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Introduction to W. Schwartz et al. v. JS Declaration, circa 13 October 1843 [W. Schwartz et al. v. JS] Notice, 14 October 1843 [W. Schwartz et al. v. JS]

Introduction to W. Schwartz et al. v. JS

Page

W. Schwartz, Edward Schwartz Jr., I. Schwartz, Eliza Schwartz, Horatio Schwartz, J. Schwartz, Hiram Schwartz, and Elizabeth Schwartz v. JS
Hancock Co., Illinois, Circuit Court, circa October 1843, not litigated
 
Historical Introduction
In October 1843, the children of Edward Schwartz, by their attorney,
Jason Sherman

10 Nov. 1816–16 Feb. 1892. Lawyer, newspaper editor, commission merchant, real estate agent, collector. Born in Gilead, Oxford Co., Maine. Son of Jason Sherman and Mary (Polly) Stow. Moved to Guildhall, Essex Co., Vermont, by June 1830. Attended University...

View Full Bio
, notified JS of their intent to bring a legal action of “trespass and ejectment” against him for a disputed parcel of land in
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 ...

More Info
, Illinois.
1

Declaration, ca. 13 Oct. 1843 [W. Schwartz et al. v. JS]; Jackson Co., IL, Probate Records, Will Record, June 1843–Dec. 1864, pp. 141–143, 14 May 1845, microfilm 968,931, U.S. and Canada Record Collection, FHL.


Comprehensive Works Cited

U.S. and Canada Record Collection. FHL.

The action in ejectment was a procedure to recover possession of land and claim damages for unlawful withholding of the property.
2

“Ejectment,” in Bouvier, Law Dictionary, 1:503; “Ejectment,” in Saunders, Law of Pleading and Evidence, 1:515–516.


Comprehensive Works Cited

Bouvier, John. A Law Dictionary, Adapted to the Constitution and Laws of the United States of America, and of the Several States of the American Union; With References to the Civil and Other Systems of Foreign Law. 2nd ed. 2 vols. Philadelphia: T. and J. W. Johnson, 1843.

Saunders, John Simcoe. The Law of Pleading and Evidence in Civil Actions, Arranged Alphabetically With Practical Forms: And the Pleadings and Evidence to Support Them. 2nd American ed. 2 vols. Philadelphia: R. H. Small, 1831.

Conflicting titles were common in western
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...

More Info
, and to ensure a clear title to a property, it was often necessary to purchase multiple claims.
3

In an 1845 letter to an individual who had bought land from JS, William Clayton explained, “It is very frequently the case that in order to make a title perfect it is necessary to procure conveyances from the patent holders and tax title holders, both.” (William Clayton, Nauvoo, IL, 7 Mar. 1845, Copybook, pp. 4–5, Brigham Young Office Files, CHL.)


Comprehensive Works Cited

Brigham Young Office Files, 1832–1878. CHL. CR 1234 1.

The more claims on the property, the more work a purchaser would have to undertake to ensure a clear title. The lawsuit threatened by the descendants of Schwartz related to a particularly complex series of competing claims for a piece of property JS planned to purchase in 1843.
In 1818, Frederick F. Marker obtained a land patent for the southeast quarter of Section 5, Township 6 North, Range 8 West of the Fourth Principal Meridian in
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...

More Info
from the
United States

North American constitutional republic. Constitution ratified, 17 Sept. 1787. Population in 1805 about 6,000,000; in 1830 about 13,000,000; and in 1844 about 20,000,000. Louisiana Purchase, 1803, doubled size of U.S. Consisted of seventeen states at time ...

More Info
government as a military bounty for his service in the War of 1812.
4

Land patents, Hancock Co., IL, no. 14020, General Land Office Records, Bureau of Land Management, U.S. Department of the Interior; Land Patent, Frederick Marker, 17 Feb. 1818, Lands in Illinois to Soldiers of Late War, 310.


Comprehensive Works Cited

General Land Office Records, Bureau of Land Management, U.S. Department of the Interior. www.glorecords.blm.gov.

Lands in Illinois to soldiers of late war: Letter from the Commissioner of General Land Office, transmitting the information required by a resolution of the House of Representatives of the 6th of April last, respecting patents for lands in the military bounty land district in the state of Illinois, issued to soldiers of the late war, &c. Washington: Government Printing Office, 1840.

Marker never relocated to Illinois, however, and in 1839, he and his wife, Mary, sold the property to Erie Rhodes. By 1841, Rhodes took possession of the property and began parceling out the quarter section, selling portions to other individuals.
5

Hancock Co., IL, Probate Records, 1831–1912, Wills and Testaments, 1833–1843, p. 337, microfilm 959,566, item 1; Hancock Co., IL, Bonds and Mortgages, 1840–1904, vol. 1, pp. 363–365, 4 March 1841, microfilm 954,776; Hancock Co., IL, Probate Records, 1831–1912, Wills and Testaments, 1833–1843, pp. 302–303, microfilm 959,566, item 1, U.S. and Canada Record Collection, FHL.


