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Deed from Ethan Kimball, 20 June 1842

Source Note

Hiram Kimball

31 May 1806–27 Apr. 1863. Merchant, iron foundry operator, mail carrier. Born in West Fairlee, Orange Co., Vermont. Son of Phineas Kimball and Abigail. Moved to Commerce (later Nauvoo), Hancock Co., Illinois, 1833, and established several stores. Married ...

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, agent, on behalf of Ethan Kimball, Deed for property in
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 JS, 20 June 1842. Featured version copied 27 June 1842 in Hancock Co., IL, Deed Records, vol. K, pp. 329–330; unidentified handwriting; Hancock County Recorder’s Office, Carthage, IL; microfilm at Family History Library.
The deed was recorded in Hancock County Deed Book K, the original physical dimensions of which are unknown. The volume contained 294 leaves (588 pages) and endpaper, now measuring 16⅜ × 10½ inches (42 × 27 cm). Nothing is known of the original binding, but by 1974 the volume was rebound and covered in white canvas, with “DEED RECORD | K | HANCOCK COUNTY” stamped in ink on the spine.
1

Hancock Co., IL, Deed Records, 1817–1917, vol. K, 1841–1842, microfilm 954,599, U.S. and Canada Record Collection, FHL.


Comprehensive Works Cited

U.S. and Canada Record Collection. FHL.

A twenty-four-leaf (forty-eight-page) index in an unknown hand was inserted in the front of the volume, presumably around the same time. At an unknown time, the text block and index were cut from the new binding, inserted into individual Mylar sleeves, and placed in a metal-and-board binder with a red exterior. The binder measures 18½ × 13 × 3¾ inches (47 × 33 × 10 cm). The volume contains handwritten deeds recorded 11 December 1841 to 2 June 1842.
The volume has remained in the continuous custody of the
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
, Illinois, recorder since its creation.

Footnotes

  1. [1]

    Hancock Co., IL, Deed Records, 1817–1917, vol. K, 1841–1842, microfilm 954,599, U.S. and Canada Record Collection, FHL.

    U.S. and Canada Record Collection. FHL.

Historical Introduction

On 20 June 1842, JS received a deed completing a land transaction with Ethan Kimball—a
Vermont

Area served as early thoroughfare for traveling Indian tribes. French explored area, 1609, and erected fort on island in Lake Champlain, 1666. First settled by Massachusetts emigrants, 1724. Claimed by British colonies of New York and New Hampshire, but during...

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resident who speculated in
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
land—for 480 acres approximately four miles east 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
, Illinois. Six days earlier, JS had traveled with
Emma Smith

10 July 1804–30 Apr. 1879. Scribe, editor, boardinghouse operator, clothier. Born at Willingborough Township (later in Harmony), Susquehanna Co., Pennsylvania. Daughter of Isaac Hale and Elizabeth Lewis. Member of Methodist church at Harmony (later in Oakland...

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to the property, which included what he and others commonly called “the mound,” to assess the land.
1

The mound was located in the prairie east of Nauvoo, an area where JS already owned land and where he often liked to ride. The property was characterized by its natural rise in elevation. JS’s journal noted that he purchased “3/4 Sections of Land of Hiram Kimball” on 14 June 1842; the deed completing the purchase was not signed until 20 June. (JS, Journal, 14 June 1842; see also JS, Journal, 3 and 6–7 June 1842.)


As part of this transaction, JS purchased three quarter-sections of land east of Nauvoo for $1,500.
2

The purchases included the southwest quarter of section 25 and two contiguous quarters in sections 26 and 35.


The purchase extended JS’s landholdings of the prairie land near Nauvoo, allowing him to provide land to the growing number of Latter-day Saints
gathering

As directed by early revelations, church members “gathered” in communities. A revelation dated September 1830, for instance, instructed elders “to bring to pass the gathering of mine elect” who would “be gathered in unto one place, upon the face of this land...

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to the area while at the same time giving him an opportunity to potentially profit from the resale of the property.
In 1838 Ethan Kimball had granted power of attorney over “all the real estate of which [he] possessed or own[ed]” in
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
and
Wisconsin Territory

Area settled by French, before 1700. Became part of U.S. by Treaty of Paris, 1783. Territory officially formed, 1836, with Belmont established as capital. Capital moved to present-day Burlington, Iowa, 1837. Territory initially included all or part of present...

