Albemarle County Court Decision in Jefferson v. Michie
|vs||Upon a bill in chancery to perpetuate testamoney|
This cause came on [to]1 be heard2 this fourth day of November 1813 On the bill answer, plea set down for argument and exhibits, and the arguments of council being heard & mature consideration had thereon, It is adjudged ordered and decreed by the court3 that the defendants plea be overruled, and that commissions be and are hereby awarded the complainant to take the depositions de bene esse of the several witnesses as prayed for in his bill, which when taken in pursuence of said commission on reasonable notice to the defendant shall be filed and preserved among the records of this court in perpetuam rei memoriam of the subject matter in the complainants bill contained and to be used in any future controversey touching said subject matter between the complainant and the defendant and any person claiming under them or either of them And it is further adjudged ordered and decreed by the court that the complainant pay to the defendant his costs by him herein expended
MS (Albemarle Co. Order Book [1813–15], 267); in Alexander Garrett’s hand; at head of p. 264 and applying to this entry: “At A court of Quarterly Sessions continued and held for the county of Albemarle the 4th day of November 1813 Present } James Old Charles Wingfield John Watson & Joshua Key } Justices.” Tr (ViU: TJP-LBJM); in George Carr’s hand.
de bene esse: “in anticipation of a future need”; in perpetuam rei memoriam: “in perpetual memory of a matter” (Black’s Law Dictionary description begins Bryan A. Garner and others, eds., Black’s Law Dictionary, 7th ed., 1999 description ends ).
1. Omitted word editorially supplied.
2. Preceeding three words not in Tr.
3. Preceeding three words not in Tr.
- Albemarle County Court, Va. search
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