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Introduction to Russell v. JS et al. Bill in Chancery, circa 19 June 1843 [Russell v. JS et al.] Subpoena, 20 June 1843–A [Russell v. JS et al.] Subpoena, 20 June 1843–B [Russell v. JS et al.] Subpoena, 20 June 1843–C [Russell v. JS et al.] Notice, 14 July 1843 [Russell v. JS et al.] Docket Entry, Decree, 18 March 1844 [Russell v. JS et al.] Transcript of Proceedings, circa 18 March 1844 [Russell v. JS et al.] Docket Entry, Costs, circa 18 March 1844 [Russell v. JS et al.] Docket Entry, Cost Bill, circa 18 March 1844 [Russell v. JS et al.] Order of Sale, 23 April 1844 [Russell v. JS et al.] Notice, 1 May 1844 [Russell v. JS et al.] Docket Entry, Order of Sale and Return, circa June 1844 [Russell v. JS et al.] Docket Entry, Motion, 5 June 1846 [Russell v. JS et al.] Deed, 10 July 1846 [Russell v. JS et al.]

Deed, 10 July 1846 [Russell v. JS et al.]

Source Note

Jabez A. Tracy on behalf of JS,
Reynolds Cahoon

30 Apr. 1790–29 Apr. 1861. Farmer, tanner, builder. Born at Cambridge, Washington Co., New York. Son of William Cahoon Jr. and Mehitable Hodges. Married Thirza Stiles, 11 Dec. 1810. Moved to northeastern Ohio, 1811. Located at Harpersfield, Ashtabula Co.,...

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, and
Jacob Bump

1791–by 10 Oct. 1865. Brickmason, plasterer, carpenter, mechanic, farmer, craftsman. Born at Butternuts, Otsego Co., New York. Son of Asa Bump and Lydia Dandley. Married Abigail Pettingill, ca. 1811. Moved to Meadville, Crawford Co., Pennsylvania, by 1826...

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, Deed for property in
Kirtland Township

Located ten miles south of Lake Erie. Settled by 1811. Organized by 1818. Latter-day Saint missionaries visited township, early Nov. 1830; many residents joined Church of Jesus Christ of Latter-day Saints. Population in 1830 about 55 Latter-day Saints and...

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, Geauga Co., OH, to
Alpheus Russell

7 Apr. 1795–21 Oct. 1861. Farmer, teacher, justice of the peace. Born in Middlefield, Hampshire Co., Massachusetts. Son of Alpheus Russell and Rebekah Clark. Married Elizabeth Conant, 28 May 1818, in Becket, Berkshire Co., Massachusetts. Congregationalist...

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, 10 July 1846; Lake County Deed Record, vol. E, pp. 43–44; handwriting of Benjamin D. Chesney; Lake County Recorder’s Office, Painesville, OH. Includes seal.

Historical Introduction

See Introduction to Russell v. JS et al.

Page 43

Joseph Smith jr pr Sheriff to
Alpheus C Russel[l]

7 Apr. 1795–21 Oct. 1861. Farmer, teacher, justice of the peace. Born in Middlefield, Hampshire Co., Massachusetts. Son of Alpheus Russell and Rebekah Clark. Married Elizabeth Conant, 28 May 1818, in Becket, Berkshire Co., Massachusetts. Congregationalist...

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. Deed.
To all People to whom these Presents shall come Greeting. Whereas in a certain suit in
Chancery

The court of chancery, also known as equity, emerged in fourteenth-century England as an alternative to the common law courts, which over preceding centuries had developed complicated and strict rules of procedure, governed by precedent. Partial compliance...

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lately pending in the Court of Common Pleas within & for the County of Lake & State of
Ohio

French explored and claimed area, 1669. British took possession following French and Indian War, 1763. Ceded to U.S., 1783. First permanent white settlement established, 1788. Northeastern portion maintained as part of Connecticut, 1786, and called Connecticut...

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wherein
Alpheus C Russel

7 Apr. 1795–21 Oct. 1861. Farmer, teacher, justice of the peace. Born in Middlefield, Hampshire Co., Massachusetts. Son of Alpheus Russell and Rebekah Clark. Married Elizabeth Conant, 28 May 1818, in Becket, Berkshire Co., Massachusetts. Congregationalist...

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was complainant and Joseph Smith jr & others were Respondents such proceedings were had that said Court of Common Pleas at their Term of March A D 1844 did decree therein that said Joseph Smith jr,
Reynolds Cahoon

30 Apr. 1790–29 Apr. 1861. Farmer, tanner, builder. Born at Cambridge, Washington Co., New York. Son of William Cahoon Jr. and Mehitable Hodges. Married Thirza Stiles, 11 Dec. 1810. Moved to northeastern Ohio, 1811. Located at Harpersfield, Ashtabula Co.,...

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&
Jacob Bump

1791–by 10 Oct. 1865. Brickmason, plasterer, carpenter, mechanic, farmer, craftsman. Born at Butternuts, Otsego Co., New York. Son of Asa Bump and Lydia Dandley. Married Abigail Pettingill, ca. 1811. Moved to Meadville, Crawford Co., Pennsylvania, by 1826...

