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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...

More Info
, 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 [3]

hundred Dollars with interest at six per cent per annum for value received— Which notes were regularly assigned by the Said Joseph Smith to the Said Plaintiff
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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by means of which premises and by virtue of the Said assignment <​and by force of the Statute in such Cases made & Provided​> 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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became Liable to Pay to the said
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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the Said Sum of money in the Said notes Specified according to the tenor and Effect of the Said Promissory notes Yet 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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hath wholly Disregarded his said promises and hath not paid the said Sum of money in the Said notes Specified nor any part thereof although often requested So to do but hath hitherto refused and Still doth refuse to the damage of the Said Plaintiff three hundred & fifty Dollars therefor he brings this Suit—
Geo P. 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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P. Q,
 

Docket and notation in handwriting of David E. Head.


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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ass[ign]ee of Joseph Smith
vs) Declaration
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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Filed May 9 1844

Signature of Jacob B. Backenstos.


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
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Source Note

Document Transcript

Page [3]

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
  • David E. Head
  • Jacob B. Backenstos

Footnotes

  1. new scribe logo

    Docket and notation in handwriting of David E. Head.

  2. new scribe logo

    Signature of Jacob B. Backenstos.

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