The Papers
Browse the PapersDocumentsJournalsAdministrative RecordsRevelations and TranslationsHistoriesLegal RecordsFinancial RecordsOther Contemporary Papers
Reference
PeoplePlacesEventsGlossaryLegal GlossaryFinancial GlossaryCalendar of DocumentsWorks CitedFeatured TopicsLesson PlansRelated Publications
Media
VideosPhotographsIllustrationsChartsMapsPodcasts
News
Current NewsArchiveNewsletterSubscribeJSP Conferences
About
About the ProjectJoseph Smith and His PapersFAQAwardsEndorsementsReviewsEditorial MethodNote on TranscriptionsNote on Images of People and PlacesReferencing the ProjectCiting This WebsiteProject TeamContact Us
Published Volumes
  1. Home > 
  2. The Papers > 
Introduction to JS et al. v. C. B. Street and M. B. Street Promissory Note from Charles B. Street and Marvin B. Street, 17 February 1841 Statement of Account from C. B. & M. B. Street, 26 February–July 1841 Praecipe, 7 February 1844 [JS et al. v. C. B. Street and M. B. Street] Summons, 14 February 1844 [JS et al. v. C. B. Street and M. B. Street] Praecipe, 3 May 1844 [JS et al. v. C. B. Street and M. B. Street] Subpoena, 3 May 1844 [JS et al. v. C. B. Street and M. B. Street] Declaration, circa 7 May 1844 [JS et al. v. C. B. Street and M. B. Street] Praecipe, circa 13 May 1844 [JS et al. v. C. B. Street and M. B. Street] Subpoena, 14 May 1844 [JS et al. v. C. B. Street and M. B. Street] Docket Entry, Order to Plead, 20 May 1844 [JS et al. v. C. B. Street and M. B. Street] Pleas and Account, circa 23 May 1844 [JS et al. v. C. B. Street and M. B. Street] Docket Entry, Pleas, 24 May 1844 [JS et al. v. C. B. Street and M. B. Street] Docket Entry, Continuance, 25 May 1844 [JS et al. v. C. B. Street and M. B. Street] Demurrer, circa 29 May 1844 [JS et al. v. C. B. Street and M. B. Street] Docket Entry, Demurrer, 30 May 1844 [JS et al. v. C. B. Street and M. B. Street] Praecipe, circa 15 October 1844 [JS et al. v. C. B. Street and M. B. Street] Subpoena, 16 October 1844 [JS et al. v. C. B. Street and M. B. Street] Praecipe, circa 17 October 1844 [JS et al. v. C. B. Street and M. B. Street] Subpoena, 18 October 1844 [JS et al. v. C. B. Street and M. B. Street] Docket Entry, Notification of Death, 21 October 1844 [JS et al. v. C. B. Street and M. B. Street] Subpoena, 24 October 1844 [JS et al. v. C. B. Street and M. B. Street] Docket Entry, Sustained Demurrer, 30 October 1844 [JS et al. v. C. B. Street and M. B. Street] Amended Pleas, circa 30 October 1844 [JS et al. v. C. B. Street and M. B. Street] Docket Entry, Pleas, 31 October 1844 [JS et al. v. C. B. Street and M. B. Street] Docket Entry, Motions, 1 November 1844 [JS et al. v. C. B. Street and M. B. Street] Demurrer, circa 18 May 1845 [JS et al. v. C. B. Street and M. B. Street] Docket Entry, Demurrer, 19 May 1845 [JS et al. v. C. B. Street and M. B. Street] Docket Entry, Demurrer Sustained and Overruled, 20 October 1845 [JS et al. v. C. B. Street and M. B. Street] Docket Entry, Demurrer Sustained and Leave to Amend, 21 October 1845 [JS et al. v. C. B. Street and M. B. Street] Docket Entry, Continuance, 22 May 1846 [JS et al. v. C. B. Street and M. B. Street] Docket Entry, Dismissal, 22 May 1846 [JS et al. v. C. B. Street and M. B. Street] Docket Entry, circa 22 May 1846 [JS et al. v. C. B. Street and M. B. Street] Case File Wrapper, circa May 1846 [JS et al. v. C. B. Street and M. B. Street]

Declaration, circa 7 May 1844 [JS et al. v. C. B. Street and M. B. Street]

Source Note

Bachman & Skinner on behalf of JS,
Hyrum Smith

9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; back to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co...

View Full Bio
,
George Miller

25 Nov. 1794–after July 1856. Carpenter, mill operator, lumber dealer, steamboat owner. Born near Stanardsville, Orange Co., Virginia. Son of John Miller and Margaret Pfeiffer. Moved to Augusta Co., Virginia, 1798; to Madison Co., Kentucky, 1806; to Boone...

View Full Bio
,
Peter Haws

17 Feb. 1796–1862. Farmer, miller, businessman. Born in Leeds Co., Johnstown District (later in Ontario), Upper Canada. Son of Edward Haws and Polly. Married Charlotte Harrington. Baptized into Church of Jesus Christ of Latter-day Saints. Moved to Kirtland...

