Introduction to Stannard v. Young et al.

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Introduction to Stannard v. Young et al. Agreement with Claudius Stannard, 3 October 1836 Docket Entry, Discontinuance, 3 April 1838 [Stannard v. Young et al.] Docket Entry, Costs, circa 3 April 1838 [Stannard v. Young et al.]
Introduction to Stannard v. Young et al.
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Stannard v. Young, Pratt, and JS

Geauga Co., Ohio, Court of Common Pleas, 3 April 1838

Historical Introduction

Sometime in 1837, Claudius Stannard, a longtime resident of
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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, Ohio, commenced an action against JS,
Brigham Young
1 June 1801–29 Aug. 1877. Carpenter, painter, glazier, colonizer. Born at Whitingham, Windham Co., Vermont. Son of John Young and Abigail (Nabby) Howe. Brought up in Methodist household; later joined Methodist church. Moved to Sherburne, Chenango Co., New...
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, and
Parley P. Pratt
12 Apr. 1807–13 May 1857. Farmer, editor, publisher, teacher, school administrator, legislator, explorer, author. Born at Burlington, Otsego Co., New York. Son of Jared Pratt and Charity Dickinson. Traveled west with brother William to acquire land, 1823....
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for nonpayment of a debt they owed to him. On 3 October 1836, Stannard had sold slightly over 197 acres, including a stone quarry, to the three men.
1
Agreement with Claudius Stannard, 3 Oct. 1836. The signatures of the purchasers, supposedly JS, Young, and Pratt, were torn out; Pratt, however, was on a mission in Canada and not available to sign the agreement. The signatures with their accompanying seals were presumably removed when, as explained in this introduction, the obligation was canceled. (Pratt, Autobiography, 173–174; see also Historical Introduction to Promissory Note to Jonathan Burgess, 17 Aug. 1836; and Gilbert, Law of Evidence, 97.)
Comprehensive Works Cited
Pratt, Parley P. The Autobiography of Parley Parker Pratt, One of the Twelve Apostles of the Church of Jesus Christ of Latter-Day Saints, Embracing His Life, Ministry and Travels, with Extracts, in Prose and Verse, from His Miscellaneous Writings. Edited by Parley P. Pratt Jr. New York: Russell Brothers, 1874.
Gilbert, Baron. The Law of Evidence. Seventh Edition. With Notes and Additional References to Contemporary Writers and Later Cases; and a Complete Table of the Whole. Edited by James Sedgwick. Philadelphia: Joseph Crukshank, 1805.
The price for the land was almost $7,000. The initial payment of $1,000 was apparently made on the day of the purchase, with the remainder to be paid in five installments over a period of four years.
2
Agreement with Claudius Stannard, 3 Oct. 1836.
Although JS, Pratt, and Young tried to generate income from the land through various arrangements,
3
JS, Young, and Pratt rented the land to William Tenney, Silas Smith, and Lorenzo Young to quarry stone in November 1836 and sold stone to various individuals between March and May 1837. (Agreement with William Tenney and Others, 30 Nov. 1836; Young, Account Book, [35], CHL.)
Young, Brigham. Account Book, 1836–1837, 1841–1846. CHL.
they were able to pay only half of the $2,000 owed on 3 December 1836, leading to Stannard’s lawsuit.
4
Docket Entry, Costs, ca. 3 Apr. 1838 [Stannard v. Young et al.]. The suit was an action in covenant.

The case, however, never proceeded to trial. On 2 April 1838, the contract was canceled by the mutual agreement of the parties.
5
Notation, 2 Apr. 1838, in Agreement with Claudius Stannard, 3 Oct. 1836.
The cancellation of the agreement meant that Stannard no longer had a cause of action against JS and his associates and he was therefore
nonsuited
“A judgment given against a plaintiff, when he is unable to prove his case, or when he refuses or neglects to proceed to trial of a cause after it has been put at issue, without determining such issue.”
View Glossary
.
6
Docket Entry, Discontinuance, 3 Apr. 1838 [Stannard v. Young et al.].
The following day, the court issued a judgment in favor of JS and his associates and awarded them court costs in accordance with
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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law.
7
Docket Entry, Costs, ca. 3 Apr. 1838 [Stannard v. Young et al.]. Ohio law provided that the “party recovering final judgment shall be entitled to recover costs.” (An Act to Amend the Act, Entitled “An Act to Regulate the Practice of the Judicial Courts” [9 Mar. 1835], Statutes of the State of Ohio [1841], p. 688, sec. 144.)
Statutes of the State of Ohio, of a General Nature, in Force, December 7, 1840; Also, the Statutes of a General Nature, Passed by the General Assembly at Their Thirty-Ninth Session, Commencing December 7, 1840. Columbus, OH: Samuel Medary, 1841.
Because the contract was not fulfilled, Stannard took possession of the property.
8
Geauga Co., OH, Duplicate Tax Records, 1816–1850, Tax Record for 1838, p. 35, microfilm 20,261, U.S. and Canada Records Collection, FHL.
U.S. and Canada Record Collection. FHL.

