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Introduction to Russell v. JS et al. Bill in Chancery, circa 19 June 1843 [Russell v. JS et al.] Subpoena, 20 June 1843–A [Russell v. JS et al.] Subpoena, 20 June 1843–B [Russell v. JS et al.] Subpoena, 20 June 1843–C [Russell v. JS et al.] Notice, 14 July 1843 [Russell v. JS et al.] Docket Entry, Decree, 18 March 1844 [Russell v. JS et al.] Transcript of Proceedings, circa 18 March 1844 [Russell v. JS et al.] Docket Entry, Costs, circa 18 March 1844 [Russell v. JS et al.] Docket Entry, Cost Bill, circa 18 March 1844 [Russell v. JS et al.] Order of Sale, 23 April 1844 [Russell v. JS et al.] Notice, 1 May 1844 [Russell v. JS et al.] Docket Entry, Order of Sale and Return, circa June 1844 [Russell v. JS et al.] Docket Entry, Motion, 5 June 1846 [Russell v. JS et al.] Deed, 10 July 1846 [Russell v. JS et al.]

Notice, 14 July 1843 [Russell v. JS et al.]

Source Note

John Howden

Ca. 1812–11 Sept. 1853. Farmer, merchant, county clerk, American consul. Born in Vermont. Son of John Howden and Mary Smith. Moved to Geauga Co., Ohio, by Oct. 1836, and opened a dry goods store. Served as Geauga Co. clerk, 1840–1846. Married Elizabeth M....

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, Notice,
Painesville Township

Located on Grand River twelve miles northeast of Kirtland. Created and settled, 1800. Originally named Champion. Flourished economically from harbor on Lake Erie and as major route of overland travel for western emigration. Included Painesville village; laid...

More Info
, Lake Co., OH, 14 July 1843, Russell v. JS et al. (Lake Co., OH, Court of Common Pleas 1844); Painesville (OH) Telegraph, 19 July 1843, [3].

Historical Introduction

See Introduction to Russell v. JS et al.

Page 3

The State of Ohio,) Court of Common Pleas:
Lake County, ss. [scilicet])
Alpheus C Russell

7 Apr. 1795–21 Oct. 1861. Farmer, teacher, justice of the peace. Born in Middlefield, Hampshire Co., Massachusetts. Son of Alpheus Russell and Rebekah Clark. Married Elizabeth Conant, 28 May 1818, in Becket, Berkshire Co., Massachusetts. Congregationalist...

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vs.
Joseph Smith jr
Reynolds Cahoon

30 Apr. 1790–29 Apr. 1861. Farmer, tanner, builder. Born at Cambridge, Washington Co., New York. Son of William Cahoon Jr. and Mehitable Hodges. Married Thirza Stiles, 11 Dec. 1810. Moved to northeastern Ohio, 1811. Located at Harpersfield, Ashtabula Co.,...

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Emma Smith

10 July 1804–30 Apr. 1879. Scribe, editor, boardinghouse operator, clothier. Born at Willingborough Township (later in Harmony), Susquehanna Co., Pennsylvania. Daughter of Isaac Hale and Elizabeth Lewis. Member of Methodist church at Harmony (later in Oakland...

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Thirza Gahoon [Thirza Stiles Cahoon]

18 Oct. 1789–21 Nov. 1866. Born in Lanesborough, New York. Daughter of Daniel Olds Stiles and Abigail Farrington. Moved to Newport, Herkimer Co., New York, by 1810. Married Reynolds Cahoon, 11 Dec. 1810. Moved to Harpersfield, Ashtabula Co., Ohio, 1811. Moved...

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William Marks

15 Nov. 1792–22 May 1872. Farmer, printer, publisher, postmaster. Born at Rutland, Rutland Co., Vermont. Son of Cornell (Cornwall) Marks and Sarah Goodrich. Married first Rosannah R. Robinson, 2 May 1813. Lived at Portage, Allegany Co., New York, where he...

