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Introduction to Underwood, Bald, Spencer & Hufty v. Rigdon et al. Summons, 9 June 1837 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.] Declaration, circa 7 July 1837 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.] Plea, circa 28 October 1837 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.] Transcript of Proceedings, circa 16 April 1839 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.] Docket Entry, Costs, circa 16 April 1839 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.] Notice, 12 August 1840 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.] Docket Entry, Sheriff’s Sale, 21 October 1840 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.] Docket Entry, Deed, 30 April 1841 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.] Assignment of Judgment, 30 April 1841 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.] Deed, 3 June 1841 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.] Deed, 23 November 1841 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.]

Deed to Daniel Carter, 23 November 1841, as Recorded in Lake County Deeds

Source Note

Erastus Spencer

30 Sept. 1805–2 Sept. 1884. Teacher, sheriff, farmer, cattle breeder. Born in New Hartland, Hartford Co., Connecticut. Son of Nathaniel Spencer and Lydia Douglas. Moved to Claridon, Geauga Co., Ohio, ca. 1811. Joined Ohio state militia, ca. 1823. Congregationalist...

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on behalf of
Sidney Rigdon

19 Feb. 1793–14 July 1876. Tanner, farmer, minister. Born at St. Clair, Allegheny Co., Pennsylvania. Son of William Rigdon and Nancy Gallaher. Joined United Baptists, ca. 1818. Preached at Warren, Trumbull Co., Ohio, and vicinity, 1819–1821. Married Phebe...

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, Joel McWithey, JS,
Eliphalet Boynton

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,
Solon Foster

8 Jan. 1811–17 Mar. 1896. Farmer. Born at Danby, Tompkins Co., New York. Son of Luther Foster and Ruth Hedges. Baptized into Church of Jesus Christ of Latter-day Saints, 1833. Participated in Camp of Israel expedition to Missouri, 1834. Ordained an elder,...

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,
Joseph Smith Sr.

12 July 1771–14 Sept. 1840. Cooper, farmer, teacher, merchant. Born at Topsfield, Essex Co., Massachusetts. Son of Asael Smith and Mary Duty. Nominal member of Congregationalist church at Topsfield. Married to Lucy Mack by Seth Austin, 24 Jan. 1796, at Tunbridge...

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,
Edmund Bosley

25 June 1776–15 Dec. 1846. Miller. Born at Northumberland, Northumberland Co., Pennsylvania. Son of John P. Bosley and Hannah Bull. Married Ann Kelly of Northumberland Co. Lived at Livonia, Livingston Co., New York, 1792–1834. Moved to Kirtland, Geauga Co...

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,
Jonathan Holmes

11 Mar. 1806–18 Aug. 1880. Shoemaker, farmer. Born in Georgetown, Essex Co., Massachusetts. Son of Nathaniel Holmes and Sally Harriman. Baptized into Church of Jesus Christ of Latter-day Saints by John F. Boynton, 1832. Moved to Kirtland, Geauga Co., Ohio...

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,
Josiah Butterfield

13 Mar. 1795–3 Mar. 1871. Farmer, stockman. Born at Dunstable, Middlesex Co., Massachusetts. Son of Abel Butterfield and Mercy Farnsworth. Married first Polly Moulton, 30 Oct. 1819. Moved to Buxton, York Co., Maine, 1820. Baptized into Church of Jesus Christ...

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,
Noah Packard

7 May 1796–17 Feb. 1860. Farmer, surveyor, miner. Born at Plainfield, Hampshire Co., Massachusetts. Son of Noah Packard and Molly Hamblin. Moved to Parkman, Geauga Co., Ohio, 1817. Married Sophia Bundy, 29 June 1820, at Parkman. Baptized into Church of Jesus...

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, Chauncey Webb, and
Thomas Carrico Jr.

20 Sept. 1801–22 Feb. 1882. Shoemaker. Born at Beverly, Essex Co., Massachusetts. Son of Thomas Carrico and Deborah Wallis. Baptized into Unitarian church, 27 Sept. 1801, at Beverly. Married first Mary E. Raymond, 30 Aug. 1827, at Beverly. Wife died, 1833...

