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Introduction to Sweeney v. Miller et al. Promissory Note, 16 April 1841 [Sweeney v. Miller et al.] Praecipe, 7 April 1842 [Sweeney v. Miller et al.] Recognizance, 7 April 1842 [Sweeney v. Miller et al.] Declaration, circa 18 April 1842 [Sweeney v. Miller et al.] Declaration, circa 18 April 1842, Copy [Sweeney v. Miller et al.] Docket Entry, Judgment, 5 May 1842 [Sweeney v. Miller et al.] Scire Facias, 15 August 1842 [Sweeney v. Miller et al.] Docket Entry, Scire Facias, between 16 August and circa 27 September 1842 [Sweeney v. Miller et al.] Docket Entry, Pleas, 3 October 1842 [Sweeney v. Miller et al.] Docket Entry, Replication, 4 October 1842 [Sweeney v. Miller et al.] Docket Entry, Execution, 5 October 1842 [Sweeney v. Miller et al.] Docket Entry, circa 5 October 1842 [Sweeney v. Miller et al.] Docket Entry, Alias Fieri Facias, circa 23 April 1843 [Sweeney v. Miller et al.] Fee Bill, circa April 1843 [Sweeney v. Miller et al.] Praecipe, 15 January 1844 [Sweeney v. Miller et al.] Docket Entry, Pluries Fieri Facias, between 3 April and circa 4 May 1844 [Sweeney v. Miller et al.] Docket Entry, Fee Bill, between 17 April and 16 July 1845 [Sweeney v. Miller et al.] Assignment of Judgment, 14 August 1845 [Sweeney v. Miller et al.] Receipt, 12 November 1845 [Sweeney v. Miller et al.] Praecipe, 28 November 1845 [Sweeney v. Miller et al.] Docket Entry, Venditioni Exponas, between 16 December 1845 and circa 11 March 1846 [Sweeney v. Miller et al.] Assignment of Judgment, 4 April 1846 [Sweeney v. Miller et al.] Certificate, 4 May 1846 [Sweeney v. Miller et al.] Certificate, 4 May 1846, as Recorded in Old Certificates of Purchase, Levy, and Redemption [Sweeney v. Miller et al.] Fee Bill, circa May 1846 [Sweeney v. Miller et al.] Deed, 5 August 1847 [Sweeney v. Miller et al.]

Scire Facias, 15 August 1842 [Sweeney v. Miller et al.]

Source Note

M. Avise

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on behalf of
Jacob Davis

16 Sept. 1820–25 Dec. 1883. Lawyer, farmer, politician. Born near Staunton, Augusta Co., Virginia. Son of William C. Davis and Sarah (Sallie) Van Lear. Lived at Augusta Co., 1830. Moved to Warsaw, Hancock Co., Illinois, by 1838. Served as Illinois circuit...

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,
Scire Facias

A writ “founded upon some record, and requiring the defendant to show cause why the plaintiff should not have the advantage of such record.” Examples of its use were to revive a judgment not yet executed, “in order to give an opportunity to the defendant ...

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, to
Hancock Co.

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 ...

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Sheriff [
William Backenstos

29 Aug. 1813–11 July 1875. Sheriff, merchant, painter. Born at Lower Paxton, Dauphin Co., Pennsylvania. Son of Jacob Backenstos and Margaretha Theis. Baptized into Lutheran Reformed Church, 31 Oct. 1813, in Lower Paxton. Moved to Hancock Co., Illinois, by...

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],
Carthage

Located eighteen miles southeast of Nauvoo. Settled 1831. Designated Hancock Co. seat, Mar. 1833. Incorporated as town, 27 Feb. 1837. Population in 1839 about 300. Population in 1844 about 400. Site of acute opposition to Latter-day Saints, early 1840s. Site...

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, Hancock Co., IL, 15 Aug. 1842, Sweeney v. Miller et al. (Hancock Co., IL, Circuit Court 1842); handwriting of
M. Avise

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; docket by
M. Avise

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, [
Carthage

Located eighteen miles southeast of Nauvoo. Settled 1831. Designated Hancock Co. seat, Mar. 1833. Incorporated as town, 27 Feb. 1837. Population in 1839 about 300. Population in 1844 about 400. Site of acute opposition to Latter-day Saints, early 1840s. Site...

