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Introduction to G. Patterson and J. Patterson v. Cahoon, Carter & Co. and Rigdon, Smith & Cowdery Summons, 28 March 1837 [G. Patterson and J. Patterson v. Cahoon, Carter & Co. and Rigdon, Smith & Cowdery] Declaration, circa 29 April 1837 [G. Patterson and J. Patterson v. Cahoon, Carter & Co. and Rigdon, Smith & Cowdery] Docket Entry, Judgment, 5 June 1837 [G. Patterson and J. Patterson v. Cahoon, Carter & Co. and Rigdon, Smith & Cowdery] Docket Entry, Costs, circa 5 June 1837 [G. Patterson and J. Patterson v. Cahoon, Carter & Co. and Rigdon, Smith & Cowdery] Transcript of Proceedings, circa 5 June 1837 [G. Patterson and J. Patterson v. Cahoon, Carter & Co. and Rigdon, Smith & Cowdery] Assignment of Judgment, 17 March 1838 [G. Patterson and J. Patterson v. Cahoon, Carter & Co. and Rigdon, Smith & Cowdery] Notice, 1 May 1838 [G. Patterson and J. Patterson v. Cahoon, Carter & Co. and Rigdon, Smith & Cowdery] Docket Entry, Motion, 4 May 1841 [G. Patterson and J. Patterson v. Cahoon, Carter & Co. and Rigdon, Smith & Cowdery]

Docket Entry, Costs, circa 5 June 1837 [G. Patterson and J. Patterson v. Cahoon, Carter & Co. and Rigdon, Smith & Cowdery]

Source Note

Docket Entry, Costs, [
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. ...

More Info
, Geauga Co., OH], [ca. 5 June 1837], G. Patterson and J. Patterson v. Cahoon, Carter & Co. and Rigdon, Smith & Cowdery (Geauga Co., OH, Court of Common Pleas 1837); Geauga County Court of Common Pleas,
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...

View Glossary
Docket, vol. G, p. 54; handwriting of
David D. Aiken

20 Sept. 1794–12 Dec. 1861. County clerk, associate judge, merchant. Born in New York. Baptized into Episcopalian church, 9 Aug. 1818, in New York. Married Laura Loomis. Moved to Brown, Stark Co., Ohio, by 1820; to Painesville, Geauga Co., Ohio; and to Chardon...

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; Geauga County Archives and Records Center, Chardon, OH. Includes notations by Charles H. Foot, [
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. ...

More Info
, Geauga Co., OH], 29 Mar. 1838. Includes notation by unidentified scribe, 3 Apr. 1838. Includes notations by
David D. Aiken

20 Sept. 1794–12 Dec. 1861. County clerk, associate judge, merchant. Born in New York. Baptized into Episcopalian church, 9 Aug. 1818, in New York. Married Laura Loomis. Moved to Brown, Stark Co., Ohio, by 1820; to Painesville, Geauga Co., Ohio; and to Chardon...

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, ca. 4 June 1838. Includes notations by
David D. Aiken

20 Sept. 1794–12 Dec. 1861. County clerk, associate judge, merchant. Born in New York. Baptized into Episcopalian church, 9 Aug. 1818, in New York. Married Laura Loomis. Moved to Brown, Stark Co., Ohio, by 1820; to Painesville, Geauga Co., Ohio; and to Chardon...

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with signature of
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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, ca. 23 Nov. 1843.

Historical Introduction

See Introduction to G. Patterson and J. Patterson v. Cahoon, Carter & Co. and Rigdon, Smith & Cowdery
Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. Assignment of Judgment, 17 March 1838 [ G. Patterson and J. Patterson v. Cahoon, Carter & Co. and Rigdon, Smith & Cowdery ]
Docket Entry, Costs, circa 5 June 1837 [ G. Patterson and J. Patterson v. Cahoon, Carter & Co. and Rigdon, Smith & Cowdery ]

Page 54

George A. H. Patterson

ca. 1810–23 Sept. 1843. Hardware and crockery merchant. Likely born in New York. Son of Robert Patterson and Rebecca. Lived in Hudson, Columbia Co., New York. Moved to Buffalo, Erie Co., New York, by 1832. Operated hardware and crockery businesses, beginning...

