John Ferrell
b. -
d. -
----- Children -----
Zeb Vance
Rachel Vance [A2888]
Nancy Vance [A1346]
Phoebe Easter Vance [A213]
Mary A "Polly" Vance [A506]
James Vance
GenForum, 29 July 1998
by Everett Vance
Russell County, Virginia Deeds, Grantors Index to Deed Bk 3, 1798 - 1806
Ewing, Sam attorney for Richard Smith (grantee) Ferral ?, John (grantor)
2 Jun 1806 738 acres
RUSSELL COUNTY, VIRGINIA DEED BOOK 3 (1798 - 1806)
Page 738 - June 2, 1806 between Samuel Ewing, atty for Richard Smith of
London and John Ferral...50 ac on the waters of Clinch River on the north
side of the river in the New Garden including a place called the
beartree...Signed: Samuel Ewing, atty for Richard Smith of London. No
witnesses.
Page 739 - June 2, 1806 between Samuel Ewing, atty for Richard Smith of
London and John Ferral...26 ac on the waters of Clinch River and on the
north side of the ssame in the New Garden adjoining the tract he now
lives on, on the south side...Beginning...on Patrick Dowels
line...Signed: Samuel Ewing, atty for Richard Smith of London. No
witnesses.
John Ferrell married Nancy Jackson of Russell County, Virginia. He was
the father of three sons and two daughters. His sons were William, who
moved to Roane County; Andrew, who married Polly Slater, and then moved
to Missouri; and John, who married Jane Taylor, and was through a long
life, a prominent Baptist preacher, and was greatly beloved by all who
knew him. His daughters were Jennie, who married John Murphy, and Levisa,
who married Ralph Steel, of Island Creek.
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For those who are researching John Ferrell and ELizabeth Vance.
His first land was on the Tug, and he owned a Mill as part of his
investment. Also note that in this area it was shown as part of FLoyd,
but a few years later it Pike. He was a fairly early resident. Has anyone
ever heard of the Reverend James Madison?
KY Archives File 8 (note this is the 8th civil filed recorded in Pike Co.)
To the honorable the Judge of the Pike Circuit Court in Chancery now
sitting humbly complaining showeth unto your honor your orator John
Ferrell.
That on the 14th day of January 1822 at the County of Pike a certain
Robert Scott by his attorney in fact James Fullen told to your orator and
a certain Charles Kennedy as joint tenants a certain tract or parcel of
land lying in the county of Floyd now Pike in consideration of the sum of
one hundred dollars to the said Fullen paid or secured to be paid or to
the said Scott which now collected pricing; but for greater certainty
your orator _ to the original land and which is now filed as part of this
Bill.
Your orator charges that from the term of said bond the title was to be
made to your orator and said Kennedy on the first day of November 1822
which title has not yet been made to these or the land tendered to be
made. Your orator charges that he paid up to said Fullen a full moiety of
the purchase money for the land aforesaid and the said Kennedy hath paid
up of the other moiety all except the sum of $60.00 leaving but sum and
upon said purchase. Your orator further charges that the land Fullen hath
a beneficial interest in said land as they are informed & behind and the
purchaser money accrued to his on and benefit and purchaser he is the
only responsible person to then if the title should not be made. He
further charges that the said Scott and that and Fullen both reside out
of the state and live in the State of Virginia. The circumstances of said
location precisely known, but the said Fullen is in the person to wit and
as they are informed utterly insolvent.
Your orator charges that as he is advised right hath occurred to him to
sue for said title promised as aforesaid by the bond aforesaid and that
eventually he must have a recovery for cost in land first aforesaid
instituted for the proper aforesaid, but as the said Scott and Fullen are
now residents and the said Fullen insolvent he is of great anger of
losing the said costs when accrued to him. Your orator had asked, hoped
that he title aforesaid would have been made to him, as he believes the
same is in the said Scott. But now to it is the said Scott or the said
Fullen as his attorney in fact, hath not conveyed said land to the term
of the bond aforesaid. But have wholly failed & neglected to do so. All
which & for as much & to the end thereon your orator pray that the land
now _ and James Fullen and the said Charles Kennedy be made defendants
hereto and that the true and perfect answer make to all and singular the
allegation in the Bill contained in a time and complete a manner as if
the land was here inserted by way of interrogatory and _ it please your _
the persons _ to accrue that the said defendant Scott convey unto your
orator and the Defendant Kennedy according to said Bond with such
warranty and in such manner as in equity promised always that the
Defendant and Scott or Fullen shall then themselves are able to do so by
filing and producing the title papers to this same land in court for your
honors inspection. But if it should so happen that the title of said
Scott or Fullen should prove _ and they unable to convey then your orator
asks your honor to review that the purchase money already paid be
refunded with interest in such proportion as your orator pry that he
money unpaid by the said Charles Kennedy be enjoined in his land that the
costs of this present suit in any and every want be saved and if upon
find hearing the costs of the suit shall not amount to what shall be and
owing by said Kennedy, but you Shall assess at the _ time that the title
shall be accrued then he prays that as to the amount cost as curtained
thou by untruth he made perpetrated and the balance he paid to said Scott
or Fullen upon a surrender being made of the obligation which at present
is held upon said Kennedy - and for the purpose of effectuating what is
hereby prayed the Defendant Kennedy by leave of the Court so far unites
with your orator as complainant as to pray a _ for the title to said land
or to have his proportion of the money refunded with interest if the same
cannot be conveyed. Your orator prays the _____ and such other and
further which as to equity belongs and as in duty bound will ever prayed.