Comprehensive Works Cited

U.S. and Canada Record Collection. FHL.

However, in the twenty-one years between the granting of the patent and its sale to Rhodes, a competing claim for the tract of land had emerged. In 1825, John Sherman sold the property to David Wright.
6

When Wright purchased the property on 15 June 1825, the deed erroneously identified it as located in Pike County. The land became part of the newly formed Hancock County in January 1825. (John Sherman to David Wright, Deed, Hancock Co., IL, 15 June 1825, Hancock Co., IL, Deed Records, 1817–1917, vol. 5, pp. 277–278, microfilm 954,191, U.S. and Canada Record Collection, FHL; An Act Forming New Counties out of the Counties of Pike and Fulton, and the Attached Parts Thereof [13 Jan. 1825], Laws Passed by the Fourth General Assembly, p. 93, sec. 3.)


Comprehensive Works Cited

U.S. and Canada Record Collection. FHL.

Laws Passed by the Fourth General Assembly of the State of Illinois, at Their First Session, Commenced at Vandalia, November 15, 1824, and Ended January 15, 1825. Vandalia, IL: Robert Blackwell & Co., 1825.

It is unclear how Sherman obtained a title or claim to the property. It is possible that the property had been seized for failure to pay taxes at some point during the intervening years, a common problem for absentee holders of military land patents, who were often unaware of local taxes or the seizure of their land.
7

Carlson, Illinois Military Tract, 40–64; Smith, “Illinois Military Tract,” xii–xiii.


Comprehensive Works Cited

Carlson, Theodore L. The Illinois Military Tract: A Study of Land Occupation, Utilization, and Tenure. Urbana: University of Illinois Press, 1951.

Smith, Marjorie. “The Illinois Military Tract.” In War of 1812 Bounty Lands in Illinois, xi–xv. Thomson, Illinois: Heritage House, 1977.

Wright evidently later claimed that he held his title directly from Marker and that the deed had been recorded. Such a deed, if it ever existed, was not recorded in
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 ...

More Info
, while the deed from Sherman to Wright was.
8

Hancock Co., IL, Probate Records, 1831–1912, Wills and Testaments, 1833–1843, p. 337, microfilm 959,566, item 1, U.S. and Canada Record Collection, FHL.


Comprehensive Works Cited

U.S. and Canada Record Collection. FHL.

These competing claims became further complicated in 1835, when county officials seized the property for Wright’s alleged failure to pay taxes and sold it to Robert R. Williams for $2.69. Williams’s deed included a stipulation that the property was his, “Subject however to all the rights of redemption provided for by Law.”
9

Wesley Williams to Robert R. Williams, Deed, Hancock Co., IL, 4 Mar. 1835, Hancock Co., IL, Deed Records, 1817–1917, vol. M, pp. 86–87, microfilm 954,600, U.S. and Canada Record Collection, FHL. See An Act to Provide for Raising a Revenue [19 Feb. 1827], Public and General Statute Laws of the State of Illinois, p. 566, sec. 24.


Comprehensive Works Cited

U.S. and Canada Record Collection. FHL.

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.

According to
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...

More Info
law, when the property was sold for taxes, Wright was allowed two years to redeem it “by paying into the county treasury . . . double the amount for which it was sold, together with all subsequent taxes thereon.”
10

An Act to Provide for Raising a Revenue [19 Feb. 1827], Public and General Statute Laws of the State of Illinois, p. 567, sec. 27.


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.

If the land was not redeemed, Williams as purchaser became vested with “a perfect title in fee simple.”
11

The land did not have to be redeemed if the owner could show that the taxes for which it had been sold had been previously paid or show “that the land was not legally subject to taxation.” (An Act concerning the Public Revenue [27 Feb. 1833], Public and General Statute Laws of the State of Illinois, p. 576, sec. 8.)


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.

Despite Williams’s claim to the land, in December 1841, Wright sold the property to Edward Schwartz of Jackson County, Illinois.
12

David Wright to Edward Schwartz, Deed, Hancock Co., IL, 16 Dec. 1841, Hancock Co., IL, Deed Records, 1817–1917, vol. K, pp. 215–216, microfilm 954,599, U.S. and Canada Record Collection, FHL.


Comprehensive Works Cited

U.S. and Canada Record Collection. FHL.