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)
Payne & Willson,
&
John Patterson

ca. 1812–1 Jan. 1852. Hardware and crockery merchant. Likely born in New York. Son of Robert Patterson and Rebecca. Moved to Buffalo, Erie Co., New York, by 1832. Operated hardware and crockery businesses, beginning 1832, in Buffalo. Involved in case of G...

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)
vs U. 126)
assumpsit

An action brought to recover damages for breach of a simple contract or for the recovery of money. Assumpsit was a form of trespass on the case. In Ohio law, it was “the usual remedy upon promissory notes.”

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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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,
Jared

14 June 1801–6 July 1849. Born at Killingworth, Middlesex Co., Connecticut. Son of Gideon Carter and Johanna Sims. Moved to Benson, Rutland Co., Vermont, by 1810. Married Lydia Ames, 20 Sept. 1823, at Benson. Moved to Chenango, Broome Co., New York, by Jan...

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)
Carter

14 June 1801–6 July 1849. Born at Killingworth, Middlesex Co., Connecticut. Son of Gideon Carter and Johanna Sims. Moved to Benson, Rutland Co., Vermont, by 1810. Married Lydia Ames, 20 Sept. 1823, at Benson. Moved to Chenango, Broome Co., New York, by Jan...

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,
Hiram [Hyrum] Smith

9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; back to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co...

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, Joseph)
Smith Jr.
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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)
Judgt. for pl[ainti]ff’s June 5. 1837.
Damages $610.37
plffs Costs 11.50
def[endan]ts do 1.91
Costs Plff Deft.
Clerk A. [David D. Aiken]

20 Sept. 1794–12 Dec. 1861. County clerk, associate judge, merchant. Born in New York. Baptized into Episcopalian church, 9 Aug. 1818, in New York. Married Laura Loomis. Moved to Brown, Stark Co., Ohio, by 1820; to Painesville, Geauga Co., Ohio; and to Chardon...

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3.23 1 91
Sh[eri]ff Kim [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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3.27
Atty. 5.00

Notation in handwriting of Charles H. Foot.


1838 March 29.
William Marks

15 Nov. 1792–22 May 1872. Farmer, printer, publisher, postmaster. Born at Rutland, Rutland Co., Vermont. Son of Cornell (Cornwall) Marks and Sarah Goodrich. Married first Rosannah R. Robinson, 2 May 1813. Lived at Portage, Allegany Co., New York, where he...

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filed in this office an assignment of the above judgment to him which said assignment is in the words & figures following to wit:—
“State of Ohio,
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...

More Info
ss.) Court of Com. Pleas—
Geo. A. H. Patterson

ca. 1810–23 Sept. 1843. Hardware and crockery merchant. Likely born in New York. Son of Robert Patterson and Rebecca. Lived in Hudson, Columbia Co., New York. Moved to Buffalo, Erie Co., New York, by 1832. Operated hardware and crockery businesses, beginning...

View Full Bio
&
John Patterson

ca. 1812–1 Jan. 1852. Hardware and crockery merchant. Likely born in New York. Son of Robert Patterson and Rebecca. Moved to Buffalo, Erie Co., New York, by 1832. Operated hardware and crockery businesses, beginning 1832, in Buffalo. Involved in case of G...

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vs.
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.,...

View Full Bio
,
Jared Carter

14 June 1801–6 July 1849. Born at Killingworth, Middlesex Co., Connecticut. Son of Gideon Carter and Johanna Sims. Moved to Benson, Rutland Co., Vermont, by 1810. Married Lydia Ames, 20 Sept. 1823, at Benson. Moved to Chenango, Broome Co., New York, by Jan...

View Full Bio
& others)
Assumpsit

An action brought to recover damages for breach of a simple contract or for the recovery of money. Assumpsit was a form of trespass on the case. In Ohio law, it was “the usual remedy upon promissory notes.”