Shortridge for Complainant
Robert G. Scott answer Ferrell hereby and the said Robert G. Scott by his
attorney comes & demurs to the complainants Bill therein & for cause of
demurrer shows to the court the following that it appears by the
complainants own showing that this demurrant is not a party to the
contract. 2nd the complainant has shown no equity in his Bill against
this demurrant. 3rd Suppose this demurrant to have been a party to the
contract still the complainant cannot maintain his suit for a conveyance
until payment or tender of the purchase money - wherefore the said
defendant for these & other causes apparent upon the face of said Bill
this demurrant demurs in law & prays that Complainants Bill be dismissed
upon his costs.
Know all men by these present that I James Fullen of Scott County and
State of Virginia attorney for Robert G. Scott of the City of
Williamsburg and State aforesaid am held and firmly bound unto John
Ferrell of Cabell County and state aforesaid and Charles Kennedy of Floyd
County and State of Kentucky in the penal sum of four hundred and twenty
dollars to which payment well and truly to be made to the said John
Ferrell and Charles Kennedy. I bind myself my heirs & as attorney
aforesaid as witness my hand and sell this 17th day of January 1822. The
condition of the above obligation is such that if the above bound James
Fullen as attorney aforesaid shall make or cause to be made to the said
John Ferrell and Charles Kennedy a food and lawful right and title as
attorney aforesaid to one hundred and sixty acres of land be the same
more or less it being part of a certain tract of land granted to the
right Reverend James Madison lying and being in the County of Floyd and
State of Kentucky on both sides of Blackberry Creek in Floyd County said
title to be made on or before the first day of November next then the
above obligation to be void otherwise to remain in full force and until
final sealed and delivered in presence of witness James Fullen attorney
for Robert G. Scott Witness Charles Wm. Cooper.
Know all by these present that I Robert G. Scott of City of Williamsburg
being & State of Virginia do hereby constitute authority and appoint
Aaron Hendricks and James Fullen my trust & lawful attorneys for me and
my named authority & severally & being in the State of Kentucky on James
River in Russell County in the State of Virginia as many seen proper to
them or either of them belonging to me in right of my wife Susan Randolph
late Susan R. Madison daughter of the right of Reverend James Madison and
I do further authorize my said agents to take & receive any money or
property paid for & consideration of the whole or any part of such and so
sold and by them conveyed & in my name to sue for and recover the same
provided that we title by them made shall bind me as my heirs unless the
price shall be equal to sixty cents for every acre sold by the lying on
Sandy River and I do further empower my said attorneys to receive from
James Sergeant of the County of Russell and property money which he may
have received as my agent on account of any land claimed by me and sold
by him and to sue for and recover the same and to demand in my name and
behalf all such patent as other papers as the said Sergeant may have in
less possession as mine, and I do further authorize my aforesaid
attorneys to give general notice either in writing or verbally that he
said James Sergeant is no longer my agent and I hereby forever a power of
attorney heretofore given to the said Sergeant be it of what kind or sort
it may and do hereby bind myself my heirs executors an administrators to
release by and ratify any act done and executed by my said attorneys and
agents Aaron Hendricks and James Fullen in as full and complete a manner
as if done by myself given under my hand and seal this 20th day of
January 1814. Robert G. Scott
Teste
Joseph Crockett
R. Bradley
Wm. Byers
Frances Preston
Memorandum my said attorneys are that limited as to the price of any
lands in Russell County and they are authority in by me to take any legal
steps to get out of the possession of James Sergeant any patents of mine
or other papers relative to any sales of land already made by the said
Sergeant as my agent. Robert G. Scott
At a court held in Washington the 19th day of July 1814 the within power
of attorney was proven in Court by the oaths of William Byers and Reuben
Bradley two of the so keepers thereto to be the and deed of the within
named Robert G. Scott and court held for the said County the 18th day of
August 1814 it was further proved by the oath of Frances Preston a
witness thereto and ordered to be certified. In testimony that the
foregoing a true copy of the record of the court of the said County of
Washington I John Campbell Clerk of the County of the above County have
