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Introduction to JS v. McLellin Declaration, circa 6 March 1839 [JS v. McLellin] Summons, 6 March 1839 [JS v. McLellin] Motion, 18 April 1839 [JS v. McLellin] Plea, 18 April 1839 [JS v. McLellin] Docket Entry, Motion and Plea, 18 April 1839 [JS v. McLellin] Docket Entry, Order to Pay Bond, 20 April 1839 [JS v. McLellin] Docket Entry, Nolle Prosequi, 21 August 1839 [JS v. McLellin]

Summons, 6 March 1839 [JS v. McLellin]

Source Note

Samuel Tillery, Summons, to
Clay Co.

Settled ca. 1800. Organized from Ray Co., 1822. Original size diminished when land was taken to create several surrounding counties. Liberty designated county seat, 1822. Population in 1830 about 5,000; in 1836 about 8,500; and in 1840 about 8,300. Refuge...

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Sheriff [Samuel Hadley], for
William E. McLellin

18 Jan. 1806–14 Mar. 1883. Schoolteacher, physician, publisher. Born at Smith Co., Tennessee. Son of Charles McLellin and Sarah (a Cherokee Indian). Married first Cynthia Ann, 30 July 1829. Wife died, by summer 1831. Baptized into Church of Jesus Christ of...

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, [
Liberty

Located in western Missouri, thirteen miles north of Independence. Settled 1820. Clay Co. seat, 1822. Incorporated as town, May 1829. Following expulsion from Jackson Co., 1833, many Latter-day Saints found refuge in Clay Co., with church leaders and other...

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], Clay Co., MO, 6 Mar. 1839, JS v. McLellin (Clay County, MO, Circuit Court 1839); handwriting of Samuel Tillery; notation by Samuel Hadley,
Clay Co.

Settled ca. 1800. Organized from Ray Co., 1822. Original size diminished when land was taken to create several surrounding counties. Liberty designated county seat, 1822. Population in 1830 about 5,000; in 1836 about 8,500; and in 1840 about 8,300. Refuge...

More Info
, MO, [ca. 22 Mar. 1839]; two pages; Clay County Archives and Historical Library, Liberty, Missouri. Includes seal.

Historical Introduction

See Introduction to JS v. McLellin.

Page [1]

State of Missouri) Scts [scilicet]
County of
Clay

Settled ca. 1800. Organized from Ray Co., 1822. Original size diminished when land was taken to create several surrounding counties. Liberty designated county seat, 1822. Population in 1830 about 5,000; in 1836 about 8,500; and in 1840 about 8,300. Refuge...

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)
The State of
Missouri

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Latter-day Saint ...

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To the Sheriff of the County of
Clay

Settled ca. 1800. Organized from Ray Co., 1822. Original size diminished when land was taken to create several surrounding counties. Liberty designated county seat, 1822. Population in 1830 about 5,000; in 1836 about 8,500; and in 1840 about 8,300. Refuge...

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aforesaid You are hereby commanded to Summon
William E McCleland [McLellin]

18 Jan. 1806–14 Mar. 1883. Schoolteacher, physician, publisher. Born at Smith Co., Tennessee. Son of Charles McLellin and Sarah (a Cherokee Indian). Married first Cynthia Ann, 30 July 1829. Wife died, by summer 1831. Baptized into Church of Jesus Christ of...

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that he be and appear before the
Judge

21 Sept. 1802–22 Apr. 1870. Attorney, judge, politician, farmer. Born at Sullivan Co., Tennessee. Son of Walter King and Nancy Sevier. Married first Nancy Harris Roberts, 13 May 1828, at Jackson, Madison Co., Tennessee. In 1830, moved to Missouri, where he...

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of our
Clay

Settled ca. 1800. Organized from Ray Co., 1822. Original size diminished when land was taken to create several surrounding counties. Liberty designated county seat, 1822. Population in 1830 about 5,000; in 1836 about 8,500; and in 1840 about 8,300. Refuge...

More Info
Circuit Court on the first day of the next April Term of said Court to be holden at the Court house in the Town of
Liberty

Located in western Missouri, thirteen miles north of Independence. Settled 1820. Clay Co. seat, 1822. Incorporated as town, May 1829. Following expulsion from Jackson Co., 1833, many Latter-day Saints found refuge in Clay Co., with church leaders and other...

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on the third Monday in April next it being the 15th day of said month To answer unto Joseph Smith Junior in an Action of
Trespass on the Case

A legal writ that permits an individual to sue for damages for wrongs committed without force. This action is sometimes referred to as simply “case.” Trespass on the case was a broad category that encompassed more specific common law actions such as assumpsit...

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To his damage of Five hundred dollars as is said and have you then and there this writ
[seal]
Witness Samuel Tillery Clerk of said Court with the seal of said Court affixed this 6th day of March AD 1839
Saml. Tillery Clerk [p. [1]]
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Related Case Documents
Editorial Title
Summons, 6 March 1839 [JS v. McLellin]
ID #
4709
Total Pages
2
Print Volume Location
Handwriting on This Page
  • Samuel Tillery

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