Like the other claimants, Schwartz never lived on the property; instead he appointed Latter-day Saint Moses Sanders to manage it as his financial agent.
13

Although details are unclear, Schwartz evidently converted to the church sometime before May 1842, when he is recorded paying $120 of tithing. Around that same time, he apparently entertained plans to move to Nauvoo, Illinois, or the surrounding region, and the purchase of this property may have been an initial step for that future move. Financial records submitted to the Jackson County, Illinois, probate court include a May 1842 promissory note from Lyman Wight promising to pay Schwartz $50 in bricks and lumber to help build a house. Later that same year, Schwartz also obtained a promissory note from George P. Dykes for $6 to be paid in labor on the Nauvoo temple. (Inventory, Jackson Co., IL, Probate Estate Case Files, ca. 1834–1916, Probate Estate Case Files #2021–2047, 1903–1910, image 1549, 13 Apr. 1844, microfilm 2,318,129, U.S. and Canada Record Collection, FHL; License for Moses Sanders, 16 May 1840; Book of the Law of the Lord, 119; Promissory Note, Lyman Wight to Edward Schwartz, Jackson Co., IL, Probate Estate Case Files, ca. 1834–1916, Probate Estate Case Files #2021–2047, 1903–1910, image 1692, 14 May 1842; Promissory Note, George P. Dykes to Edward Schwartz, Jackson Co., IL, Probate Estate Case Files, ca. 1834–1916, Probate Estate Case Files #2021–2047, 1903–1910, image 1699, 30 Nov. 1842, microfilm 2,318,129, U.S. and Canada Record Collection, FHL.)


Comprehensive Works Cited

U.S. and Canada Record Collection. FHL.

In spring 1843, JS became interested in purchasing the land and began navigating the multiple competing claims of ownership. By mid-April 1843, he began buying out the claims of at least some of the individuals who had purchased their land from Rhodes.
14

Trustees Land Book B, 18; Clayton, Journal, 5 May 1843.


Comprehensive Works Cited

Clayton, William. Journals, 1842–1845. CHL.

Because Rhodes and Williams had both died in fall 1841, JS had to negotiate with the administrators of their estates to fully address their claims.
15

The inventory of Rhodes’s real estate lodged with the Hancock County Probate Court acknowledged David Wright’s competing claim to the property. (Hancock Co., IL, Probate Records, 1831–1912, Wills and Testaments, 1833–1843, p. 337, microfilm 959,566, item 1, U.S. and Canada Record Collection, FHL; Adams Co., IL, Will Records, 1837–1908, vol. 1, pp. 75–76, 25 Aug. 1841, microfilm 961,242, U.S. and Canada Record Collection, FHL.)


Comprehensive Works Cited

U.S. and Canada Record Collection. FHL.

On 19 May, JS signed an agreement with Hugh Rhodes, the administrator of Erie Rhodes’s estate, to purchase the entire quarter section of land. The agreement acknowledged Schwartz’s competing claim to the land and stipulated that after the purchase JS would be “responsible to compromise with said Schwartz so far as his claim extends.”
16

Agreement with Hugh Rhodes, 19 May 1843.


Within days of this agreement, JS began selling portions of the land to various individuals, although he did not yet hold title to it nor had he made any arrangements with Schwartz to settle his claim.
17

Trustees Land Book B, 18–19, 22; Clayton, Journal, 20 and 23 May 1843.


Comprehensive Works Cited

Clayton, William. Journals, 1842–1845. CHL.

After Schwartz died in September 1843, his brother George Schwartz was appointed administrator of his estate on 3 October 1843.
18

Jackson Co., IL, Probate Records, Will Record, June 1843–Dec. 1864, pp. 20–22, 2–3 Oct. 1843; Jackson Co., IL, Probate Records, Will Record, June 1843–Dec. 1864, pp. 141–143, 14 May 1845, microfilm 968,931, U.S. and Canada Record Collection, FHL.


Comprehensive Works Cited

U.S. and Canada Record Collection. FHL.

On 14 October, attorney
Jason Sherman

10 Nov. 1816–16 Feb. 1892. Lawyer, newspaper editor, commission merchant, real estate agent, collector. Born in Gilead, Oxford Co., Maine. Son of Jason Sherman and Mary (Polly) Stow. Moved to Guildhall, Essex Co., Vermont, by June 1830. Attended University...

View Full Bio
notified JS of the Schwartz family’s intent to bring a suit of trespass and ejectment against him to secure their claim, declaring that they held title to the land and that JS had unlawfully withheld it from them. Although Edward Schwartz’s eight minor children were the named plaintiffs in the case, the threatened suit was presumably brought by George Schwartz on behalf of the children.
19

George Schwartz was explicitly named as a party in subsequent attempts by the Schwartz family to secure their property. The eight children named in the declaration are William, Edward Jr., Isabella, Eliza, Horatio, Josiah, Hiram, and Elizabeth. (Declaration, ca. 13 Oct. 1843 [W. Schwartz et al. v. JS]; Notice, 14 Oct. 1843 [W. Schwartz et al. v. JS]; Jason Sherman on behalf of W. Schwartz at al., Declaration, 9 June 1845; Jason Sherman on behalf of W. Schwartz at al., Declaration, 24 June 1845, Newel K. Whitney, Papers, BYU.)


