The Commonwealth of Virginia,
TO THE SHERIFF OF WYTHE COUNTY – Gree[ting]
You are hereby commanded to summon
Calvin Rutherford and James T. [Gleaves] [ ]
of Randall Rutherford decd
to appear before the Justices of our County Court of Wythe, at the Court-Hous[e] on the second
Monday in June next, to answer a bill in Chancery exhibited aga[inst] them by
Stephen Stone
and unless they shall answer the said Bil[l] [w]ithin four two months thereafter, [ ]court will take the same for confessed and decree accordingly [a]nd this they shall in no wise [ ] under the pen-alty of L100. And have then there this writ[ ] Witness, John P. Mathews, Clerk of our said Court, at the Court-House, the 12 day May 1842 in [the] 66 year of the Commonwealth
J. P. Mathews CC
Virginia: In Wythe County Court May Term 1842
Stephen Stone Plt (plaintiff) against Calvin Rutherford &c. Defts In Chy (Chancery)
On the motion of the Plt who filed his Bill (petition, complaint), having made oath thereto before a Justice of the peace, it is ordered that the defendant [James] T. Gleaves excr (executor) of Randal Ru[ther] ford decd be restrained and enjoined from paying away or otherwise disposing of, any money or other effects in his hands belonging to the deft Calvin Rutherford until the further order of this Court
Teste
J. P. Mathews CC
A Copy
Teste
J. P. Mathews CC
The summons was pre-printed on the front (page 1). On the reverse is a hand-written injunction prohibiting James T. Gleaves, executor of the estate of Randolph Rutherford, Sr., from paying further funds from the estate to Calvin M. Rutherford until further order of the court. County circuit court heard civil cases in Common Law and in Chancery. Common Law cases involved those, such as debt, whereby decisions were based upon clearly defined laws. Chancery cases involved issues of fairness, such as land disputes and estate settlements, in which the decision would be based upon legal precedent and an equitable distribution of proceeds.