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Introduction to Phelps, Assignee of JS v. Wilson Law Promissory Note from Wilson Law, 24 January 1842–A Promissory Note from Wilson Law, 24 January 1842–B Summons, 4 May 1844 [Phelps, Assignee of JS v. Wilson Law] Declaration, circa 8 May 1844 [Phelps, Assignee of JS v. Wilson Law] Subpoena, 16 May 1844 [Phelps, Assignee of JS v. Wilson Law] Affidavit, 20 May 1844 [Phelps, Assignee of JS v. Wilson Law] Docket Entry, Motion, 20 May 1844 [Phelps, Assignee of JS v. Wilson Law] Docket Entry, Continuance and Order to Plead, 21 May 1844 [Phelps, Assignee of JS v. Wilson Law] Docket Entry, Leave to Amend Declaration, 22 May 1844 [Phelps, Assignee of JS v. Wilson Law] Docket Entry, Leave to Open Depositions, 22 October 1844 [Phelps, Assignee of JS v. Wilson Law] Account, circa 23 October 1844 [Phelps, Assignee of JS v. Wilson Law] Docket Entry, Leave to Plead, 24 October 1844 [Phelps, Assignee of JS v. Wilson Law] Docket Entry, Pleas, 24 October 1844 [Phelps, Assignee of JS v. Wilson Law] Affidavit, 1 November 1844–A [Phelps, Assignee of JS v. Wilson Law] Affidavit, 1 November 1844–B [Phelps, Assignee of JS v. Wilson Law] Docket Entry, Continuance and Costs, 1 November 1844 [Phelps, Assignee of JS v. Wilson Law] Docket Entry, Fieri Facias, between 1 November 1844 and circa 17 February 1845 [Phelps, Assignee of JS v. Wilson Law] Docket Entry, Fee Bill, between 22 November 1844 and circa 17 February 1845 [Phelps, Assignee of JS v. Wilson Law] Docket Entry, Security for Costs, 19 May 1845 [Phelps, Assignee of JS v. Wilson Law] Docket Entry, Nonsuit and Withdrawal of Papers, 21 May 1845 [Phelps, Assignee of JS v. Wilson Law] Docket Entry, circa 21 May 1845 [Phelps, Assignee of JS v. Wilson Law] Affidavit, 26 May 1845 [Phelps, Assignee of JS v. Wilson Law] Affidavit, 27 May 1845 [Phelps, Assignee of JS v. Wilson Law] Docket Entry, Fieri Facias, between 21 May and circa 4 August 1845 [Phelps, Assignee of JS v. Wilson Law] Certificate, 11 May 1846 [Phelps, Assignee of JS v. Wilson Law] Certificate, 11 May 1846, as Recorded in Old Certificates of Purchase, Levy, and Redemption [Phelps, Assignee of JS v. Wilson Law] Docket Entry, Alias Fee Bill, between 16 February and circa 11 May 1846 [Phelps, Assignee of JS v. Wilson Law] Praecipe, 28 May 1846 [Phelps, Assignee of JS v. Wilson Law] Docket Entry, Alias Fieri Facias, between 2 June and circa 4 July 1846 [Phelps, Assignee of JS v. Wilson Law] Docket Entry, Alias Fieri Facias, between 4 June and circa 4 July 1846 [Phelps, Assignee of JS v. Wilson Law] Certificate, 5 May 1847 [Phelps, Assignee of JS v. Wilson Law]

Subpoena, 16 May 1844 [Phelps, Assignee of JS v. Wilson Law]

Source Note

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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, Subpoena,
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, to
Lee Co.

Located in north-central Illinois, with part of northern county boundary formed by Rock River. Fertile agricultural area. French trappers frequented area, by 1780. Second Black Hawk campaign fought in area, 1832. Illinois Central Railroad construction began...

More Info
Sheriff [James Campbell], for
Shepherd Patrick

28 Mar. 1815–2 Oct. 1877. Lawyer, farmer. Born in Wysox, Bradford Co., Pennsylvania. Son of Shepard Patrick and Catherine Goodwin. Admitted to bar, 1841, in Bradford Co. Practiced law in Dixon, Lee Co., Illinois, by early 1840s. Served as legal counsel for...

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, 16 May 1844, Phelps, Assignee of JS v. Wilson Law (Hancock Co., IL, Circuit Court 1843); printed form with manuscript additions in handwriting of
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...

View Full Bio
; docket printed with manuscript additions 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...

View Full Bio
, [
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, 16 May 1844]; notations printed with manuscript additions by James Campbell,
Lee Co.

Located in north-central Illinois, with part of northern county boundary formed by Rock River. Fertile agricultural area. French trappers frequented area, by 1780. Second Black Hawk campaign fought in area, 1832. Illinois Central Railroad construction began...