Comprehensive Works Cited

Whitney, Newel K. Papers, 1825–1906. BYU.

The action of ejectment required that the plaintiff and defendant produce their competing titles for examination and whoever could prove the best legal title would succeed in the suit.
20

“Ejectment,” in Bouvier, Law Dictionary, 1:503; Saunders, Law of Pleading and Evidence, 1:515–516.


Comprehensive Works Cited

Bouvier, John. A Law Dictionary, Adapted to the Constitution and Laws of the United States of America, and of the Several States of the American Union; With References to the Civil and Other Systems of Foreign Law. 2nd ed. 2 vols. Philadelphia: T. and J. W. Johnson, 1843.

Saunders, John Simcoe. The Law of Pleading and Evidence in Civil Actions, Arranged Alphabetically With Practical Forms: And the Pleadings and Evidence to Support Them. 2nd American ed. 2 vols. Philadelphia: R. H. Small, 1831.

In response to this threatened suit, JS apparently sought to shore up his claim on the property. On 7 November 1843,
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...

View Full Bio
, one of JS’s financial clerks, wrote to Solomon Lawrence for information about a “Tax title.” One month earlier the executor of Williams’s estate had sold the tax title for the disputed property to Lawrence, and Clayton’s letter presumably asked about the Schwartzes’ claim to the property and sought to purchase Lawrence’s claim on the land. In response, Lawrence arranged for
Archibald Williams

10 June 1801–21 Sept. 1863. Lawyer, judge. Born in Montgomery Co., Kentucky. Son of John Wesley Williams and Amelia Gill. Moved to Quincy, Adams Co., Illinois, 1829. Married first Nancy Kemp, 28 July 1831. President of the Trustees of Quincy when town was...

View Full Bio
, a prominent attorney in
Quincy

1 Nov. 1808–25 July 1887. Preacher, editor, publisher, politician. Born at Milnthorpe, Westmoreland, England. Son of James Taylor and Agnes Taylor, members of Church of England. Around age sixteen, joined Methodist church and was local preacher. Migrated ...

View Full Bio
, Illinois, and a brother of Robert Williams, to write to JS assuring him that he “need have no apprehension concerning the regularity of the title.” The same day he wrote to JS, Archibald Williams made out a deed from Lawrence, conveying the property to JS.
21

Andrew Johnston to Solomon R. Lawrence, Deed, Hancock Co., IL, 12 Oct. 1843, Hancock Co., IL, Deed Records, 1817–1917, vol. M, p. 87, microfilm 954,600, U.S. and Canada Record Collection, FHL; Clayton, Journal, 7 Nov. 1843; Letter from Archibald Williams, 20 Nov. 1843; Deed from Solomon and Eleanor Lawrence, 20 Nov. 1843.


Comprehensive Works Cited

U.S. and Canada Record Collection. FHL.

Clayton, William. Journals, 1842–1845. CHL.

JS accepted the deed and paid Lawrence on 29 November 1843.
22

Clayton, Journal, 29 Nov. 1843.


Comprehensive Works Cited

Clayton, William. Journals, 1842–1845. CHL.

On 19 January 1844, JS arranged for Clayton to attend a property auction held by the Erie Rhodes estate where Clayton formally purchased Rhodes’s claim to the property.
23

Clayton, Journal, 19 Feb. 1844; William Clayton to Hugh Rhodes, Bond, Hancock Co., IL, Bonds and Mortgages, 1840–1904, vol. 1, p. 452, 19 Feb. 1844, microfilm 954,776; Hancock Co., IL, 20 Jan. 1844, Hancock Co., IL, Deed Records, 1817–1917, vol. M, pp. 370–372, microfilm 954,600, U.S. and Canada Record Collection, FHL.


Comprehensive Works Cited

Clayton, William. Journals, 1842–1845. CHL.

U.S. and Canada Record Collection. FHL.

A month later, Clayton transferred the property to JS as trustee for the church.
24

Deed from William and Ruth Moon Clayton, 21 Feb. 1844.


In February 1844, JS also retained attorneys
George Bachman

ca. 1802–after Mar. 1857. Possibly born in New York. Son of Jacob Bachman and Sarah Borzenbanack. Practiced law in Springfield, Sangamon Co., Illinois, and in Hancock Co., Illinois, 1840s. Member of jury that testified about manner of deaths of JS and Hyrum...

