Burress & Palmer Genealogy

Southwest Virginia & Stokes County, NC

 

Peter Via

Male 1847 -


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Generation: 1

  1. 1.  Peter Via was born in 1847 in Franklin County, Virginia, USA (son of Peter Via and Nancy Justice).

    Other Events:

    • Census 1850: 1850, Franklin, Virginia, USA


Generation: 2

  1. 2.  Peter Via was born in 1813 in Franklin County, Virginia, USA (son of Josiah Via and Rachel Hale); died on 9 Oct 1854 in Franklin County, Virginia, USA.

    Other Events:

    • Census 1840: 1840, Franklin, Virginia, USA; Engaged in Agriculture
    • Census 1850: 1850, Franklin, Virginia, USA; Peter is listed as John Jr. in the census, but this is obviously an error. Looks like John Via Sr. was a neighbor, perhaps the census taker assumed he was John's son.

    Notes:

    Died:
    Newspaper October 12, 1854 The Daily Dispatch, Richmond Virginia PARRICIDE-- A man named Peter VIA was killed a few days ago in Franklin County, by his son, Wm. VIA

    Peter married Nancy Justice on 4 Aug 1845 in Franklin County, Virginia, USA. Nancy (daughter of James Justice and Elizabeth) was born in Nov 1824 in Franklin County, Virginia, USA; died on 1 Jun 1910 in Patrick, Virginia, USA. [Group Sheet] [Family Chart]


  2. 3.  Nancy Justice was born in Nov 1824 in Franklin County, Virginia, USA (daughter of James Justice and Elizabeth); died on 1 Jun 1910 in Patrick, Virginia, USA.

    Other Events:

    • Census 1850: 1850, Franklin, Virginia, USA

    Children:
    1. Sparrel Via was born in 1846 in Franklin County, Virginia, USA.
    2. 1. Peter Via was born in 1847 in Franklin County, Virginia, USA.
    3. Sally Via was born in 1850 in Franklin County, Virginia, USA.


Generation: 3

  1. 4.  Josiah Via was born in 1775 in Franklin County, Virginia, USA (son of David Via Sr. and Elizabeth Martin); died in 1851-1859 in Franklin County, Virginia, USA.

    Other Events:

    • Census 1810: 1810, Franklin, Virginia, USA
    • Census 1820: 1820, Franklin, Virginia, USA
    • Deed: 30 May 1823, Franklin County, Virginia, USA; David Via deed to Josiah Via, 55 acres West side of Runet Bag Creek.
    • Tax: 1813-1826, Franklin County, Virginia, USA; 150 acres on Shooting Creek listed on tax records from 1813 to 1826
    • Tax List: 1827, Franklin County, Virginia; Josias Via 50 acres Turkey Cock Creek 22SW 300 acres Turkey Cock Creek 22SW 150 acres Shooting Creek
    • Census 1830: 1830, Franklin, Virginia, USA
    • Tax List: 1828-1832, Franklin County, Virginia; Josias Via 50 acres Turkey Cock Creek 22SW 300 acres Turkey Cock Creek 22SW 150 acres Shooting Creek 166 acres Shooting Creek
    • Deed: 2 Feb 1833, Franklin County, Virginia, USA; Josiah Via of the County of Franklin and state of Virginia of the one part and James Via of the same County and State 50 acres on the Waters of Runnet Bag Creek.
    • Deed: 4 Nov 1833, Franklin County, Virginia, USA; David, Josiah, Richard and James Via to James Canaday disposing of estate of father, David on the Waters of Runnet Bag Creek
    • Deed: 11 Dec 1834, Franklin County, Virginia, USA; Josia Vis to Isaac Via both of Franklin, for $300 land lying on Turkey Cock Creek on the waters of Smiths River containing Three Hundred acres
    • Deed: 13 Jan 1838, Franklin County, Virginia, USA; Geroge Whorley to Josiah Via both of Franklin, for $200 2 tracks of land lying on the waters of Shooting Creek containing 315 acres.
    • Census 1840: 1840, Franklin, Virginia, USA
    • Census 1850: 1850, Franklin, Virginia, USA

    Notes:

    Birth:
    Child of David confirmed by David's Will

    Deed:
    30 May 1823 David Via to Josiah Via DB 10/278

    This Indenture made this 30th day of May in the year of our Lord 1823 between David Via of the County of Franklin and State of Virginia of the one part and Josiah Via of the County and State aforesaid of the other part.

