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Deed to William Marks, 10 April 1837–B

Source Note

JS and , Deed for property in , Geauga Co., OH, to , 10 Apr. 1837; signed by JS and ; witnessed by and ; certified by . Featured version copied in Geauga County Deed Record, vol. 23, pp. 536–537; handwriting of ; Geauga County Archives and Records Center, Chardon, OH. Transcription from a digital color image made of original in 2011.
Volume measuring 16½ × 11¾ × 3¼ inches (42 × 30 × 8 cm) and including 618 pages, plus 17 pages of an index of grantors and grantees. At an unknown time, the original cover and binding were replaced with a maroon leather binding, then later covered with a cream canvas cover with maroon leather corners. The volume contains 319 leaves measuring 15⅝ × 10 inches (40 × 25 cm). In the mid- to late nineteenth century, a page-for-page transcript of the volume was created; the transcript is also housed at the Geauga County Archives and Records Center.
This volume was in the possession of the Geauga County Recorder from its creation until 1996, when it was transferred to the newly organized Geauga County Archives and Records Center. Includes notations, redactions, and archival marking.

Historical Introduction

On 7 and 10 April 1837, JS and transferred a significant amount of land to in six different land transactions. The deed featured here, for land on which the in had been built, was one of these six transactions and is representative of the other deeds transferring land to Marks. Even though each of the deeds between JS and Marks listed a precise monetary amount, it is possible that money was not exchanged and that JS instead transferred the titles for the land to Marks without payment.
The land sold in the featured deed was originally purchased from on behalf of the in 1833, and a revelation on 23 April 1834 gave over a portion of the land. Excluded from Johnson’s stewardship was the land for the , which the 23 April 1834 revelation stipulated should be given to JS. As a result, Johnson deeded the land to JS on 5 May 1834. However, the 1834 deed includes a later note that a new deed was created in January 1837, again transferring the land from Johnson to JS, because the 1834 deed “was supposed to be illegal.” The new deed in 1837 was likely required because Johnson did not hold the title to the land in 1834, although he may have thought he did; he went on to acquire the title from in 1836. A new deed was also needed because the 1834 deed had not excluded a portion of the lot owned by the Methodist Episcopal Church. The 1837 deed to JS was careful to omit this portion specifically.
The reason for JS’s sale or transfer of this land to in April 1837 is not certain, but JS may have been trying to protect the from being sold to pay his debts or the debts of other church members. In June and October 1836, mercantile partnerships formed by church leaders in had purchased goods in , and promissory notes made out by the firms of Rigdon, Smith & Cowdery and Cahoon, Carter & Co. were due in April 1837. JS was liable for these debts, which the partners may have not been able to pay. According to records of later litigation, the firms defaulted on some of these notes. JS may have been concerned that as a result of litigation on these debts, important land—such as the land on which the House of the Lord was built—might be taken from him. JS faced lawsuits related to unpaid promissory notes and other debts throughout 1837, and judgments for such trials often resulted in the sheriff seizing an individual’s land or other assets and then selling them at auction. The House of the Lord was the largest asset held by the church and represented a significant investment; tens of thousands of dollars had gone into building, finishing, and furnishing the edifice. Had the land or building been seized for debts, it would have been a severe blow to the church, both financially and spiritually.
On 11 July 1837, transferred the title to the land he had received from JS to the mercantile firm of Mead, Stafford & Co. Marks deeded the land as part of an agreement in which JS, , , , , and mortgaged the to the firm.

Footnotes

  1. [1]

    Collectively, the land amounted to around 146 acres. Two of the six transactions were quitclaim deeds to properties, which meant that Marks was given only any interest and investment JS had in the original land purchase and could not rent or sell the property on his own since others were named on the original deed. The other land sold to Marks included property JS had purchased in fall 1836. (See JS to William Marks, Deed, Geauga Co., OH, 7 Apr. 1837; JS to William Marks, Deed, Geauga Co., OH, 10 Apr. 1837–A; JS to William Marks, Deed, Geauga Co., OH, 10 Apr. 1837–C; JS to William Marks, Deed, Geauga Co., OH, 10 Apr. 1837–D; JS to William Marks, Deed, Geauga Co., OH, 10 Apr. 1837–E, Geauga County Deed Record, vol. 23, pp. 535–539; vol. 24, p. 189, Geauga County Archives and Records Center, Chardon, OH.)

    Geauga County Archives and Records Center, Chardon, OH.

  2. [2]

    Revelation, 23 Apr. 1834 [D&C 104:34].

  3. [3]

    See Historical Introduction to Deed from John and Alice Jacobs Johnson, 5 May 1834.

  4. [4]

    John Johnson to JS, Deed, 5 May 1834, [2], Lyman Cowdery Papers, CHL.

    Cowdery, Lyman. Papers, 1834–1858. CHL. MS 3467.

  5. [5]

    Newel K. Whitney to John Johnson, Deed, Geauga Co., OH, 23 Sept. 1836, Geauga County Deed Record, vol. 22, pp. 497–498, Geauga County Archives and Records Center, Chardon, OH; Historical Introduction to Deed from John and Alice Jacobs Johnson, 5 May 1834; Geauga Co., OH, Deed Records, 1795–1921, vol. 24, p. 100, 4 Jan. 1837, microfilm 20,240, U.S. and Canada Record Collection, FHL.

    Geauga County Archives and Records Center, Chardon, OH.