View Glossary
judgment June Term for $610.37— For value recd. we here by assign all our right title & interest to the above judgment, to
Wm Marks

15 Nov. 1792–22 May 1872. Farmer, printer, publisher, postmaster. Born at Rutland, Rutland Co., Vermont. Son of Cornell (Cornwall) Marks and Sarah Goodrich. Married first Rosannah R. Robinson, 2 May 1813. Lived at Portage, Allegany Co., New York, where he...

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. March 17. 1838.
See assignment with papers in this case.
Geo. A. H. Patterson

ca. 1810–23 Sept. 1843. Hardware and crockery merchant. Likely born in New York. Son of Robert Patterson and Rebecca. Lived in Hudson, Columbia Co., New York. Moved to Buffalo, Erie Co., New York, by 1832. Operated hardware and crockery businesses, beginning...

View Full Bio
&
John Patterson

ca. 1812–1 Jan. 1852. Hardware and crockery merchant. Likely born in New York. Son of Robert Patterson and Rebecca. Moved to Buffalo, Erie Co., New York, by 1832. Operated hardware and crockery businesses, beginning 1832, in Buffalo. Involved in case of G...

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by their Att[orne]ys. Payne & Wilson.”

Notation in handwriting of Charles H. Foot.


1838 March 29. fi. fa. [
fieri facias

Abbreviated “fi. fa.” It is a writ of execution “that lies for him who has recovered any debt or damages. . . . It is a command to the sheriff, that of the goods and chattels of the party he cause to be made the sum recovered by the judgment.”

View Glossary
] issued & d.d. to
Wm Marks

15 Nov. 1792–22 May 1872. Farmer, printer, publisher, postmaster. Born at Rutland, Rutland Co., Vermont. Son of Cornell (Cornwall) Marks and Sarah Goodrich. Married first Rosannah R. Robinson, 2 May 1813. Lived at Portage, Allegany Co., New York, where he...

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the assignee.

Notation in unidentified handwriting.


Returned April 3. 1838 and by the
Shff

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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s Return it appears he levied the same upon the following lots or parcels of land lying and being in the township 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...

More Info
, 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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& 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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, to wit, One lot known as a part of lot No 23 and is bounded as follows to wit: Beginning at the south east corner of lot 27, thence West on land owned by Amos Wheeler to land owned by
William Draper [Jr.]

24 Apr. 1807–28 May 1886. Farmer, shoemaker, merchant. Born at Richmond Township, Frontenac Co., Midland District (later in Greater Napanee, Lennox and Addington Co., Ontario), Upper Canada. Son of William Draper Sr. and Lydia Lathrop. Married Elizabeth Staker...

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, thence south on said
William Draper

24 Apr. 1807–28 May 1886. Farmer, shoemaker, merchant. Born at Richmond Township, Frontenac Co., Midland District (later in Greater Napanee, Lennox and Addington Co., Ontario), Upper Canada. Son of William Draper Sr. and Lydia Lathrop. Married Elizabeth Staker...

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’s lands to land owned by Pierson, thence East on said Pierson’s land to land owned by S. Gore, thence South 18 rods, thence East to the centre of the old road, thence South on the centre of said road to the place of beginning containing thirty eight acres of land be the same more or less. Also one other piece in Lot No 27 tract 2 in said township and bounded as follows to wit: Beginning at the south west corner of a lot of land bought of Oliver Higby which is in the centre of the old road on lot No 27, thence East 17 rods & 20 links to the centre of the new road 12 rods & 5 links, thence west parallel with the north line 20 rods to the centre of the old road, thence North on the centre of the old road 10½ rods to the place of beginning containing one acre of land. Also one other lot in said
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...

More Info
bounded as follows: On the North, East & South by land owned by Lyman & Griffith, on the west by lands of Granger, McDougles, Marks, Bump, Bragerton and Stratton. Also a certain lot bounded on the by the highway and on the South, East & North by lands owned by Samuel Canfield, containing eight acres of land, the same more or less, which was duly appraised, at the sum of $773.70, but further proceedings stayed for want of time.
Shff

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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s fees $7.15 Clerks 0.60.
1838 April 23. Vend. Ex. [
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.”