    Witnesseth that for and in consideration of the sum of seven pounds ten shillings to him in hand paid by said Josiah Via the receipt whereof he doth hereby acknowledge, have given, granted, bargained and sold & by these presents doth give grant deliver and confirm unto the saidd Josiah Via a certain tract or parcel of land containing fifty acres be the same more or less situate being and lying in Franklin County on the West side of Runet Bagg Creek between said David Via and John Heard and bounded as followeth to wit:

    Begining at Peeks corner white oak, thence new line 113 poles to a white oak on land branch in James Canaday's line thence with his line 42 poles to Herds corner red oak thence with his line 40 poles to a Spanish oak, thence 38 poles to a red oak, thence twenty poles to said David Via old line, and with it to the Beginning.

    To have & to hold the said land with all its appurtenances unto the said Josiah Via his heirs and assigns forever, the said David Via doth warrant and for ever defend the said land from the claim or claims of all persons unto the said Josiah Via and to his heirs forever.

    In Witness whereof the said David Via have hereunto set his hand and affixed his seal. David Via

    Test Thos Hale Phebe Via Frances Via

    At the Clerks Office of Franklin County the 2nd day of June 1823 This Indenture of bargain and sale between David Via of the one part, and Josiah Via of the other part was acknowledged by the said David Via and admitted to record.

    Teste Caleb Tate C.F.C.

    Deed:
    2 Feb 1833 Josiah Via to James Via DB 13/458

    This Indenture made and entered into the second day of February in the year of our Lord, one thousand eight hundred and thirty three between Josiah Via of the County of Franklin and state of Virginia of the one part and James Via of the same County and State of the other part.

    Witnesseth that the said Josiah Via for and in consideration of the sum of fifty dollars to him in hand paid by the said James Via the receipt whereof is hereby acknowledged by the said Josiah Via have granted bargained sold and delivered and by these presents do grant bargain sell and deliver unto him the said James Via & his heirs forever one certain tract or parcel of land lying and being in the County of Franklin and State of Virginia on the waters of Runnet bag Creek containing by estimation fifty acres be the same more or less and bounded as follows to wit.

    Beginning at a corner White oak on James Canadays land thence new line 113 poles to a white oak crossing the land branch in said James Canadays line thence with his line 42 poles to said Canadays corner red oak thence with said line 40 poles to a Spanish oak thence 38 poles to a red oak thence 20 poles to the late David Via's line and with it to the beginning.

    To have and to hold the said land with all its appurtenances to him the said James Via in an indefeasible fee simple estate and the said Josiah Via doth further agree to warrant and for ever defend the right and title of the above described land to him the said James Via and his heirs forever against the claim or claims of any person or persons, whatsoever.

    In Witness where of the said Josiah Via has hereunto set his hand and affixed his seal this day and date above written. Josiah Via (his mark)At a Court held for Franklin County at the Courthouse the 4th day of February 1833 This Indenture of bargain and sale between Josiah via of the one part and James Via of the other part was acknowledged by the said Josiah Via and ordered to be recorded.

    Teste Caleb Tate CFC

    Deed:
    4 Nov 1833 David, Josiah, Richard and James Via to James Canaday DB 14/15-16

    This Indenture made and entered into this 4th day of November in the year of our Lord one thousand eight hundred and thirty three between David Via of the County of Clay and State Kentucky, Josiah Via of the County of Franklin and State of Virginia, Richard Via of the County of Patrick and State of Virginia, and James Via of the County of Franklin and State of Virginia, of the one part and James Canaday of the County of Franklin and State of Virginia of the other part.

