Marilyn Symonds wrote:

> Diana:
>
> I believe the Orange County Order Book notation > Charles & Peter
> Copland, Plts. Agt Samuel Kercheville Deft. In Debt > is the "style"
> or title of a lawsuit, which in modern usage would probably be styled:
>
> Charles Copland and Peter Copland, Plaintiffs
> versus
> Samuel Kercheville, Defendant
>

This is definitely what is meant here.  Usage in this period tended to vary
from county to county ahead of the more formalized notations of "versus" or
"v." in later periods to indicate parties to litigation.  Interestingly, once
case reports began to be published (in Virginia and elsewhere), "against"
came to be used when the defendants and plantiffs were reversed in case
titles for indexing purposes (e.g., Mayo v. Valentine would be
cross-referenced as Valentine against Mayo).

> The notation "In Debt" signifies that the plaintiffs' allegation[s]
> were based upon a debt owed to them by the defendant. "Debt" was a
> theory of common law providing recovery for those who prevailed in the
> lawsuit.
>
>

Debt was a form of action used to try cases in which a fixed amount owed
could be sued for in court.  As you suggest, no damages, punitive or
otherwise, were involved, and the plantiff was "simply" required to prove the
indebtedness.  Interest would be charged from the due date of the debt until
payment in successful cases.

Trespass on the case derived from the English common law trespass actions,
but by the eighteenth century, when it had come to be known commonly as
"case," it had evolved into a very handy and popular form of trying
non-performance of contracts, "contracts" being construed in a very broad
sense.  By the time of the Revolution it had pretty much come to replace the
much older form of action, covenant, for such purposes.

        ELS
--
E. Lee Shepard
Assistant Director for
 Manuscripts and Archives
Virginia Historical Society
P.O. Box 7311
Richmond, VA 23221-0311
(804) 342-9670

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