hereinto subscribed my name and affirmed the seal of the said County this
5th day of September in the year of our Lord one thousand eight hundred
and sixteen and in the forty first year of the Commonwealth. John Campbell
Washington to wit; I Robert Campbell presiding Justice of the Court of
the said County do hereby certify that the foregoing attestation of John
Campbell who is clerk of the said Court is in due from given under my
hand this 4th day of September 1816. Robert Campbell
At a Court held for Russell County the 4th day of September 1815 this
power of Attorney from Robert G. Scott to Hendricks and James Fullen
certified to have herein proved in the County Court of Washington was
with such certificate order to be recorded. James P. Carrell
Floyd County Court Clerk's office 20th October 1817 I, Wm. J. Mayo Clerk
of the Court for the County aforesaid
Know all men by these present that we John Ferrell and James Honaker on
held and firmly bound unto Robert Scott and James Fuller in the penal sum
of One Hundred and twenty dollars to which payment well and truly to be
made we bind ourselves our heirs executors and administrators firmly by
these present sealed with ourselves and dated this 5th day of November
1822. The condition of the above obligation is such that whereas the
above bound John Ferrell both prayed for obtained and filed an injunction
to stay it in the hands of Charles Kennedy sixty dollars due to Robert
Scott and James Fullen until the further order of this court name of the
above bound John Ferrell and James Honaker shall well and truly pay all
costs and damages which may accrue by reason of the detention of said
sixty dollars in case this injunction shall be dissolved and abide by the
decree of the court in this case them this obligation to be void else to
remain in full force and virtue. John Ferrell and James Honaker
Sealed in the presence of Robert Clark Clk. Nov. 5, 1822
The Commonwealth of Kentucky to the sheriff of Pike County greeting we
command you to summon Charles Cannady (Kennedy), Robert Scott, and James
Fullen to appear before the Judge of our Pike Circuit Court at the
Courthouse at Spencer Adkins in said County on the first day next July
Term to answer a bill in chancery exhibited against them by John Ferrell
and this they shall not mot under the legal penalties prescribed by law
and have then there this writ witness Spencer Adkins Clerk of our said
Court this 18th day May 1824 and in the 32 year of the Commonwealth.
Spencer Adkins. C.P.C.C.
This Indenture of bargain and sale made this 3 day November 1823 between
James Fullen attorney in fact for Robert G. Scott and John Ferrell of the
other part witness that the said James Fullen by virtue of on the 20th
day of January 1814 and recorded in the county court of Russell on the 5
day of September 1815 for and in consideration of the sum of two hundred
dollars to him in hand paid the receipt whereof is hereby acknowledged
hath granted bargained and sold and by these present doth grant bargain
and sell unto the said John Ferrell and Charles Cannady a certain tract
or parcel of land lying and being in the county of Floyd and state of
Kentucky on the waters of the Tug of Sandy River being part of land tract
of land granted to the right Reverend James Madison by patent bearing
date on the 28th day of January 1796 and containing one hundred and 64
acres be the same more or less and bounded as follows to wit; beginning
at a white oak and beech a marked corner of a large survey made for James
Madison and running N67E53 poles to a lynn and beech N37_ poles a sugar
tree _ E66 poles to a maple N5W50 poles on beech and dogwood N29E56 poles
to a sugar tree on the river bank thence down to same thence crossing the
mouth of Blackberry Creek S68N90 poles to a beech and box elder S22E46
poles to a beech S27W56 poles to a beech S64poles to a small beech S66W35
poles to a beech and sugar tree S4W28 poles to a sugar and elder S38E49
poles to a beech and white _ S60E42 poles crossing the creek to a
sycamore S10W36 poles to a sourwood W52 poles to a beech N50E32 poles to
a beech and white oak S41E62 poles to a black oak S45E114 poles to 2
sycamores (they spelled it sickamoor) S30E40 poles to a white oak S80E90
poles to a beech thence N32W330 poles to the beginning to have and to
hold unto the said John Ferrell and Charles Cannady their heirs forever
together with all and singular its appurtenances and the said James
Fullen attorney in fact for Robert G. Scott doth hereby covenant and
their heirs forever and singular the above said premised against all and
every person or persons whatsoever hath hereunto set his hand and seal
the date above written. James Fullen Attorney for Robert Scott. Certified
by Spencer Adkins on Nov 1823.