    Witnesseth, that the said David, Josiah, Richard and James Via, for and in the consideration of the Sum of One hundred and Sixty dollars to them in hand paid by the said James Canaday, the receipt whereof is hereby acknowledged, have given, granted, bargained and sold, and by these presents do give, grant, bargain, Sell and deliver, unto the said James Canaday, all the right, title, interest and claim in the real estate of David Via Sr. dec'd (Save one and a half fifths belonging to the said James Via) the said interest in the real estate as devised by the Will of the said David Via Senr dec'd, to the said David, Josiah, Richard, and James his Sons, the said real estate lying and being in the County of Franklin aforesaid, on the Waters of Runnet Bag Creek.

    To have and to hold the said right, title, interest and claim, in and to the said real estate of the sd David Via Senr dec'd to him the said James Canaday his heirs and assigns forever free from them the said David, Josiah, Richard and James Via, their heirs executors and administrators, and the said David, Josiah, Richard and James Via, doth for themselves their heirs, executors and administrators covenant and agree to and with the said James Canaday his heirs &c to Warrant and defend a good and lawful title to the interest aforesaid unto him the said James Canaday his heirs &c against all other claims or demands of any person or persons whomsoever.

    In testimony whereof the said David, Josiah, Richard, and James Via, have hereunto Set their hands and affixed their seals the day and year first within Written.

    David Via (his mark)
    Josiah Via (his mark)
    Richard Via (his mark)
    James Via (his mark)
    Test. Peter Canaday Isaac Canaday William Martin (his mark) Chesley Rakes (his mark) Henry B. Johnson James B. Canaday

    At a Court held for Franklin County the 2nd day of June 1834 This Indenture of bargain and Sale between David Via, Josiah Via, Richard Via and James Via of the one part and James Canaday of the other part was proved by the oaths of Peter Canaday, Isaac Canaday and William Martin three of the Subscribing Witnesses hereto and ordered to be recorded.

    Teste Caleb Tate C.F.C.

    Deed:
    This Indenture made this 11th day of December in the year 1834 between Josias Via of the County of Franklin and State of Virginia of the one part and Isaac Via of same county and State aforesaid of the other part.

    Witnesseth that the said Josias Via for and in consideration of the sum of three Hundred Dollars to him in hand paid by the said Via the receipt whereof he doth hereby acknowledge have granted Bargained and sold an by these presents doth grant Bargain and Sell unto the said Isaac Via his heirs or assigns forever a certain tract or parcel of land lying and being in the county of Franklin on Turkey Cock Creek on the waters of Smiths River containing Three Hundred acres be the same more or less and him the said William Austins land assigned and patterned the name of William Austin of Two Hundred and Seventy Seven acres patterned the 22nd day of August 1797 and also the same Deeded from Richard Massey to said William Austin of Two Hundred acres the 5th of September 179_ reducing one Hundred acres sold.

    To also Seventy acres sold William Morris Seven acres sold John Arrington which was sold by the said David Austin and not intended to be conveyed by this Indenture to have and to hold the above granted land and premises and all appurtenances belonging thereto the said Isaac Via his heirs and assigns and the said Josias Via for himself and his heirs executors administrators or assigns doth covenant and agree to and with the said Isaac Via his heirs and assign the aforesaid land and premises in fee Simple State and the Land.

    Josias Via his heirs and assigns do well and forever defend the above Land and premises unto the said Isaac Via or his heirs and assigns from the claim of himself and his heirs and every other persons claiming either in love or equity.

    In witness where of the said Josias Via have hereunto set his hand and affixed his seal the day date above written.


    Josias Via (his mark)

    Assigned Sealed and delivered in the presents of us Edward Cockram Richard Whitlock Brice Cockram Sparrel H. Griffith George Worley Evan Griffith

    In Franklin county clerks office May 3rd 1838 This Indenture of bargain and sale between Josias Via of the one part and Isaac Via of the other part was proved by the oath of Sparrel H. Griffith, George Worley and Evan Griffith three of the subscribing witnesses hereto and admitted to record.