View Glossary
] issued & d.d to
Shff 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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.

Notation in handwriting of David D. Aiken.


Returned June 4. 1838, the property unsold— (
Shff

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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s. fees $18.21 Clk 0.35.)

Notation in handwriting of David D. Aiken.


to
Wm Marks

15 Nov. 1792–22 May 1872. Farmer, printer, publisher, postmaster. Born at Rutland, Rutland Co., Vermont. Son of Cornell (Cornwall) Marks and Sarah Goodrich. Married first Rosannah R. Robinson, 2 May 1813. Lived at Portage, Allegany Co., New York, where he...

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assignee, for the Sum of $515.80—— These proceedings of the
Shff

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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. approved at April Term 1841— & the <​present Shff.
E[rastus] 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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​> ordered to make a deed of said lands, to said
William Marks

15 Nov. 1792–22 May 1872. Farmer, printer, publisher, postmaster. Born at Rutland, Rutland Co., Vermont. Son of Cornell (Cornwall) Marks and Sarah Goodrich. Married first Rosannah R. Robinson, 2 May 1813. Lived at Portage, Allegany Co., New York, where he...

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. See motion on file— See also Journal O. p. 254— Clerk’s fees on this motion $0.60—

Notation in handwriting of David D. Aiken.


Rec’d Nov. 23. 1843 of
Grandison Newell

2 May 1785–10 June 1874. Farmer, clockmaker, furniture maker, manufacturer, merchant, banker. Born in Barkhamsted, Litchfield Co., Connecticut. Son of Solomon Newell and Damaris Johnson. Married Betsy Smith, 16 Apr. 1807. Moved to Winsted, Litchfield Co.;...

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$45.45 in full the above costs.
D[avid] D. Aiken

20 Sept. 1794–12 Dec. 1861. County clerk, associate judge, merchant. Born in New York. Baptized into Episcopalian church, 9 Aug. 1818, in New York. Married Laura Loomis. Moved to Brown, Stark Co., Ohio, by 1820; to Painesville, Geauga Co., Ohio; and to Chardon...

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—

Notation in handwriting of David D. Aiken.


Recd. of
D. D. Aiken

20 Sept. 1794–12 Dec. 1861. County clerk, associate judge, merchant. Born in New York. Baptized into Episcopalian church, 9 Aug. 1818, in New York. Married Laura Loomis. Moved to Brown, Stark Co., Ohio, by 1820; to Painesville, Geauga Co., Ohio; and to Chardon...

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twenty-Six 50/100 Dollars amt of my fees & Int.—

Signature of Abel Kimball.


A. 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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I have credited plff’s Attys. docket fee & int. $7.03
D. D. Aiken

20 Sept. 1794–12 Dec. 1861. County clerk, associate judge, merchant. Born in New York. Baptized into Episcopalian church, 9 Aug. 1818, in New York. Married Laura Loomis. Moved to Brown, Stark Co., Ohio, by 1820; to Painesville, Geauga Co., Ohio; and to Chardon...

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[7 lines blank] [p. 54]
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Source Note

Document Transcript

Page 54

Document Information

Related Case Documents
Editorial Title
Docket Entry, Costs, circa 5 June 1837 [G. Patterson and J. Patterson v. Cahoon, Carter & Co. and Rigdon, Smith & Cowdery]
ID #
4519
Total Pages
1
Print Volume Location
Handwriting on This Page
  • David D. Aiken
  • Charles H. Foot
  • Unidentified
  • Abel Kimball

Footnotes

  1. new scribe logo

    Notation in handwriting of Charles H. Foot.

  2. new scribe logo

    Notation in handwriting of Charles H. Foot.

  3. new scribe logo

    Notation in unidentified handwriting.

  4. new scribe logo

    Notation in handwriting of David D. Aiken.

  5. new scribe logo

    Notation in handwriting of David D. Aiken.

  6. new scribe logo

    Notation in handwriting of David D. Aiken.

  7. new scribe logo

    Notation in handwriting of David D. Aiken.

  8. new scribe logo

    Signature of Abel Kimball.

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