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The Long Marsh Lindsey's and the Hite-Fairfax Lawsuit


Some of the land owned by the Long Marsh Lindsey family in old Frederick Co., Virginia was involved in the protracted Hite-Fairfax lawsuit that began in 1736 and lasted nearly fifty years.  The disputed land in the area involved thousands of acres that had been granted to Jost Hite, who sold it to early settlers as the terms of the grant required.  Lord Fairfax believed that the land that had been granted to Hite actually belonged to him, so he entered a caveat to have the land returned to him.  Hite responded by filing a lawsuit against Fairfax.

The Lindsey's didn't actually buy any land from Jost Hite, but they did buy land from Nathaniel Daugherty, who had previously purchased the land that he sold to the Lindsey's from Jost Hite.  This land became part of the lawsuit.  A timeline of events involving the disputed Lindsey tracts is presented below.  References follow the timeline.

1734: November 6 - Robert Brooks surveyed 860 acres on the Long Marsh for Jost Hite.

1735: November 13 - Jost Hite sold the 860 acre tract to Nathaniel Daugherty.

Location of the 860 acre tract

1737: Nathaniel Daugherty sold 250 acres of the 860 acre tract to Isaac LaRue.

1743: Articles of Agreement between Nathaniel Daugherty and Isaac LaRue were recorded regarding the 1737 sale.  Thomas and Edmund Lindsey were witnesses to the agreement.

1743: Nathaniel Daugherty agreed to sell 300 acres each to Edmund Lindsey (b. 1697)  and Thomas Lindsey (b. ca. 1720), from the 860 acre tract.

1748: Nathaniel Daugherty, who had moved to North Carolina, appointed John Lindsey (b. ca. 1700) to be his attorney to sell the remaining land in the 860 acre tract.

1751: John Lindsey had the land resurveyed.  He received a Northern Neck grant for the land, and then he amended the grant to increase the amount of land to 750 acres.  John Lindsey then sold some of the land to Thomas Lindsey and to Edmund Lindsey (per the 1743 agreement they had with Daugherty).

         

1760: Edmund Lindsey Sr. sold 26 acres of his portion of the 860 acre tract to Edmund Lindsey Jr.

1769: Thomas Lindsey willed his portion of the 860 acre tract to his sons John, Thomas, and Abraham.

1770: March 2 - Edmund Lindsey Sr. sold Jacob Lindsey 162 acres of his portion of the tract.  Edmund Sr. also sold 11 more acres of his portion of the tract to Edmund Lindsey Jr.

1770: Hite Fairfax lawsuit - Jacob Lindsey and Edmund Lindsey Jr. deposed that they held land "within the said survey under a purchase made by Edmond Lindsey Sen. from the said (Nathaniel) Daugherty & Conveyances from the said Edmund to themselves."

1771: October 10 - Hite Fairfax lawsuit: Edmund Lindsey Jr., Jacob Lindsey, John Lindsey, Thomas Lindsey, and Abraham Lindsey were among a group of people who were ordered to offer up the bonds they had for the land they owned for cancellation. Isaac LaRue and Warner Washington, who each owned part of the original 860 acre tract, were also among the group of people named in the court order. (The lawsuit was appealed by the Hite heirs, and the Lindsey's did not lose the land.)

1786: An appeal to the lawsuit which had been made by the Hite heirs in 1782, was decided in favor of the Hites.
 

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References


1734: Pioneers of Old Frederick County, Virginia, by Cecil O'Dell. 
Marceline, Mo: Walsworth Publishing Co., 1995. Page 213.

1735: O'Dell, Page 213. The map shown is from page 211.

1737: O'Dell, Page 214.

1743: O'Dell, Page 214, for date of agreement between Daugherty and LaRue.  Witnesses to agreement:  Abstracts of Wills, Inventories, and Administrative Accounts of Frederick County, Virginia, compiled by J. Estelle Stewart King. Self published in Scottsdale, AZ, 1961.  Page 101.

1743: The Thorndale Letters: Lindsey's of Long Marsh, Lower Shenandoah Valley, 1733-1770, by William Thorndale.  Manuscript available on microfilm from the Family History Library (#928098).  Page 2 of Letter 1.

1748: O'Dell, Page 214.

1751: O'Dell, Page 214.  Maps shown are from Thorndale, Letter One, Page 2 and Letter Three, Page 5.

1760: Thorndale, Letter Three, Page 7.

1769: Thorndale, Letter Three, Page 7.

1770: March 2 - Thorndale, Letter Three, Page 7.  Map shown is from the same page.

1770: Hite Fairfax lawsuit -  "Jacob Lindsey, Sr. Identified", by Yvonne J. Hardy. Alabama Genealogical Society, Inc. Magazine. Vol.31, Fall/Winter 1999. Page 36.

1771: October 10 - O'Dell, Page 21.

1786: Hardy, Page 36 for date of appeal.  King, Page 99 for outcome.

More about the Hite-Fairfax lawsuit can be found at the Handley Regional Library website.