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Introduction to Dana v. Brink Summons, 14 February 1843 [Dana v. Brink] Subpoena, 15 February 1843 [Dana v. Brink] Subpoena, 18 February 1843 [Dana v. Brink] Subpoena, 23 February 1843 [Dana v. Brink] Subpoena, 27 February 1843 [Dana v. Brink] Bill of Particulars, circa 2 March 1843 [Dana v. Brink] Execution, 10 March 1843 [Dana v. Brink] Trial Report, 4–22 March 1843 [Dana v. Brink] Bond, 29 March 1843 [Dana v. Brink] Notice of Appeal, 31 March 1843 [Dana v. Brink] Subpoena, 4 April 1843 [Dana v. Brink] Subpoena, 7 April 1843 [Dana v. Brink] Supersedeas, 8 April 1843 [Dana v. Brink] Subpoena, 13 April 1843 [Dana v. Brink] Attachment, 19 April 1843 [Dana v. Brink] Docket Entry, between 31 March and circa 19 April 1843 [Dana v. Brink] Execution, 10 May 1843 [Dana v. Brink] Execution, 2 October 1843 [Dana v. Brink] Bond, 16 May 1843 [Dana v. Brink] Supersedeas, 16 May 1843 [Dana v. Brink] Docket Entry, Motions, 18 May 1843 [Dana v. Brink] Docket Entry, Motion Overruled and Continuance, 27 May 1843 [Dana v. Brink] Praecipe, 24 August 1843 [Dana v. Brink] Subpoena, 25 August 1843 [Dana v. Brink] Praecipe, circa 15 September 1843 [Dana v. Brink] Subpoena, 15 September 1843–A [Dana v. Brink] Subpoena, 15 September 1843–B [Dana v. Brink] Notice, 29 September 1843 [Dana v. Brink] Summons, 30 September 1843 [Dana v. Brink] Certiorari, 30 September 1843 [Dana v. Brink] Motion, 16 October 1843–A [Dana v. Brink] Motion, 16 October 1843–B [Dana v. Brink] Docket Entry, Motions, 16 October 1843 [Dana v. Brink] Docket Entry, Motions Overruled, 17 October 1843 [Dana v. Brink] Praecipe, 18 October 1843–A [Dana v. Brink] Praecipe, 18 October 1843–B [Dana v. Brink] Subpoena, 18 October 1843–A [Dana v. Brink] Subpoena, 18 October 1843–B [Dana v. Brink] Affidavit, 20 October 1843–A [Dana v. Brink] Affidavit, 20 October 1843–B [Dana v. Brink] Affidavit, 20 October 1843–C [Dana v. Brink] Affidavit, 20 October 1843–D [Dana v. Brink] Affidavit, 20 October 1843–E [Dana v. Brink] Docket Entry, Continuance, 20 October 1843 [Dana v. Brink] Praecipe, 5 November 1843 [Dana v. Brink] Subpoena, 25 November 1843–A [Dana v. Brink] Subpoena, 25 November 1843–B [Dana v. Brink] Praecipe, 6 March 1844 [Dana v. Brink] Subpoena, 11 March 1844–A [Dana v. Brink] Subpoena, 11 March 1844–B [Dana v. Brink] Subpoena, 11 March 1844–C [Dana v. Brink] Praecipe, 18 May 1844 [Dana v. Brink] Subpoena, 18 May 1844 [Dana v. Brink] Attachment, 20 May 1844–A [Dana v. Brink] Attachment, 20 May 1844–B [Dana v. Brink] Attachment, 20 May 1844–C [Dana v. Brink] Subpoena, 21 May 1844 [Dana v. Brink] Affidavit, 22 May 1844–A [Dana v. Brink] Affidavit, 22 May 1844–B [Dana v. Brink] Affidavit, 22 May 1844–C [Dana v. Brink] Docket Entry, Discharge from Attachment, 22 May 1844 [Dana v. Brink] Docket Entry, Jury Impaneled, 22 May 1844 [Dana v. Brink] Affidavit, 23 May 1844 [Dana v. Brink] Verdict, 23 May 1844 [Dana v. Brink] Docket Entry, Verdict and Motion, 23 May 1844 [Dana v. Brink] Motions, circa 23 May 1844 [Dana v. Brink] Docket Entry, Motions, 24 May 1844 [Dana v. Brink] Docket Entry, circa 27 May 1844 [Dana v. Brink] Docket Entry, Motions Overruled and Verdict Sustained, 27 May 1844 [Dana v. Brink] Praecipe, circa 27 May 1844 [Dana v. Brink] Case File Wrapper, circa May 1844 [Dana v. Brink] Docket Entry, Judgment, between 20 July and circa 18 October 1844 [Dana v. Brink] Docket Entry, Fee Bill, between 20 July and circa 18 October 1844 [Dana v. Brink]

