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Introduction to Gray v. A. Allen Bond, Adolphus Allen to James Gray, 9 March 1837 Bond, Adolphus Allen to James Gray, 9 March 1837, Copy Praecipe, 24 March 1841 [Gray v. A. Allen] Summons, 24 March 1841 [Gray v. A. Allen] Declaration, circa 20 April 1841 [Gray v. A. Allen] Demurrer, circa 3 May 1841 [Gray v. A. Allen] Docket Entry, Confessed Demurrer, Leave to Amend Declaration, and Judgment, 10 May 1841 [Gray v. A. Allen] Case File Wrapper, circa May 1841 [Gray v. A. Allen] Certificate, 2 August 1841 [Gray v. A. Allen] Certificate, 2 August 1841, Copy [Gray v. A. Allen] Docket Entry, Execution, circa 2 August 1841 [Gray v. A. Allen] Fee Bill, circa August 1841 [Gray v. A. Allen] Receipt, 25 July 1842 [Gray v. A. Allen]

Introduction to Gray v. A. Allen

Page

Gray v. A. Allen
Hancock Co., Illinois, Circuit Court, 10 May 1841
 
Historical Introduction
In September 1841, JS entered into an agreement to help
Adolphus Allen

ca. 1790–ca. 31 Mar. 1857. Physician. Likely born in Northumberland Co., Pennsylvania. Son of Nathaniel Allen and Lydia Stevens. Married Arvilla Skinner, 29 Mar. 1836. Among first settlers in Hancock Co., Illinois. Deeded land to JS, Sept. 1841. Living in...

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redeem property that had been seized and sold as part of a debt case. In 1841, James Gray sued Allen in 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 ...

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, Illinois, circuit court over unpaid debts. Gray had apparently loaned Allen $1,000 in March 1837, for which Allen signed a
bond

A formal written agreement whereby a person undertakes to pay a specified sum of money to another person or to perform a certain act by an appointed date. Generally, if the obligor pays the full amount or fully performs the required act, the bond becomes ...

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promising to repay the money plus interest to Gray by March 1841. According to the conditions of the bond, failure to repay carried a $2,000 penalty.
1

Bond, Adolphus Allen to James Gray, 9 Mar. 1837.


Allen used this money to purchase two parcels of land comprising approximately 120 acres in Hancock County.
2

Letter from Adolphus Allen, 13 July 1841.


Although he paid off half the bond by summer 1838, he made no further payments to Gray thereafter. In March 1841, when the bond became due, Gray initiated a suit to recover the $2,000 penalty. When the case came to trial on 10 May 1841, the court clerk assessed Gray’s damages at $687.66 and granted an
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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allowing him to recover these
damages

The measure of amount to be legally recovered by a person who sustained direct injury to his or her person, property, or rights from the person who caused the harm. Compensatory damages are to recompense actual losses sustained by a party if there are not...

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from Allen.
3

Bond, Adolphus Allen to James Gray, 9 Mar. 1837; Summons, 24 Mar. 1841 [Gray v. A. Allen]; Docket Entry, Confessed Demurrer, Leave to Amend Declaration, and Judgment, 10 May 1841 [Gray v. A. Allen].


In June 1841, Sheriff
William D. Abernethy

8 Apr. 1801–3 July 1850. Postmaster, storekeeper, sheriff, farmer. Born in Harwinton, Litchfield Co., Connecticut. Son of William Conant Abernethy and Azubah Dexter. Moved with family to Jacksonville, Morgan Co., Illinois. Cofounded Augusta, Hancock Co., ...

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seized the two parcels of property Allen had purchased in Hancock County.
4

Certificate, 2 Aug. 1841 [Gray v. A. Allen].


About a month after the lands were seized,
Allen

ca. 1790–ca. 31 Mar. 1857. Physician. Likely born in Northumberland Co., Pennsylvania. Son of Nathaniel Allen and Lydia Stevens. Married Arvilla Skinner, 29 Mar. 1836. Among first settlers in Hancock Co., Illinois. Deeded land to JS, Sept. 1841. Living in...

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met with JS, apparently in an attempt to persuade him to purchase the properties at auction to prevent Gray from taking possession of them. Shortly after their interview, Allen wrote a letter to JS that again urged him to help redeem the property.
5

Letter from Adolphus Allen, 13 July 1841.


However, these early attempts to persuade JS to intervene were evidently unsuccessful, and on 2 August 1841, Gray purchased the land parcels at auction for $500.
6

Certificate, 2 Aug. 1841 [Gray v. A. Allen].


Nevertheless, Allen continued seeking means to regain the properties.
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...

