PRAYER OF JESSE ROLSTON FOR HIMSELF AND OTHER MEMBERS OF

THE COOKS CREEK AND HARRISONBURG PRESBYTERIAN CHURCH IN

CONNECTION WITH THE CHURCH PROPERTY LOCATED AT THE NORTH

EAST CORNER OF MAIN AND ELIZABETH STREETS, HARRISONBURG, VA.

NOW THE SITE OF THE POST OFFICE AND FEDERAL COURT.

"To the Honorable John T. Harris, Judge of the Circuit Court of Rockingham County:

Humbly complaining your Orator, Jesse Rolston, a member of the Cooks Creek Presbyterian Church in Rockingham County, residing near the town of Harrisonburg, and being one of that part of the Cooks Creek Congregation worshipping regularly at the church in Harrisonburg, who sues for himself and the other members of Cooks Creek Congregation resident in Harrisonburg, and for all the other members of said congregation resident in the county, represents unto your Honor, that for nearly a century, the Cooks Creek Presbyterian congregation have worshipped at New Erection in the county and in Harrisonburg, as one distinct and single congregation; that in the year, 1838, the church divided, nearly all the town members uniting with the "Old School" church, the county members and few in the town adhering to the "New School" branch; and upon that separation the property question was settled there—The Old School to retain all the town property, the New School, the county property. The New School branch determining to maintain its organization in the town for the reason that it seemed the more fruitful field of labor, with slight assistance from the town members but chiefly from contributions from the county members, in the year 1840, brought from William McMahon, a lot of land, one half acre upon which they erected a church-building known as the "Brick Church". Your Orator further shows unto your Honor that the deed for this half acre of land was a good, general-warranty title deed from William McMahon and Rebecca his wife, to Peter Heneberger, John Blain and James Baird Trustees, for the use and benefit of the Presbyterian Congregation of Cooks Creek worshipping in the New Erection Church and in Harrisonburg, and connected with the Winchester Presbytery, and connected also ecclesiastically with the Constitutional General Assembly of the Presbyterian Church of the United States, the deed wherein requiring, as the grant was to the aforenamed trustees and their successors; that the successors shall be chosen by appointment or election by a majority of the members of the Presbyterian Congregation of Cooks Creek, & Co. For full particulars to said deed reference is hereby prayed to office copy of said deed, (it having been duly acknowledged and recorded in the Clerks Office for Rockingham County) herewith filed marked "A" and prayed to be read as part of this bill.

Your Orator further shows unto your Honor, that subsequently James Laird having died, E. Tiffin H. Warren was elected trustee and that said election was confirmed by the Circuit Court for this County, and that after the death of the said Col. E.T.H. Warren, Mr. Peter Heneberger and John Blain having resigned which left a vacancy, whereupon the Cooks Creek Congregation acting in accordance with the manner indicated in the deed of grant as also pursuant to the statute in said case made and provided, proceeded to elect and did elect as the successors as Trustees, those named, Messrs. David Bear; Archibald Hopkins, Jr. and John Lineweaver.

Your Orator further shows that this election by the congregation was confirmed by the honorable court at its last regular term and the order appointing the last named gentlemen trustees was entered, whereupon the legal title to and in the church property known as aforesaid as the "Brick Church" with the Parsonage or Manse upon the lot, ………is now vested in the last named trustees, to wit: David Bear; Archibald Hopkins, Jr. and John Lineweaver, for the uses and purposes set forth in the original deed of transfer, to wit: the use and benefit of the Presbyterian Congregation of Cooks Creek, & Co.

Your Orator further shows unto your Honor, that rec4ntly within several years past, a large proportion of the members of Cooks Creek Church resident in the town withdrew from that branch of the church and became members of the "Harrisonburg Presbyterian Church" leaving only four or five members now in and near the town proper, and therefore it is not now convenient for the Cooks Creek Church to continue its permanent services in the town. For this reason and for the further reason that the church building at New Erection is very much out of repair. Your Orator asks the aid of the honorable Court to make a sale of the property, retaining to the Cooks Creek Congregation in the town of Harrisonburg to wit: The Brick Church, Parsonage of Manse and lot.

Prayer of Jesse Rolston

Page 2

Your Orator further shows unto your Honor that with the proceeds arising from the sale of the aforesaid property, the congregation to which he belongs, propose to buy a lot of land—30 acres, the amount by law allowed to be held in the county, at or new "Muddy Creek: in the county of Rockingham on which to build a Parsonage or Manse for their Pastor and to aid several feeble parts in the outskirts of their congregational limits, in addition to repairing their church-building at New Erection. Your Orator is advised that by virtue of the laws of this Commonwealth, see Code of 1860, page 412, Section 13, he can for himself and the other members of the congregation, ask the decree for sale, and for as much as he is remediless save in a court of Equity where such matters are properly cognizable and where only he can for himself and others have.…remedy, he prays that there may be a decree for sale as afore asked for, that the said David Bear; Archibald Hopkins, Jr. and John Lineweaver, Trustees Cooks Creek Presbyterian Church be made parties dependent to this bill and that they be required to answer the same on oath—that ………….may issue and that he may have such other and further and general relief as to equity may seem meet and as in duty bound he will ever pray you.

Jesse Rolston

By Counsel.

Wm. H. Effinger

For Complainant

Except for several undeciphered words, the above is an exact copy of the original bill, filed at August Rules, 1867, which original bill may be seen in file No.100, on second floor of Rockingham County Court House.

October 15^th, 1937 Geo. W. Fetzer.