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Ray Boynton

13 Dec. 1804–ca. 1854. Merchant. Born in Shelburne, Chittenden Co., Vermont. Son of Jeddediah Boynton. Moved to Hinesburg, Chittenden Co., by 1820. Moved to New York City, by 1831. Married Anna Brookes, 4 June 1833, in New York City. Operated dry goods store...

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Harry Hide [Hyde]

ca. 1815–after Sept. 1856. Merchant. Born in Rensselaerville, Albany Co., New York. Son of Isaac Hyde and Lydia Foster. Moved to Brooklyn, Kings Co., New York, by 1832. Partnered with Ray Boynton, 1830s, to operate dry goods store, Boynton & Hyde, in New ...

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Winthrop Eaton

7 Aug. 1808–8 Dec. 1842. Merchant. Born in Framingham, Middlesex Co., Massachusetts. Son of Levi Eaton and Susan. Moved to New York City, by 1830. Married Maria Antoinette Valentine, 31 Jan. 1833, in New York City. Summoned, along with JS and others, in connection...

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Hezekiah Kell[e]y

18 June 1804–19 July 1882. Merchant, land investor, miner. Born in Connecticut. Moved to New York City, by 1830. Married Phebe, before 1831. Invested in and sold land in Erie Co., New York, early 1830s. Sued Rigdon, Smith & Cowdery to collect on unpaid promissory...

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George A H Patterson

ca. 1810–23 Sept. 1843. Hardware and crockery merchant. Likely born in New York. Son of Robert Patterson and Rebecca. Lived in Hudson, Columbia Co., New York. Moved to Buffalo, Erie Co., New York, by 1832. Operated hardware and crockery businesses, beginning...

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John Patterson

ca. 1812–1 Jan. 1852. Hardware and crockery merchant. Likely born in New York. Son of Robert Patterson and Rebecca. Moved to Buffalo, Erie Co., New York, by 1832. Operated hardware and crockery businesses, beginning 1832, in Buffalo. Involved in case of G...

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Jonathan Leavitt

1797/1798–in/after 1851. Publisher/bookseller. Son of Simeon Leavitt and Betty Tuck. Married first Joan Ayer, 1820, in Essex Co., Massachusetts. Wife died, 7 or 11 Nov. 1824. Married second Louisa Adams, 7 Dec. 1825, in Andover, Essex Co. Moved to New York...

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Charles A Lord

11 May 1806–7 Aug. 1878. Teacher, merchant, bookseller, editor. Born in Kennebunkport, York Co., District of Maine. Son of Nathaniel Lord and Phebe Walker. Graduated from college, 1826. Married Ernestine Libby, 1831, in Kennebunkport. Moved to New York City...

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William Robinson

?–? Operated a book and publishing supplies store in New York City with Jonathan Leavitt, 1833–1839, and with Charles Austin Lord, 1834–1837. Assigned Charles Austin Lord to purchase 578 acres of land in Marion Co., Missouri, 1 Apr. 1839. Summoned, along ...

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Wight T Cangar [Wright F. Conger]

7 July 1812–10 Apr. 1880. Dry goods merchant. Born in New York City. Married Julia M. Comstock, 30 June 1841, in New York City. Summoned, along with JS and others, in connection with debt-collection charges by Alpheus C. Russell. Moved to New Jersey, 1860...

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John A Newbo[u]ld

Ca. 1810–31 May 1871. Merchant. Born in New York City. Married Susanna Wilson, 1 Nov. 1836, in Buffalo, Erie Co., New York. Plaintiff in case of Newbould v. Rigdon, Smith & Cowdery, 1837, in Geauga Co., Ohio. Moved to Brooklyn, Kings Co., New York, by 1840...

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Thomas Underwood
Robert Bald

ca. 1783–28/29 Apr. 1855. Accountant, bank note engraver. Born in Stirlingshire, Scotland. Moved to Philadelphia, 15 Feb. 1809. Married Susan L. Partner in Philadelphia engraving firms of Murray, Fairman and Co., 1820; Underwood, Bald and Spencer, 1833–1836...