Bond, 16 May 1843 [Dana v. Brink]

Source Note

William Brink

1810–4 Feb. 1884. Physician, cooper. Born in Pennsylvania. Married first Amelia. Practiced Thomsonian medicine. Defendant in malpractice lawsuit, 1843, at Nauvoo, Hancock Co., Illinois. Baptized into Church of Jesus Christ of Latter-day Saints, by Apr. 1843...

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,
Moses Smith

23 Mar. 1800–15 May 1849. Frontiersman, postmaster, merchant, lumberman. Born in Bennington Co., Vermont. Married Lydia Perce, 1825, in Madison Co., New York. Baptized into Church of Jesus Christ of Latter-day Saints, 19 Aug. 1832. Credited with settling ...

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, and
Jonah R. Ball

4 Aug. 1803–5 Apr. 1845. Farmer. Born in Shutesbury, Franklin Co., Massachusetts. Son of Jonas Ball and Elizabeth (Betsey) Warren. Married Sophronia Hoar, 13 May 1832, in Vernon, Windham Co., Vermont. Moved to Nauvoo, Hancock Co., Illinois, by July 1843. ...

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, Bond,
Hancock Co.

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

More Info
, IL, to
Charles Dana

8 Nov. 1802–7 Aug. 1868. Mason, Farmer. Born in Schenectady, Albany Co., New York. Son of Francis Dana and Huldah Root. Married Margaret Kennedy Lusk, ca. 1827, in Lowville, Lewis Co., New York. Moved to Hammond, St. Lawrence Co., New York, ca. 1829. Baptized...

View Full Bio
,
Hancock Co.

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

More Info
, IL, 16 May 1843, Dana v. Brink (Hancock Co., IL, Circuit Court 1844); unidentified handwriting; signatures of
William Brink

1810–4 Feb. 1884. Physician, cooper. Born in Pennsylvania. Married first Amelia. Practiced Thomsonian medicine. Defendant in malpractice lawsuit, 1843, at Nauvoo, Hancock Co., Illinois. Baptized into Church of Jesus Christ of Latter-day Saints, by Apr. 1843...

View Full Bio
,
Moses Smith

23 Mar. 1800–15 May 1849. Frontiersman, postmaster, merchant, lumberman. Born in Bennington Co., Vermont. Married Lydia Perce, 1825, in Madison Co., New York. Baptized into Church of Jesus Christ of Latter-day Saints, 19 Aug. 1832. Credited with settling ...

View Full Bio
, and
Jonah R. Ball

4 Aug. 1803–5 Apr. 1845. Farmer. Born in Shutesbury, Franklin Co., Massachusetts. Son of Jonas Ball and Elizabeth (Betsey) Warren. Married Sophronia Hoar, 13 May 1832, in Vernon, Windham Co., Vermont. Moved to Nauvoo, Hancock Co., Illinois, by July 1843. ...

