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Introduction to Wilder and Strong v. Rounds Notice, 16 January 1838 [Wilder and Strong v. Rounds] Docket Entry, 16–18 January 1838 [Wilder and Strong v. Rounds] Verdict, 18 January 1838 [Wilder and Strong v. Rounds]

Introduction to Wilder and Strong v. Rounds

Page

Wilder and Strong v. Rounds
Geauga Co., Ohio, Justice of the Peace Court, 18 January 1838
 
Historical Introduction
This case was related to the Rounds qui tam v. JS trial of 1837, in which
Samuel Rounds

ca. 1807–after 1887. Builder, brick mason, farmer. Born in Massachusetts. Son of John J. Rounds and Hannah. Married Amy Hatfield. Moved to New York, by 1830; and to Ohio, by 1834. Initiated legal actions against JS, Sidney Rigdon, and others involved in Kirtland...

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accused JS of acting as an officer of a bank not incorporated by law. The court ruled in favor of Rounds, and efforts were made to collect the judgment.
1

See Introduction to Rounds qui tam vs. JS.


Supplies of the church’s printshop in
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...

More Info
, Ohio, were sold at auction on 15 January 1838.
2

Vilate Kimball, Kirtland, OH, to Heber C. Kimball, Preston, England, 19–29 Jan. 1838, Heber C. Kimball, Collection, CHL; Notice, 23 June 1837 [E. Holmes v. Dayton et al.].


Comprehensive Works Cited

Kimball, Heber C. Collection, 1837–1898. CHL. MS 12476.

The
sheriff

20 Dec. 1800–24 July 1880. Farmer. Born in Rindge, Cheshire Co., New Hampshire. Son of Lemuel Kimball and Polly Cutler. Moved to Unionville, Madison Township, Geauga Co., Ohio, 27 Aug. 1812. Moved to Madison, Madison Township, Aug. 1813. Married Philena Hastings...

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also levied other assets, including wheat, corn, oats, and hay, that he presumed belonged to JS. Two members of the church,
Joseph Wilder

22 Oct. 1798–22 Apr. 1885. Farmer. Born in Concord, Essex Co., Vermont. Son of Nathan Wilder and Mary. Moved to Barnet, Caledonia Co., Vermont, by 1808. Moved to Dalton, Coos Co., New Hampshire, by 1812. Married Hannah Osgood. Moved to Geauga Co., Ohio, by...

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and
Harvey Strong

17 June 1803–28 Sept. 1875. Farmer. Born in Lebanon, Grafton Co., New Hampshire. Married Laura Woodward, before 1830. Moved to Burlington, Chittendon Co., Vermont, by 1830. Baptized into Church of Jesus Christ of Latter-day Saints, by 1 Oct. 1837. Moved to...

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,
3

“Minutes of a Conference Held in Walnut Grove,” Times and Seasons, 1 Sept. 1841, 523; Kirtland Elders Quorum, “Record,” 1 Oct. 1837.


Comprehensive Works Cited

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

Kirtland Elders Quorum. “A Record of the First Quorurum of Elders Belonging to the Church of Christ: In Kirtland Geauga Co. Ohio,” 1836–1838, 1840–1841. CCLA.

claimed ownership of the levied property, which resulted in these legal proceedings.
4

Docket Entry, 16–18 Jan. 1838 [Wilder and Strong v. Rounds]. Ohio law specified the procedure for the sheriff, justice of the peace, and claimants of the property to follow in such cases. See An Act Regulating Judgments and Executions, sec. 6–7, Statutes of the State of Ohio [1841], 471–472.


Comprehensive Works Cited

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.

These legal proceedings came in the midst of turmoil among members of the church in
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...

More Info
.
Cyrus Smalling

8 Feb. 1789–18 Feb. 1866. Farmer. Born in Connecticut. Married Ruth. Moved to New York, by 1817. Baptized into Church of Jesus Christ of Latter-day Saints, in Broome Co., New York. Moved to Kirtland, Geauga Co., Ohio, ca. 1833. Participated in Camp of Israel...

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, for example—one of the witnesses subpoenaed to testify in the
Wilder

22 Oct. 1798–22 Apr. 1885. Farmer. Born in Concord, Essex Co., Vermont. Son of Nathan Wilder and Mary. Moved to Barnet, Caledonia Co., Vermont, by 1808. Moved to Dalton, Coos Co., New Hampshire, by 1812. Married Hannah Osgood. Moved to Geauga Co., Ohio, by...

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and
Strong

17 June 1803–28 Sept. 1875. Farmer. Born in Lebanon, Grafton Co., New Hampshire. Married Laura Woodward, before 1830. Moved to Burlington, Chittendon Co., Vermont, by 1830. Baptized into Church of Jesus Christ of Latter-day Saints, by 1 Oct. 1837. Moved to...

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case—was among the excommunicated Latter-day Saints who in mid-January announced the formation of a new rival church.
5

See Thomas B. Marsh, [Far West, MO], to Wilford Woodruff, [Vinalhaven, ME], 1838, Elders’ Journal, July 1838, 36–37; and JSP, D5:395n259.


Comprehensive Works Cited

Elders’ Journal of the Church of Latter Day Saints. Kirtland, OH, Oct.–Nov. 1837; Far West, MO, July–Aug. 1838.

