Chancery Suit – Martha A. (Preas) Thornhill Vs George Preas & others 1910-1911

                                Many Chancery Suits are listed in the Digital Records of the Library of Virginia web site.

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The purpose of this Chancery Suit filed by Martha A. (Preas) Thornhill was to gain “Clear Title” to the land that she lived on.  This land was once owned by Joseph Preas Sr. and, since his death in 1853, had changed hands several times until, apparently, she purchased the land from William H. Preas but a title was never written.  She has to go through this process so the Court can decree that Martha (Preas) Thornhill does, indeed, hold true and clear title to the land that she claims is hers. To do this, Martha had to sue all the “Heirs” of Joseph Preas (Sr.) so that any who might object to her claim on the land could come forth and explain why she should not have title to it.

On 17 October 1910, Martha A. (Preas) Thornhill filed suit in the Circuit Court of Bedford County, Virginia.  She states the following.

  1. That for the last 30 years, she has been the owner of and possession of land containing 105 acres, 3 rods and 19 poles
  2. She then gives a history of the land owner ship – On May 3, 1795, John Echols willed the land to wife, Mary, and his niece, Rebecca Echols.  The Will was probated 22 June 1795.  On 29 August 1795, Mary & Rebecca Echols allowed Joseph Wright to “make sale of and make a lawful right to a certain tract of land and grist mill in Bedford County, and also make and convey, a right to a parcel of land sold by the said John Echols, deceased, to Geo. Rusher.”   This deed was dated 25 January 1796 and “Joseph Wright acting under said power of attorney, after first reciting that John Echols and wife had sold unto a certain Geo. Rusher a tract of parcel of land lying in Bedford County and had given their title bond therefore; and that said Geo. Rusher had sold the same to Joseph Preas, conveyed to said Joseph Preas a tract of 303 acres, more or less.”

Joseph Preas Sr. died leaving to survive him three sons: Thomas, Joseph, and William – two daughters:  Amy and Nancy – two grandchildren: Joseph James and Mary Ann Tate (children of Betsy Preas Tate) and leaving a Will by which he “devised his home place to his two daughters, Amy and Nancy Preas, expressly excluding his sons.”  She goes on to explain that the 303 acres was not specifically mentioned in the Will and a controversy arose between the heirs of Joseph Preas Sr.

In June of 1854, Amy & Nancy Preas instituted a Suit against the other children and heirs at law of Joseph Preas Sr. and on 14 September 1855, a decree was issued,  “that the deceased, (Joseph Preas, Sr.), died intestate as to the tract of 303 acres of land lying in Bedford County and that the same is liable to distribution among his heirs.”  William H. Preas was appointed a special Commissioner and directed to sell the 303 acres in two or more parcels.  On 6 May 1858, the land was sold to Joseph Preas Jr. in two parcels – 105 acres (being the tract of land now owned by Martha Thornhill) for $264.67 and the other 195 acres for $320.23. 

But Joseph Preas Jr. died in 1860 before complying with the terms of sale.  On 7 May 1870, the Court directed William H. Preas to re-sell of the land. On 6 May 1872, 195 acres were sold to John M. Wright at $3.50 an acre.  John Wright also defaulted on the payment and a rule was awarded for him show cause why the land should not be re-sold.  But, in the meantime, John Wright had re-sold the land to a Mr. Butterworth for $300.00. 

            By decree rendered 12 September 1877, the land was ordered to be re-sold and William H. Preas became the purchaser of the 105 acres at the price of $131.00.  There is no report on record as to the Receiver, L.A. Sale, having collected the purchase money and, under the 5 year rule, the case was stricken from the docket.  There was no record directing L.A. Sale to issue a Deed to W.H. Preas, but Martha Thornhill was informed that W.H. Preas paid the purchase money in full was entitled to a deed for the land.

  1. In 1877 or 1878, William H. Preas sold the tract of 105 acres to Martha (Preas) Thornhill but W.H. Preas died before making her a deed but his heirs conveyed the land to her by the following: “All of that certain lot or parcel of land situated in Bedford County near Stewartsville, containing about 105 acres, be the same more or less, bounded by the land of John Jeter on the Northwest and Jas. Jeter on the South and Southeast; and on the East by the lands of Geo. H. Preas, it being a part of the Amy and Nancy Preas tract”.
  2. Martha also states that she has had uninterrupted and exclusive possession of the land since she purchased it in 1877 or 1878, and that she should be given legal and equitable title to the land.
  3. Martha presents that never has any person asserted claim upon her land since she took control of it in 1877 or 1878, but she had been advised that “by reason of the fact that no conveyance was ever made to W.H. Preas in pursuance of the sale made to him by L.A. Sale, Commissioner, as hereinbefore set out, there is a cloud upon her title which may result in suit being brought against her by the heirs of Joseph Preas, Sr. deceased, for the purpose of ascertaining an interest in said land, and on this account she has been unable to sell said land, and while she believes her title thereto is perfectly valid, still it is not a marketable title and she is hindered and prevented from making a fair sale of said land by reason of the outstanding record title in the heirs at law of Joseph Preas, Sr.”  She felt that a Court of Equity was the only way for the title to be quieted.
  4. Martha states that she has made “diligent effort” to ascertain the names and whereabouts of all the heirs of Joseph Preas Sr. and lists those as follows:

His son, William Preas, left Virginia and went west about 60 years ago and has never been heard from.