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Asa Spencer
Samuel Hufty
Samuel D 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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Jonathan F Scribner

2 Apr. 1810–by 1880. Farmer, merchant. Born in Andover, Merrimack Co., New Hampshire. Son of Benjamin Scribner and Mary Ann White. Moved to Buffalo, Erie Co., New York, by 1836. Married Mary Sheldon, 28 Jan. 1836, in New York. Moved to Sheldon, Franklin Co...

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Almond [Almon] Babbitt

Oct. 1812–Sept. 1856. Postmaster, editor, attorney. Born at Cheshire, Berkshire Co., Massachusetts. Son of Ira Babbitt and Nancy Crosier. Baptized into Church of Jesus Christ of Latter-day Saints, ca. 1830. Located in Amherst, Lorain Co., Ohio, July 1831....

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and others
IN
CHANCERY

The court of chancery, also known as equity, emerged in fourteenth-century England as an alternative to the common law courts, which over preceding centuries had developed complicated and strict rules of procedure, governed by precedent. Partial compliance...

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— Said Respondents are hereby notified that said
complainant

7 Apr. 1795–21 Oct. 1861. Farmer, teacher, justice of the peace. Born in Middlefield, Hampshire Co., Massachusetts. Son of Alpheus Russell and Rebekah Clark. Married Elizabeth Conant, 28 May 1818, in Becket, Berkshire Co., Massachusetts. Congregationalist...

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at the June term A D 1843 of said Court, filed his
Bill in Chancery

A written complaint submitted to a chancellor, court, or judge, including “the names of the parties to the suit, . . . a statement of the facts on which the complainant relies, allegations . . . that the acts complained of are contrary to equity, and a prayer...

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against them and others, setting forth in substance, that on the 10th day of October, A D 1836, said
complainant

7 Apr. 1795–21 Oct. 1861. Farmer, teacher, justice of the peace. Born in Middlefield, Hampshire Co., Massachusetts. Son of Alpheus Russell and Rebekah Clark. Married Elizabeth Conant, 28 May 1818, in Becket, Berkshire Co., Massachusetts. Congregationalist...

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sold and conveyed the following lands, to wit: Situate in
Kirtland

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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in said county, and known as lot No. 13 and parts of lots No. 12 and 14, in tract No. two in said
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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(which is more particularly described in said Bill) to the said Joseph Smith, jr.,
Reynolds Cahoon

30 Apr. 1790–29 Apr. 1861. Farmer, tanner, builder. Born at Cambridge, Washington Co., New York. Son of William Cahoon Jr. and Mehitable Hodges. Married Thirza Stiles, 11 Dec. 1810. Moved to northeastern Ohio, 1811. Located at Harpersfield, Ashtabula Co.,...

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and
Jacob Bump

1791–by 10 Oct. 1865. Brickmason, plasterer, carpenter, mechanic, farmer, craftsman. Born at Butternuts, Otsego Co., New York. Son of Asa Bump and Lydia Dandley. Married Abigail Pettingill, ca. 1811. Moved to Meadville, Crawford Co., Pennsylvania, by 1826...

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, for the sum of $11904, for which sum they on that day executed to said
complainant

7 Apr. 1795–21 Oct. 1861. Farmer, teacher, justice of the peace. Born in Middlefield, Hampshire Co., Massachusetts. Son of Alpheus Russell and Rebekah Clark. Married Elizabeth Conant, 28 May 1818, in Becket, Berkshire Co., Massachusetts. Congregationalist...

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their six notes— five for $1000 each, and one for $6904, payable at different dates, and to secure the payment of said notes, they, the said Smith,
Cahoon

30 Apr. 1790–29 Apr. 1861. Farmer, tanner, builder. Born at Cambridge, Washington Co., New York. Son of William Cahoon Jr. and Mehitable Hodges. Married Thirza Stiles, 11 Dec. 1810. Moved to northeastern Ohio, 1811. Located at Harpersfield, Ashtabula Co.,...

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, and
Bump

1791–by 10 Oct. 1865. Brickmason, plasterer, carpenter, mechanic, farmer, craftsman. Born at Butternuts, Otsego Co., New York. Son of Asa Bump and Lydia Dandley. Married Abigail Pettingill, ca. 1811. Moved to Meadville, Crawford Co., Pennsylvania, by 1826...