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within thirty days from the rising of said Court at its Term aforesaid pay to said
Alpheus C Russel

7 Apr. 1795–21 Oct. 1861. Farmer, teacher, justice of the peace. Born in Middlefield, Hampshire Co., Massachusetts. Son of Alpheus Russell and Rebekah Clark. Married Elizabeth Conant, 28 May 1818, in Becket, Berkshire Co., Massachusetts. Congregationalist...

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the sum of Sixteen thousand four hundred nine dollars & sixty one cents ($16409.61 with interest thereon from the first day of said Term together with the costs of said suit & in default of such payment that the
Sheriff

11 Dec. 1800–6 July 1882. Sheriff, merchant, hatter, postmaster. Born at Cummington, Hampshire Co., Massachusetts. Son of Calvin Bates and Rebecca Pool. Married first Annas Tirrill, 6 Nov. 1823, at Cummington. Sheriff of Lake Co., Ohio, 1840–1844. Levied ...

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of said Court proceed & cause the lands in the Bill in said cause described as mortgaged to said
Alpheus C Russel

7 Apr. 1795–21 Oct. 1861. Farmer, teacher, justice of the peace. Born in Middlefield, Hampshire Co., Massachusetts. Son of Alpheus Russell and Rebekah Clark. Married Elizabeth Conant, 28 May 1818, in Becket, Berkshire Co., Massachusetts. Congregationalist...

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to be appraised advertised & sold as upon judgments at law and that from the proceeds thereof he pay first the costs of said suit second said sum of Sixteen thousand four hundred nine dollars sixty one cents with interest thereon from the first day of said Term to said
complainant

7 Apr. 1795–21 Oct. 1861. Farmer, teacher, justice of the peace. Born in Middlefield, Hampshire Co., Massachusetts. Son of Alpheus Russell and Rebekah Clark. Married Elizabeth Conant, 28 May 1818, in Becket, Berkshire Co., Massachusetts. Congregationalist...

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and that the balance he bring into Court.
And whereas afterwards to wit on the 23d day of April AD 1844 an order of sale issued out of the Office of the
Clerk

Ca. 1812–11 Sept. 1853. Farmer, merchant, county clerk, American consul. Born in Vermont. Son of John Howden and Mary Smith. Moved to Geauga Co., Ohio, by Oct. 1836, and opened a dry goods store. Served as Geauga Co. clerk, 1840–1846. Married Elizabeth M....

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of said Court in due form of law under the seal of said Court directed to the
Sheriff

11 Dec. 1800–6 July 1882. Sheriff, merchant, hatter, postmaster. Born at Cummington, Hampshire Co., Massachusetts. Son of Calvin Bates and Rebecca Pool. Married first Annas Tirrill, 6 Nov. 1823, at Cummington. Sheriff of Lake Co., Ohio, 1840–1844. Levied ...

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of said County reciting said decree and commanding him to expose to sale said mortgaged premises under the Statute regulating sales on
execution

“The act of carrying into effect the final judgment of a court, or other jurisdiction. The writ which authorises the officer so to carry into effect such judgment is also called an execution. . . . Executions are either to recover specific things, or money...

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which order of sale was afterwards to wit on the day & year last aforesaid delivered to
Luther P Bates

11 Dec. 1800–6 July 1882. Sheriff, merchant, hatter, postmaster. Born at Cummington, Hampshire Co., Massachusetts. Son of Calvin Bates and Rebecca Pool. Married first Annas Tirrill, 6 Nov. 1823, at Cummington. Sheriff of Lake Co., Ohio, 1840–1844. Levied ...

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then Sheriff of said County of Lake for execution by virtue of & in obedience to the command of which as Sheriff as aforesaid caused said lands to be duly appraised by three judicious disinterested freeholders of said County under oath who returned to him as Sheriff as aforesaid the appraisal thereof in writing a copy of which he forthwith deposited in the Office of the
Clerk

Ca. 1812–11 Sept. 1853. Farmer, merchant, county clerk, American consul. Born in Vermont. Son of John Howden and Mary Smith. Moved to Geauga Co., Ohio, by Oct. 1836, and opened a dry goods store. Served as Geauga Co. clerk, 1840–1846. Married Elizabeth M....

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of said Court, he then as Sheriff as aforesaid on the 1st day of May AD 1844 gave public notice by advertisement published in the Painesville Telegraph a newspaper printed & published & in general circulation in said County which notice was continued in said newspaper from week to week for more than thirty days next preceding the day of sale hereinafter mentioned that he should offer said premises in said order of sale described at public vendue at the Court house in
Painesville

Located on Grand River twelve miles northeast of Kirtland. Created and settled, 1800. Originally named Champion. Flourished economically from harbor on Lake Erie and as major route of overland travel for western emigration. Included Painesville village; laid...

