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Introduction to Phelps, Assignee of JS v. Wilson Law Promissory Note from Wilson Law, 24 January 1842–A Promissory Note from Wilson Law, 24 January 1842–B Summons, 4 May 1844 [Phelps, Assignee of JS v. Wilson Law] Declaration, circa 8 May 1844 [Phelps, Assignee of JS v. Wilson Law] Subpoena, 16 May 1844 [Phelps, Assignee of JS v. Wilson Law] Affidavit, 20 May 1844 [Phelps, Assignee of JS v. Wilson Law] Docket Entry, Motion, 20 May 1844 [Phelps, Assignee of JS v. Wilson Law] Docket Entry, Continuance and Order to Plead, 21 May 1844 [Phelps, Assignee of JS v. Wilson Law] Docket Entry, Leave to Amend Declaration, 22 May 1844 [Phelps, Assignee of JS v. Wilson Law] Docket Entry, Leave to Open Depositions, 22 October 1844 [Phelps, Assignee of JS v. Wilson Law] Account, circa 23 October 1844 [Phelps, Assignee of JS v. Wilson Law] Docket Entry, Leave to Plead, 24 October 1844 [Phelps, Assignee of JS v. Wilson Law] Docket Entry, Pleas, 24 October 1844 [Phelps, Assignee of JS v. Wilson Law] Affidavit, 1 November 1844–A [Phelps, Assignee of JS v. Wilson Law] Affidavit, 1 November 1844–B [Phelps, Assignee of JS v. Wilson Law] Docket Entry, Continuance and Costs, 1 November 1844 [Phelps, Assignee of JS v. Wilson Law] Docket Entry, Fieri Facias, between 1 November 1844 and circa 17 February 1845 [Phelps, Assignee of JS v. Wilson Law] Docket Entry, Fee Bill, between 22 November 1844 and circa 17 February 1845 [Phelps, Assignee of JS v. Wilson Law] Docket Entry, Security for Costs, 19 May 1845 [Phelps, Assignee of JS v. Wilson Law] Docket Entry, Nonsuit and Withdrawal of Papers, 21 May 1845 [Phelps, Assignee of JS v. Wilson Law] Docket Entry, circa 21 May 1845 [Phelps, Assignee of JS v. Wilson Law] Affidavit, 26 May 1845 [Phelps, Assignee of JS v. Wilson Law] Affidavit, 27 May 1845 [Phelps, Assignee of JS v. Wilson Law] Docket Entry, Fieri Facias, between 21 May and circa 4 August 1845 [Phelps, Assignee of JS v. Wilson Law] Certificate, 11 May 1846 [Phelps, Assignee of JS v. Wilson Law] Certificate, 11 May 1846, as Recorded in Old Certificates of Purchase, Levy, and Redemption [Phelps, Assignee of JS v. Wilson Law] Docket Entry, Alias Fee Bill, between 16 February and circa 11 May 1846 [Phelps, Assignee of JS v. Wilson Law] Praecipe, 28 May 1846 [Phelps, Assignee of JS v. Wilson Law] Docket Entry, Alias Fieri Facias, between 2 June and circa 4 July 1846 [Phelps, Assignee of JS v. Wilson Law] Docket Entry, Alias Fieri Facias, between 4 June and circa 4 July 1846 [Phelps, Assignee of JS v. Wilson Law] Certificate, 5 May 1847 [Phelps, Assignee of JS v. Wilson Law]

Declaration, circa 8 May 1844 [Phelps, Assignee of JS v. Wilson Law]

Source Note

George Stiles

18 July 1816–Sept. 1885. Attorney, judge, politician. Born in Watertown, Jefferson Co., New York. Son of John Stiles and Persis Cole. Moved to Le Ray, Jefferson Co., by 1820. Moved to Pamela, Jefferson Co., by 1830. Married first Julian Mackemer, 7 Nov. 1841...

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on behalf of
William W. Phelps

17 Feb. 1792–7 Mar. 1872. Writer, teacher, printer, newspaper editor, publisher, postmaster, lawyer. Born at Hanover, Morris Co., New Jersey. Son of Enon Phelps and Mehitabel Goldsmith. Moved to Homer, Cortland Co., New York, 1800. Married Sally Waterman,...

