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Introduction to City of Nauvoo v. C. L. Higbee et al. Notice of Appeal, 2 May 1844 Docket Entry, 2 May–circa 3 June 1844 [City of Nauvoo v. C. A. Foster] Bond, 26 July 1844 [City of Nauvoo v. C. A. Foster] Certiorari, 26 July 1844 [City of Nauvoo v. C. A. Foster] Supersedeas, 26 July 1844 [City of Nauvoo v. C. A. Foster] Motion, circa 21 October 1844 [City of Nauvoo v. C. A. Foster] Docket Entry, Motion, 22 October 1844 [City of Nauvoo v. C. A. Foster] Motion, circa 24 October 1844–A [City of Nauvoo v. C. A. Foster] Motion, circa 24 October 1844–B [City of Nauvoo v. C. A. Foster] Docket Entry, Motions, 25 October 1844 [City of Nauvoo v. C. A. Foster] Docket Entry, Motions Overruled, 31 October 1844 [City of Nauvoo v. C. A. Foster] Docket Entry, Dismissal, 21 October 1845 [City of Nauvoo v. C. A. Foster] Docket Entry, circa 21 October 1845 [City of Nauvoo v. C. A. Foster] Case File Wrapper, circa October 1845 [City of Nauvoo v. C. A. Foster] Docket Entry, Fieri Facias, between 17 December 1845 and circa 17 March 1846 [City of Nauvoo v. C. A. Foster]

Supersedeas, 26 July 1844 [City of Nauvoo v. C. A. Foster]

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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,
Supersedeas

A writ “containing a command to stay the proceedings at law.” The writ enjoined “the justice and constable from proceeding any further in said suit, and suspending all proceedings in relation thereto.” Hancock County, Illinois, Circuit Court officials often...

View Glossary
,
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
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

More Info
Municipal Court,
John P. Greene

3 Sept. 1793–10 Sept. 1844. Farmer, shoemaker, printer, publisher. Born at Herkimer, Herkimer Co., New York. Son of John Coddington Greene and Anna Chapman. Married first Rhoda Young, 11 Feb. 1813. Moved to Aurelius, Cayuga Co., New York, 1814; to Brownsville...

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, and their Agents and Attorneys,
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

More Info
, Hancock Co., IL, 26 July 1844, City of Nauvoo v. C. A. Foster (Hancock Co., IL, Circuit Court 1845); handwriting of
M. Avise

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; signature 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 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, [26 July 1844]; notations by
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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,
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, 27 July 1844; notation by
David E. Head

27 Apr. 1818–1 May 1877. Clerk, merchant. Born in Washington Co., Kentucky. Moved to Macomb, McDonough Co., Illinois, ca. 1834. Deputy clerk of McDonough Co. Deputy clerk of Hancock Co., Illinois, circuit court, by 16 May 1843. Clerk of Hancock Co. Circuit...

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], 10 Sept. 1844; three pages; microfilm in Circuit Court case files, 1830–1900, CHL.

Historical Introduction

See Introduction to City of Nauvoo v. C. L. Higbee et al.

Page [1]

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
)
Hancock County)
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 Honorable the Municipal Court of the City of
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

More Info
&
John P. Green[e]

3 Sept. 1793–10 Sept. 1844. Farmer, shoemaker, printer, publisher. Born at Herkimer, Herkimer Co., New York. Son of John Coddington Greene and Anna Chapman. Married first Rhoda Young, 11 Feb. 1813. Moved to Aurelius, Cayuga Co., New York, 1814; to Brownsville...

View Full Bio
Esq Marshall of said
City

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

More Info
, their Agents & Attorneys and any of them, Greeting:
Whereas
Charles A Foster

Sept. 1815–1904. Physician, pharmacist. Born in England, likely in Braunston, Northamptonshire. Son of John Foster and Jane Knibb. Immigrated to U.S., arriving in New York on 27 June 1831. Moved to Hancock Co., Illinois, by Feb. 1843. Publisher of Nauvoo ...

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has filed an Affidavit in 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
praying a Writ of
Certiorari

A writ from a superior court commanding a lower court to certify the record in a particular case in order for the superior court to review the proceedings.

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and Whereas the Probate Justice of the Peace within and for 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
has made an order granting the issuing of said Writ of
Certiorari

A writ from a superior court commanding a lower court to certify the record in a particular case in order for the superior court to review the proceedings.

View Glossary
, in a certain cause lately pending in the Municipal Court of the City of
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

More Info
, Wherein the said City of
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

More Info
was Plaintiff &
Charles A. Foster

Sept. 1815–1904. Physician, pharmacist. Born in England, likely in Braunston, Northamptonshire. Son of John Foster and Jane Knibb. Immigrated to U.S., arriving in New York on 27 June 1831. Moved to Hancock Co., Illinois, by Feb. 1843. Publisher of Nauvoo ...

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was Defendant & wherein a Judgement was rendered against said
Charles A. Foster

Sept. 1815–1904. Physician, pharmacist. Born in England, likely in Braunston, Northamptonshire. Son of John Foster and Jane Knibb. Immigrated to U.S., arriving in New York on 27 June 1831. Moved to Hancock Co., Illinois, by Feb. 1843. Publisher of Nauvoo ...

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and in favour of said City of
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

More Info
for the sum of One hundred Dollars fine & Costs of suit, and the Court haveing awarded the said Writ of
Certiorari

A writ from a superior court commanding a lower court to certify the record in a particular case in order for the superior court to review the proceedings.

View Glossary
Now therefore you the said Municipal Court &
John P. Green

3 Sept. 1793–10 Sept. 1844. Farmer, shoemaker, printer, publisher. Born at Herkimer, Herkimer Co., New York. Son of John Coddington Greene and Anna Chapman. Married first Rhoda Young, 11 Feb. 1813. Moved to Aurelius, Cayuga Co., New York, 1814; to Brownsville...

View Full Bio
martial & all other Persons are hereby Commanded that you do forthwith desist from Collecting the above described Judgement, or any part thereof or intermedling or proceeding in the premises in any way whatever untill further order from our Circuit Court within & for 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
[p. [1]]
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Related Case Documents
Editorial Title
Supersedeas, 26 July 1844 [City of Nauvoo v. C. A. Foster]
ID #
5286
Total Pages
3
Print Volume Location
Handwriting on This Page
  • Matthias Avise

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