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Historical Introduction to Kirtland Safety Society Notes, 4 Jan.–9 Mar. 1837; see also Introduction to Eaton v. JS and O. Cowdery ; and Invoice, Winthrop Eaton to Smith & Cowdery, 11 October 1836.
Summons, 9 June 1837 [Underwood, Bald, Spencer & Hufty v. Rigdon et. al.]. The only way for Underwood, Bald, Spencer & Hufty to have a promissory note with the signatures of JS, Rigdon, and several other Latter-day Saints was if the original debt was renegotiated in Kirtland because Cowdery had paid the original debt in 1836 on his own without a large company of Saints with him to sign the note. However, it is unclear when this renegotiation took place. The declaration made by the plaintiffs’ attorneys suggests that it occurred on 1 June 1837. (Declaration, ca. 7 July 1837 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.]. For more on JS’s debt renegotiations in 1837, see Historical Introduction to Power of Attorney to Oliver Granger, 27 Sept. 1837; Documents, Volume 5, Introduction to Part 6: 20 Apr.–14 Sept. 1837; and Historical Introduction to Statement of Account from Perkins & Osborn, ca. 29 Oct. 1838.)
Summons, 9 June 1837 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.]. It is unclear from the return notation whether the summons was served by Sheriff Abel Kimball or Deputy Sheriff Abner P. Axtell. The sheriff or deputy could not find Samuel Parker, William Smith, Hiram Clark, or Andrew Allen to serve their summons.
Declaration, ca. 7 July 1837 [Underwood, Bald, Spencer & Hufty v. Rigdon et. al.]. The renegotiated promissory note signed by JS and others amounted to $1,450. The $2,000 in damages may have included interest or additional expenses incurred in collecting the note. Additionally, when seeking damages, attorneys often requested more than the defaulted debt. (Summons, 9 June 1837 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.].)
Plea, ca. 28 Oct. 1837 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.]; Transcript of Proceedings, ca. 16 Apr. 1839 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.]. Although in October 1837 the defendants requested a jury trial, at the April 1839 term of court the attorneys for both sides agreed to submit the case to the decision of the court. The transcript of proceedings indicates that the defendants intended to appeal the decision to the Ohio Supreme Court, but they apparently never did, possibly because they were no longer living in Ohio by that time.
Docket Entry, Costs, ca. 16 Apr. 1839 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.]; Deed, 23 Nov. 1841 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.]. Granger sold the land to Daniel Carter, who petitioned the court for a deed in September 1841. Carter was given a deed of conveyance on 23 November 1841.
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