More Info
to his brother
Hiram Kimball

31 May 1806–27 Apr. 1863. Merchant, iron foundry operator, mail carrier. Born in West Fairlee, Orange Co., Vermont. Son of Phineas Kimball and Abigail. Moved to Commerce (later Nauvoo), Hancock Co., Illinois, 1833, and established several stores. Married ...

View Full Bio
, who was an influential resident 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
.
3

Hancock Co., IL, Deed Records, 1817–1917, vol. 12G, pp. 227–228, 21 July 1838, microfilm 954,195, U.S. and Canada Record Collection, FHL.


Comprehensive Works Cited

U.S. and Canada Record Collection. FHL.

Acting as Ethan’s financial
agent

A specific church office and, more generally, someone “entrusted with the business of another.” Agents in the church assisted other ecclesiastical officers, especially the bishop in his oversight of the church’s temporal affairs. A May 1831 revelation instructed...

View Glossary
, Hiram likely prepared the deed and signed it on his brother’s behalf in the presence of
Willard Richards

24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813; to Chatham, Columbia Co...

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, who acted as witness. Justice of the peace
Newel K. Whitney

3/5 Feb. 1795–23 Sept. 1850. Trader, merchant. Born at Marlborough, Windham Co., Vermont. Son of Samuel Whitney and Susanna Kimball. Moved to Fairfield, Herkimer Co., New York, 1803. Merchant at Plattsburg, Clinton Co., New York, 1814. Mercantile clerk for...

View Full Bio
certified the document the next day. On the same day the deed was created, JS provided Kimball with three promissory notes totaling $1,500 for the property’s purchase; only one of the three notes is apparently still extant. This extant note stipulated that JS would pay Kimball $500, plus six percent interest, within one year.
4

JS, Promissory Note, Nauvoo, IL, to Ethan Kimball, 20 June 1842, JS Collection, CHL.


Notations on the extant promissory note indicate that JS made an initial payment of $320.90 to Hiram Kimball for the property on 27 June 1842, the same day the deed was copied into the
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
recorder’s deed book.
5

See also JS, Journal, 27 June 1842.


While the deed is representative of JS’s many land transactions during the summer of 1842, this deed is somewhat unique in that it represents JS purchasing the land privately and not on behalf of the
church

The Book of Mormon related that when Christ set up his church in the Americas, “they which were baptized in the name of Jesus, were called the church of Christ.” The first name used to denote the church JS organized on 6 April 1830 was “the Church of Christ...

View Glossary
as trustee-in-trust.
6

In his capacity as trustee-in-trust, JS both initiated transactions and received deeds for land transactions made on behalf of the church during this period. (See, for example, Nauvoo Registry of Deeds, Record of Deeds, bk. A, 24–26, 40–42, 84–85, 91–92; bk. B, 4–5; and Hancock Co., IL, Deed Records, 1817–1917, vol. U, pp. 383–384, 13 Aug. 1842, microfilm 954,605, U.S. and Canada Record Collection, FHL.)


Comprehensive Works Cited

U.S. and Canada Record Collection. FHL.

Footnotes

  1. [1]

    The mound was located in the prairie east of Nauvoo, an area where JS already owned land and where he often liked to ride. The property was characterized by its natural rise in elevation. JS’s journal noted that he purchased “3/4 Sections of Land of Hiram Kimball” on 14 June 1842; the deed completing the purchase was not signed until 20 June. (JS, Journal, 14 June 1842; see also JS, Journal, 3 and 6–7 June 1842.)

  2. [2]

    The purchases included the southwest quarter of section 25 and two contiguous quarters in sections 26 and 35.

  3. [3]

    Hancock Co., IL, Deed Records, 1817–1917, vol. 12G, pp. 227–228, 21 July 1838, microfilm 954,195, U.S. and Canada Record Collection, FHL.

    U.S. and Canada Record Collection. FHL.

  4. [4]

    JS, Promissory Note, Nauvoo, IL, to Ethan Kimball, 20 June 1842, JS Collection, CHL.

  5. [5]

    See also JS, Journal, 27 June 1842.