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assignee of JS, 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. [8] May 1844, Phelps, Assignee of JS v. Wilson Law (Hancock Co., IL, Circuit Court 1843); handwriting of
George Stiles

18 July 1816–Sept. 1885. Attorney, judge, politician. Born in Watertown, Jefferson Co., New York. Son of John Stiles and Persis Cole. Moved to Le Ray, Jefferson Co., by 1820. Moved to Pamela, Jefferson Co., by 1830. Married first Julian Mackemer, 7 Nov. 1841...

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; docket and notation by
David E. Head

27 Apr. 1818–1 May 1877. Clerk, merchant. Born in Washington Co., Kentucky. Moved to Macomb, McDonough Co., Illinois, ca. 1834. Deputy clerk of McDonough Co. Deputy clerk of Hancock Co., Illinois, circuit court, by 16 May 1843. Clerk of Hancock Co. Circuit...

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with signature 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...

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, [
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], 9 May 1844; four pages; Hancock County Courthouse, Carthage, IL; microfilm 1,637,612 at FHL.
This document was presumably filed at the Hancock County Circuit Court in
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...

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, Illinois, in 1844. Sometime in the ensuing decades, it was removed from the custody of the court. In 1976, the Church Historical Department (now CHL) acquired the document from Sam Weller’s Zion Book Store, a store operated by Sam and Lila Weller in Salt Lake City.
1

See folder for Declaration, ca. 8 May 1844, in Hancock County, IL, Probate and Court Records, ca. 1850–1963, item 3, Miscellaneous Court Records, ca. 1827–1839, microfilm 1,637,612,U.S. and Canada Record Collection, FHL; Acquisition Sheet and Instrument of Gift, 31 Aug. 1976, 76–327, Nineteenth-Century Legal Documents Collection, CHL.


Comprehensive Works Cited

U.S. and Canada Record Collection. FHL.

Historical Department. Nineteenth-Century Legal Documents Collection, ca. 1825–1890. CHL. CR 100 339.

In 1986, the Church Historical Department returned this and many other legal documents to the Hancock County Circuit Court.
2

See full bibliographic entry for Nineteenth-Century Legal Documents Collection, 1829–1973, CHL; Turley, Victims, 346.


Comprehensive Works Cited

Historical Department. Nineteenth-Century Legal Documents Collection, ca. 1825–1890. CHL. CR 100 339.

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

In 1989, the Genealogical Society of Utah (now FHL) microfilmed the document at the Hancock County courthouse.
3

Hancock County, IL, Probate and Court Records, ca. 1850–1963, item 3, Miscellaneous Court Records, ca. 1827–1839, microfilm 1,637,612, U.S. and Canada Record Collection, FHL.


Comprehensive Works Cited

U.S. and Canada Record Collection. FHL.

Footnotes

  1. [1]

    See folder for Declaration, ca. 8 May 1844, in Hancock County, IL, Probate and Court Records, ca. 1850–1963, item 3, Miscellaneous Court Records, ca. 1827–1839, microfilm 1,637,612,U.S. and Canada Record Collection, FHL; Acquisition Sheet and Instrument of Gift, 31 Aug. 1976, 76–327, Nineteenth-Century Legal Documents Collection, CHL.

    U.S. and Canada Record Collection. FHL.

    Historical Department. Nineteenth-Century Legal Documents Collection, ca. 1825–1890. CHL. CR 100 339.

  2. [2]

    See full bibliographic entry for Nineteenth-Century Legal Documents Collection, 1829–1973, CHL; Turley, Victims, 346.

    Historical Department. Nineteenth-Century Legal Documents Collection, ca. 1825–1890. CHL. CR 100 339.

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

  3. [3]

    Hancock County, IL, Probate and Court Records, ca. 1850–1963, item 3, Miscellaneous Court Records, ca. 1827–1839, microfilm 1,637,612, U.S. and Canada Record Collection, FHL.

    U.S. and Canada Record Collection. FHL.