View Full Bio
and
Onias Skinner

21 July 1817–4 Feb. 1877. Sailor, teacher, preacher, farmer, lawyer, railroad president. Born in Floyd, Oneida Co., New York. Son of Onias Skinner and Tirza. Moved to Whitestown, Oneida Co., by 1830; to Peoria Co., Illinois, 1836; and to Greenville, Darke...

View Full Bio
to handle the suit.
25

Statement of Account from Bachman & Skinner, ca. 27 Nov. 1844–A.


George Schwartz likewise sought to strengthen his brother’s claim to the property. In May 1844, he traveled to
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 ...

More Info
to examine the contested property and obtain the title papers held by his brother’s agent, Moses Sanders. In July 1844, he wrote to the secretary of state of
Pennsylvania

Area first settled by Swedish immigrants, 1628. William Penn received grant for territory from King Charles II, 1681, and established British settlement, 1682. Philadelphia was center of government for original thirteen U.S. colonies from time of Revolutionary...

More Info
asking for copies of documents related to the property in Hancock County. He also wrote to the
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...

More Info
state auditor about Wright’s alleged failure to pay taxes. In December, he finished paying Edward Schwartz’s debt to Wright for the property. He also obtained a legal certificate from the auditor testifying that Wright had paid taxes on the disputed property. By May 1845, after consulting with multiple attorneys, Schwartz was finally ready to proceed with his long-threatened suit.
26

Account, Jackson Co., IL, Probate Estate Case Files, ca. 1834–1916, Probate Estate Case Files #2021–2047, 1903–1910, p. 1, image 1611, 13 Feb. 1846, microfilm 2,318,129, U.S. and Canada Record Collection, FHL.


Comprehensive Works Cited

U.S. and Canada Record Collection. FHL.

By that time, JS was dead, so instead, Schwartz initiated four separate suits of trespass and ejectment against subsequent church trustees
George Miller

25 Nov. 1794–after July 1856. Carpenter, mill operator, lumber dealer, steamboat owner. Born near Stanardsville, Orange Co., Virginia. Son of John Miller and Margaret Pfeiffer. Moved to Augusta Co., Virginia, 1798; to Madison Co., Kentucky, 1806; to Boone...

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and
Newel K. Whitney

3/5 Feb. 1795–23 Sept. 1850. Trader, merchant. Born at Marlborough, Windham Co., Vermont. Son of Samuel Whitney and Susanna Kimball. Moved to Fairfield, Herkimer Co., New York, 1803. Merchant at Plattsburg, Clinton Co., New York, 1814. Mercantile clerk for...

View Full Bio
as well as three individuals who had purchased portions of the property from JS.
27

Jason Sherman on behalf of W. Schwartz at al., Declaration, 9 June 1845; Jason Sherman on behalf of W. Schwartz at al., Declaration, 24 June 1845, Newel K. Whitney, Papers, BYU; Hancock Co., IL, Circuit Court Records, vol. D, pp. 305, 309, microfilm 947,496, U.S. and Canada Record Collection, FHL. Although there is no evidence that Joseph Dodd, the defendant of one of the four lawsuits, had purchased property from JS, he may have been one of the unnamed individuals who contracted with JS for property in mid-April 1843. (Trustees Land Book B, 18–19, 22.)


Comprehensive Works Cited

Whitney, Newel K. Papers, 1825–1906. BYU.

U.S. and Canada Record Collection. FHL.

These four cases were continued until the October 1846 term of the Hancock County Circuit Court, and a jury supported the Schwartz claim to the property in at least one of the cases. The defense objected to the verdict and requested a new trial and a change of venue. All of the trials were then granted a change of venue to Rock Island County, Illinois.
28

Hancock Co., IL, Circuit Court Records, vol. D, pp. 500–501, microfilm 947,496, U.S. and Canada Record Collection, FHL.


Comprehensive Works Cited

U.S. and Canada Record Collection. FHL.

The details of the proceedings in Rock Island County are unknown; however, from the financial records of the Schwartz estate, it appears that the case was heard in 1847 and that the court ultimately upheld the Schwartz family claim.
29

Account, Jackson Co., IL, Probate Estate Case Files, ca. 1834–1916, Probate Estate Case Files #2021–2047, 1903–1910, image 1622, 18 Apr. 1849; Account, Jackson Co., IL, Probate Estate Case Files, ca. 1834–1916, Probate Estate Case Files #2021–2047, 1903–1910, image 1626, 13 Sept. 1853, microfilm 2318129, U.S. and Canada Record Collection, FHL.


Comprehensive Works Cited

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.
 