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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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, Lake Co., OH, to
Daniel Carter

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, 23 Nov. 1841. Copied 16 Mar. 1842 in Lake County Deed Record, vol. B, pp. 100–102; handwriting of H. F. Shepard; Land Registry Records, 1840–1842; CHL.

Historical Introduction

See Introduction to Underwood, Bald, Spencer & Hufty v. Rigdon et al.
Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. Deed, 23 November 1841 [ Underwood, Bald, Spencer & Hufty v. Rigdon et al. ] Deed to Daniel Carter, 23 November 1841, as Recorded in Lake County Deeds

Page 101

said Court, at
Chardon

Located eight miles south of Lake Erie and immediately east of Kirtland Township. Settled by 1812. Included village of Chardon. Population of township in 1820 about 430; in 1830 about 880; and in 1840 about 1,100. Two of JS’s sisters resided in township. ...

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, at the June Term A.D. 1839— which writ was delivered to
Abel Kimball

20 Dec. 1800–24 July 1880. Farmer. Born in Rindge, Cheshire Co., New Hampshire. Son of Lemuel Kimball and Polly Cutler. Moved to Unionville, Madison Township, Geauga Co., Ohio, 27 Aug. 1812. Moved to Madison, Madison Township, Aug. 1813. Married Philena Hastings...

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2d. Esquire then being Sheriff of said
County

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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, for
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 writ the said
Sheriff

20 Dec. 1800–24 July 1880. Farmer. Born in Rindge, Cheshire Co., New Hampshire. Son of Lemuel Kimball and Polly Cutler. Moved to Unionville, Madison Township, Geauga Co., Ohio, 27 Aug. 1812. Moved to Madison, Madison Township, Aug. 1813. Married Philena Hastings...

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returned into said Court at their June Term A.D. 1839, with his official report, or return of his proceedings thereon annexed to said writ, setting forth that by virtue thereof, & for want of Goods & Chattels, he levied the same on divers lots, pieces & parcels of land, on the 20th. May 1839, particularly described in said return, among which, on the following lot or parcel of land, to wit: Lot No. Eight in Block No. 113 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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City plat, so called as surveyed by W[illard] W. Beals
County

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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Surveyor, excepting sixteen square rods in a square form at the north end of said lot; that he at the same time caused said lands to be appraised, and advertised and offered the same for sale at public vendue and the same remained unsold for want of bidders:— And whereas divers writs of
venditioni Exponas

A writ of execution commanding a sheriff “to sell goods or chattels, and, in some states, lands, which he has taken in execution by virtue of a fieri facias, and which remains unsold.”

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were issued on said judgment & delivered to said
Sheriff

20 Dec. 1800–24 July 1880. Farmer. Born in Rindge, Cheshire Co., New Hampshire. Son of Lemuel Kimball and Polly Cutler. Moved to Unionville, Madison Township, Geauga Co., Ohio, 27 Aug. 1812. Moved to Madison, Madison Township, Aug. 1813. Married Philena Hastings...

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and severally by him returned as to said land above described unsold for want of bidders and such proceedings had on said judgment that at the June Term of said Court A.D. 1840, the said Court ordered a new appraisal of said lands, and afterwards, to wit: on the 25th. day of July A.D. 1840— a
pluries

“A writ that issues in the third instance after the first and the alias have been ineffectual.”

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Writ of venditioni exponas issued out of said Court on said judgment, directed to the
Sheriff

20 Dec. 1800–24 July 1880. Farmer. Born in Rindge, Cheshire Co., New Hampshire. Son of Lemuel Kimball and Polly Cutler. Moved to Unionville, Madison Township, Geauga Co., Ohio, 27 Aug. 1812. Moved to Madison, Madison Township, Aug. 1813. Married Philena Hastings...