More Info
, IL, 27 May 1844; two pages; microfilm in Circuit Court Case Files, 1830–1900, CHL. Includes seal.
In 1844, this document was filed at the Hancock County Circuit Court in
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
, Illinois. Sometime in the ensuing decades, it was transferred to the Illinois State Archives. In 2000, the Micrographic Services Division of the Illinois State Archives microfilmed a subset of Hancock County Circuit Court case files from 1830 to1900 that were descriptively titled, “Cases pertaining to Mormon residents.” In 2000, staff of the Church Historical Department (now CHL) obtained a copy of this microfilm from Karl Moore, a managing archivist of the Illinois Regional Archives Depository (IRAD) program. In 2013, the microfilm was cataloged. Subsequent efforts by the Joseph Smith Papers Project to locate the original records at the IRAD depository for Hancock County records were unsuccessful. As of 2022, the document is unlocated.

Historical Introduction

See Introduction to Phelps, Assignee of JS v. Wilson Law.

Page [1]

State of Illinois,) Sc[ilice]t.
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
.)
The People of the State of
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
, TO THE SHERIFF OF SAID
<​Lee​> COUNTY

Located in north-central Illinois, with part of northern county boundary formed by Rock River. Fertile agricultural area. French trappers frequented area, by 1780. Second Black Hawk campaign fought in area, 1832. Illinois Central Railroad construction began...

More Info
—GREETING:
WE COMMAND YOU TO SUMMON
S[hepherd] G. Patrick,

28 Mar. 1815–2 Oct. 1877. Lawyer, farmer. Born in Wysox, Bradford Co., Pennsylvania. Son of Shepard Patrick and Catherine Goodwin. Admitted to bar, 1841, in Bradford Co. Practiced law in Dixon, Lee Co., Illinois, by early 1840s. Served as legal counsel for...

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if to be found in your
county

Located in north-central Illinois, with part of northern county boundary formed by Rock River. Fertile agricultural area. French trappers frequented area, by 1780. Second Black Hawk campaign fought in area, 1832. Illinois Central Railroad construction began...

More Info
, personally to be and appear before the Circuit Court of said
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
, at the Court House, in
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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, on the Twenty Second day of May in the year of our Lord one thousand eight hundred and forty-four to testify, and the truth to speak, in relation to a certain matter in controversy, now depending in the said Court, between
W[illiam] W. Phelps

17 Feb. 1792–7 Mar. 1872. Writer, teacher, printer, newspaper editor, publisher, postmaster, lawyer. Born at Hanover, Morris Co., New Jersey. Son of Enon Phelps and Mehitabel Goldsmith. Moved to Homer, Cortland Co., New York, 1800. Married Sally Waterman,...

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, assinee of Joseph Smith
1

TEXT: An arrow appears to the right of this line, pointing at JS’s name.


plaintiff[blank],
2

TEXT: The form included a blank space in case “plaintiff” needed to be made plural.


and
Wilson Law

26 Feb. 1806–15 Oct. 1876. Merchant, millwright, land speculator, farmer. Born in Ireland. Son of Richard Law and Ann Hunter. Immigrated to U.S. and settled in Springfield Township, Mercer Co., Pennsylvania, by 1820. Moved to Delaware Township, Mercer Co....

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,
defendant at the instance of the said
Defendant

26 Feb. 1806–15 Oct. 1876. Merchant, millwright, land speculator, farmer. Born in Ireland. Son of Richard Law and Ann Hunter. Immigrated to U.S. and settled in Springfield Township, Mercer Co., Pennsylvania, by 1820. Moved to Delaware Township, Mercer Co....

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laying aside all pretences and excuses whatsoever, under the penalty of what the law directs. And make due return of this writ, and the manner in which you execute the same.
[seal]
WITNESS,
J[acob] 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...

View Full Bio
Clerk of our said Circuit Court, at
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
, this Sixteenth day of May— in the year of Our Lord one thousand eight hundred and forty-four
J 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...

View Full Bio
Clerk. [p. [1]]
View entire transcript

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Cite this page

Source Note

Document Transcript

Page [1]

Document Information

Related Case Documents
Editorial Title
Subpoena, 16 May 1844 [Phelps, Assignee of JS v. Wilson Law]
ID #
3645
Total Pages
2
Print Volume Location
Handwriting on This Page
  • Printed text
  • Jacob B. Backenstos

Footnotes

  1. [1]

    TEXT: An arrow appears to the right of this line, pointing at JS’s name.

  2. [2]

    TEXT: The form included a blank space in case “plaintiff” needed to be made plural.

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