More Info
, Hancock Co., IL, 15 Aug. 1842]; notations by
Jacob B. Backenstos

8 Oct. 1811–25 Sept. 1857. Merchant, sheriff, soldier, politician, land speculator. Born at Lower Paxton, Dauphin Co., Pennsylvania. Son of Jacob Backenstos and Margaretha Theis. Member of Lutheran Reformed Church. Married Sarah Lavina Lee, niece of Robert...

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,
Hancock Co.

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
, IL, 23 Sept. 1842; four pages; microfilm in Circuit Court Case Files, 1830–1900, CHL.

Historical Introduction

See Introduction to Sweeney v. Miller et al.
Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. Declaration, circa 18 April 1842 [ Sweeney v. Miller et al. ] Declaration, circa 18 April 1842, Copy [ Sweeney v. Miller et al. ] Scire Facias, 15 August 1842 [ Sweeney v. Miller et al. ]

Page [2]

ants in consideration thereof afterwards to wit on the day and year aforesaid undertook and faithfully promised Plaintiff to pay him the said sum of money in said notes specified according to the tenor and effect of said note— And Plaintiff further complains of Defendants for that whereas heretofore to wit on the sixteenth day of April in the year of our Lord one thousand eight hundred and forty one to wit at
St Louis

Located on west side of Mississippi River about fifteen miles south of confluence with Missouri River. Founded as fur-trading post by French settlers, 1764. Incorporated as town, 1809. First Mississippi steamboat docked by town, 1817. Incorporated as city...

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to wit at said county as proprietors and owners of the Steam Boat Nauvoo Defendants by
Peter Haws

17 Feb. 1796–1862. Farmer, miller, businessman. Born in Leeds Co., Johnstown District (later in Ontario), Upper Canada. Son of Edward Haws and Polly. Married Charlotte Harrington. Baptized into Church of Jesus Christ of Latter-day Saints. Moved to Kirtland...

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then master of said Steam Boat Nauvoo for said owners and for value received by said Steam Boat Nauvoo then and there made their certain promissory note in writing of that date and thereby, as proprietors and owners as aforesaid by said
Peter Haws

17 Feb. 1796–1862. Farmer, miller, businessman. Born in Leeds Co., Johnstown District (later in Ontario), Upper Canada. Son of Edward Haws and Polly. Married Charlotte Harrington. Baptized into Church of Jesus Christ of Latter-day Saints. Moved to Kirtland...

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master as aforesaid, promised to pay to Plaintiff or order the sum of fifty six dollars sixty days after date without defalcation or discount and then and there by said
Peter Haws

17 Feb. 1796–1862. Farmer, miller, businessman. Born in Leeds Co., Johnstown District (later in Ontario), Upper Canada. Son of Edward Haws and Polly. Married Charlotte Harrington. Baptized into Church of Jesus Christ of Latter-day Saints. Moved to Kirtland...

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master as aforesaid delivered the said note to said note to said Plaintiff by reason of which and by force of the statutein such cases made and provided the said Defendants then and there became liable to pay to the said plaintiff the said sum of money in the said note specified according to the tenor and effect of the said note— and being so liable the said Defendants in consideration thereof afterwards to wit on the day and year aforesaid to wit at said County undertook and faithfully promised the said Plaintiff to pay him the said sum of money in said note specified according to the tenor and effect of said note— yet the said Defendants have broken their said several promises in this behalf and have not regarded the same— and have not paid the said plaintiff the said several sums of money though often demanded and requested by Plaintiff so to do but to pay the same or any part thereof have hitherto refused and still do refuse to Plaintiffs damage as he says one hundred and fifty dollars and therefore he brings this suit—
[Guy C.] Sampson P. Q. [
pro querente

For the plaintiff.

View Glossary
]
And thereupon such proceedings were afterwards had, that on the fifth day of May in the year of our Lord one thousand eight hundred and forty two, the said Hugh S. Sweeny in our [p. [2]]
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Related Case Documents
Editorial Title
Scire Facias, 15 August 1842 [Sweeney v. Miller et al.]
ID #
4302
Total Pages
4
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