    U.S. and Canada Record Collection. FHL.

  6. [6]

    Marks was likely functioning as an agent for JS by holding this land for him. Ownership of the church’s Kirtland printing office and the church’s newspaper Messenger and Advocate were also transferred to Marks in April 1837. Marks was later appointed as an agent for Kirtland bishop Newel K. Whitney in September 1837, and Marks may have been acting in a similar capacity in this instance. (“Notice,” LDS Messenger and Advocate, Apr. 1837, 3:496; Minutes, 17 Sept. 1837–A.)

    Latter Day Saints’ Messenger and Advocate. Kirtland, OH. Oct. 1834–Sept. 1837.

  7. [7]

    Invoices for goods bought from several New York merchants in October 1836 have postscripts that record that they received promissory notes payable in six months. Other invoices from the same purchasing trip do not include information on the form of payment, but these may have also been due in April. (See Winthrop Eaton to JS and Oliver Cowdery, Invoice, New York City, 11 Oct. 1836, JS Office Papers, CHL; Keeler, McNeil & Co. to Sidney Rigdon, JS, and Oliver Cowdery, Invoice, New York City, 11 Oct. 1836, JS Office Papers, CHL; and Jesse Delano, Bill, 15 Oct. 1836, JS Office Papers, CHL.)

  8. [8]

    Transcript of Proceedings, 24 Oct. 1837, Eaton v. JS and Cowdery [Geauga Co. C.P. 1837]; Transcript of Proceedings, 24 Oct. 1837, Newbould v. Rigdon et al. [Geauga Co. C.P. 1837], Geauga Co., OH, Court of Common Pleas, Record Book U, pp. 277–278, 351–353, Geauga County Archives and Records Center, Chardon, OH.

    Geauga Co., OH, Court of Common Pleas, Record Book U. Geauga County Archives and Records Center, Chardon, OH.

  9. [9]

    “Sheriff’s Sale,” Painesville (OH) Telegraph, 22 Feb. 1838, [3]; Case Costs, 24 Oct. 1837, Rounds v. JS [Geauga Co. C.P. 1837]; Case Costs, 24 Oct. 1837, Rounds v. Rigdon [Geauga Co. C.P. 1837], Execution Docket Book G, pp. 105–106, Geauga County Archives and Records Center, Chardon, OH; see also Madsen, “Tabulating the Impact of Litigation on the Kirtland Economy,” 232–235.

    Painesville Telegraph. Painesville, OH. 1822–1986.

    Geauga Co., OH, Court of Common Pleas, Execution Docket G. Geauga County Archives and Records Center, Chardon, OH.

  10. [10]

    Mortgage to Mead, Stafford & Co., 11 July 1837.

Page 537

on the South by land formerly owned by Isaac Moore. Beginning near the northeast corner of said Moores land in the centre of the Road leading from to and running west on the north line of said land twenty two rods, thence north seventeen Rods to a Stake marked No. 1. thence East to the west line of the lot owned by the Methodist Episcopal Society on which their meeting house Stands, thence South to the Southwest corner of said Societies Lot, thence East to the centre of the centre of the Road before mentioned thence Southwesterly to the place of beginning, containing One Acre and one hundred and fifty four rods and a half <​rods​>. Reserving the market house occupied by Whitmer, Rich & Co which stands on the above described lot of land subject to all highways now laid out. Be the same more or less. To have and to hold the above granted and bargained premises with the appurtenances thereof unto the said heirs and assigns forever to their own proper use and behoof. And also I the said Joseph Smith Jr. do for myself my heirs executors and administrators, covenant with the said his heirs and assigns that at and until the ensealing of these presents I was well seized of these premises and as a good indefeasible estate in fee simple and have good right to bargain and sell the same in manner and form as is above written and the same is free from all incumbrances whatsoever And furthermore I the said Joseph Smith Jr. do by these presents bind myself and my heirs forever to Warrant and defend the above granted and bargained premises to him the said and to his heirs and assigns, against all lawful claims and demands whatsoever. And I the said do hereby remise, release and forever unto the said his heirs and assigns all my right and title of dower in and to the above described premises— In witness whereof we have hereunto set our hands and seals this tenth day of April A.D. One thousand Eight hundred and thirty-seven.
Joseph Smith Jr. Seal
Seal
Signed Sealed acknowledged and delivered in presence of
The State of Ohio ss.
Personally appeared Joseph Smith Jr & to me personally known as the signers and sealers of the above instrument and acknowledged that they did voluntarily sign, <​&​> seal the same and that the same is their free act and will. And I having fully made known and explained to the said the contents of the above deed and having likewise examined her separate & apart from her said husband she declared that she did of her own free will and accord voluntarily sign seal acknowledge and as her free act and deed, deliver the same without the force coercion or compulsion of her said husband, and that she is still satisfied therewith <​the same​>— 10th. April AD 1837 Justice of the peace seal
Received 3rd. and Recorded 12th. June AD 1837 =Recorder [p. 537]
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Source Note

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Page 537

Document Information

Related Case Documents
Editorial Title
Deed to William Marks, 10 April 1837–B
ID #
5667
Total Pages
2
Print Volume Location
JSP, D5:357–362
Handwriting on This Page
  • Ralph Cowles

Footnotes

  1. [1]

    TEXT: Each instance of “Seal” is enclosed in a hand-drawn representation of a seal.

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