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; certified by
William Marr

5 Feb. 1817–5 Sept. 1844. Lawyer. Born in Scarborough, Cumberland Co., Maine. Son of Robert P. Marr and Olive Plaisted. Graduated from Bowdoin College, 1839, in Brunswick, Cumberland Co. Graduated from Harvard Law School, 1842. Moved to Nauvoo, Hancock Co...

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, 16 May 1843; certified by
M. Avise

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, [16 May 1843]; docket by unidentified scribe, [
Hancock Co.

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

More Info
, IL], [16 May 1843]; notations by
M. Avise

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on behalf of
Jacob B. Backenstos

8 Oct. 1811–25 Sept. 1857. Merchant, sheriff, soldier, politician, land speculator. Born at Lower Paxton, Dauphin Co., Pennsylvania. Son of Jacob Backenstos and Margaretha Theis. Member of Lutheran Reformed Church. Married Sarah Lavina Lee, niece of Robert...

View Full Bio
, [
Carthage

Located eighteen miles southeast of Nauvoo. Settled 1831. Designated Hancock Co. seat, Mar. 1833. Incorporated as town, 27 Feb. 1837. Population in 1839 about 300. Population in 1844 about 400. Site of acute opposition to Latter-day Saints, early 1840s. Site...

More Info
, Hancock Co., IL], 16 May 1843; two pages; Hancock County Courthouse, Carthage, IL; microfilm at FHL. Includes seals.

Historical Introduction

See Introduction to Dana v. Brink.
Asterisk (*) denotes a "featured" version, which includes an introduction and annotation.
Bond, 16 May 1843 [ Dana v. Brink ]
Bond, 16 May 1843, Copy [ Dana v. Brink et al. ]

Page [1]

Know all men by these presents, that we
William B. Brink

1810–4 Feb. 1884. Physician, cooper. Born in Pennsylvania. Married first Amelia. Practiced Thomsonian medicine. Defendant in malpractice lawsuit, 1843, at Nauvoo, Hancock Co., Illinois. Baptized into Church of Jesus Christ of Latter-day Saints, by Apr. 1843...

View Full Bio
<​
Moses Smith

23 Mar. 1800–15 May 1849. Frontiersman, postmaster, merchant, lumberman. Born in Bennington Co., Vermont. Married Lydia Perce, 1825, in Madison Co., New York. Baptized into Church of Jesus Christ of Latter-day Saints, 19 Aug. 1832. Credited with settling ...

View Full Bio
,​>

Insertion in unidentified handwriting.


and
Jona[h] R. Ball

4 Aug. 1803–5 Apr. 1845. Farmer. Born in Shutesbury, Franklin Co., Massachusetts. Son of Jonas Ball and Elizabeth (Betsey) Warren. Married Sophronia Hoar, 13 May 1832, in Vernon, Windham Co., Vermont. Moved to Nauvoo, Hancock Co., Illinois, by July 1843. ...

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all of the county of
Hancock

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

More Info
and State of
Illinois

Became part of Northwest Territory of U.S., 1787. Admitted as state, 1818. Population in 1840 about 480,000. Population in 1845 about 660,000. Plentiful, inexpensive land attracted settlers from northern and southern states. Following expulsion from Missouri...

More Info
are held and firmly bound unto
Charles R. Dana

8 Nov. 1802–7 Aug. 1868. Mason, Farmer. Born in Schenectady, Albany Co., New York. Son of Francis Dana and Huldah Root. Married Margaret Kennedy Lusk, ca. 1827, in Lowville, Lewis Co., New York. Moved to Hammond, St. Lawrence Co., New York, ca. 1829. Baptized...

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of the
county

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

More Info
and
State

Became part of Northwest Territory of U.S., 1787. Admitted as state, 1818. Population in 1840 about 480,000. Population in 1845 about 660,000. Plentiful, inexpensive land attracted settlers from northern and southern states. Following expulsion from Missouri...

More Info
aforesaid in the Sum of two hundred and twenty two dollars lawful Money of the
United States of America

North American constitutional republic. Constitution ratified, 17 Sept. 1787. Population in 1805 about 6,000,000; in 1830 about 13,000,000; and in 1844 about 20,000,000. Louisiana Purchase, 1803, doubled size of U.S. Consisted of seventeen states at time ...

