I am not related to the Hancher family (that I know of) however found this old Chancery Court record for Frederick County, Virginia where my ancestor Michael CAPPER was involved in a dispute between John Hancher's widow Sarah Caudy Hancher, which gives some family relationships in the Hancher and Caudy families. Thought this might be helpful to your research or to others researching these family lines:
NOTES: Frederick County, Virginia Chancery Court Records of Michael CAPPER vs. Sarah HANCHER contain various documents and Court depositions from 1791 through 1804 in the Chancery Court file regarding the lawsuit filed by Michael Capper against Sarah Hancher, the Administratrix of the estate of John Hancher, dec'd. (Note: Sarah Caudy was the daughter of James Caudy. Sarah Caudy married John Hancher. John Hancher died in 1793 and Sarah his wife was Administratrix of his estate. The issue of the lawsuit was whether Michael Capper owed a debt to James Caudy (Sarah's father) . Sarah Hancher's husband John Hancher "assumed" the alleged debt as owed to him as the husband of Sarah Caudy Hancher after James Caudy died. There were two older documents in this Chancery file dated 1791 and 1792 which were included in the Chancery Court file relating to this issue. These documents were apparently Michael Capper's proof that he paid the debt allegedly owed to to John Hancher. James Caudy died in 1784. John Hancher died in 1793. Michael Capper died in 1804 prior to the resolution of the issues of the lawsuit. The spelling of the surname Hancher varies in the Chancery file from Hansher to Hancher.) :
Novem'r 3rd 1791
Friend Michael Capper please to pay to Thomas Stewart the sum of six pounds Speatia ? or make him satisfaction for the value of four thousand shingles in my behalf as your complying with this my order I will be gratefull to acknowledge a full satisfaction made to you in the settling of our accounts and this order stands in your behalf aginst me on account of the same. John Hansher
January 2nd 1792
Received of Michael Capper the sum of six pounds spatia ? in full who paid to me in behalf of John Hansher on account of Four Thousand Shingles or Tavern Expenses or book debts of any nature whatsoever and this my Receipt shall be said Hanshers acclearance from me on account of the same, given under my hand this day as above. Thomas Stewart
test s : George Write
To the Worshipfull Court of Frederick County now sitting in Chancery, Humbly complaining ?...your Orators Mich'l Capper & George Ruble. That your orator Mich'l Capper some time in the year ?? gave his Bond to a certain James Caudy for the sum of ___that subsequent thereto it was assigned to a certain John Hancher. That after the said assignment the said Mich'l Capper made the ? payments to the said John Hancher in the accounts hereunto annexed which your orator prays that may be made a part of this his Bill of Complaint. That a settlement took place between the said Mich'l Capper and the said Hancher in the presence of a respectable witness. The said Hancher confessed that he had received full satisfaction for the money due on the said Bond after the same
had been duly sealed by the legal seale (?) of depreciation. That the said Mich'l Capper was so situated at the time of this transaction that he could not conveniently take in the Bond. Hancher not having it then about him and being at some considerable distance from his house where the Bond was kept but the said Hancher promising to deliver it the first opportunity he said, the said Michl. Capper confiding in his promise suffered (?) it to remain until the death of the said Hancher. That since his death a Suit has been instituted on the said Bond & a Judgment obtained for the full amount by Sarah Hancher his Administratrix who your Orators pray may be made a Defendant to this Bill of Complaint. Your orators further plea (?) unto your Worships that they would have been prepared to prove the payment of the said Bond as will and the other facts above stated but ? Mich'l Capper was informed by their attorney that the Suit would not be ?? the Term of the Court at which Judgment was obtained. That had they expected a trial they should have ? the attendance of the witness above mentioned who lives in Abermarle County Virginia. Your orator further shews (?) unto your Worships that a Execution hath injoined upon the said Judgment against the said Mich's Capper and George Ruble as his ? call for the full amount of the Bond without ? any credit whatsoever and their property is liable to be seized in satisfaction of the same after which actings and doings are counting (?) to equity and good conscience and lend to the manifest wrong and injury of your Orators in lend or consideration whereof and for as much as your orators are ?? by the strict rules of the Common Laws on the premises and can only be released by a Court of Equity where matters of this kind are ??. To the end therefore that the said Defendant may upon her ? oath ?? has make, to all or singular the premises as ? as if the same were again repeated ? according to the best of her knowledge and belief, and that the said defendant and all others may be enjoined from all proceedings to ? the said Judgment Bill until the matter hereof can be heard in Equity and such other relief ? as to your orators as to the Court ??. May it please your Worships to grant unto your Orators the Commonwealth writ of ?? to the Def't directed. ?