JSP, D5 / Rogers, Brent M., Elizabeth A. Kuehn, Christian K. Heimburger, Max H Parkin, Alexander L. Baugh, and Steven C. Harper, eds. Documents, Volume 5: October 1835–January 1838. Vol. 5 of the Documents series of The Joseph Smith Papers, edited by Ronald K. Esplin, Matthew J. Grow, and Matthew C. Godfrey. Salt Lake City: Church Historian’s Press, 2017.

After hearing the testimony of witnesses, the jury rendered judgment in favor of
Wilder

22 Oct. 1798–22 Apr. 1885. Farmer. Born in Concord, Essex Co., Vermont. Son of Nathan Wilder and Mary. Moved to Barnet, Caledonia Co., Vermont, by 1808. Moved to Dalton, Coos Co., New Hampshire, by 1812. Married Hannah Osgood. Moved to Geauga Co., Ohio, by...

View Full Bio
and
Strong

17 June 1803–28 Sept. 1875. Farmer. Born in Lebanon, Grafton Co., New Hampshire. Married Laura Woodward, before 1830. Moved to Burlington, Chittendon Co., Vermont, by 1830. Baptized into Church of Jesus Christ of Latter-day Saints, by 1 Oct. 1837. Moved to...

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.
6

Docket Entry, 16–18 Jan. 1838 [Wilder and Strong v. Rounds].


 
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.
 

1838 (6)

January (6)

16 January 1838

Abel Kimball, Notice, to Warren A. Cowdery, Geauga Co., OH

  • 16 Jan. 1838; handwriting probably of Abel Kimball. Not extant.
  • Between 16 and 18 Jan. 1838; in Docket Entry, Cowdery, Docket Book, 341; handwriting of Warren A. Cowdery.
16 January 1838

Venire Facias, to Luke Johnson, Geauga Co., OH

  • 16 Jan. 1838. Not extant.
    1

    See Docket Entry, 16–18 Jan. 1838 [Wilder and Strong v. Rounds]. The jurors summoned were Ashbel Wright, Elias Randall, Christopher Quinn Jr., and Isaac or James McWithy.


16 January 1838

Summons, for Ashbel Wright, Elias Randall, Christopher Quinn Jr., and Isaac or James McWithy, Geauga Co., OH

  • 16 Jan. 1838. Not extant.
    1

    The swearing of jurors (Ashbel Wright, Elias Randall, Christopher Quinn Jr., and Isaac or James McWithy) required that they were summoned to appear in court. See Docket Entry, 16–18 Jan. 1838 [Wilder and Strong v. Rounds].


16 January 1838

Subpoena, for Thomas Burdick and Cyrus Smalling, Geauga Co., OH

  • 16 Jan. 1838. Not extant.
    1

    See Docket Entry, 16–18 Jan. 1838 [Wilder and Strong v. Rounds].


16–18 January 1838

Docket Entry, Kirtland Township, Geauga Co., OH

  • 16–18 Jan. 1838; Cowdery, Docket Book, 341; handwriting of Warren A. Cowdery.
18 January 1838

Verdict, Geauga Co., OH

  • 18 Jan. 1838. Not extant.
  • 18 Jan. 1838; in Docket Entry, Cowdery, Docket Book, 341; handwriting of Warren A. Cowdery.
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Related Case Documents
Editorial Title
Introduction to Wilder and Strong v. Rounds
ID #
13292
Total Pages
1
Print Volume Location
Handwriting on This Page

    Footnotes

    1. [1]

      See Introduction to Rounds qui tam vs. JS.

    2. [2]

      Vilate Kimball, Kirtland, OH, to Heber C. Kimball, Preston, England, 19–29 Jan. 1838, Heber C. Kimball, Collection, CHL; Notice, 23 June 1837 [E. Holmes v. Dayton et al.].

      Kimball, Heber C. Collection, 1837–1898. CHL. MS 12476.

    3. [3]

      “Minutes of a Conference Held in Walnut Grove,” Times and Seasons, 1 Sept. 1841, 523; Kirtland Elders Quorum, “Record,” 1 Oct. 1837.

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

      Kirtland Elders Quorum. “A Record of the First Quorurum of Elders Belonging to the Church of Christ: In Kirtland Geauga Co. Ohio,” 1836–1838, 1840–1841. CCLA.

    4. [4]

      Docket Entry, 16–18 Jan. 1838 [Wilder and Strong v. Rounds]. Ohio law specified the procedure for the sheriff, justice of the peace, and claimants of the property to follow in such cases. See An Act Regulating Judgments and Executions, sec. 6–7, Statutes of the State of Ohio [1841], 471–472.

      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.

    5. [5]

      See Thomas B. Marsh, [Far West, MO], to Wilford Woodruff, [Vinalhaven, ME], 1838, Elders’ Journal, July 1838, 36–37; and JSP, D5:395n259.

      Elders’ Journal of the Church of Latter Day Saints. Kirtland, OH, Oct.–Nov. 1837; Far West, MO, July–Aug. 1838.

      JSP, D5 / Rogers, Brent M., Elizabeth A. Kuehn, Christian K. Heimburger, Max H Parkin, Alexander L. Baugh, and Steven C. Harper, eds. Documents, Volume 5: October 1835–January 1838. Vol. 5 of the Documents series of The Joseph Smith Papers, edited by Ronald K. Esplin, Matthew J. Grow, and Matthew C. Godfrey. Salt Lake City: Church Historian’s Press, 2017.

    6. [6]

      Docket Entry, 16–18 Jan. 1838 [Wilder and Strong v. Rounds].

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