Thomas Jefferson Papers

Decision of Virginia Court of Appeals in Peyton v. Henderson, 7 January 1812

Decision of Virginia Court of Appeals in Peyton v. Henderson

Virginia to wit,

  At a Court of Appeals held at the Capitol in Richmond the seventh day of January 1812
Craven Peyton Applt. } upon an appeal from a decree pronounced by the Superior Court of Chancery held in Richmond the eighth day of June 1805
John Henderson  Appee

This day came the appellant, by his counsel, and the appellee being solemnly called, came not, and the Court having maturely Considered the transcript of the record of the decree aforesaid and the arguments of the appellants counsel, is of opinion that there is no error in the said Decree, therefore It is Decreed and Ordered that the same be affirmed.

Which is Ordered to be certified to the said Superior Court of Chancery.1

A Copy,
H, Dance C,C,A

Tr (ViU: TJP, final document [p. 50] in Peyton v. Henderson Court Record [1804–12]); in the hand of Harrison Dance, clerk of the Virginia Court of Appeals. 2d Tr (ViU: TJP-LBJM); entirely in George Carr’s hand; also certified by William W. Hening. 3d Tr (same, p. 41); entirely in Carr’s hand; with subjoined notation that the decree had been certified by Hening on 26 Feb. 1812 as clerk at a session of the Superior Court of Chancery for the Richmond District; on verso of 2d Tr. Enclosed in Dance to TJ, 10 July 1812.

This decision ended legal efforts to overturn John Henderson’s asserted right to run a canal through lands at Milton that TJ had purchased from the Henderson heirs through the agency of Craven Peyton (Peyton to TJ, 6 Aug. 1809, and note; Robert F. Haggard, “Thomas Jefferson v. The Heirs of Bennett Henderson, 1795–1818: A Case Study in Caveat Emptor,” MACH description begins Magazine of Albemarle County History, 1940– (title varies: issued until 1951 as Papers of the Albemarle County Historical Society) description ends 63 [2005]: 1–29).

1Preceding thirteen words omitted in 2d Tr.

Index Entries

  • Dance, Harrison; Va. Court of Appeals clerk search
  • Henderson, John; and Peyton v. Henderson search
  • Henderson case; and Peyton v. Henderson search
  • Hening, William Waller; and Peyton v. Henderson search
  • Peyton, Craven; and Henderson case search
  • Peyton v. Henderson; decision in search
  • Virginia; Court of Appeals search