Mich'l Capper makes oath that such parts of the aforesaid Bill as states facts within his knowledge, as he believes to be true. Given this 7th day of ?? 1796 (or 1798 ? )
October 20th 1798
Mrs. Sarah Hansher Administratrix of the Estate of John Hansher dec'd. Take Notice that on the 5th day of November ensuing the date hereof, at the dwelling house of James G. Dowdle in the town of Winchester between the hours of 6 in the morning & 5 in the evening I shall take the Deposition of James Coyle (or Cayle ?), Ezekiel Marpole, which Depositions I shall offer as evidence in a suit in Chancery now depending & undetermined in the County Court of Frederick where I am Plaintiff and you are Defendant. MICH'L CAPPER
October 22nd 1798
This day Kingsman Dutton came before me a Justice for s'd County and made oath accoroding to law that he delivered a true copy of the within note to Sarah Hansher the person within mentioned on the 22nd day of this present month. Sworn before me this 22nd day of October 1798. James McBride
Oct 23, 1798
Mrs. Sarah Hansher Admx. of John Hansher, Dec'd. Take Notice that upon the 5th day of November 1798
at the dwelling house of J. Gamble Dowdle in Winchester in the County of Frederick between the hours of ten in the morning and 5 in the evening I shall take the Depositions of James Kiles, Ezekiel Marpole and others which Depositions when taken I shall offer as evidence in my behalf in an injunction in Chancery now depending in the Court Frederick County V., wherein I am complaintant and you defendant. Michael Capper
November 4, 1798
The within named Sarah Hancher verily affirmed before me a Justice of the Peace for the said County that the facts that are stated in the within answer to be her own knowledge and true and that all other facts stated she believes to be true. Given under my hand this fourth day of November 1798. Edward McGuire
The answer of Sarah Hancher Adminx. of John Hancher deceased, to a Complaint exhibited against her in the Court of Frederick County by Michael Capper.
The said Defendant saying and ? to herself now and at all times hereafter all and all memory? of benefit and advantage of eruption ? to the many untruths uncertainties and imperfections in the Bill contained for answer thereto or to so much thereof as she is advised is material or necessary for her to answer, she answers with
and saith that true it is the said Complaintant gave the Bond in the said Bill mentioned, which Bond afterwards came into the possession of the said John Hancher in the way stated in the said Bill. That a suit was afterward commenced on the said Bond and a judgment which in justice ? she conceives she was intitled ? to, for she cannot admit? nor does she believe that the said Bond was ever discharged in any manner whatever or any payment made in discharge thereof except there for which credits are endorsed on the Bond itself. This Deponent
is well convinced that this is the truth because she was well acquainted with the transactions of the said John Hancher her late husband and very generally if not always knew when he received any considerable sum of money and is confident that if the said Bond had been discharged she would have heard of it. This Defendant further saith that since the payments for which the Compl't had credit on the Bond were made she has frequently applied to him for the balance and was always told by the Compl't that he would pay it but in fact he never did pay it to her or any person to her knowledge. It may be true that the Clerk committed to endorse on the execution the credits that were entered on the Bond but this was without her knowledge and she would have been at all times ready to allow them as she does not wish to receive one farthing more than is really due. And this Defendant prays to be hence dismissed with her reasonable ? by her in this behalf restrained. White for Def't.
