Rhoda (Ingles) Smith (1762 - 1829)

Born 28 Jan 1762 in Ingles Ferry, Tazewell, Virginia

Ancestors

Wife of Byrd Bowker Smith — married 20 Nov 1781 in Montgomery County, Virginia, United States

Descendants

Died 2 Nov 1829 at age 67 in Poplar Corners, Madison, Tennessee

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Biography

The document reads: Bill exhibited on the chancery side of the court by Bird Smith and Rhoda {"his wife who is since deceased" is squeezed between the lines a bit, so it probably pertains to Mary Grills} and Susannah Grills and William Grills and John Grills who is intermarried with Mary Ingles, infants of the said John Grills and Mary by the said John their father and guardian. That section is signed September 1800 by John Kent Clerk of the Court.

Born: Rhoda was born about 1762. Married: On November 10, 1781, Rhoda Ingles married Bird Smith in Montgomery County, Virginia. ^[1] Death: She passed away in 1829. ^[2]

Burke's Garden Litigation:

In 1790, Bird Smith, for his wife Rhoda Ingles, and John Grills, for his wife Mary Grills, both the daughters of Mary Ingles, filed an action in the Chancery Court of Montgomery County, Virginia against William Thompson, the surviving Executor of the Estate ofCol. James Patton and Capt. James Thompson.The suit alleged that Col. Patton had promised James Burke his choice of 400 acres (Burke's Choice) within a tract if 1,600 acres yet to surveyed in Burke's Garden^[3] in exchange for payment of a per acre amount; Burke made his choice; the choice was accepted but payment was not made pending a survey; the survey was not completed before Patton's death; Burke then sold the lands to Thomas Ingles with the right to the Burke's Choice lands inuring to them by descent through Thomas Ingles, to his son William Ingles, to his wife Mary Ingles, and then to Orators, and the Orators Grills/Ingles prayed that a deed on the Burke Choice lands issue to them. Apparently, there was also a companion case with similar allegations filed in Botetourt County. The defendants admitted that Patton agreed that Burke could have 400 acres, but only after completion of the larger 1,600 acre survey, asserted that Patton, not Burke, had the right of choice of lands and further that Burke occupied the lands unlawfully without right or payment thereby breaching any contract. The Court awarded the 400 acres of Burke Choice to Grills/Bird/Ingles which decision was affirmed on appeal. A survey and deed was completed by the Court in 1804.^[4]

After the Ingles/Bird/Grills Decree entered, James Thompson brought a claim in October of 1804 in the Tazewell Chancery Court alleging one-third equitable to the 400 acres of Burke's choice based upon a written contract to convey between Thomas Ingles and James Thompson dated December 17, 1783. ^[5]The Court order does not appear in the case file, but at least one author states that on May 27, 1806 the Court granted Thompson legal title to one-third of the 400 acres and ordered that the defendant convey to James Thompson his interest in "one square" i.e., a divided interest, to include the original James Burke's home and adjoining lands. ^[6]

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Sources

• Virginia marriages 1781

1. ↑ "Virginia Marriages, 1785-1940", database, FamilySearch (https://familysearch.org/ark:/61903/1:1:XR8N-RR4 : 29 January 2020), Rhoda Ingles in entry for Byrd Smith, 1781.
2. ↑ Needs citation. Replace this citation if there is another source.
3. ↑ Burke's Garden Wikipedia [1]
4. ↑ Ingles & Grills v. Thompson Images of case file Available here
5. ↑ Thompson v. Ingles Images of case file available here
6. ↑ Pendleton, W.C., History of Tazewell county and southwest Virginia, 1748-1920. p. 425 Available on archive.org here