ca. 1771 - Deposition of Anthony Irby to George Wythe
CWF Rockefeller Library Special Collections. SCMS1931.4.02

p1

In the year 1762 I impowerd peter Irby to View a
Sertain percell of Land Laying on both sides of Banester
River and by Creek and to let me know what Sale
and the price wich he p[illegible]ticly performd after Viewing
the said Lands wich was in two surveys and Lay just
by one another but did not Joyn the [Loar] peace of 400
Acres Lay on both sides of the said River the other 404
Acres Lay on the south side of the said River and on
both sides of by Creek as may be seen by the plot [scribble]
the said peter Irby after Viewing the said Lands waited on
those Gentlemen to know there price and after knowing
it Wrote me word and I waited on them to bye the said
Lands met them at L[illegible]nenburg Court the said Clemt
Read told me the Right lay in him but his brother Toms
Read must sell it to me and he must make me the right
Accordingly I talkt to toms and he agreed that I should
have it for 200 £ but said he could not Draw any Writing
then because he had not got his papers there but [if] I
would meet him at halifax Court the thursday following
he would be provided with his papers and confirm the
bargin with me accordingly I met him and he braut bonds
Ready wrote my bond for the money and his bond for the
the performance of the Right — The said peter
Irby being a strainger to the name of Water Courses
and I was [illegible]ter so that the Gentlemen had a great Opertun-
-nity of Imposing on me as they did Instead of puting by
Creek in there bond he put Brush Creek in wich
Lyes 7 or 8 miles hyer up the River I being a strainger
and not knowing the name of the Water Corses was
Satisfied with by agreement they was to include the two
Surveys in one patent they makes over the Loar Survey
to me by [ded], the other being not patented at that time
in Little time they sent me a patent including 774 Acres
but put 374 Acres of land in that lay 7 or 8 miles from the
Other where they never had any Lands
p2 I often Arguid with them on the subject but I said I must go
to Brush Creek or my Land and that I should not have the
other for it was there Mothers Land before I found out
that I had no Right to it I Listed the land Every year and
paid Quitrence for it after I braut suit in the Generall Court
against them I brings a petition against them in the County
Court to Recover the Quitrence back as I had paid and
summond witnesses to prove that they had no land on Brush
Creek nor never had but the Opinion of the Court was that
as I had braut suit in the Generall Court that I should
have the damages given me there and so Dismist the
petition and as the Court was of that Opinion I shall be
glad to know your opinion without it I was to state the
Quitrence in an Account including the cost of that
petition with it Weither and Intrest of 100 £ it could be Recoverd if I Recover
any Damages in your Court — should be glad to
know your Opinion by a Letter.

have sent you the proceeding of the Court also a copy of
a Letter Impowering Armstreat Watlington to tell the Land
as I ort to have — I got the County surveyor to make
out the courses of the patent but the courses would not
Answer as they [run] Quite Contrary and took other peoples
Lands — Shall be glad to know Weither it will be tried
this Court or not if not this Court when it will be tried
I must further Inform you that they have got a sertificate
for 374 Acres of Land on the said brush Creek but it Runs
where Other peoples patent Lands Lie and [beleave] and
able to purduce a patent for the patent was Granted to
Benjamin Powell and conveyd by Deed to Charles
Harris with Lives on it the old Setlers there says that
the Reads has no Land on the Creek nor Never had as I had
three of the Old Setlers for witnesses in the purtition I had
against them that knows Every mans bounds on the Creek
and River.

as Old Mrs Read Claims the land as I ort to have and has
Impowered Watlington to sell it I shall be glad to know how it
would Answer in the suit I have against them if I was to
bye it or any other person in my behalf
p3 if you think it will be tried in this Court send me sepences
for the witnesses hear named John Laws Charles Harris
Robert Wooding Peter Irby Armstreat Watlington those
Living in Halifax County peter fountain in Hanover
County as you must send the sepenia for him your self
but send the rest to me — also a sepenia for for Wm freman
I have Derected the Barer to Imploy the Attorney John
Randolph if he is Imployd against me shall be glad
youl Inform him wich of all the Gentlemen Lawers you
would Chuse for your Assistant

When the petition that I braut against them in order
to Recover my Quitrence back came to be tried Mr pall
Carington Acted as attorney for the said Reads and
asertaid that Toms Read Never Owned a foot of Land in
Halifax County in his Life and that the bond I took
of them was not a Joint bond therfore I desire youl
send me an Exact Copy of there bond by the barer
I have been prety Credablely informd that they Used
to petition in a frendly petitions from father to son and
from one brother to another that they kept there Lands
in that form for many years

pray search in the office and see how they Used to
A[illegible]t the more you [pusell] your self the better Ile make
your fee I am more Vigrus on them now then Ever sence
they have Acted so Ungenirus and Unonerable
I have given you the hole purtickulars of the cases
therefore pray bring it on as Quick as posable
for Sir your hble serts

Anthony Irby

p4

For Mr George
Wyth