enslaved by white estates. In the first decade after the Civil War, there are a number of cases that refer to the effects of the war on marriages, family economics, and property ownership. Lastly, this section of material contains cases related to mental health and the legal processes involving individuals labeled as “insane” or “lunatic.”

Chancery Causes 1913-1956 are at this time unprocessed so have no descriptive information.

These records also contain 2 boxes of “Orphan Chancery” which is processed but not indexed. These records contain parts, often single items, of chancery causes that could not be further identified as belonging to a certain case.

Biographical / historical:

Amherst County was named for Major General Jeffery Amherst, British commander in North America during the latter part of the French and Indian War and governor of Virginia from 1759 to 1768. It was formed from Albemarle County in 1761. Islands in the Fluvanna (now the James) River were added in 1770.

Chancery Causes are cases of equity. According to Black's Law Dictionary they are "administered according to fairness as contrasted with the strictly formulated rules of common law." A judge, not a jury, determines the outcome of the case; however, the judge is basing the descison on findings compiled and documented by Commissioners. Chancery causes are useful when researching local history, genealogical information, and land or estate divisions. They are a valuable source of local, state, social, and legal history and serve as a primary source for understanding a locality's history. Chancery causes document the lived experiences of free and enslaved individuals; women; children; people living with physical disabilities or mental health struggles; people living in poverty; defunct institutions and corporate entities; or those that may not have otherwise left traditional written histories.

Acquisition information:
These records came to the Library of Virginia in a transfer of court papers from Amherst County Circuit Court in 2017 under the accession number 52092, and an undated accession.
Arrangement:

Chancery Causes 1779-1912 are organized by case, of which each is assigned a unique index number comprised of the latest year found in case and a sequentially increasing 3-digit number assigned by the processor as cases for that year are found. Arranged chronologically.

of documents within each folder are as follows: Bill, Answer, and Final Decree (if found.)

Chancery Causes 1913-1956 are unprocessed and remain in their original bundles.

Physical location:
Library of Virginia
Physical description:
Digital images; 112.37 cubic feet (248 boxes)