    Deed:
    This Indenture made this 13th day of January in the year of our Lord 1838 Between Josiah Via of the County of Franklin and State of Virginia of the one part and George Whorley of the same county and State aforesaid of the other part Witnesseth that the said Josiah Via for and in consideration of the some of Two Hundred Dollars current money of Virginia in hand paid by the said George Whorley the receipt whereof he the said Josiah Via doth acknowledge have bargained and Sold and by these presents doth grant bargain & Sell unto the said George Whorley Two certain Tracks or parcels of land lying in the county of Franklin on the waters of Shooting Creek containing three Hundred & fifteen acres be the same more or less first being Track of One Hundred & fifty acres and Bounded as followeth (to wit)

    Beginning at Richard Wood corner white Walnut tree on Shooting Creek & down the same as it meanders to mahogany thence new line So 76 E26 poles crossing the creek to chestnut tree No 45 E36 poles to chestnut tree & thence new line to __ on the creek thence up the creek South fifth West 58 poles to Sycamore thence off No 32 W26 poles to poplar thence new line So 66 W8 poles to a red oak in Peter Saunders line North 85 W30 poles to pointers thence West course straight line to a corner Spanish thence So E straight line to poplar & thence South straight line to the Beginning Walnut on the creek.

    Also one other Tract containing one hundred & Sixty Six Acres more or less.

    Beginning at two Lymons in John Mannings line on the Creek with it N 55 E22 poles to two __ on branch down the same as it meanders to the creek & down the same as it meanders to a Sycamore on the said Creek thence So 64 poles to a cucumber and chestnut So 72 W32 poles to three Dogwoods No 64 W20 poles to chestnut oak No 26 W66 poles to a Dogwood No 36 W64 poles to a Spanish oak No 68 W58 poles to a Spanish oak No 24 W26 poles to a poplar No 61 W52 poles to a Spanish oak No 86 W60 poles to a __ S 77 W70 poles to the Beginning.

    To Have and to hold with all appurtenances privileges and every part an parcel thereof and the said Josiah Via doth covenant & agree to and with the said George Whorley that he the said Josiah Via the above granted land and premises in fee Simple Estate unto the said George Whorley and his heirs from the claim or demand of him or his heirs or any other person will Warrant & defend in Witness whereof the said Josiah Via have hereunto set his hand & affixed his Seal this day and year first above Written.

    Josiah Via (his mark)

    Signed & Delivered Attest Sparrel H. Griffith Isaac Via Evan Griffith

    In Franklin County Clerks Office, May 3rd 1838 This Indenture of bargain and Sale between Josiah Via of the one part and George Whorley of the other part was proved by the oaths of Sparrel H Griffith, Isaac Via and Evan Griffith the subscribing witnesses hereto and admitted to record.

    Teste Caleb Tate CFC (Franklin Co., Virginia)

    Died:
    Burial in Radford Cemetery, Floyd, Virginia

    Josiah married Rachel Hale on 2 Jan 1801 in Franklin County, Virginia, USA. Rachel (daughter of Benjamin Hale Sr. and ?) was born in 1782 in Franklin County, Virginia, USA; died in 1845 in Virginia, United States. [Group Sheet] [Family Chart]


  2. 5.  Rachel Hale was born in 1782 in Franklin County, Virginia, USA (daughter of Benjamin Hale Sr. and ?); died in 1845 in Virginia, United States.

    Notes:

    Died:
    In 1840 census, not in the 1850 census

    Notes:

    Married:
    31 Dec 1800 Josias Viar to Rachel Hale

    Mr James Callaway. Please to grant Josias Viar Lisens for to marry my Daughter Rachel Hail and in so doing you will oblige your friend Benjamin Hail.