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of said
County

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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commanding him to cause said lands to be reappraised, and, as before to expose the same to sale at public vendue, and have the monies before said Court, at their October Term A.D. 1840, which said writ the said Sheriff, to wit:
Abel Kimball

20 Dec. 1800–24 July 1880. Farmer. Born in Rindge, Cheshire Co., New Hampshire. Son of Lemuel Kimball and Polly Cutler. Moved to Unionville, Madison Township, Geauga Co., Ohio, 27 Aug. 1812. Moved to Madison, Madison Township, Aug. 1813. Married Philena Hastings...

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2d. then being Shff., of said
County

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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to whom the same was delivered, returned into said Court, with his official return of his proceedings thereon, at the October Term A.D. 1840, which return set forth that, by virtue of said Writ, he on the 8th. day of August A.D. 1840 caused three of the parcels of said lands levied on to be appraised by three disinterested freeholders, one of which parcels was the lot herein before described, the said freeholders residents of the County of Lake which at the time of said levy was
Geauga County

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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, who being by him duly sworn & on actual view, did appraise said Lot No. 8 above described, excepting the 16 rods aforesaid, at Three hundred dollars, and returned to him their said appraisal under their hands & seals, a copy of which he forthwith deposited in the office of the Clerk of said said Court; that he thereupon gave public notice by advertising in the Painesville Telegraph, a newspaper published in said County of Lake, formerly part of
Geauga County

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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, that he should <​offer​> said lands for sale at public vendue, at the Court House in
Chardon

Located eight miles south of Lake Erie and immediately east of Kirtland Township. Settled by 1812. Included village of Chardon. Population of township in 1820 about 430; in 1830 about 880; and in 1840 about 1,100. Two of JS’s sisters resided in township. ...

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, Geauga County, on the fifteenth day of September 1840, between the hours of 10 O’Clock A.M. and 4 O’Clock P.M. which notice was continued in said newspaper from week to week for more than thirty days next preceeding said day of sale; that at the time & place specified in said notice, he duly & legally struck off and sold unto
Gilbert Granger

14 Oct. 1814–25 Aug. 1850. Born in Phelps, Ontario Co., New York. Son of Oliver Granger and Lydia Dibble. Moved to Kirtland, Geauga Co., Ohio, 1833. Married first Alice Marble, 20 June 1838, in Cuyahoga Co., Ohio. Married second Susan Bristol Williams, 24...

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, the said Lot No. Eight in the City plat of
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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in Lake County (formerly
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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) excepting said sixteen rods as aforesaid, for the sum of Two hundred & one dollars then & there bid him for the same, he being the highest bidder, and that sum, so bid by him, being more than two thirds the appraised value of said land; And the said
Sheriff

20 Dec. 1800–24 July 1880. Farmer. Born in Rindge, Cheshire Co., New Hampshire. Son of Lemuel Kimball and Polly Cutler. Moved to Unionville, Madison Township, Geauga Co., Ohio, 27 Aug. 1812. Moved to Madison, Madison Township, Aug. 1813. Married Philena Hastings...

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submitted his said proceedings in levying on & making sale of said land, to said Court at said last mentioned who having examined, did approve & confirm said sale & made an order to that effect & caused the same to be entered on their journal, & did thereby order the said
Sheriff

20 Dec. 1800–24 July 1880. Farmer. Born in Rindge, Cheshire Co., New Hampshire. Son of Lemuel Kimball and Polly Cutler. Moved to Unionville, Madison Township, Geauga Co., Ohio, 27 Aug. 1812. Moved to Madison, Madison Township, Aug. 1813. Married Philena Hastings...

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to make a deed of conveyance to said purchasor: And whereas the term of office of said
Kimball

20 Dec. 1800–24 July 1880. Farmer. Born in Rindge, Cheshire Co., New Hampshire. Son of Lemuel Kimball and Polly Cutler. Moved to Unionville, Madison Township, Geauga Co., Ohio, 27 Aug. 1812. Moved to Madison, Madison Township, Aug. 1813. Married Philena Hastings...