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law gave defendants twelve months to redeem property that had been seized and sold at auction to satisfy a legal judgment. In order to redeem the property, the defendant had to pay the purchaser the sum of money they had bid on the property as well as ten percent interest if the purchaser was the plaintiff. This property could be redeemed by the defendant, their heirs, executors, administrators, or grantees.
7

An Act concerning Judgments and Executions [17 Jan. 1825], Public and General Statute Laws of the State of Illinois, p. 392, sec. 11.


Comprehensive Works Cited

The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.

On 17 September 1841, Allen signed a bond with JS promising to transfer the property to JS if JS paid the money to redeem the seized and auctioned property, as well as a
mortgage

“A conveyance of lands by a debtor to his creditor as a pledge and security for the repayment of a sum of money borrowed, or performance of a covenant . . . with a proviso that such conveyance shall be void on payment of the money and interest on a certain...

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agreeing to pay $100 to JS in exchange for forty acres of the property.
8

Mortgage from Adolphus Allen, 17 Sept. 1841; Bond from Adolphus Allen, 17 Sept. 1841.


Although JS agreed to redeem
Allen

ca. 1790–ca. 31 Mar. 1857. Physician. Likely born in Northumberland Co., Pennsylvania. Son of Nathaniel Allen and Lydia Stevens. Married Arvilla Skinner, 29 Mar. 1836. Among first settlers in Hancock Co., Illinois. Deeded land to JS, Sept. 1841. Living in...

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’s property in September 1841, he did not pay for the property for another year. On 22 July 1842,
William Clayton

17 July 1814–4 Dec. 1879. Bookkeeper, clerk. Born at Charnock Moss, Penwortham, Lancashire, England. Son of Thomas Clayton and Ann Critchley. Married Ruth Moon, 9 Oct. 1836, at Penwortham. Baptized into Church of Jesus Christ of Latter-day Saints by Heber...

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, one of JS’s regular financial agents, paid the county $548.62 to redeem the property. The sheriff noted JS’s payment on the certificate of sale, documenting that the property had been redeemed.
9

Certificate, 2 Aug. 1841 [Gray v. A. Allen].


To fully satisfy the judgment against Allen, Clayton further paid Gray $237 three days later and a receipt of the payment was forwarded to the circuit court.
10

Receipt, 25 July 1842 [Gray v. A. Allen].


After the two parcels of land were redeemed, JS obtained rights to the larger eighty-acre parcel, while Allen retained the smaller forty-acre one, as per their earlier agreement.
11

Trustees Land Book B, 17, 25.


 
Calendar of Documents
This calendar lists all known documents created by or for the court, whether extant or not. It does not include versions of documents created for other purposes, though those versions may be listed in footnotes. In certain cases, especially in cases concerning unpaid debts, the originating document (promissory note, invoice, etc.) is listed here. Note that documents in the calendar are grouped with their originating court. Where a version of a document was subsequently filed with another court, that version is listed under both courts.
 

1837 (1)

March (1)

9 March 1837

Adolphus Allen, Bond, Hancock Co., IL, to James Gray, Hancock Co., IL

  • 9 Mar. 1837; Hancock County Courthouse, Carthage, IL; microfilm 1,521,252 at FHL; handwriting presumably of Adolphus Allen; signatures presumably of Samuel Steele and Lenore Steele; docket presumably in handwriting of Adolphus Allen; notations in unidentified handwriting with signatures of James Gray.
  • Ca. 21 Apr. 1841; Hancock County Courthouse, Carthage, IL; microfilm 1,521,252 at FHL; unidentified handwriting; docket in unidentified handwriting; notation in handwriting of S. Otho Williams.
 
Hancock Co., Illinois, Circuit Court

1841 (10)

March (2)

24 March 1841

Little & Williams on behalf of James Gray, Praecipe, to Hancock Co. Circuit Court Clerk, Hancock Co., IL

  • 24 Mar. 1841; Hancock County Courthouse, Carthage, IL; microfilm 1,521,252 at FHL; unidentified handwriting; docket in unidentified handwriting; notations in handwriting of S. Otho Williams.
24 March 1841

S. Otho Williams, Summons, to Hancock Co. Sheriff, for Adolphus Allen, Carthage, Hancock Co., IL

  • 24 Mar. 1841; Hancock County Courthouse, Carthage, IL; microfilm 1,521,252 at FHL; printed form with manuscript additions in handwriting of S. Otho Williams; docket printed with manuscript additions probably in handwriting of S. Otho Williams; notations printed with manuscript additions in handwriting of William D. Abernethy.

April (1)

Ca. 20 April 1841

Little & Williams on behalf of James Gray, Declaration, Hancock Co., IL

  • Ca. 20 Apr. 1841; Hancock County Courthouse, Carthage, IL; microfilm 1,521,252 at FHL; unidentified handwriting; docket in unidentified handwriting; notation in handwriting of S. Otho Williams.