1843 (2)

October (2)

Ca. 13 October 1843

Jason Sherman on behalf of William Schwartz and Others, Declaration, Hancock Co., IL

  • Ca. 13 Oct. 1843. Not extant.
  • 14 Oct. 1843; Newel K. Whitney, Papers, BYU; handwriting presumably of Jason Sherman; docket in handwriting presumably of Jason Sherman.
    1

    This copy of the declaration was inscribed in a 14 October 1844 notice from Sherman to JS. Although the declaration states that “Joseph Smith was summoned,” a summons was likely not issued because the declaration was never filed with the Hancock County Circuit Court. (Notice, 14 Oct. 1843 [W. Schwartz et al. v. JS].)


14 October 1843

Jason Sherman on behalf of William Schwartz and Others, Notice, to JS, Hancock Co., IL

  • 14 Oct. 1843; Newel K. Whitney, Papers, BYU; handwriting presumably of Jason Sherman.
    1

    The notice included a copy of the circa 13 October 1843 declaration. (Declaration, ca. 13 Oct. 1843 [W. Schwartz et al. v. JS].)


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Related Case Documents
Editorial Title
Introduction to W. Schwartz et al. v. JS
ID #
19766
Total Pages
1
Print Volume Location
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    Footnotes

    1. [1]

      Declaration, ca. 13 Oct. 1843 [W. Schwartz et al. v. JS]; Jackson Co., IL, Probate Records, Will Record, June 1843–Dec. 1864, pp. 141–143, 14 May 1845, microfilm 968,931, U.S. and Canada Record Collection, FHL.

      U.S. and Canada Record Collection. FHL.

    2. [2]

      “Ejectment,” in Bouvier, Law Dictionary, 1:503; “Ejectment,” in Saunders, Law of Pleading and Evidence, 1:515–516.

      Bouvier, John. A Law Dictionary, Adapted to the Constitution and Laws of the United States of America, and of the Several States of the American Union; With References to the Civil and Other Systems of Foreign Law. 2nd ed. 2 vols. Philadelphia: T. and J. W. Johnson, 1843.

      Saunders, John Simcoe. The Law of Pleading and Evidence in Civil Actions, Arranged Alphabetically With Practical Forms: And the Pleadings and Evidence to Support Them. 2nd American ed. 2 vols. Philadelphia: R. H. Small, 1831.

    3. [3]

      In an 1845 letter to an individual who had bought land from JS, William Clayton explained, “It is very frequently the case that in order to make a title perfect it is necessary to procure conveyances from the patent holders and tax title holders, both.” (William Clayton, Nauvoo, IL, 7 Mar. 1845, Copybook, pp. 4–5, Brigham Young Office Files, CHL.)

      Brigham Young Office Files, 1832–1878. CHL. CR 1234 1.

    4. [4]

      Land patents, Hancock Co., IL, no. 14020, General Land Office Records, Bureau of Land Management, U.S. Department of the Interior; Land Patent, Frederick Marker, 17 Feb. 1818, Lands in Illinois to Soldiers of Late War, 310.

      General Land Office Records, Bureau of Land Management, U.S. Department of the Interior. www.glorecords.blm.gov.

      Lands in Illinois to soldiers of late war: Letter from the Commissioner of General Land Office, transmitting the information required by a resolution of the House of Representatives of the 6th of April last, respecting patents for lands in the military bounty land district in the state of Illinois, issued to soldiers of the late war, &c. Washington: Government Printing Office, 1840.

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      Hancock Co., IL, Probate Records, 1831–1912, Wills and Testaments, 1833–1843, p. 337, microfilm 959,566, item 1; Hancock Co., IL, Bonds and Mortgages, 1840–1904, vol. 1, pp. 363–365, 4 March 1841, microfilm 954,776; Hancock Co., IL, Probate Records, 1831–1912, Wills and Testaments, 1833–1843, pp. 302–303, microfilm 959,566, item 1, U.S. and Canada Record Collection, FHL.

      U.S. and Canada Record Collection. FHL.

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      When Wright purchased the property on 15 June 1825, the deed erroneously identified it as located in Pike County. The land became part of the newly formed Hancock County in January 1825. (John Sherman to David Wright, Deed, Hancock Co., IL, 15 June 1825, Hancock Co., IL, Deed Records, 1817–1917, vol. 5, pp. 277–278, microfilm 954,191, U.S. and Canada Record Collection, FHL; An Act Forming New Counties out of the Counties of Pike and Fulton, and the Attached Parts Thereof [13 Jan. 1825], Laws Passed by the Fourth General Assembly, p. 93, sec. 3.)

      U.S. and Canada Record Collection. FHL.