    Mr James Callaway Teste John Viar Benjamin Hail John Hail

    Know all men by these presents that We Josias Viar and John Viar are held and firmly bound unto James Manson Esq. Governor or Chief Magistrate of the State of Virginia in the Sum of One hundred & fifty Dollars to which payment well and truly to be made We bind Ourselves and each of us, Our & each of our Heirs Executors and Admrs Jointly and Severally firmly by these Presents Sealed with Our Seals & Dated this 2d Day of January 1800 {the date on the bond below should probably be 1801}

    The Condition of this Obligation is Such that Whereas there is a marriage Shortly intended to be had & solemnized between the above bound Josias Viar & Rachel Hale now if there Shall be no lawful cause to Obstruct said marriage then this Obligation to be Void else remain in force. Josias Viar John Viar

    Children:
    1. Judith Via was born in 1802 in Franklin County, Virginia, USA.
    2. Anderson Via was born in 1804 in Franklin County, Virginia, USA.
    3. Samuel James Via was born in Jul 1806 in Franklin County, Virginia, USA; died after 1880 in Dickenson County, Virginia.
    4. James Via was born in 1807 in Franklin County, Virginia, USA.
    5. Isaac Via was born on 9 Dec 1809 in Patrick, Virginia, USA; died on 14 Apr 1885 in Franklin County, Virginia, USA.
    6. 2. Peter Via was born in 1813 in Franklin County, Virginia, USA; died on 9 Oct 1854 in Franklin County, Virginia, USA.
    7. Mary "Polly" H. Via was born in 1814 in Franklin County, Virginia, USA; died on 1 Jun 1880 in Amherst County, Virginia.
    8. Josiah Cyrus Via was born in 1819 in Franklin County, Virginia, USA; died in 1863 in Chickamauga, Tennessee, USA.

  3. 6.  James Justice

    James married Elizabeth. [Group Sheet] [Family Chart]


  4. 7.  Elizabeth
    Children:
    1. 3. Nancy Justice was born in Nov 1824 in Franklin County, Virginia, USA; died on 1 Jun 1910 in Patrick, Virginia, USA.


Generation: 4

  1. 8.  David Via Sr. was born in 1738 in Albemarle County, Virginia (son of John Via Sr. and Mary (Powhatan?)); died in Jun 1832 in Franklin County, Virginia, USA.

    Other Events:

    • Witness: 30 Sep 1762, Albemarle County, Virginia; Witness to will of David CourseyAlbemarle Wills 3/251
    • Tax List: 1773-1774, Buckingham County, Virginia, USA; 1773 David Via 0 tythes1774 David Via 3 tythes
    • Mirgration: 1774, Amherst County, Virginia; Mirgrated to Amherst County around this time.
    • War: 5 Feb 1776, Amherst County, Virginia; David Via (Viar, Viah) enlised for a term of two years. He was a private in Capt. David Stephenson's Co. of the 8th Virginia Regt. of Foot, Commanded by Col. Abraham Bowman. --Amherst Co. Va in the Revolution by Lenora H. Sweeny (1951)
    • Military: 14 Jan 1781, Amherst County, Virginia; David Via served in Captain William Tucker's company of Militia of Amherst Co., Virginia January 14, 1781. Discharged March - served 72 days.
    • Deed: 15 Nov 1796, Franklin County, Virginia; Deed from Samuel Underwood to David Vier, 265 acres, Franklin Co. VA situated both sides of Runnett Bagg Creek Joining Peeks and Viers line
    • PP Tax List : 1782-1797, Amherst County, Virginia; 1782 1 tithe, 3 cattle1787 1 horse, 3 cattle; 1788 1 horse; 1789 1 tithe, 1 carriage; 1790 1 tithe, 1 carr; 1791 3 tithe, 2 horses; 1792 2 tithe, 3 horses; 1793 1 tithe, 3 horses; 1795 2 tithe, 3 horses; 1796 2 tithe, 2 horses; 1797 1 tithe, 2 horses
    • Deed: 18 Sep 1797, Amherst County, Virginia; Deed from David & Elizabeth Via to Thomas Spradling, all of Amherst, 79-1/2 acres, part of a tract left to David by father, John.
    • Deed: 29 Mar 1798, Franklin County, Virginia, USA; John Peek to David Vier, 50 acres for seven pounds ten Shillings ... Lying and being in the County of Franklin & on the west side of R. Bagg Creek between sd Peek & John Vier Jr.
    • PP Tax List : 1798 - 1821, Franklin County, Virginia, USA; Can be found in the Personal Property Tax List from 1798 til 1821
    • Deed: 30 May 1823, Franklin County, Virginia, USA; David Via deed to Josiah Via, 55 acresfifty acres be the same more or less situate being and lying in Franklin County on the West side of Runet Bagg Creek between sd David Via and John Heard
    • Will: 19 Sep 1824, Franklin County, Virginia, USA; Will of David Via of Franklin Co. VAidentifies children as James, Richard, Josiah, David, Judy, Sucky, Phebe
    • Deed: 6 Nov 1830, Franklin County, Virginia, USA; DB 13/260? Sale of land, 25 Acres from David Via to James Cannaday
    • Will: 2 Jul 1832, Franklin County, Virginia, USA; At a Court held for Franklin Co at the Courthouse the 2nd day of July 1832 This last will & Testament of David Via was produced in Court & proved by the oath of James Canaday & Francis Hale two of the Subscribing Witnesses hereto & ordered to be recorded.