John Ferrell and Reuben Kenida (Kennedy) complainant against James Fullen
& Robert Scott Defendant} Chancery
This cause now at this time coming on to be heard upon the bill &
exhibits and the Defendant James Fulton failing to appear and the process
having been duly published and the said Robert Scott having failed to
answer the complainants bill otherwise then by a demur and that being
deemed untenable the matters and things in said bill must therefore he
taken as confessed and it appearing that he defendant Robert Scott by his
attorney agreed to convey the land set forth and described in said Bill
on the first day of November 1822 and the court being of opinion that the
bond calls for a deed of General Warranty and not defined in said Bond it
is ordered. James Honaker Deputy of Pike County go upon the land and
survey & lay off the said quantity at the place mentioned in said Bond
conforming to the description given in said Bond and make report thereof
to this court to the next term thereof to enable this court to make a
further decree herein. Jul 20, 1825
The amended Bill of John Ferrell as also in amendment made by Reubin
Kennedy who in part is co-complainant with said Ferrell - to an original
Bill filed in the Pike Circuit Court against Robert G. Scott & James
Fullen.
The complainant's state that the sixty dollars unpaid for the purchase of
the land aforesaid as specified in the Bond filed in this cause is not
retained because of any inability or want of desire to pay the same if
the said Scott hath will and will make the same. But cause of action
having accrued to them at the time of filing the original Bill by the
nonperformance of said defendants covenant; and feeling compelled to
bring suit therefore to perfect the title they had bought it was by their
wishes to retain so much of said sixty dollars as would cover costs and
if the costs should not amount to that sum they are perfectly willing
that a lien upon the law (which it is admitted the defendants possess) be
_ & against them for the balance but if the cost should exceed the said
sum of $60 they pray for the balance to be accessed to them and they are
willing that the court decreeing a conveyance shall make such conditional
decree as to the payment of money before conveyance & in such way & at
such times & manners as is right & to your honor seems & able and whether
the defendants may the land money they are willing to it & the Occur make
such decree thereon as though it had been formally prayed for by
defendant or either of them. Your complainants say they tender the full
costs of this suit which they shall expend as so much of this suit which
they shall expend as to much of the said sixty dollars and the balance
being unknown now is it known there will be any but if then should be
they order to place the same in court or aforesaid to submit to the
fullest operation & extent of a lien upon the land for it and they may as
in their original Bill. Oct 22, 1824.
State of Kentucky
Pike Circuit Court July Term 1825
John Ferrell, Charles Kennedy Complainants against James Fullen and
Robert G. Scott Defendants} Chancery
This day came the Complainants by his attorney and on motion it is
ordered that James Honaker Deputy surveyor of Pike County go upon the
lands in controversy and survey and lay off the said quantity at the
place mentioned in the title bond filed herein agreeable to the
description given in said bond and make report thereof to this court on
the first day of next term thereof. Spencer Adkins Oct 1825.
John Ferrell & others Complainant against James Fullen & Scott Defendant}
Chancery
And now at this time this cause coming on to be heard again and the
surveyor appointed under a former interlocutory decree herein having
return his report of survey made in pursuance to said decree and the
court having inspected said survey and report do approve of the same and
now it is further ordered and decreed that the defendants Robert Scott
and James Fullen convey unto the complainants the land one hundred and
sixty acres of land the meets and bounds as represented on the plat
returned in this cause on or before the first day of the next term of
this court by said general warranty and it is further decreed and ordered
that the complainants pay the defendant the sum of sixty dollars on or
before the first day of the next term of this court or to the attorney of
said defendants and all further matters and things herein are reserved
until the further order of the court and this cause is contained until
the next term.
John Ferrell vs. Scott & Fullen] Chancery
This cause concerning on to be heard and it appearing to the satisfaction
of the court that said complainants has paid the balance of the
purchasers money amounting to the sum of twenty four dollars and forty
cents in therefore of interest and the defined and having executed a deed
by James Fullen as attorney in part for Robert H. Scott which appears to
the court to be a compliance with the title bond of the complainants it
is therefore received and ordered to be recorded and it is further
ordered and that the note executed by Charles Kennedy for the purchase
money for about sixty dollars is ordered to be given up and canceled and
that each party pay their own cost and the parties are here dismissed.
Final Decree
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About James Madison:
Name: James Madison , Dr. Rev.
Birth: 27 AUG 1749 in Port Republic, Augusta Co., Virginia
Death: 6 MAR 1812 in Williamsburg, James City Co., Virginia
Occupation: President of William and Mary 1777-1812
Burial: Buried under the chapel of William and Mary College
Religion: Bishop Episcopal Church
Father: John Madison b: ABT 1728 in Virginia
Mother: Agatha Strother b: ABT 1728 in Virginia
Marriage 1 Sarah Tate b: ABT 1752 in Williamsburg, James City Co.,
Virginia Married: 27 APR 1779 in Williamsburg, Virginia
Children 1. Susan Randolph Madison b: 1787 in Williamsburg, James City
Co., Virginia
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