November 5, 1798
The Deposition of Ezekle Marpole of lawfull age taken at the Dwelling house of J. Gamble Dowdle in Winchester in the County of Frederick....On behalf of the said Plaintiff the said Ezekle Marpole being first duly sworn saith that he was well acquainted with John Hansher, Dec'd, and sum small time before the death of Hansher he was in discourse with him and and he asked him if he had not a Bond against Michael Capper that he got from Caudy and also asked him if he would sell the Bond and he answered that he had a Bond but that he would not sell it for at that time he had no demand against the Bond. He then proceeded to say that Capper had paid him at sundry times all but fifteen dollars Congress (?) money when they settled. He further said that since Capper paid money for him in the amount of six pounds hard money to Thomas Stewart of Winchester and he at that time had no demands upon s'd Bond and after that he promised to send the Bond to Michael Capper and that he had no demand on account of the Bond and further this deponent saith not. Ezekiel Marple
The above deposition subscribed and sworn to before us J. Gamble Dowdle, Joseph Caldwell
Nov 5, 1798
The Deposition of James Kile of lawfull age taken at the dwelling house of J. Gamble Dowdle in Winchester in the County of Frederick between the hours of ten in the morning & five in the evening to be read as evidence in an injunction in Chancery now depending in the Court of said County of Frederick wherein Michael Capper is Plaintiff
& Sarah Hansher Defendant who is Administratrix of John Hancher, deceased. On behalf of the said Plaintiff the said James Kile being first duly sworn deposeth & sayeth that perhaps ten or eleven years ago I do not particular remember the date, but to the best of my memory I then being a Constable at the time, I executed (?) sum cloths of John Hansher. He at that time requested me to ask Michael Capper to pay the demand and said he thought Capper was about that much in arear to him on a Bond he had against said Capper that he got from Caudy of L 20 or upward. If I said anything to Capper about it I don't remember what. But I rememember ? ?? Capper & Hansher talking and a settling the matter after that and they both agreed that the said Capper was due to Hansher on account of the said Bond three dollars in hard money or fifteen dollars Congress MOney & agreed the odds which was not worth the disputing about. This deponent further sayeth that Capper a the same time reminded Hansher that a small time previous to the aforesaid date that he the said Capper had paid Hansher 30 dollars and the said Hansher also agreed he did and further this deponent saith not. James Kile
April 1st 1799
Mr. Michael Capper, Take Notice that on the thirteenth day of this month between the hours of ten in the forenoon and four in the afternoon of that day at the Tavern of William Doster in the Town of Winchester I will take the deposotions of James McBride, Kingman Dutton, William ?? and Cornelius Gard to be read in evidence in a Suit in Chancery now depending in the Court of Frederick County whrein you are Complaintant and I am Defendant. Sarah Hancher, Admx. of John Hancher, dec'd.
April 13, 1799
The Deposition of Cornelius Gard of lawfull age taken at the Tavern of William Doster in the town of Winchester on the 13th April 1799....deposeth and saith, that sometime after the decease of John Hancher the Plaintiff came to the house of the deponent and offered ?? a ?? that this deponent should trade for a Bond then in the hands of the Dft. on the said Plf. for twenty two pounds ten shillings or three abouts (?) and the said Plf. gave for his reason that he the said Plf. could settle the business better with this Deponent than the Dft.
Question by Plf. - - Are you not married to the daughter of the intestate John Hancher?
Ans. - - Yes.
Question by Dft. - - Do you feel yourself interested in the present suit and have you any interest in the estate of John Hancher dec'd.
Ans. - - No.
Question by Dft. - -Did you hear Michael Capper say that James Coiles could swear anything for nine pence?
Ans. - - Yes. And further this Deponent saith not. Cornelius Gard
April 13, 1799
The Deposition of James McBride being of lawfull age taken at the house of William Doster in the town of Winchester...which said Deposition will be read as Evidence in a suit in Chancery now depending in the county of Frederick wherein Michael Capper is Plt. and Sarah Hancher, Admx. of John Hancher is Deft., after being duly sworn, deponent saith: That Michael Capper came to the house of the Deponent some short time previous to November or December Court and informed this Deponent that Suit had been instilled against him by the widow Hancher, ?? of John Hancher, dec'd, ona Bond given by said Capper to James Coddy in part pay for land purchased by said Capper of said Coddy. That said Capper told this Deponent he had paid part of the aforesaid Bond to David Coddy and that he would have paid the whole amount of said Bond in the old way, meaning as then Deponent believes in special, had it been in ? by said James Coddy to the said David Coddy and further this deponent saith not. James McBride
April 18, 1799
The deposition of William Hancher of lawful age taken at the house Tavern of William Doster in the Town of Winchester on the 18th April 1799 between the hours of ten in the forenoon and four in the afternooon which said Deposition will be used as evidence in a suit in Chancery now depending in the County Court of Frederick wherein
Michael Capper is Plt'f and Sarah Hancher Admx of the estate of John Hancher dec'd is Def't. Being first sworn upon the holy Evangalist of Almighty God deposeth and saith: That this deponent happening at the house of James Coddy he heard the said Coddy say that he had Bond given him by Michael Capper in part pay for land purchased by said Capper of him. That the said Bond was that it was to be discharged in Specia ??? but that said Capper had been at this house the evening before had brung out a bottle of whiskey with him or had sent for it as he believed it to make the said Coddy drunk, that said Coddy had got drunk and then gave up the old Bonds and took new ones to be paid in ?? full money of Virginia. That some time after this Deponent met Michael Capper in Winchester and ask'd him if he could pay the whole or any part of that Bond due from him to James Coddy and by him assigned to John Hancher, that said Capper ? could it is not in his power then, but that he would shortly pay it. This Deponent further saith that said Capper never paid any money on said Bond after he requested him.
