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Introduction to Robinson v. C. Granger

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Introduction to Robinson v. C. Granger Bond, 30 August 1839 [Robinson v. C. Granger] Affidavit, 16 November 1841 [Robinson v. C. Granger] Summons, 16 November 1841 [Robinson v. C. Granger] Venire Facias, 16 November 1841 [Robinson v. C. Granger] Subpoena, 13 December 1841 [Robinson v. C. Granger] Subpoena, 16 December 1841 [Robinson v. C. Granger] Verdict, 16 December 1841 [Robinson v. C. Granger] Docket Entry, circa 16 December 1841 [Robinson v. C. Granger] Account of Hearing, circa 16 December 1841 [Robinson v. C. Granger] Summons, 21 December 1841 [Robinson v. C. Granger] Docket Entry, Dismissal, 6 May 1842 [Robinson v. C. Granger]

Introduction to Robinson v. C. Granger

Page

Robinson v. C. Granger
Nauvoo, Hancock Co., Illinois, Mayor’s Court, 16 December 1841
Hancock Co., Illinois, Circuit Court, 6 May 1842
 
Historical Introduction
In July 1839, purchased several acres of land from Edward Farley, a longtime resident of , Illinois. The following month, Robinson sold the same parcels of land to , who executed two promissory notes for $100 each, payable to Robinson in thirty days. Differences arose between the two men, and their disagreement escalated to the point that Granger attempted to enforce his rights at gunpoint. He claimed that Robinson “cut and pillaged a large quantity of timber” from the land.
In November 1841, filed an affidavit charging with , claiming that Granger had illegally occupied the land since September 1839. It is unclear why Robinson waited more than two years to bring this suit. In response to the affidavit, , ’s mayor and a justice of the peace, issued a summons for Granger and ordered sheriff to summon twelve men to serve as jurors. At trial on 16 December 1841, was one of the witnesses sworn in behalf of the plaintiff while JS and testified in behalf of the defendant. The trial, originally scheduled to occur at the mayor’s office, convened in Hyrum Smith’s office. Following the testimony, the parties exhibited their “title-papers” to the jury, except that Robinson did not present his deed to the land. Thereafter the jury rendered a verdict in favor of the defendant, basing their decision upon the plaintiff’s failure “to prove his title to the land.” Bennett then held “that the said Carlos Granger retain the premises” and that Robinson pay the costs of the suit.
Following the jury’s decision, and JS discussed whether had a right to possess and use the land during the appeal process. After listening to their opinions, the court determined to require Granger to enter a bond, in favor of , until the appeal was decided.
In May 1842, the appeal was “dismissed according to agreement on file.” The agreement did not resolve the dispute. In April 1843, wrote that he was “anxious to have that matter settled” and that he wanted “to have all the land he has payed for & no more.”
 
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.
 

1839 (3)

August (3)

30 August 1839

George W. Robinson, Bond for Property in Nauvoo, Hancock Co., IL, to Carlos Granger

  • 30 Aug. 1839. Not extant.
  • 13 June 1840; Hancock Co., IL, Bonds and Mortgages, 1840–1904, vol. 1, p. 15, Hancock County Courthouse, Carthage, IL; microfilm at FHL; unidentified handwriting.
30 August 1839

Carlos Granger, Promissory Note, Nauvoo, Hancock Co., IL, to George W. Robinson, 30 Aug. 1839–A

30 August 1839

Carlos Granger, Promissory Note, Nauvoo, Hancock Co., IL, to George W. Robinson, 30 Aug. 1839–B

 
Nauvoo, Illinois, Mayor’s Court

1841 (10)

November (3)

16 November 1841

George W. Robinson, Affidavit, before John C. Bennett, Nauvoo, Hancock Co., IL

16 November 1841

John C. Bennett, Summons, to Hancock Co. Sheriff, for Carlos Granger, Nauvoo, Hancock Co., IL

16 November 1841

John C. Bennett, Venire Facias, to Hancock Co. Sheriff, Nauvoo, Hancock Co., IL

December (7)

13 December 1841

John C. Bennett, Subpoena, for John Scott and Others, Nauvoo, Hancock Co., IL

16 December 1841

John C. Bennett, Subpoena, for Arthur Morrison and Others, Nauvoo, Hancock Co., IL

16 December 1841

William Marks and Others, Verdict, Nauvoo, Hancock Co., IL

Ca. 16 December 1841

Docket Entry, Nauvoo, Hancock Co., IL

  • Ca. 16 Dec. 1841; Nauvoo Mayor’s Court Docket Book, 18–23; handwriting of John C. Bennett.
Ca. 16 December 1841

Supersedeas, Nauvoo, Hancock Co., IL

Ca. 16 December 1841

Account of Hearing, Nauvoo, Hancock Co., IL

Ca. 16 December 1841

Carlos Granger, Bond, Nauvoo, Hancock Co., IL

 
Hancock Co., Illinois, Circuit Court

1841 (1)

December (1)

21 December 1841

Jacob Davis, Summons, to Hancock Co. Sheriff, for Carlos Granger, Carthage, Hancock Co., IL

  • 21 Dec. 1841; Hancock Co., IL, Circuit Court Legal Documents, 1839–1860, Twentieth-Century Western and Mormon Manuscripts, BYU; printed form with manuscript additions in handwriting of Jacob Davis; docket printed with manuscript additions in handwriting of Jacob Davis; notation printed with manuscript additions in handwriting of William D. Abernethy; notation printed with manuscript additions in handwriting of Henry W. Candle.