      Laws Passed by the Fourth General Assembly of the State of Illinois, at Their First Session, Commenced at Vandalia, November 15, 1824, and Ended January 15, 1825. Vandalia, IL: Robert Blackwell & Co., 1825.

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      Carlson, Illinois Military Tract, 40–64; Smith, “Illinois Military Tract,” xii–xiii.

      Carlson, Theodore L. The Illinois Military Tract: A Study of Land Occupation, Utilization, and Tenure. Urbana: University of Illinois Press, 1951.

      Smith, Marjorie. “The Illinois Military Tract.” In War of 1812 Bounty Lands in Illinois, xi–xv. Thomson, Illinois: Heritage House, 1977.

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      Hancock Co., IL, Probate Records, 1831–1912, Wills and Testaments, 1833–1843, p. 337, microfilm 959,566, item 1, U.S. and Canada Record Collection, FHL.

      U.S. and Canada Record Collection. FHL.

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      Wesley Williams to Robert R. Williams, Deed, Hancock Co., IL, 4 Mar. 1835, Hancock Co., IL, Deed Records, 1817–1917, vol. M, pp. 86–87, microfilm 954,600, U.S. and Canada Record Collection, FHL. See An Act to Provide for Raising a Revenue [19 Feb. 1827], Public and General Statute Laws of the State of Illinois, p. 566, sec. 24.

      U.S. and Canada Record Collection. FHL.

      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.

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      An Act to Provide for Raising a Revenue [19 Feb. 1827], Public and General Statute Laws of the State of Illinois, p. 567, sec. 27.

      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.

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      The land did not have to be redeemed if the owner could show that the taxes for which it had been sold had been previously paid or show “that the land was not legally subject to taxation.” (An Act concerning the Public Revenue [27 Feb. 1833], Public and General Statute Laws of the State of Illinois, p. 576, sec. 8.)

      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.

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      David Wright to Edward Schwartz, Deed, Hancock Co., IL, 16 Dec. 1841, Hancock Co., IL, Deed Records, 1817–1917, vol. K, pp. 215–216, microfilm 954,599, U.S. and Canada Record Collection, FHL.

      U.S. and Canada Record Collection. FHL.

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      Although details are unclear, Schwartz evidently converted to the church sometime before May 1842, when he is recorded paying $120 of tithing. Around that same time, he apparently entertained plans to move to Nauvoo, Illinois, or the surrounding region, and the purchase of this property may have been an initial step for that future move. Financial records submitted to the Jackson County, Illinois, probate court include a May 1842 promissory note from Lyman Wight promising to pay Schwartz $50 in bricks and lumber to help build a house. Later that same year, Schwartz also obtained a promissory note from George P. Dykes for $6 to be paid in labor on the Nauvoo temple. (Inventory, Jackson Co., IL, Probate Estate Case Files, ca. 1834–1916, Probate Estate Case Files #2021–2047, 1903–1910, image 1549, 13 Apr. 1844, microfilm 2,318,129, U.S. and Canada Record Collection, FHL; License for Moses Sanders, 16 May 1840; Book of the Law of the Lord, 119; Promissory Note, Lyman Wight to Edward Schwartz, Jackson Co., IL, Probate Estate Case Files, ca. 1834–1916, Probate Estate Case Files #2021–2047, 1903–1910, image 1692, 14 May 1842; Promissory Note, George P. Dykes to Edward Schwartz, Jackson Co., IL, Probate Estate Case Files, ca. 1834–1916, Probate Estate Case Files #2021–2047, 1903–1910, image 1699, 30 Nov. 1842, microfilm 2,318,129, U.S. and Canada Record Collection, FHL.)

      U.S. and Canada Record Collection. FHL.

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      Trustees Land Book B, 18; Clayton, Journal, 5 May 1843.

      Clayton, William. Journals, 1842–1845. CHL.

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      The inventory of Rhodes’s real estate lodged with the Hancock County Probate Court acknowledged David Wright’s competing claim to the property. (Hancock Co., IL, Probate Records, 1831–1912, Wills and Testaments, 1833–1843, p. 337, microfilm 959,566, item 1, U.S. and Canada Record Collection, FHL; Adams Co., IL, Will Records, 1837–1908, vol. 1, pp. 75–76, 25 Aug. 1841, microfilm 961,242, U.S. and Canada Record Collection, FHL.)

      U.S. and Canada Record Collection. FHL.

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      Agreement with Hugh Rhodes, 19 May 1843.

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      Trustees Land Book B, 18–19, 22; Clayton, Journal, 20 and 23 May 1843.

      Clayton, William. Journals, 1842–1845. CHL.

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      Jackson Co., IL, Probate Records, Will Record, June 1843–Dec. 1864, pp. 20–22, 2–3 Oct. 1843; Jackson Co., IL, Probate Records, Will Record, June 1843–Dec. 1864, pp. 141–143, 14 May 1845, microfilm 968,931, U.S. and Canada Record Collection, FHL.