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in said County on the 11th day of June AD 1844 between the hours of 10 Oclock AM & 4 Oclock PM of said day, on which said day & between said hours a[t] the Court house aforesaid pursuant to said notice he as Sheriff as aforesaid offered for sale at public vendue said premises in said order of sale described and then & there duly struck off and sold the same to said
Alpheus C Russel

7 Apr. 1795–21 Oct. 1861. Farmer, teacher, justice of the peace. Born in Middlefield, Hampshire Co., Massachusetts. Son of Alpheus Russell and Rebekah Clark. Married Elizabeth Conant, 28 May 1818, in Becket, Berkshire Co., Massachusetts. Congregationalist...

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on his bid therefor at & for the sum of one thousand five hundred & eighty four dollars ($1584) the same being the highest & best bid offered therefor & two thirds the appraised value thereof which said lands are described as follows to wit: situate in
Kirtland

Located ten miles south of Lake Erie. Settled by 1811. Organized by 1818. Latter-day Saint missionaries visited township, early Nov. 1830; many residents joined Church of Jesus Christ of Latter-day Saints. Population in 1830 about 55 Latter-day Saints and...

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being Township No nine (9) in the ninth (9) Range of Townships of the
Connecticut Western Reserve

Also known as New Connecticut or Connecticut Reserve. Approximately three million acres in northeastern part of present-day Ohio. Claimed as part of Connecticut, 1786. Connecticut granted jurisdiction of reserve to U.S. government, 1800. Population in 1820...

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in the State of
Ohio

French explored and claimed area, 1669. British took possession following French and Indian War, 1763. Ceded to U.S., 1783. First permanent white settlement established, 1788. Northeastern portion maintained as part of Connecticut, 1786, and called Connecticut...

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& which was formerly in the County of
Geauga

Located in northeastern Ohio, south of Lake Erie. Rivers in area include Grand, Chagrin, and Cuyahoga. Settled mostly by New Englanders, beginning 1798. Formed from Trumbull Co., 1 Mar. 1806. Chardon established as county seat, 1808. Population in 1830 about...

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but now in said County of Lake and known as lot No thirteen (13) parts of Twelve (12) & Fourteen (14) in Tract No two (2) in said
Township

Located ten miles south of Lake Erie. Settled by 1811. Organized by 1818. Latter-day Saint missionaries visited township, early Nov. 1830; many residents joined Church of Jesus Christ of Latter-day Saints. Population in 1830 about 55 Latter-day Saints and...

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& is bounded as follows to wit; Beginning at the south west corner of land formerly owned by
Ebenezer Jennings

ca. Dec. 1793–20 Aug. 1868. Born in Vermont. Served in War of 1812. Married Electa Willard, by ca. 1819. Moved to Geauga Co., Ohio, by 1823; to Nauvoo, Hancock Co., Illinois, by May 1842; and to Genesee Co., Michigan. Died in Genesee Co.

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, thence East on said
Jennings

ca. Dec. 1793–20 Aug. 1868. Born in Vermont. Served in War of 1812. Married Electa Willard, by ca. 1819. Moved to Geauga Co., Ohio, by 1823; to Nauvoo, Hancock Co., Illinois, by May 1842; and to Genesee Co., Michigan. Died in Genesee Co.

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line to lands owned by Mr Hyde, then south on said Hydes line to lot No thirteen (13) thence East & south by said Hyde to the public highway. then southwesterly & westerly along said highway to the meeting house lot, then Northerly to the line of lot No thirteen (13) thence to the south west corner of <​sd​> lot No thirteen (13) thence along the public highway leading from
Kirtland

Located ten miles south of Lake Erie. Settled by 1811. Organized by 1818. Latter-day Saint missionaries visited township, early Nov. 1830; many residents joined Church of Jesus Christ of Latter-day Saints. Population in 1830 about 55 Latter-day Saints and...

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to
Chester

Surveyed 1796 and 1801. Area settled, 1801–1802. Initially called Wooster. Name changed to Chester and officially incorporated as township, 1816. Population in 1830 about 550. Population in 1840 about 960. JS purchased land for store in Chester, 1836–1837...

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to the place of beginning containing one hundred thirty two acres & four hundredths of an acre of land. And whereas afterwards to wit at the next Term of said Court to wit the June Term thereof AD 1844 the said
Luther P Bates

11 Dec. 1800–6 July 1882. Sheriff, merchant, hatter, postmaster. Born at Cummington, Hampshire Co., Massachusetts. Son of Calvin Bates and Rebecca Pool. Married first Annas Tirrill, 6 Nov. 1823, at Cummington. Sheriff of Lake Co., Ohio, 1840–1844. Levied ...

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as Sheriff as aforesaid made return of said order of sale with his official report in writing [p. 43]
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Source Note

Document Transcript

Page 43

Document Information

Related Case Documents

Russell v. JS et al., Lake Co., OH, Court of Common Pleas, 18 March 1844

Editorial Title
Deed, 10 July 1846 [Russell v. JS et al.]
ID #
5613
Total Pages
2
Print Volume Location
Handwriting on This Page
  • Benjamin D. Chesney

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