  6. [6]

    In his capacity as trustee-in-trust, JS both initiated transactions and received deeds for land transactions made on behalf of the church during this period. (See, for example, Nauvoo Registry of Deeds, Record of Deeds, bk. A, 24–26, 40–42, 84–85, 91–92; bk. B, 4–5; and Hancock Co., IL, Deed Records, 1817–1917, vol. U, pp. 383–384, 13 Aug. 1842, microfilm 954,605, U.S. and Canada Record Collection, FHL.)

    U.S. and Canada Record Collection. FHL.

Page 330

of the first part, hath hereunto sit his hand and seal the day and year above written
Ethan Kimball L.S.
3

TEXT: “L.S.” (locus sigilli, Latin for “location of the seal”) is inscribed within a hand-drawn representation of a seal.


by his attorney
Hiram Kimball

31 May 1806–27 Apr. 1863. Merchant, iron foundry operator, mail carrier. Born in West Fairlee, Orange Co., Vermont. Son of Phineas Kimball and Abigail. Moved to Commerce (later Nauvoo), Hancock Co., Illinois, 1833, and established several stores. Married ...

View Full Bio
State of Illinois) ss.
4

Ss. is a legal abbreviation for scilicet, a Latin adverb meaning “that is to say, to wit, viz.” (“Scilicet,” in “Law Dictionary,” 28.)


Comprehensive Works Cited

“Law Dictionary.” In Silas Jones, An Introduction to Legal Science: Being a Concise and Familiar Treatise, on Such Legal Topics as Are Earliest Read by the Law Student Should Be Generally Taught in the Higher Seminaries of Learning. . . . New York: John S. Voorhies, 1842.

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
)
I,
N[ewel] K. Whitney

3/5 Feb. 1795–23 Sept. 1850. Trader, merchant. Born at Marlborough, Windham Co., Vermont. Son of Samuel Whitney and Susanna Kimball. Moved to Fairfield, Herkimer Co., New York, 1803. Merchant at Plattsburg, Clinton Co., New York, 1814. Mercantile clerk for...

View Full Bio
a justice of the peace 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
of 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
, do certify, that
Hiram Kimball

31 May 1806–27 Apr. 1863. Merchant, iron foundry operator, mail carrier. Born in West Fairlee, Orange Co., Vermont. Son of Phineas Kimball and Abigail. Moved to Commerce (later Nauvoo), Hancock Co., Illinois, 1833, and established several stores. Married ...

View Full Bio
as attorney in fact for Ethan Kimball whose signature appears to the foregoing deed, and who <​is​> personally known to me to be the person described in, and who executed the same, did acknowledge that he had executed the said conveyance, for the uses and purposes therein mentioned. Given under my hand and seal, this Twenty first day of June in the year of our Lord, one thousand eight hundred and forty Two
N. K. Whitney

3/5 Feb. 1795–23 Sept. 1850. Trader, merchant. Born at Marlborough, Windham Co., Vermont. Son of Samuel Whitney and Susanna Kimball. Moved to Fairfield, Herkimer Co., New York, 1803. Merchant at Plattsburg, Clinton Co., New York, 1814. Mercantile clerk for...

View Full Bio
J.P. LS
5

TEXT: “LS” is inscribed within a hand-drawn representation of a seal.


<​Signed, sealed and delivered in presence of
Willard Richards

24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813; to Chatham, Columbia Co...

View Full Bio
​> [p. 330]
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Source Note

Document Transcript

Page 330

Document Information

Related Case Documents
Editorial Title
Deed from Ethan Kimball, 20 June 1842
ID #
6364
Total Pages
2
Print Volume Location
JSP, D10:167–170
Handwriting on This Page
  • Unidentified

Footnotes

  1. [3]

    TEXT: “L.S.” (locus sigilli, Latin for “location of the seal”) is inscribed within a hand-drawn representation of a seal.

  2. [4]

    Ss. is a legal abbreviation for scilicet, a Latin adverb meaning “that is to say, to wit, viz.” (“Scilicet,” in “Law Dictionary,” 28.)

    “Law Dictionary.” In Silas Jones, An Introduction to Legal Science: Being a Concise and Familiar Treatise, on Such Legal Topics as Are Earliest Read by the Law Student Should Be Generally Taught in the Higher Seminaries of Learning. . . . New York: John S. Voorhies, 1842.

  3. [5]

    TEXT: “LS” is inscribed within a hand-drawn representation of a seal.

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