Petition #21684725

Abstract

Marshal Ayres seeks an injunction against parties currently "committing great waste & destruction" on land of which his wife Rebecca "was seized in fee simple at the time of her marriage to your orator." Ayres reports that previous to their marriage, the said Rebecca was possessed of about 140 acres of land and three slaves. He avers that Giles Callicote and others contest Ayres's right to the land, alleging that Rebecca conveyed the land to them in 1837, "a short time before her intermarriage" with the petitioner. Ayres believes that his wife was fraudulently led into signing the conveyance and into allowing it to be "post dated so as to make it appear to have been" signed previous to the marriage. He further charges that Callicote has now taken possession of part of the land "and has cut down and procured others to cut the timber on the said Land and committed great waste upon" it. Fearing the value of the land "will be greatly impaired if not totally ruined" by such acts, Ayers prays the court "to injoin Giles H. Callicote his agents attorneys servants and all others concerned from cutting deadening or in any wise comitting waste upon or molesting or removing the fences & enclosures of the said Land" and to determine the validity of the conveyance. If it is found to be fraudulent, Ayers prays that his wife's land be returned to their joint possession.

Result: Partially granted.

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Citation information

Repository: Library of Virginia, Richmond, Virginia

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