View Full Bio
, and the estate of
Vinson Knight

14 Mar. 1804–31 July 1842. Farmer, druggist, school warden. Born at Norwich, Hampshire Co., Massachusetts. Son of Rudolphus Knight and Rispah (Rizpah) Lee. Married Martha McBride, July 1826. Moved to Perrysburg, Cattaraugus Co., New York, by 1830. Owned farm...

View Full Bio
, Declaration,
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, ca. [7] May 1844, JS et al. v. C. B. Street and M. B. Street (Hancock Co., IL, Circuit Court 1846); handwriting of
Onias Skinner

21 July 1817–4 Feb. 1877. Sailor, teacher, preacher, farmer, lawyer, railroad president. Born in Floyd, Oneida Co., New York. Son of Onias Skinner and Tirza. Moved to Whitestown, Oneida Co., by 1830; to Peoria Co., Illinois, 1836; and to Greenville, Darke...

View Full Bio
; docket by
Onias Skinner

21 July 1817–4 Feb. 1877. Sailor, teacher, preacher, farmer, lawyer, railroad president. Born in Floyd, Oneida Co., New York. Son of Onias Skinner and Tirza. Moved to Whitestown, Oneida Co., by 1830; to Peoria Co., Illinois, 1836; and to Greenville, Darke...

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, ca. 7 May 1844]; notation by
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], 8 May 1844; ten pages; photocopy in Historical Department, Materials Received from Mark W. Hofmann, CHL.
In 1982, the Church Historical Department (now CHL) acquired this document from Mark Hofmann.
1

Turley, Victims, 355.


Comprehensive Works Cited

Turley, Richard E., Jr. Victims: The LDS Church and the Mark Hofmann Case. Urbana: University of Illinois Press, 1992.

As was later discovered, Hofmann forged many early church history and Americana manuscripts and altered authentic documents to increase their market value; he also dealt in authentic manuscripts. In 1986, church representatives offered documents received from Hofmann to the courthouses or local government agencies where they may have originated, and this document was returned to the circuit court.
2

Turley, Victims, 346.


Comprehensive Works Cited

Turley, Richard E., Jr. Victims: The LDS Church and the Mark Hofmann Case. Urbana: University of Illinois Press, 1992.

A collection was created in 1995 to collate forged and suspect documents acquired from Hofmann directly or indirectly through other donors and included both manuscripts and photocopies of documents that were returned to government institutions in 1986.
3

See the full bibliographic entry for Materials Received from Mark W. Hofmann, 1980–1985, in the CHL catalog.


Comprehensive Works Cited

Historical Department. Materials Received from Mark W. Hofmann, 1980–1985. CHL. CR 100 306.

Since there is no provenance information definitively dating this document prior to its possession by Hofmann and there is no indication the document underwent forensic testing, it cannot be conclusively authenticated.

Footnotes

  1. [1]

    Turley, Victims, 355.

    Turley, Richard E., Jr. Victims: The LDS Church and the Mark Hofmann Case. Urbana: University of Illinois Press, 1992.

  2. [2]

    Turley, Victims, 346.

    Turley, Richard E., Jr. Victims: The LDS Church and the Mark Hofmann Case. Urbana: University of Illinois Press, 1992.

  3. [3]

    See the full bibliographic entry for Materials Received from Mark W. Hofmann, 1980–1985, in the CHL catalog.

    Historical Department. Materials Received from Mark W. Hofmann, 1980–1985. CHL. CR 100 306.

Historical Introduction

See Introduction to JS et al. v. C. B. Street and M. B. Street.
Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. Promissory Note from Charles B. Street and Marvin B. Street, 17 February 1841
Declaration, circa 7 May 1844 [ JS et al. v. C. B. Street and M. B. Street ]

Page [1]

State of Illinois) Ss [scilicet]
Hancock 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
)
In the
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
Circuit Court To the May Term AD 1844.
Joseph Smith, and
Hyrum Smith

9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; back to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co...

View Full Bio
and
George Miller

25 Nov. 1794–after July 1856. Carpenter, mill operator, lumber dealer, steamboat owner. Born near Stanardsville, Orange Co., Virginia. Son of John Miller and Margaret Pfeiffer. Moved to Augusta Co., Virginia, 1798; to Madison Co., Kentucky, 1806; to Boone...

View Full Bio
and
Peter Hawes [Haws]

17 Feb. 1796–1862. Farmer, miller, businessman. Born in Leeds Co., Johnstown District (later in Ontario), Upper Canada. Son of Edward Haws and Polly. Married Charlotte Harrington. Baptized into Church of Jesus Christ of Latter-day Saints. Moved to Kirtland...

View Full Bio
Complain of Charles B. Street and Marvin B. Street and Robert F. Smith in a plea of
assumpsit

An action brought to recover damages for breach of a simple contract or for the recovery of money, but not done under seal or by matter of record. Assumpsit was a form of trespass on the case.