    Notes:

    Deed:
    This Indenture made this fifteenth day of November one thousand seven hundred and ninety six between Samuel Underwood Senr and David Vier both of the County of Franklin

    Witnesseth that the said Samuel Underwood Senr for and in consideration of the Sum of thirty pounds Property to him paid by the sd David Vier the Receipt Whereof he doth hereby Acknowledge have Given granted Bargained and Sold & by these presents do give grant alien enoff & confirm unto the said David Vier a Certain tract or parcel of Land Containing two hundred and Sixty five acres be the same more or less, Situate, Lying and being in the County of Franklin on both sides of Runnett Bagg Creek Joining Peeks and Viers line and bounded as followeth to wit

    Begining at a Poplar in Peeks line thence a new line No 40 degrees East 60 poles to a white oak N11 degrees E 44 poles to a white oak N 76 E 47 poles to a Red Oak N 56 E 55 poles to a white oak in John Smiths line and with it N 70 E 76 poles to a poplar on a Branch thence down the Same as it meanders to a dogwood in John Viers line & with it N 38 W68 poles to a Gum thence along an old Division Line between sd Vier & David Viar partly West Crossing R Bagg Creek to the mouth of a branch thence up the Same as it meanders to the Point of a Ridge and Still up the same Ridge to Peeks Spanish oak Corner and thence with his line as it meanders Crossing said Creek to the first Station to have and to hold the said tract or parcel of Land together with the appurtenances unto the said David Vier his heirs and assigns forever and the said Samuel Underwood Senr doth further warrant and forever defend the said tract or Parcel of Land against the claim or dem'd of all persons unto the said David Vier his heirs and assigns forever in fee Simple

    In Witness whereof the said Samuel Underwood Senr have hereunto set his hand and Seal the day and Year first above written. Samuel Underwood In presence of John Peek John Vier Josias Vier Franklin April Court 1797 The within Indenture was acknowledged by the within named Samuel Underwood to be his Respective act and Deed and the Same was ordered to be Recorded by the Court. Test James Callaway CFC

    Died:
    Will probated July 2At a Court held for Franklin Co at the 2nd day of July 1832 This last will & Test of David Via was produced in Court & proved by the oath of James Canaday & Francis Hale 2 of the Subscribing Witnesses hereto & ordered to be recorded

    David married Elizabeth Martin. Elizabeth was born in 1740 in Franklin County, Virginia, USA; died in 1836 in Franklin County, Virginia, USA. [Group Sheet] [Family Chart]