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.

1836 (1)
October (1)
3 October 1836
Claudius Stannard, Agreement, with Parley P. Pratt and Others, Kirtland Township, Geauga Co., OH
3 Oct. 1836; JS Collection, CHL; printed form with manuscript additions in handwriting of Jonathan Lapham; signatures removed; witnessed by Jonathan Lapham and William C. Stannard; docket in handwriting of Jonathan Lapham; notations in handwriting of Jonathan Lapham with signatures of Claudius Stannard and William Marks; docket in handwriting of William Clayton.

Stannard v. Young and JS, Geauga Co., Ohio, Court of Common Pleas
1838 (3)
April (3)
3 April 1838
Docket Entry, Discontinuance, Chardon, Geauga Co., OH
3 Apr. 1838; Geauga County Court of Common Pleas, Journal, vol. N, p. 290, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken.

Ca. 3 April 1838
Docket Entry, Costs, Chardon, Geauga Co., OH
Ca. 3 Apr. 1838; Geauga County Court of Common Pleas, Execution Docket, vol. G, p. 360, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken; notation in handwriting of David D. Aiken with signature of Abel Kimball.

Ca. 3 April 1838
Fee Bill, Geauga Co., OH
Ca. 3 Apr. 1838. Not extant.
1
See Docket Entry, Costs, ca. 3 Apr. 1838 [Stannard v. Young et al.].

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Introduction to Stannard v. Young et al.
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Footnotes
[1]
Agreement with Claudius Stannard, 3 Oct. 1836. The signatures of the purchasers, supposedly JS, Young, and Pratt, were torn out; Pratt, however, was on a mission in Canada and not available to sign the agreement. The signatures with their accompanying seals were presumably removed when, as explained in this introduction, the obligation was canceled. (Pratt, Autobiography, 173–174; see also Historical Introduction to Promissory Note to Jonathan Burgess, 17 Aug. 1836; and Gilbert, Law of Evidence, 97.)
Pratt, Parley P. The Autobiography of Parley Parker Pratt, One of the Twelve Apostles of the Church of Jesus Christ of Latter-Day Saints, Embracing His Life, Ministry and Travels, with Extracts, in Prose and Verse, from His Miscellaneous Writings. Edited by Parley P. Pratt Jr. New York: Russell Brothers, 1874.
Gilbert, Baron. The Law of Evidence. Seventh Edition. With Notes and Additional References to Contemporary Writers and Later Cases; and a Complete Table of the Whole. Edited by James Sedgwick. Philadelphia: Joseph Crukshank, 1805.
[2]
Agreement with Claudius Stannard, 3 Oct. 1836.
[3]
JS, Young, and Pratt rented the land to William Tenney, Silas Smith, and Lorenzo Young to quarry stone in November 1836 and sold stone to various individuals between March and May 1837. (Agreement with William Tenney and Others, 30 Nov. 1836; Young, Account Book, [35], CHL.)
Young, Brigham. Account Book, 1836–1837, 1841–1846. CHL.
[4]
Docket Entry, Costs, ca. 3 Apr. 1838 [Stannard v. Young et al.]. The suit was an action in covenant.
[5]
Notation, 2 Apr. 1838, in Agreement with Claudius Stannard, 3 Oct. 1836.
[6]
Docket Entry, Discontinuance, 3 Apr. 1838 [Stannard v. Young et al.].
[7]
Docket Entry, Costs, ca. 3 Apr. 1838 [Stannard v. Young et al.]. Ohio law provided that the “party recovering final judgment shall be entitled to recover costs.” (An Act to Amend the Act, Entitled “An Act to Regulate the Practice of the Judicial Courts” [9 Mar. 1835], Statutes of the State of Ohio [1841], p. 688, sec. 144.)
Statutes of the State of Ohio, of a General Nature, in Force, December 7, 1840; Also, the Statutes of a General Nature, Passed by the General Assembly at Their Thirty-Ninth Session, Commencing December 7, 1840. Columbus, OH: Samuel Medary, 1841.
[8]
Geauga Co., OH, Duplicate Tax Records, 1816–1850, Tax Record for 1838, p. 35, microfilm 20,261, U.S. and Canada Records Collection, FHL.
U.S. and Canada Record Collection. FHL.