Historical Introduction

See Introduction to Phelps, Assignee of JS v. Wilson Law.
Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. Promissory Note from Wilson Law, 24 January 1842–B Promissory Note from Wilson Law, 24 January 1842–B, Copy Promissory Note from Wilson Law, 24 January 1842–A Promissory Note from Wilson Law, 24 January 1842–A, Copy
Declaration, circa 8 May 1844 [ Phelps, Assignee of JS v. Wilson Law ]

Page [1]

State of Illinois)
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 of the May Term A.D. 1844
W[illiam] W. Phelps

17 Feb. 1792–7 Mar. 1872. Writer, teacher, printer, newspaper editor, publisher, postmaster, lawyer. Born at Hanover, Morris Co., New Jersey. Son of Enon Phelps and Mehitabel Goldsmith. Moved to Homer, Cortland Co., New York, 1800. Married Sally Waterman,...

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Assignee)
This is an action of
Trespass on the Case

A legal writ that permits an individual to sue for damages for wrongs committed without force. This action is sometimes referred to as simply “case.” Trespass on the case was a broad category that encompassed more specific common law actions such as assumpsit...

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on Promises—
of Joseph Smith)
Vs)
Wilson Law

26 Feb. 1806–15 Oct. 1876. Merchant, millwright, land speculator, farmer. Born in Ireland. Son of Richard Law and Ann Hunter. Immigrated to U.S. and settled in Springfield Township, Mercer Co., Pennsylvania, by 1820. Moved to Delaware Township, Mercer Co....

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)
Damages $350,
Wilson Law

26 Feb. 1806–15 Oct. 1876. Merchant, millwright, land speculator, farmer. Born in Ireland. Son of Richard Law and Ann Hunter. Immigrated to U.S. and settled in Springfield Township, Mercer Co., Pennsylvania, by 1820. Moved to Delaware Township, Mercer Co....

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was Summoned to answer the Complaint of
W. W. Phelps

17 Feb. 1792–7 Mar. 1872. Writer, teacher, printer, newspaper editor, publisher, postmaster, lawyer. Born at Hanover, Morris Co., New Jersey. Son of Enon Phelps and Mehitabel Goldsmith. Moved to Homer, Cortland Co., New York, 1800. Married Sally Waterman,...

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assignee of Joseph Smith in a Plea of Trespass on the Case on promises For that whereas heretofore Towit on the 24th Day of January A.D. 1844 <​1842​> at
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....

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Towit in Said County the Said
Wilson Law

26 Feb. 1806–15 Oct. 1876. Merchant, millwright, land speculator, farmer. Born in Ireland. Son of Richard Law and Ann Hunter. Immigrated to U.S. and settled in Springfield Township, Mercer Co., Pennsylvania, by 1820. Moved to Delaware Township, Mercer Co....

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made his two Certain promissory notes in writing of that date and then and there in one of said Promissory notes Promised to Pay to Joseph Smith or Bearer on or before the 24th Day of January A.D. 1844 Two hundred Dollars with interest at Six per cent per Annum. for value received, And by the other Promissory note he the Said
Wilson Law

26 Feb. 1806–15 Oct. 1876. Merchant, millwright, land speculator, farmer. Born in Ireland. Son of Richard Law and Ann Hunter. Immigrated to U.S. and settled in Springfield Township, Mercer Co., Pennsylvania, by 1820. Moved to Delaware Township, Mercer Co....

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Promised to pay to Joseph Smith or Bearer Two hundred Dollars on or before the 24th Day of January A.D. 1843 with interest at <​Six​> [illegible]
1

TEXT: Possibly “twente”.


per cent per annum for value received—
and then and there delivered the Said promissory notes in writing to the Said Joseph Smith, and thereby promised to pay to the Said Joseph Smith or bearer the Said Sum of money in the Said notes [p. [1]]
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Source Note

Document Transcript

Page [1]

Document Information

Related Case Documents
Editorial Title
Declaration, circa 8 May 1844 [Phelps, Assignee of JS v. Wilson Law]
ID #
4171
Total Pages
4
Print Volume Location
Handwriting on This Page
  • George Stiles

Footnotes

  1. [1]

    TEXT: Possibly “twente”.

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