1838: John C Cummins v John Cooper & wife
Index Id: 1838-024; Original Case Id: None
County: Fauquier
Scanned Images: Yes (17)
Case Filed: 1837?; Case Settled: 1838

Case Summary:

John C CUMMINS, executor of Sarah Combs deceased, petitioned the court to obtain an injunction against John COOPER and his wife Sarah from proceeding with a trust agreement. Sarah Cooper was a daughter of John Combs decd and his wife Sarah [LUTTREL] Combs decd. This trust agreement suggests that John Cooper was doing exactly what his mother-in-law Sarah feared he would do with any legacy she left to her daughter which was why she wanted it placed in the hands of John C Cummins for the benefit of her daughter Sarah. See Sarah Combs will in Fauquier Co, VA records. Cummins states that Cooper was indebted to the estate of Sarah Combs deceased.

Case File Inventory:

p. 1 Cover Folder
p. 2-4 Indenture of trust dated 22 Dec 1835 between John COOPER and Sarah COOPER his wife of Fauquier Co. of one part and Richard G TRULLOSS of the same viscinity [sic] of the other….whereas John Cooper is indebted to Mr. Rodham Trulloss in a sum of about $30 and indebted to Wm A Thompson for $300 and whereas suit is instituted by John C Cummins executor of Sarah Combs deceased against said John Cooper…the said Wm A Thompson having stipulated to enter bail for said Cooper…for $1 from Richard G Trulloss…John Cooper and Sarah Cooper sell one Negro girl Mary, three horses and gear, 3 feather beds and their furniture, one bureau, two chests, one lot of land in Fauquier near Stafford line called Cooper town containing between 20 and 30 acres and all interest which he and his wife have in and to the estate of John Combs and Sarah Combs his wife either in law or equity…[object to secure bail and debt]…on following conditions all property to remain in possession of John Cooper for his use but none can be removed from the county. If John pays his debt to Trulloss and Thompson and his bail is released then the trust agreement shall end. If not then property is to be sold to the highest bidder…signed John Cooper (Seal), Sarah x Cooper (Seal), and Richard G Trulloss (Seal).
p. 5 Backside of trust
p. 6 Summons to defendants dated 12 May 1837 which copy was left at Sarah Cooper’s house on 13 June 1837.
p. 8 Report of John C Cummins executor
p. 10 Bond by John C Cummins and Wm P Phillips to defendants for $660 dated 26 June 1837 for the injunction granted plaintiff to restrain defendants with proceeding with the trust.
p. 12-15 Bill of complainant John C Cummins executor of Sally Combs decd [very light]. States John Cooper is indebted to the estate for $73.77 which interest from the 2nd day of April 1824…when Cooper was served he proceeded to make a deed of trust…says Rodham is an infant…asks that Truloss and Thompson be made defendants to this bill…dated 3 June 1837.
p. 16 Notice of Injunction dated 1837. Copy with defendants. 7 July 1837.

(Source: John C Cummins v John Cooper & wife, Library of Virginia Archives, Chancery Court Index: Fauquier County, original images from case file, abstracted, transcribed, and submitted by Sue Elfving)