May (2)

Ca. 3 May 1841

Thomas Morrison on behalf of Adolphus Allen, Demurrer, Hancock Co., IL

  • Ca. 3 May 1841; Hancock County Courthouse, Carthage, IL; microfilm 1,521,252 at FHL; handwriting presumably of Thomas Morrison; docket presumably in handwriting of Thomas Morrison; notation in handwriting of S. Otho Williams.
10 May 1841

Docket Entry, Confessed Demurrer, Leave to Amend Declaration, and Judgment, Carthage, Hancock Co., IL

  • 10 May 1841; Hancock County Circuit Court Record, vol. C, pp. 119–120, Hancock County Courthouse, Carthage, IL; microfilm at FHL; unidentified handwriting.

June (1)

11 June 1841

Fieri Facias, to Hancock Co. Sheriff, Carthage, Hancock Co., IL

  • 11 June 1841. Not extant.
    1

    See Certificate, 2 Aug. 1841 [Gray v. A. Allen].


August (4)

2 August 1841

William D. Abernethy, Certificate, Carthage, Hancock Co., IL

  • 2 Aug. 1841; Hancock County Courthouse, Carthage, IL; microfilm 1,637,612 at FHL; printed form with manuscript additions in handwriting of William D. Abernethy; docket in handwriting of S. Otho Williams; notation in handwriting of Chauncey Robison; notation presumably in handwriting of Melancton S. Carey; dockets in unidentified handwriting; notation in unidentified handwriting.
  • Ca. 22 July 1841; Hancock County Sheriff, Old Certificates of Purchase, Levy, and Redemption, pp. 46–47, Hancock County Courthouse, Carthage, IL; microfilm 955,142 at FHL; handwriting of Melancton S. Carey.
Ca. 2 August 1841

Docket Entry, Execution, Carthage, Hancock Co., IL

  • Ca. 2 Aug. 1841; Hancock County Circuit Court, Execution Docket, vol. A, p. [77], Hancock County Courthouse, Carthage, IL; image in Hancock County Papers, 1830–1872, CHL; unidentified handwriting.
Ca. August 1841

Fee Bill, Carthage, Hancock Co., IL

  • Ca. Aug. 1841; Hancock County Circuit Court, Fee Book E, p. 229, Hancock County Courthouse, Carthage, IL; handwriting of S. Otho Williams.
Ca. August 1841

Bill of Costs, Carthage, Hancock Co., IL

  • Ca. Aug. 1841. Not extant.
    1

    See Fee Bill, ca. Aug. 1841 [Gray v. A. Allen].


  • Ca. Aug. 1841. Not extant.
    2

    See Fee Bill, ca. Aug. 1841 [Gray v. A. Allen].


1842 (1)

July (1)

25 July 1842

James Gray, Receipt, to JS, Hancock Co., IL

  • 25 July 1842; Hancock County Courthouse, Carthage, IL; microfilm 1,521,252 at FHL; unidentified handwriting; signature of James Gray; docket in unidentified handwriting; notation in handwriting of Matthias Avise.
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Related Case Documents
Editorial Title
Introduction to Gray v. A. Allen
ID #
19764
Total Pages
1
Print Volume Location
Handwriting on This Page

    Footnotes

    1. [1]

      Bond, Adolphus Allen to James Gray, 9 Mar. 1837.

    2. [2]

      Letter from Adolphus Allen, 13 July 1841.

    3. [3]

      Bond, Adolphus Allen to James Gray, 9 Mar. 1837; Summons, 24 Mar. 1841 [Gray v. A. Allen]; Docket Entry, Confessed Demurrer, Leave to Amend Declaration, and Judgment, 10 May 1841 [Gray v. A. Allen].

    4. [4]

      Certificate, 2 Aug. 1841 [Gray v. A. Allen].

    5. [5]

      Letter from Adolphus Allen, 13 July 1841.

    6. [6]

      Certificate, 2 Aug. 1841 [Gray v. A. Allen].

    7. [7]

      An Act concerning Judgments and Executions [17 Jan. 1825], Public and General Statute Laws of the State of Illinois, p. 392, sec. 11.

      The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.

    8. [8]

      Mortgage from Adolphus Allen, 17 Sept. 1841; Bond from Adolphus Allen, 17 Sept. 1841.

    9. [9]

      Certificate, 2 Aug. 1841 [Gray v. A. Allen].

    10. [10]

      Receipt, 25 July 1842 [Gray v. A. Allen].

    11. [11]

      Trustees Land Book B, 17, 25.

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