View Glossary
for thus whereas, heretofore, to wit, on the seventeenth day of February AD 1841, at 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
the said Charles B. Street and Marvin B. Street were partners in trade under the style of “C. B. & M. B. Street” and the said Charles B. Street and Marvin B. Street, so being partners, and the said Robert F. Smith on the said seventeenth day of February AD 1841. at <​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
, to wit, at the said 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
made a certain promissory note, in writing, and delivered the same to the said Joseph Smith,
Hyrum Smith

9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; back to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co...

View Full Bio
,
George Miller

25 Nov. 1794–after July 1856. Carpenter, mill operator, lumber dealer, steamboat owner. Born near Stanardsville, Orange Co., Virginia. Son of John Miller and Margaret Pfeiffer. Moved to Augusta Co., Virginia, 1798; to Madison Co., Kentucky, 1806; to Boone...

View Full Bio
,
Peter Hawes

17 Feb. 1796–1862. Farmer, miller, businessman. Born in Leeds Co., Johnstown District (later in Ontario), Upper Canada. Son of Edward Haws and Polly. Married Charlotte Harrington. Baptized into Church of Jesus Christ of Latter-day Saints. Moved to Kirtland...

View Full Bio
and one
Vinson Knight

14 Mar. 1804–31 July 1842. Farmer, druggist, school warden. Born at Norwich, Hampshire Co., Massachusetts. Son of Rudolphus Knight and Rispah (Rizpah) Lee. Married Martha McBride, July 1826. Moved to Perrysburg, Cattaraugus Co., New York, by 1830. Owned farm...

View Full Bio
(and the said Joseph Smith,
Hyrum Smith

9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; back to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co...

View Full Bio
,
George Miller

25 Nov. 1794–after July 1856. Carpenter, mill operator, lumber dealer, steamboat owner. Born near Stanardsville, Orange Co., Virginia. Son of John Miller and Margaret Pfeiffer. Moved to Augusta Co., Virginia, 1798; to Madison Co., Kentucky, 1806; to Boone...

View Full Bio
, and
Peter Hawes

17 Feb. 1796–1862. Farmer, miller, businessman. Born in Leeds Co., Johnstown District (later in Ontario), Upper Canada. Son of Edward Haws and Polly. Married Charlotte Harrington. Baptized into Church of Jesus Christ of Latter-day Saints. Moved to Kirtland...

View Full Bio
aver that after the making and delivering of said note and before the commencement of this suit, to wit on the <​seventeenth​> day of <​June—​> AD 184<​2​> <​the said
Vinson Knight

14 Mar. 1804–31 July 1842. Farmer, druggist, school warden. Born at Norwich, Hampshire Co., Massachusetts. Son of Rudolphus Knight and Rispah (Rizpah) Lee. Married Martha McBride, July 1826. Moved to Perrysburg, Cattaraugus Co., New York, by 1830. Owned farm...

View Full Bio
​> departed this life) and thereby <​then and there​> under the style of said firm of “C. B. & M. B. Street” and the said Robert F. Smith by his proper name of Robert F. Smith jointly and severally promised to pay the said Joseph Smith,
Hyrum Smith

9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; back to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co...

View Full Bio
,
George Miller

25 Nov. 1794–after July 1856. Carpenter, mill operator, lumber dealer, steamboat owner. Born near Stanardsville, Orange Co., Virginia. Son of John Miller and Margaret Pfeiffer. Moved to Augusta Co., Virginia, 1798; to Madison Co., Kentucky, 1806; to Boone...

View Full Bio
,
Peter Hawes

17 Feb. 1796–1862. Farmer, miller, businessman. Born in Leeds Co., Johnstown District (later in Ontario), Upper Canada. Son of Edward Haws and Polly. Married Charlotte Harrington. Baptized into Church of Jesus Christ of Latter-day Saints. Moved to Kirtland...

View Full Bio
and the said
Vinson Knight

14 Mar. 1804–31 July 1842. Farmer, druggist, school warden. Born at Norwich, Hampshire Co., Massachusetts. Son of Rudolphus Knight and Rispah (Rizpah) Lee. Married Martha McBride, July 1826. Moved to Perrysburg, Cattaraugus Co., New York, by 1830. Owned farm...

View Full Bio
since deceased, or to thus order, on the first day of June thereafter, to wit, on the first day of June A D 1841, three thousand one hundred and thirty three dollars and sixty-two cents at
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 County Illinois​>, to wit, at
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
in the said 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
, in manner and form follo [p. [1]]
View entire transcript

|

Cite this page

Source Note

Document Transcript

Page [1]

Document Information

Related Case Documents
Editorial Title
Declaration, circa 7 May 1844 [JS et al. v. C. B. Street and M. B. Street]
ID #
4095
Total Pages
10
Print Volume Location
Handwriting on This Page
  • Onias Skinner

© 2024 by Intellectual Reserve, Inc. All rights reserved.Terms of UseUpdated 2021-04-13Privacy NoticeUpdated 2021-04-06