  2. 9.  Elizabeth Martin was born in 1740 in Franklin County, Virginia, USA; died in 1836 in Franklin County, Virginia, USA.
    Children:
    1. 4. Josiah Via was born in 1775 in Franklin County, Virginia, USA; died in 1851-1859 in Franklin County, Virginia, USA.
    2. Indy Viers
    3. David Via Jr. was born in 1780 in Franklin County, Virginia, USA; died in 1842 in Clay County, Kentucky.
    4. James Via was born in 1784 in Franklin County, Virginia, USA; died on 01 Jan 1876 in Franklin County, Virginia, USA.
    5. Judith "Judy" Via was born in 1802 in Franklin County, Virginia, USA.
    6. Phoebe Via was born in in Virginia, United States.
    7. Richard Via was born in 1788 in Franklin County, Virginia, USA; died on 12 Sep 1874 in Virginia.
    8. Suckey Via was born in in Virginia, United States.

  3. 10.  Benjamin Hale Sr.Benjamin Hale Sr. was born in 1750 in Virginia, United States (son of John Hale); died after 1800 in Virginia or Kentucky?.

    Other Events:

    • Land Survey: 6 Dec 1783, Henry, Virginia, United States; 190 acres on the north side of the South Fork of Pigg River.
    • Tax List: 1784 & 1785, Henry, Virginia, United States; 1st tax record found for Benjamin Hale in this general area of VA, and is the only Hale on the list. He is 21+ 1 horse 2 cattle. This area where he lives becomes Franklin Co in 1786
    • Petition: 27 Oct 1785, Henry County, Virginia; Signs petition to create Franklin County
    • Tax List: 1786, Franklin County, Virginia, USA; 1 Horse / 6 head of cattle
    • Tax List: 1787, Franklin County, Virginia, USA; 1 male between 16-21, 3 horses, 9 heads of cattle.
    • Complaint: 7 Mar 1787, Franklin County, Virginia, USA; (Which Ben Hale is this? There were a number in Franklin Co at this time.) Aliannah Hill, daughter of Thomas Hill, files a complaint against Benjamin Hale "for an insult offered her on the highway." The Franklin Co Court ordered Hale to put up a 25 pound bond to guarantee his appearance before the next grand jury, which met on 7 May. He was indicted & filed another bond for 10 pounds against his appearance at the Aug meeting of the county court. On 9 Aug the case was heard & Aliannah Hill was awarded an unspecified judgement against Hale.
    • Deed: 17 June 1790, Franklin County, Virginia, USA; Bk 2 p 201: John Smith of Franklin Co conveys to Benj Hale of same, for 25 pounds, 100 acres on Little Otter Ck being part of his 300 acre survey...bounded by Daniel Hixson, Daniel Smith, the creek....
    • Deed: 4 Feb 1791, Franklin County, Virginia, USA; Bk 2 p 185: Robert & Wm Mavity of Franklin Co convey to Benjamin Hale of same, for 7 pounds, 95 acres .... on the branches of Little Otter Creek, Witnesses Richard Jones, Benjamin Smith, James Ward, Samuel Hairston, John Bramer, Thomas Prunty.
    • Deed: 27 Jan 1792, Franklin County, Virginia, USA; Book 2 p 402: Benjamin Hale conveys to Peter Young 190 acres on south side of Pigg River, being one entire tract Witnesses: David Barton, Joshua Barton, Jesse More
    • Deed Mention: 10 Feb 1795, Franklin County, Virginia, USA; Deed bet. Geo Reel & John James (West side Otter Creek) "up said branchin Hixon & James lines near road; Ben Hales line, crossing a branch..."
    • Deed: 4 Apr 1797, Franklin County, Virginia, USA; Book 3 p 412 Benjamin Hale conveys to Samuel Harrison 100 acres on Little Otter Creek.
    • Tax List: 1798, Franklin County, Virginia, USA; Last year found on tax lists. Did Benjamin sell his land in 1797 and leave the area? Was he old enough to be exempt from Tax lists (probably not). So, he either died or moved.