December 26, 1801
Mrs. Sarah Hansher Administratrix of John Hansher Def't. Please to take Notice that on the 30th day of January next insuring the date hereof at the dwelling house of Elias Poston between the hours of 6 in the morning and six n the evening I shall proceed to take the Depositions of John Johnson and others which depositions when taken I shall offer as evidence in a suit in Chancery now injoyn'd in the County of Frederick where I am plaintiff and you are Defd't. MCH'L CAPPER.
1802 Frederick County, Virginia Chancery Court
CAPPER vs. Hancher
The deposition of John Johnson of lawful age taken on the 30th day of January 1802 at the dwelling house of Elias Poston in the County of Hampshire and State of Virginia between the hours of 3 in the morning and six in the evening to be offered as evidence in a suit in Chancery now pending and undetermined in the County Court of Frederick and state aforesaid where MIchael Capper is Plaintiff and Sarah Hancher administratrix to the Estate of John Hancher dec'd, is Defendant.
This deponent being duly sworn on the Holy Evangelist of Almight God deposeth and sayseth in behalf of the Plaintiff and in answer to the said Plaintiff's questions:
Plaintiff Question the 1st - - Are you and have you been interested in the aforesaid Estate of John Hancher whom was your father- in -law?
Hence his Oath, Answer by s'd Deponent - - Yes and is at present and have been since that period.
Plaintiffs Question 2nd - - Did you ever see any receipts or any orders given on acct. of the dealings or settling of any accounts between the said Hancher & Capper or can you wread writing to inform you in these cases - -
Answered by s'd Deponent - - Now he can't wread writing and disremembers of seeing any writings and if he did he disremembers as to his own knowledge, and further this Deponent sayeth not. Sworn and subscribed to before Elias Poston, John Johnson, X, his mark
January 30, 1802
The Deposition of Henry Taylor taken at the dwelling house of Elias Poston on the 30th day of January 1802 in the County of Hampshire and State of Virginia...to be wread or offered as evidence in a suit in Chancery now depending and under rmin'd in the County Court of Frederick and state affors'd where Michael Capper is Plaintiff and Sarah Hansher Administratrix of the Estate of John Hansher deceased. This Deponent being of lawfull age and duly sworn on the Holy Evangelist of Almighty God and in the behalf of the Plaintiff and sayeth: That he sum years ago perhaps 8 or 9 or more or less his memory ?? sure at this time, he was in company with the said Sarah Hansher at her son in laws Cornelous Gard and at the same time she was discoursing with Gard about the Estate of her husband & saying at the time that she had a Bond against Michael Capper and said she did not think it expedient (?) to sue Capper for she thought she would not benefit in so doing. Gard her son in law answered and said to the contrary she then reply'd and said that she was satisfy'd that Capper had paid the greater part of the bond if not all. Gard then answered and said Capper must prove that, for if the said Bond was not recovered it would be a loss to him and all the rest of the family as John Hansher died destitute of a Will ?. Which conversation was previous to the commencement of a Suit against the s'd Plaintiff. She further added and said she was highly aprehensive that a settlement has taken place between her husband, deceased, and Capper previous to the aforesaid conversation. Further this Deponent sayeth not. Henry Taylor (X, his mark).