      U.S. and Canada Record Collection. FHL.

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      George Schwartz was explicitly named as a party in subsequent attempts by the Schwartz family to secure their property. The eight children named in the declaration are William, Edward Jr., Isabella, Eliza, Horatio, Josiah, Hiram, and Elizabeth. (Declaration, ca. 13 Oct. 1843 [W. Schwartz et al. v. JS]; Notice, 14 Oct. 1843 [W. Schwartz et al. v. JS]; Jason Sherman on behalf of W. Schwartz at al., Declaration, 9 June 1845; Jason Sherman on behalf of W. Schwartz at al., Declaration, 24 June 1845, Newel K. Whitney, Papers, BYU.)

      Whitney, Newel K. Papers, 1825–1906. BYU.

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      “Ejectment,” in Bouvier, Law Dictionary, 1:503; Saunders, Law of Pleading and Evidence, 1:515–516.

      Bouvier, John. A Law Dictionary, Adapted to the Constitution and Laws of the United States of America, and of the Several States of the American Union; With References to the Civil and Other Systems of Foreign Law. 2nd ed. 2 vols. Philadelphia: T. and J. W. Johnson, 1843.

      Saunders, John Simcoe. The Law of Pleading and Evidence in Civil Actions, Arranged Alphabetically With Practical Forms: And the Pleadings and Evidence to Support Them. 2nd American ed. 2 vols. Philadelphia: R. H. Small, 1831.

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      Andrew Johnston to Solomon R. Lawrence, Deed, Hancock Co., IL, 12 Oct. 1843, Hancock Co., IL, Deed Records, 1817–1917, vol. M, p. 87, microfilm 954,600, U.S. and Canada Record Collection, FHL; Clayton, Journal, 7 Nov. 1843; Letter from Archibald Williams, 20 Nov. 1843; Deed from Solomon and Eleanor Lawrence, 20 Nov. 1843.

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      Clayton, William. Journals, 1842–1845. CHL.

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      Clayton, Journal, 29 Nov. 1843.

      Clayton, William. Journals, 1842–1845. CHL.

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      Clayton, Journal, 19 Feb. 1844; William Clayton to Hugh Rhodes, Bond, Hancock Co., IL, Bonds and Mortgages, 1840–1904, vol. 1, p. 452, 19 Feb. 1844, microfilm 954,776; Hancock Co., IL, 20 Jan. 1844, Hancock Co., IL, Deed Records, 1817–1917, vol. M, pp. 370–372, microfilm 954,600, U.S. and Canada Record Collection, FHL.

      Clayton, William. Journals, 1842–1845. CHL.

      U.S. and Canada Record Collection. FHL.

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      Deed from William and Ruth Moon Clayton, 21 Feb. 1844.

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      Statement of Account from Bachman & Skinner, ca. 27 Nov. 1844–A.

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      Account, Jackson Co., IL, Probate Estate Case Files, ca. 1834–1916, Probate Estate Case Files #2021–2047, 1903–1910, p. 1, image 1611, 13 Feb. 1846, microfilm 2,318,129, U.S. and Canada Record Collection, FHL.

      U.S. and Canada Record Collection. FHL.

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      Jason Sherman on behalf of W. Schwartz at al., Declaration, 9 June 1845; Jason Sherman on behalf of W. Schwartz at al., Declaration, 24 June 1845, Newel K. Whitney, Papers, BYU; Hancock Co., IL, Circuit Court Records, vol. D, pp. 305, 309, microfilm 947,496, U.S. and Canada Record Collection, FHL. Although there is no evidence that Joseph Dodd, the defendant of one of the four lawsuits, had purchased property from JS, he may have been one of the unnamed individuals who contracted with JS for property in mid-April 1843. (Trustees Land Book B, 18–19, 22.)

      Whitney, Newel K. Papers, 1825–1906. BYU.

      U.S. and Canada Record Collection. FHL.

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      Hancock Co., IL, Circuit Court Records, vol. D, pp. 500–501, microfilm 947,496, U.S. and Canada Record Collection, FHL.

      U.S. and Canada Record Collection. FHL.

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      Account, Jackson Co., IL, Probate Estate Case Files, ca. 1834–1916, Probate Estate Case Files #2021–2047, 1903–1910, image 1622, 18 Apr. 1849; Account, Jackson Co., IL, Probate Estate Case Files, ca. 1834–1916, Probate Estate Case Files #2021–2047, 1903–1910, image 1626, 13 Sept. 1853, microfilm 2318129, U.S. and Canada Record Collection, FHL.

      U.S. and Canada Record Collection. FHL.

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