More Info
for the payment of which well and truly to be made, we bind ourselves our heirs, executors, and administrators. Jointly Severally and firmly by these presents. In witness whereof we have hereunto set our hands and seals this <​sixtenth​>

Insertion in unidentified handwriting.


Day of May in the year of our Lord one thousand eight hundred and forty three
The condition of this obligation is Such that whereas the Said
Charles R Dana

8 Nov. 1802–7 Aug. 1868. Mason, Farmer. Born in Schenectady, Albany Co., New York. Son of Francis Dana and Huldah Root. Married Margaret Kennedy Lusk, ca. 1827, in Lowville, Lewis Co., New York. Moved to Hammond, St. Lawrence Co., New York, ca. 1829. Baptized...

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did on the tenth day of March Anno Domini one thousand eight Hundred & forty three Before Joseph Smith Mayor of the City of
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

More Info
and— Justice of the Peace in and for this Said
City

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

More Info
recover a Judgment against the above bounden
William B. Brink

1810–4 Feb. 1884. Physician, cooper. Born in Pennsylvania. Married first Amelia. Practiced Thomsonian medicine. Defendant in malpractice lawsuit, 1843, at Nauvoo, Hancock Co., Illinois. Baptized into Church of Jesus Christ of Latter-day Saints, by Apr. 1843...

View Full Bio
for the Sum of Ninety nine dollars debt and eleven dollars and fifty nine cents costs And Whereas the said
William B. Brink

1810–4 Feb. 1884. Physician, cooper. Born in Pennsylvania. Married first Amelia. Practiced Thomsonian medicine. Defendant in malpractice lawsuit, 1843, at Nauvoo, Hancock Co., Illinois. Baptized into Church of Jesus Christ of Latter-day Saints, by Apr. 1843...

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hath Sued out a writ of
Certiorari

A writ from a superior court commanding a lower court to certify the record in a particular case in order for the superior court to review the proceedings.

View Glossary
from the Circuit Court for the said
County

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

More Info
: Now if the said
William B. Brink

1810–4 Feb. 1884. Physician, cooper. Born in Pennsylvania. Married first Amelia. Practiced Thomsonian medicine. Defendant in malpractice lawsuit, 1843, at Nauvoo, Hancock Co., Illinois. Baptized into Church of Jesus Christ of Latter-day Saints, by Apr. 1843...

View Full Bio
shall prosecute his Said writ with effect and Shall pay whatever Judgments which Shall be rendered by the Said Court against him, and all costs thereon then the above obligation to be void otherwise to remain in full force and Virtue

Signatures of William Brink, Moses Smith, and Jonah R. Ball.


W. B. Brink

1810–4 Feb. 1884. Physician, cooper. Born in Pennsylvania. Married first Amelia. Practiced Thomsonian medicine. Defendant in malpractice lawsuit, 1843, at Nauvoo, Hancock Co., Illinois. Baptized into Church of Jesus Christ of Latter-day Saints, by Apr. 1843...

View Full Bio
LS
1

TEXT: Instances of “LS” (locus sigilli, Latin for “location of the seal”) are enclosed in hand-drawn representations of seals.


Moses Smith

23 Mar. 1800–15 May 1849. Frontiersman, postmaster, merchant, lumberman. Born in Bennington Co., Vermont. Married Lydia Perce, 1825, in Madison Co., New York. Baptized into Church of Jesus Christ of Latter-day Saints, 19 Aug. 1832. Credited with settling ...

View Full Bio
LS
Jonah R Ball

4 Aug. 1803–5 Apr. 1845. Farmer. Born in Shutesbury, Franklin Co., Massachusetts. Son of Jonas Ball and Elizabeth (Betsey) Warren. Married Sophronia Hoar, 13 May 1832, in Vernon, Windham Co., Vermont. Moved to Nauvoo, Hancock Co., Illinois, by July 1843. ...