April 27, 1802
Personally appeared before me James McBride a Justice of the peace in and for Hampshire County, Jacob Barnhous and made oath that on the 22 Day of this instant he served a true copy of the within notice on the mentioned, Michael Capper. April the 27th 1802. James McBride
April 22, 1802
Mr. Michael Capper pleas to take notis that on Saturday the first day of May next at the Dwelling house of William Dosters in Winchester Frederick County Virginia between the hours of six in the morning & six o'clock in the afternoon of the same day I shall proceed to take the Depositions of Thomas Cooper and others which Depositions when taken I will offer as evidence in a suit in Chancery injoined in the County Court of Fredeirck wharein you are Plaintif and I am Defendant. Sarah Hancher
May 1802 CAPPER vs. Hancher
Deposition of Cornelius Gard
The deposition of Cornelius Gard of full age taken at the Tavern of William Doster in the Town of Winchester on Saturday the ? day of May 1802 to be read in evidence on the trial on the suit in Chancery depending in the County Court of Frederick wherein Michael Capper is Complaintant and Sarah Hancher Admix. of John Hancher dec'd is Def't. The Deponent being first sworn on the Holy Evangelist of Almighty God deposeth and sayeth that some time after the death of John Hancher the deponent heard Michael Capper swear he'd be damned but he would cheat her out of the money if he could. The Deponent being asked what money Capper meant the Deponent said it was the balance of a note left to her by her father and now in suit in the Court of Chancery Fred'k County wherein Michal Capper is Complaintant and s'd Sarah Def't. S'd Deponent being asked if he recolected a de ?? between s'd Sarah the def't and himself in the deponent's home in the presence of Henry Taylor, the Deponent answered that the s'd Defendant came from Mr. Cappers house to the deponants house much inraged against s'd Capper for not paying the money due by him to her and never heard her say anything to the contrary but that Capper was ? due the money, the deponent was asked if he had any interest in the above def't estate s'd deponent answered not. Cornelius Gard
Sworn to and subscribed before me George Reed, Justice of the Peace in the Corporation of Winchester May ?? 1802. Geo. Reed
March 28 1803
Mr. Michael Capper. Take Notice that uupon Tuesday the twenty sixth of April 1803 at the Court House at the County of Fayette and State of Pennsylvania between the hours of nine and four I shall proceed to take the Depositions of Robert Brownfield and others which Deposotions when taken I shall offer as Evidence ina Suit in Chancery now depending and undetermined in the County ourt of Frederick wherein you are Plaintiff and I am Defendant. Sarah Hancher
The Commonwealth of Virginia, to Any two Magistrates of Fayette County State of Pennsylvania who certify to be such, Come Greeting: Know ye that we ?? in diligently examining Robert Brownfield as a witness on behalf of Sarah Hansher Admix. of John Hansher in a certain suit impending in our County Court in Frederick wherein
the said Sarah is defendant and MIchael Capper is Plaintiff, we command that you assemble yourselves and examine ? the witness aforesaid and ? his examination to our County Court at Frederick aforesaid without delay, returning to us this writ.
April 26, 1803
State of Pennsylvania, Fayette County
In obedience to the foredoing ? Orders, Two of the Commonwealth Justices of the Court in and for said County do certify that on Tuesday the twenty sixth day of April 1803 at the Court House at the County of Fayette aforesaid, personally appeared, Robert Brownfield who being legally affirmed deposeth and saith: That on or about the fifth day of December last, he this Deponent saw in the Clerk's Office in Winchester an Order purporting to be an Order for ??? drawn (?) by John Hancher when? Michael Capper in favor of ? Stewart which was accepted by Michal Capper and went ? for payment January 2, 1792 which Jan ? orders deponent is well ap'? was not signed by John Hancher. He this Deponent having been well acquainted in Hansher's handwriting for near forty years past & having yesterday examined as many as eight or nine papers having the signature of Jno. Hancher in all in his name which shew ? deferent from that in the said Order and that the signature to the said Orders is in much better hand writing than ever this deponent knew Jno. Hancher to write.
In testimony whereof we have hereunto set our hands and affixed our seals this 26th day of April 1803. Jonathan Rowland, Robert Moore
Capper vs. Hancher
Court case Abates, Plaintiff (Michael Capper) Deceased
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