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, with their wives, to wit:
Emma Smith

10 July 1804–30 Apr. 1879. Scribe, editor, boardinghouse operator, clothier. Born at Willingborough Township (later in Harmony), Susquehanna Co., Pennsylvania. Daughter of Isaac Hale and Elizabeth Lewis. Member of Methodist church at Harmony (later in Oakland...

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,
Thirza Cahoon

18 Oct. 1789–21 Nov. 1866. Born in Lanesborough, New York. Daughter of Daniel Olds Stiles and Abigail Farrington. Moved to Newport, Herkimer Co., New York, by 1810. Married Reynolds Cahoon, 11 Dec. 1810. Moved to Harpersfield, Ashtabula Co., Ohio, 1811. Moved...

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, and
Abigail [Pettingill] Bump

ca. 1795–ca. 1865. Born in Butternuts, Otsego Co., New York. Daughter of Josiah Pettingill and Lydia Hawkins. Married Jacob Bump. Moved to Silver Creek, Chautauque Co., New York, by 1834; and to Kirtland, Geauga Co., Ohio, by 1835.

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, by their deed of that date mortgaged said premises to said
complainant

7 Apr. 1795–21 Oct. 1861. Farmer, teacher, justice of the peace. Born in Middlefield, Hampshire Co., Massachusetts. Son of Alpheus Russell and Rebekah Clark. Married Elizabeth Conant, 28 May 1818, in Becket, Berkshire Co., Massachusetts. Congregationalist...

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— that said mortgage was duly recorded on the 13th day of October, 1836— that said notes are all due and are wholly unpaid; that said
Marks

15 Nov. 1792–22 May 1872. Farmer, printer, publisher, postmaster. Born at Rutland, Rutland Co., Vermont. Son of Cornell (Cornwall) Marks and Sarah Goodrich. Married first Rosannah R. Robinson, 2 May 1813. Lived at Portage, Allegany Co., New York, where he...

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claims some interest in said premises derived from one or more of said mortgagors— that the other persons above named as Respondents, claim to have recovered judgments against some of said mortgagors subsequent to the date of said conveyance and mortgage, which they claim are liens upon said premises subject to said mortgage.
The prayer of said Bill is that said Respondents may answer—for an account—that said mortgaged premises may be sold and the proceeds applied in payment of the amount due said
complainant

7 Apr. 1795–21 Oct. 1861. Farmer, teacher, justice of the peace. Born in Middlefield, Hampshire Co., Massachusetts. Son of Alpheus Russell and Rebekah Clark. Married Elizabeth Conant, 28 May 1818, in Becket, Berkshire Co., Massachusetts. Congregationalist...

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, and for further relief.
The Respondents above named in the title of said cause being non-residents of the State of
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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, are hereby notified that unless they appear, plead, answer or demur to said Bill within sixty days from the rising of said Court at its next Term, the same as to them will be taken as confessed, and a decree be entered accordingly.
JOHN W. HOWDEN

Ca. 1812–11 Sept. 1853. Farmer, merchant, county clerk, American consul. Born in Vermont. Son of John Howden and Mary Smith. Moved to Geauga Co., Ohio, by Oct. 1836, and opened a dry goods store. Served as Geauga Co. clerk, 1840–1846. Married Elizabeth M....

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, Clerk.
P. & R. Hitchcock & Wilder, Sol’s.
Painesville

Located on Grand River twelve miles northeast of Kirtland. Created and settled, 1800. Originally named Champion. Flourished economically from harbor on Lake Erie and as major route of overland travel for western emigration. Included Painesville village; laid...

More Info
, July 14, 1843.
6w92 [p. 3]
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Related Case Documents

Russell v. JS et al., Lake Co., OH, Court of Common Pleas, 18 March 1844

Editorial Title
Notice, 14 July 1843 [Russell v. JS et al.]
ID #
6099
Total Pages
1
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