Person:Augustine Smith (11)

1803: Lewis Ashby & wife v Augustine Smith and wife:

Case Filed: by 1800; Case probably dismissed or amended: 1803 (see 1807-039 for 2nd suit)

Full list of plaintiffs and defendants: Lewis ASHBY and Leannah his wife against Augustine SMITH and Susannah his wife, formerly Susannah DARNALL, Ann FISHBACK widow of Josiah Fishback, John MOREA and Sally his wife, daughter of Josiah Fishback, Charles MONDAY and Mary his wife, Jefse FISHBACK, Rosel THOMAS and Lydia his wife, a daughter of Josiah Fishback, Josiah FISHBACK and John FISHBACK infants under the age of 21 by Jesse Fishback their guardian, Jefsee Fishback and Charles MONDAY administrators of Josiah Fishback deceased and Thomas CLARKE

Case Summary:

There were only 5 images, 2 of which were separate summons, one dated 25 Oct. 1800 and one dated 31 Dec. 1800. There were notations that several of the defendants were not inhabitants of the county. A second suit followed that provided more information.

Notes: Lewis Ashby was the son of Captain John Ashby and his first wife Jane Combs (d/o of Joseph Combs I). These summons document that Lewis Ashby's wife was a DARNALL (see also second suit brought by Lewis Ashby against Ann Fishback which contains papers stating she was the daughter of Jeremiah DARNALL). Case File Inventory:

p. 2 Summons dated 31 Dec. 1800 issued for: Ann J FISHBACK widow of Josiah Fishback, John MOREA and Sally his wife, daughter of Josiah Fishback, Charles MONDAY and Mary his wife, Jefse FISHBACK, Rosel THOMAS and Lydia his wife a daughter of Josiah Fishback, Josiah FISHBACK and John FISHBACK infants under the age of 21 by Jesse Fishback their guardian, Jefsee Fishback and Charles MONDAY administrators of Josiah Fishback deceased and Thomas CLARKE to appear and answer a bill in Chancery against them by Lewis ASHBY and Leannah his wife, formerly Leannah DARNALL .

p. 4 Summons dated 25 Oct. 1800 issued for Augustine SMITH and Susannah his wife formerly Susannah DARNALL,: Ann J FISHBACK widow of Josiah Fishback, John MOREA and Sally his wife, daughter of Josiah Fishback, Charles MONDAY and Mary his wife, Jefse FISHBACK, Rosel THOMAS and Lydia his wife a daughter of Josiah Fishback, Josiah FISHBACK and John FISHBACK infants under the age of 21 by Jesse Fishback their guardian, Jefsee Fishback and Charles MONDAY administrators of Josiah Fishback deceased and Thomas CLARKE to appear and answer a bill in Chancery against them by Lewis ASHBY and Leannah his wife, formerly Leannah DARNALL

(Source: Lewis Ashby & wife v Augustine Smith and wife, 1803-026, Library of Virginia Archives, Chancery Records Index: Fauquier Co., original images from case file, abstracted and submitted by Sue Elfving)

1780 Dec. 30, Augustin Smith md. Susanna Darnall, Fauquier Co., VA. (Early Fauquier County Marriage Bonds)

The case of Smith vs. Darnall's Executors, Fauquier County, Virginia, Chancery Court, Papers terminating February 1802, which The Darnall, Darnell Family stated included the following Bill in Chancery by Augustine Smith: "Augustine Smith of Fauquier County sayeth in 1781 he served in the Virginia Militia and became entitled for his said service to a certificate -8:10:0, and being anxious to become an adventurer in Kentucky lands mentioned same to Jeremiah Darnall, now deceased, and he said Jeremiah Darnall proposed to assist him in locating the said land thru Major James Wright who was then about to go to Kentucky for the purpose of locating lands, . . . . but being so nearly connected with the said Jeremiah as to have married his daughter and being also connected by marriage to the said James Wright . . . ."

On May 22, 1797, at Fauquier County, Virginia, Chancery Court Loose Papers, File Folder 1/15, James Wright filed his answer to the complaint in Smith v. Darnall as follows: "The Answer of James Wright Exr of Jeremiah Darnall to the bill of Complt by Augustine Smith Complt . . . . This Defendnt knows it to be true that the sd Jeremiah Died possessed of the Quantity of Kentucky land stated in the Complts bill and he believes it to be the whole he did own This Defendt recollects that in the year 1783 when he made known his Intention of visiting Kentuckey for the purpose of locating & surveying lands that the sd Jeremiah applied to him to know if he procured a warrant whether this Defendt would locate & survey it and that on this Defendts giving his assent he shortly after procured a warrant for the amount stated in the Complts bill This Defendt located the same & surveyed the lands without making any charge for his services or trouble, demaning no more than his expences & costs which was paid by said Jeremiah. Had this Defendt known that the land was for the Complt, he does not think he should have done the business on the same terms The sd Jeremiah was a half brother of this Defendt & therefore he was induced to ask of him no more than his expences . . . ."

Augustine Smith of Fauquier Co., VA, married Susannah Darnall. He died in Fauquier Co., VA, in 1831.

Children: Mary Muse Smith m. Jeremiah Darnall; Nancy Smith m. Dudley Bayliss; Joseph d. Smith m. Mary Lyons; Thompson Smith m. Polly James; Darnall Smith m. Jane Brady; Marhall Smith m. Mary Ann Smith; Wilford A. Smith m. Elizabeth George; Louisa Ann Smith m. Charles B. Smith. All marriages to place in Fauquier Co., VA.

Augustine Smith who married Susannah Darnall, died in Fauquier Co., VA in 1831. His will was dated 17 Feb. 1829 and probated 10 Dec. 1831 (W.B. 12, page 219). His daughter MARY was Mary Muse Smith b. 1781/1782 m. 1798 her first cousin, Jeremiah Darnall, bond 9 Feb. 1798, with Augustine Smith giving his consent.

Fauquier Co: 17 Feb 1829, 10 Dec 1831, Desired to be buried in the 1/2 acres of common family burying ground & to be allowed to be used by his family members, All debts of my children & son-in-law are forgiven. Grandson: Augustine Darnell (son of Thompson) to receive my watch & 100 at the age of 21 years, Granddaughter: Louisa Ann Smith (daughter of Charles) to receive $100 at the age of 21 years, Son: Marshall to receive a desk, Son: Wilford A. Smith to have the rest of my estate, Exrs; Wilford A. Smith, son & David James, friend, Wit: Aldridge James, Edward Boteler & Walter Williams; Book 12, 219