His son, Thomas Preas, died many years ago, but she does not know if he left any descendants and, if so, where they might be.

His son, Joseph Preas Jr., died intestate, leaving eleven children as his heirs at law: Charles Wesley, William Edward, James, John Henry, Nathaniel, Robert, George, Sarah Jane, Fannie, Amy, and Martha Preas Thornhill.  Charles Wesley Preas lives in West Virginia.  William Preas died leaving two children – James, who lives in Tennessee, and Mollie, who married Henry Booth, lives in Roanoke County, Virginia.  James Preas died during the Civil War unmarried.  John Henry Preas died intestate leaving to survive him a widow, Eliza Preas, and a number of children, all of whom live in the State of Texas and whose names are unknown.  Nathaniel Preas lives in West Virginia.  Robert Preas lives in the State of Texas.  George Preas lives in Bedford County, Virginia.  Sarah Jane Preas Trent, married William Trent and she died intestate leaving to survive her, her husband and one son, Wm. Trent, both of whom live in the State of Texas.  Fannie Preas McCarty married Bennett McCarty and she has since died leaving to survive her, her husband and a number of children who live in the State of Texas and whose names are unknown except her daughter, Daisy, who married Nathan Crawford and now lives at Troutville, in Botetourt County, Va., and son, Elmer, who lives near Troutville.  Amy Preas Chandler married Ben Chandler and now resides in the State of Texas.

- His daughter, Nancy Preas, died intestate-unmarried and without issue

- His daughter, Amy Preas, married Anannias Meador.  Both are dead, leaving heirs at law: Jubal Monroe, Mary Elizabeth, and Patterson Meador, all of whom live in Bedford County, Va.

- His grandson, Joseph James Tate, died intestate, leaving widow and children, whose names and addresses are unknown.

- His granddaughter, Mary Ann Tate, married Richard St. Clair (now deceased) and she lives in Roanoke City, Va.

Martha then asks the Court to add all “heirs at law” of Joseph Preas Sr. to be included in this Suit for the purpose of showing any reason why she should not have full and clear title to the land.  And, if there was no objection by any of the “heirs at law”, she requests the Court to issue her free and clear title to the land that she has lived on and possessed for so many years.

On 17 October 1910, an article was run in the newspaper for four consecutive weeks notifying the public that this Suit was in progress.  (The original paper clipping has been cut out and added to the file)  It states:

“At rules held in the Clerk’s Office of the Circuit Court of the County of Bedford, on the first Monday in November, 1910. – Martha A. Thornhill, Plaintiff, against George Preas, and others, Defendants –

IN Chancery – the object of this suit is to quiet the title of the Plaintiff to a certain lot or parcel of land situated in Bedford County, Virginia, near Stewartsville, containing about 106 acres, bounded by the land of John Jeter on the the North-west, James Jeter on the South and South-east and on the east by George H. Preas, it being a part of the Amy and Nancy Preas tract and being the same land that was conveyed to the Plaintiff by Thomas P. Preas and others, heirs at law of W. H. Preas, deceased, by deed dated June 24th, 1896, and recorded in the Clerk’s Office of Bedford County, in Deed Book 76, page 531.

            And affidavit having been made and filed that the names and residences of the heirs at law of Joseph Preas, Sr., deceased, who are made parties defendant to said suit as “other parties, heirs at law of Joseph Preas, Sr., deceased, whose names are unknown to the Plaintiff, that the Defendants, James Preas, William Preas, Eliza Preas, Nathaniel Preas, Robert Preas, William Trent SR., William Trent Jr., Bennett McCarty, and Ben Chandler, are non-residents of the State of Virginia, and that due diligence has been used on behalf of the Plaintiff to ascertain in what County or Corporation the Defendants, Jubal Monroe Meador, Mary Elizabeth Meador, and Mollie Booth, are, without effect, it is ordered that they do appear with fifteen days after due publication hereof, and do what may be necessary to protect their interests in this suit.  And it is further ordered that a copy hereof be published once a week for four consecutive weeks in the Bedford Democrat, a newspaper published in the County of Bedford, and that a copy be posted at the front door of the courthouse of this county on or before the 21st day of November, 1910, that being the next succeeding rule day after this order was entered. – A Copy – Teste – S.M. Bolling, clerk.”

On 1 March 1911, the Court issued it’s Final Decree.   It looks as though no one had any objection to Martha’s claim concerning her ownership of the land.  The Court issued the following:

“And it is further adjudged, ordered and decreed that the Plaintiff, Martha A. Thornhill, be forever quieted in her title to the said land and that the Defendants and each of them be and they are hereby perpetually enjoined and restrained from asserting any title or claim thereto, or interest therein as heirs at law of Jos. Preas, Sr. deceased.

            And it is further adjudged, ordered and decreed that the said Defendants do, within ten days from the entry of this decree, execute and

deliver  to the Plaintiff a good and sufficient deed, granting and releasing her all their right, title and interest in and to said land as heirs at law of

the said Jos. Preas, Sr., deceased, and upon their failure so to do, then M.H. Altizer, who is hereby appointed a Special Commissioner for that

purpose, shall execute and deliver to the Plaintiff a good and sufficient deed, conveying to her all the right, title and interest of said Defendants in

and to said land.  And the purposes of this suit having been fully accomplished, it is ordered to be stricken from the docket.”

                                                                                                         

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