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LS
Acknowledged & Sealed & Subscribed before me this <​16​>

Insertion in unidentified handwriting.


day of May 1843 <​by
Brink

1810–4 Feb. 1884. Physician, cooper. Born in Pennsylvania. Married first Amelia. Practiced Thomsonian medicine. Defendant in malpractice lawsuit, 1843, at Nauvoo, Hancock Co., Illinois. Baptized into Church of Jesus Christ of Latter-day Saints, by Apr. 1843...

View Full Bio
&
Ball

4 Aug. 1803–5 Apr. 1845. Farmer. Born in Shutesbury, Franklin Co., Massachusetts. Son of Jonas Ball and Elizabeth (Betsey) Warren. Married Sophronia Hoar, 13 May 1832, in Vernon, Windham Co., Vermont. Moved to Nauvoo, Hancock Co., Illinois, by July 1843. ...

View Full Bio
​>

Insertion in handwriting of William Marr.


Signature of William Marr.


W[illiam] H J Marr

5 Feb. 1817–5 Sept. 1844. Lawyer. Born in Scarborough, Cumberland Co., Maine. Son of Robert P. Marr and Olive Plaisted. Graduated from Bowdoin College, 1839, in Brunswick, Cumberland Co. Graduated from Harvard Law School, 1842. Moved to Nauvoo, Hancock Co...

View Full Bio
 

Certifications in handwriting of M. Avise.


Moses Smith

23 Mar. 1800–15 May 1849. Frontiersman, postmaster, merchant, lumberman. Born in Bennington Co., Vermont. Married Lydia Perce, 1825, in Madison Co., New York. Baptized into Church of Jesus Christ of Latter-day Saints, 19 Aug. 1832. Credited with settling ...

View Full Bio
, before me
M. Avise

View Full Bio

 
<​
M. Smith

23 Mar. 1800–15 May 1849. Frontiersman, postmaster, merchant, lumberman. Born in Bennington Co., Vermont. Married Lydia Perce, 1825, in Madison Co., New York. Baptized into Church of Jesus Christ of Latter-day Saints, 19 Aug. 1832. Credited with settling ...

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sworn before me to the word​>
<​
M. Avise

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DC [Deputy Clerk]​>
 

Notation in handwriting of M. Avise.


Approved May 16, 1843
J[acob] B Backenstos

8 Oct. 1811–25 Sept. 1857. Merchant, sheriff, soldier, politician, land speculator. Born at Lower Paxton, Dauphin Co., Pennsylvania. Son of Jacob Backenstos and Margaretha Theis. Member of Lutheran Reformed Church. Married Sarah Lavina Lee, niece of Robert...

View Full Bio
Clk By
M Avise

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DC [p. [1]]
View entire transcript

|

Cite this page

Source Note

Document Transcript

Page [1]

Document Information

Related Case Documents
Editorial Title
Bond, 16 May 1843 [Dana v. Brink]
ID #
4571
Total Pages
2
Print Volume Location
Handwriting on This Page
  • Unidentified
  • William Brink
  • Moses Smith
  • Jonah Ball
  • William Marr
  • Matthias Avise

Footnotes

  1. new scribe logo

    Insertion in unidentified handwriting.

  2. new scribe logo

    Insertion in unidentified handwriting.

  3. new scribe logo

    Signatures of William Brink, Moses Smith, and Jonah R. Ball.

  4. [1]

    TEXT: Instances of “LS” (locus sigilli, Latin for “location of the seal”) are enclosed in hand-drawn representations of seals.

  5. new scribe logo

    Insertion in unidentified handwriting.

  6. new scribe logo

    Insertion in handwriting of William Marr.

  7. new scribe logo

    Signature of William Marr.

  8. new scribe logo

    Certifications in handwriting of M. Avise.

  9. new scribe logo

    Notation in handwriting of M. Avise.

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