1842 (2)

May (2)

Before 6 May 1842

Agreement, Carthage, Hancock Co., IL

6 May 1842

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

  • 6 May 1842; Hancock County Circuit Court Record, vol. C, p. 277, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of Chauncey Robison.
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Editorial Title
Introduction to Robinson v. C. Granger
ID #
14498
Total Pages
1
Print Volume Location
Handwriting on This Page

    Footnotes

    1. [1]

      Hancock Co., IL, Deed Records, 1817–1917, vol. 12-G, pp. 248–249, 16 July 1839, microfilm 954,195, U.S. and Canada Record Collection, FHL. Farley was a resident of Commerce, Illinois, as late as January 1831. (“Death Reaping His Harvest,” Standard [Ogden, Utah Territory], 19 Sept. 1892, [1].)

      U.S. and Canada Record Collection. FHL.

      Ogden Standard. Ogden, UT. 1888–.

    2. [2]

      Granger recalled that the sale transpired in the “Spring of 1840,” while it actually happened in August 1839. (Bond, 30 Aug. 1839 [Robinson v. C. Granger]; “G. W. Robinson,” Times and Seasons, 1 Aug. 1842, 3:878.)

      Times and Seasons. Commerce/Nauvoo, IL. Nov. 1839–Feb. 1846.

    3. [3]

      There is a discrepancy between the legal description of the land sold by Farley to Robinson in July 1839 and the description found in the August 1839 document noting the sale of the land to Granger. The July document described the sale involving section 36 as “the South half of the North half of the North West Quarter,” while the August document erroneously described it as “the South half of the <west Half of the> North West quarter.” The “west Half” was an insertion, apparently made soon after. The $100 promissory notes did not represent the entire price of the land. Granger stated that he had paid Robinson $411, “leaving a residue of $39 unpaid.” (Hancock Co., IL, Deed Records, 1817–1917, vol. 12-G, pp. 248–249, 16 July 1839, microfilm 954,195, U.S. and Canada Record Collection, FHL; Bond, 30 Aug. 1839 [Robinson v. C. Granger]; “G. W. Robinson,” Times and Seasons, 1 Aug. 1842, 3:878.)

      U.S. and Canada Record Collection. FHL.

      Times and Seasons. Commerce/Nauvoo, IL. Nov. 1839–Feb. 1846.

    4. [4]

      Robinson claimed that Granger failed to pay the notes when they became due. He allowed him another week to make payment, but only received $87. When Robinson requested the balance of the debt, Granger refused to settle. After consulting an attorney, Robinson sold a portion of the land to Horace Eldredge. Granger offered to pay the balance upon learning that Robinson had sold the land to other parties, but Robinson refused the payment. (“Letter from Col. Robinson,” Sangamo Journal [Springfield, IL], 26 Aug. 1842, [2]; “G. W. Robinson,” Times and Seasons, 1 Aug. 1842, 3:878.)

      Sangamo Journal. Springfield, IL. 1831–1847.

      Times and Seasons. Commerce/Nauvoo, IL. Nov. 1839–Feb. 1846.

    5. [5]

      Account of Hearing, ca. 16 Dec. 1841 [Robinson v. C. Granger].

    6. [6]

      “G. W. Robinson,” Times and Seasons, 1 Aug. 1842, 3:878.

      Times and Seasons. Commerce/Nauvoo, IL. Nov. 1839–Feb. 1846.

    7. [7]

      Affidavit, 16 Nov. 1841 [Robinson v. C. Granger]. The affidavit was worded so as to cover the provisions for forcible entry and detainer, not just detainer.

    8. [8]

      Summons, 16 Nov. 1841 [Robinson v. C. Granger]; An Act Concerning Forcible Entry and Detainer [2 Feb. 1827], Public and General Statute Laws of the State of Illinois, p. 313, sec. 2. Jurors were Graham Coltrin, Amos Davis, Levi Hancock, Lyman Leonard, William Marks, Anson Mathews, George McIntire, Joshua Smith, George Snyder, John B. Walker, Samuel Winegar, and William Woodward. (Venire Facias, 16 Nov. 1841 [Robinson v. C. Granger].)

      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.

    9. [9]

      Docket Entry, ca. 16 Dec. 1841 [Robinson v. C. Granger].

    10. [10]

      Docket Entry, Dismissal, 6 May 1842 [Robinson v. C. Granger]. Robinson claimed that he commenced legal proceedings in the circuit court, before agreeing to a settlement. He failed to mention prior proceedings in the mayor’s court and the verdict against him. (“Letter from Col. Robinson,” Sangamo Journal [Springfield, IL], 26 Aug. 1842, [2].)

      Sangamo Journal. Springfield, IL. 1831–1847.

    11. [11]

      Letter from George W. Robinson, 26 Apr. 1843.