Transcript:Lamie Vs Tate, Augusta County, VA High Court, 1805

Lamie (Lemmie) vs. Tate--O. S. 309; N. S. 110--Bill, 1805, in High Court Chancery by Andrew Lemmie or Lamie.

In 1770 or 1771 James Anderson made a settlement on Cove (Cone) Creek branch of North Fork of Holstein, now in Washington County.

Soon afterwards Samuel Lammie or Lamie settled and improved near him and then bought out Anderson.

He continued to live there until 1774, when he was killed by Indians, when orator, Andrew Lemmie or Lamie.] heir-at-law of Samuel, took possession and has lived there ever since.

He obtained a commissioner's certificate and grant for 150 acres. The Loyal Company's survey comprehends this land.

Arthur Campbell claims right by 2 entries, 20th April, 1780, and 1st May, 1780, and by a patent for 180 acres dated 15th September, 1781. Arthur made an inclusive survey of 500 acres.

Arthur has sold to Thos. Tate. Survey of 110 acres 27th May, 1809, by virtue of an order of Council, 16th December, 1773.

Andrew Lammie sold land to his daughter Nellie.

Land office warrant No. 419 to Arthur Campbell, assignee of John Lemmons, 50 acres for military service of Lemmons in war between Great Britain and France, according to King's proclamation of 1763.

Answer of successors of Loyal Company by William Nelson, Jr., 110 acres was surveyed by Loyal Company for Andrew Lamie. 8th September, 1809,

John Shannon deposes, he made a survey adjoining Lammie and has known him 22 years.

8th September, 1809, Nancy Cypher deposes, she came into this country 11-12 years ago this fall.

Wm. Tate deposes, he came to Washington County, 1783.

6th October, 1812, John Lamie deposes, has lived with Andrew ever since Andrew came to the Western waters.

Arthur Campbell answers that Andrew made no lawful settlement because he had no family.

In 1770 Andrew and Samuel Lemmie settled 3 or 4 miles higher up Cove Creek.

In 1774 Samuel was captured by Indians and carried to Canada. Previous to that time the belief prevailed in the new settlement, that single men, by what was called "taking up land," might hold the same, and this taking up was commonly designated by marking trees with the initial letters of the claimant's name, making a few brush heaps near the center of the land, and sometimes a log pen or small cabin.

Andrew Lammie continued on the place during the Revolution and was an avowed adherent to the enemies of the country and spurned the offers of the Commonwealth.

After the Revolution Andrew moved to the place his brother had claimed and settled on it. Arthur says, "The law itself, that gave occupants a privilege to obtain donation lands, was extorted from the Legislature by the representations of a numerous band of emigrants, which the affairs of America at the time, made it good policy to conciliate, although not a few of them were deserters from the danger their eastern brethren were then involved in."

Patent, 10th May, 1783, to Arthur Campbell by virtue military warrant 419 and treasury warrant 5168, and bequest or devise of Charles Campbell to Arthur, 500 acres (Campbell's choice) by inclusive survey 15th September, 1781, in Washington County on North Branch Holston at a place called Margaretta. 180 acres was patented to Charles Campbell, 22d August, 1753.

Patent, 25th July, 1788, to Andrew Lammie, 150 acres by settlement right certificate in Washington County.

Andrew Lammie had a son John.

3d June, 1809, William Hays deposes, in 1769, 1770 or 1771 Samuel Lamie and James Anderson built a house on the land Andrew Lamie now lives on. James sold to Samuel, who was living there in 1774.

James Buchanan deposes, in Wythe County, it is 38 or 39 years since he came to the Cove Country to live, when Samuel Lammie was living on the land Andrew now lives on. About 2 years afterwards Samuel was taken or killed by Indians. Samuel had planted corn there when deponent came, but his old brown mare (man?) eat it all.

Soon, before Samuel was killed, James Fowler had a claim between Samuel and the Clay Lick survey.

Andrew's house was raised a few weeks before we went to the battle of King's Mountain. Deponent and John McFarin carried the chain for survey under the Loyal Company. Andrew Lammie had a son James.

23d September, 1809, James Lamie deposes, in Washington County, in winter or spring 1780, Andrew Lamie with Edward Jones and John Lamie cleared upper part of Samuel's old improvement and shortly afterwards Andrew moved to the land.

In 1781 Arthur Campbell stopped with Andrew over night and was reputed to be a land "mungering at the same time," for it was said he himself was surveyor and had white and black persons chain carriers with a chain, part made of rope and part of leather wood bark, and running as he pleased through other persons' claims, making corners and measuring lines at will. A number of such marks are about the land in controversy.

In 1783 Col. Aaron Lewis was assistant surveyor of Washington County.

Survey, 22d February, 1775, for Andrew Lamie, 110 acres in Fincastle County on Cove Creek by order of Council, 16th December, 1773, part of Loyal Company's grant.

Survey for Arthur Campbell, 500 acres, 15th September, 1781.

16th June, 1809, Isaac Spratt deposes, he was at Andrew Lamie's house in 1775 and helped reap oats.

16th June,1809, Robert Fowler deposes, his brother's claim lay between Lamie's settlement and mouth of Cove Creek and a certificate by settlement was gotten by his brother's wife and William Rogers, who married her. The patent was in the name of John Fowler, heir-at-law of James. John died, infant. He died 1787 or 1788. It is not yet determined who became heir at his death.

John Lammie has purchased the claim of James Fowler, son of John Fowler.

23d June, 1809, John Lammie deposes, in 1770 Samuel Lammie settled on Cove Creek and lived there until 1774, when he was taken by Indians. Andrew took possession and cultivated it 1775, 1776, 1777, 1778, 1779. He employed Hugh Hays to cut house logs and in 1780 he hired Edward Jones and deponent to cut briers.

In 1780 the house was raised and on 25th December, 1780, he moved his family into the house.

Samuel Lammie was never married. Deponent was born 1st October, 9 a. m., 1763.

3d June, 1809, John Spratt deposes, before 1774 he was on the land now occupied by Andrew Lammie and saw the logs cut and soon afterwards saw a cabin put up and Samuel living in it.