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expired without his having executed a deed of said land, and the said
Granger

14 Oct. 1814–25 Aug. 1850. Born in Phelps, Ontario Co., New York. Son of Oliver Granger and Lydia Dibble. Moved to Kirtland, Geauga Co., Ohio, 1833. Married first Alice Marble, 20 June 1838, in Cuyahoga Co., Ohio. Married second Susan Bristol Williams, 24...

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having assigned transfered & quit claimed, his interest in said land by virtue of said sale to
Daniel Carter

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, the said
Daniel

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filed his said motion in said Court, at their September Term 1841, setting forth said proceedings and assignment, and praying the Court to order the present
Sheriff

20 Dec. 1800–24 July 1880. Farmer. Born in Rindge, Cheshire Co., New Hampshire. Son of Lemuel Kimball and Polly Cutler. Moved to Unionville, Madison Township, Geauga Co., Ohio, 27 Aug. 1812. Moved to Madison, Madison Township, Aug. 1813. Married Philena Hastings...

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of said County to execute to him, as the assignee of said
Granger

14 Oct. 1814–25 Aug. 1850. Born in Phelps, Ontario Co., New York. Son of Oliver Granger and Lydia Dibble. Moved to Kirtland, Geauga Co., Ohio, 1833. Married first Alice Marble, 20 June 1838, in Cuyahoga Co., Ohio. Married second Susan Bristol Williams, 24...

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, a deed of said land, on hearing which motion, the said Court did make an order and cause the same to be entered on their journal, and did thereby order me
Erastus Spencer

30 Sept. 1805–2 Sept. 1884. Teacher, sheriff, farmer, cattle breeder. Born in New Hartland, Hartford Co., Connecticut. Son of Nathaniel Spencer and Lydia Douglas. Moved to Claridon, Geauga Co., Ohio, ca. 1811. Joined Ohio state militia, ca. 1823. Congregationalist...

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, then, & still Sheriff of said County & the successor in office of said
Kimball

20 Dec. 1800–24 July 1880. Farmer. Born in Rindge, Cheshire Co., New Hampshire. Son of Lemuel Kimball and Polly Cutler. Moved to Unionville, Madison Township, Geauga Co., Ohio, 27 Aug. 1812. Moved to Madison, Madison Township, Aug. 1813. Married Philena Hastings...

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, to execute & deliver to said
Carter

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assignee of said
Granger

14 Oct. 1814–25 Aug. 1850. Born in Phelps, Ontario Co., New York. Son of Oliver Granger and Lydia Dibble. Moved to Kirtland, Geauga Co., Ohio, 1833. Married first Alice Marble, 20 June 1838, in Cuyahoga Co., Ohio. Married second Susan Bristol Williams, 24...

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, in a good deed of Conveyance of said Lot of land so struck off and sold to said
Granger

14 Oct. 1814–25 Aug. 1850. Born in Phelps, Ontario Co., New York. Son of Oliver Granger and Lydia Dibble. Moved to Kirtland, Geauga Co., Ohio, 1833. Married first Alice Marble, 20 June 1838, in Cuyahoga Co., Ohio. Married second Susan Bristol Williams, 24...

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& assigned to said
Carter

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:— All which will more fully appear by the records, files & journal entries of said Court:— Now therefore Know ye that I
Erastus Spencer

30 Sept. 1805–2 Sept. 1884. Teacher, sheriff, farmer, cattle breeder. Born in New Hartland, Hartford Co., Connecticut. Son of Nathaniel Spencer and Lydia Douglas. Moved to Claridon, Geauga Co., Ohio, ca. 1811. Joined Ohio state militia, ca. 1823. Congregationalist...

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Sheriff of said 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...

More Info
, by virtue of the said judgment, writs [p. 101]
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Source Note

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Page 101

Document Information

Related Case Documents
Editorial Title
Deed to Daniel Carter, 23 November 1841, as Recorded in Lake County Deeds
ID #
5498
Total Pages
3
Print Volume Location
Handwriting on This Page
  • H. F. Shepard

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