    Notes:

    Ben is most likely a grandson of Nicholas Hale given he migrated in the same path and owned land in the same area of Pigg River as Joseph P. Hale (his brother?) and these families seemed to have the same naming patterns. John Hale's son Benjamin settled in Franklin County along with brother Joseph, seeming to link my Benjamin as the son of John Hale.

    Land Survey:
    Benjamin Hale had a land grant in Henry Co.,VA on 12/6/1783. It was for 190A on the north side of South Fork of the Pigg River, Grants K, p 191.

    Petition:
    Petitions of residents of Bedford & Henry Counties, Virginia - In favor of and opposed to a new county (Franklin)

    27 October 1785

    The petition of sundry freeholders and others, inhabitants of Henry County, that your petitioners from the present very extensive boundaries of their county find it extremely inconvenient attending their publick and necessary business, by reason of bad roads, and their remote situation from the court house.... the county as it now stands is on the north line (the nearest bridle way) near 40 miles, on the south about 85, on the east near 40 and on the west about 70 in length...Your petitioners pray that a division of this county may take place by running a line from the Head of Shooting Creek to the west end of Turkey Cock Mountain, thence along the top of the mountain to intersect the dividing line between Pittsylvania Counties, thence along the ling to the mouth of the Black Water River, which part of Henry will contain about 600 tithes. Your petitioners further pray that part of Bedford which lies on the south of Staunton River may be taken off. (Only a partial list of names that are family names; ones I know that are related are starred):

    George Staten*
    George Burris
    Hugh Martin
    John Martin
    Benjamin Hale*
    Thomas Hale*
    Joseph Hale*
    Joseph Hale Jr.*
    Richard Hale
    John Hale
    John Stanton (?)
    Richard Stanton (?)

    Complaint:
    Franklin County, March Court 1787 p. 114

    On the complaint of Aliannah Hill, Daughter of Thomas Hill, against Benjamin Haile for an Insult offered her on the Highway; It is ordered that the said Hail be taken into custody by the Shf of this county, until he gives su'y for his appearance before the next grand jury, in the penalty of 25 pounds and each of his su'ys in the sum of 12.10 pounds and it is further ordered that he be in custody of said Shf until he gives sur'y for the same.

    Whereupon the said Haile came into court and with William Menifee and William Kelly his sur'y ack'd themselves severally indebted to the commonwealth of Virginia, that is to say that said Haile in the afores'd sum of twenty five and his sur'ys in the sum of 12.10 pounds each, to be levied on their respective goods and chattles, lands and tenements, on condition of said Benja. Haile appear at the next grand jury to be held for this county.

    May Court 1787 (p. 126)

    Benjamin Haile came into court and with Thomas Prunty his security, acknowledged himself indebted to the commonwealth in the sum of 10 pounds and the said Prunty in the some of 5 pounds to be levied on their respective goods and chattels, lands and tenements on condition the said Haile shall make his appearance before this court in Aug next to answer as Indictm. Exhibited ag. him by Alianner Hill, Daughter of Thomas Hill.

    Deed:
    Benjamin Hale (Franklin Co.) To Sam'l Hairston (Franklin Co.) 50 cmv. 100a m/1. On Little Otter Creek. CG. Adj: Hixon Corner; Daniel Smith's line; ....Crossing the Creek;.....on said Creek; up the same as it Meanders and across; ..... at the mouth of a branch;....up the branch as it meanders; ......Crossing a branch; Daniel Hixons line; .....crossing a branch. Recorded April 1797 Benjamin Hale

    Benjamin married ?. [Group Sheet] [Family Chart]


  4. 11.  ?
    Children:
    1. Benjamin Hale Jr. was born in 1767 in Lee County, Virginia; died in 1810.
    2. John Hale was born in 1775.
    3. 5. Rachel Hale was born in 1782 in Franklin County, Virginia, USA; died in 1845 in Virginia, United States.
    4. Thomas Hale was born in 1784.




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