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Introduction to Underwood, Bald, Spencer & Hufty v. Rigdon et al. Summons, 9 June 1837 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.] Declaration, circa 7 July 1837 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.] Plea, circa 28 October 1837 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.] Transcript of Proceedings, circa 16 April 1839 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.] Docket Entry, Costs, circa 16 April 1839 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.] Notice, 12 August 1840 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.] Docket Entry, Sheriff’s Sale, 21 October 1840 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.] Docket Entry, Deed, 30 April 1841 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.] Assignment of Judgment, 30 April 1841 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.] Deed, 3 June 1841 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.] Deed, 23 November 1841 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.]

Transcript of Proceedings, circa 16 April 1839 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.]

Source Note

Transcript of Proceedings, [
Chardon

Located eight miles south of Lake Erie and immediately east of Kirtland Township. Settled by 1812. Included village of Chardon. Population of township in 1820 about 430; in 1830 about 880; and in 1840 about 1,100. Two of JS’s sisters resided in township. ...

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], Geauga Co., OH, ca. 16 Apr. 1839, Underwood, Bald, Spencer & Hufty v. Rigdon et al. (Geauga Co., OH, Court of Common Pleas 1839); Geauga County Court of Common Pleas, Common Pleas Record, vol. X, pp. 34–36; handwriting of
David D. Aiken

20 Sept. 1794–12 Dec. 1861. County clerk, associate judge, merchant. Born in New York. Baptized into Episcopalian church, 9 Aug. 1818, in New York. Married Laura Loomis. Moved to Brown, Stark Co., Ohio, by 1820; to Painesville, Geauga Co., Ohio; and to Chardon...

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; signature presumably of
Van R. Humphrey

28 July 1800–5 Sept. 1864. Teacher, lawyer, judge. Born in Goshen, Litchfield Co., Connecticut. Son of Isaiah Humphrey and Lorana Drake. Admitted to bar, 1820. Married first Stella Beach, 12 Apr. 1821, in Goshen. Moved to Hudson, Summit Co., Ohio, June 1821...

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; Geauga County Archives and Records Center, Chardon, OH.

Historical Introduction

See Introduction to Underwood, Bald, Spencer & Hufty v. Rigdon et al.
Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. Transcript of Proceedings, circa 16 April 1839 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.] Summons, 9 June 1837 [ Underwood, Bald, Spencer & Hufty v. Rigdon et al. ] Declaration, circa 7 July 1837 [ Underwood, Bald, Spencer & Hufty v. Rigdon et al. ] Plea, circa 28 October 1837 [ Underwood, Bald, Spencer & Hufty v. Rigdon et al. ]
Transcript of Proceedings, circa 16 April 1839 [ Underwood, Bald, Spencer & Hufty v. Rigdon et al. ]

Page 34

Pleas before the Court of Common Pleas within and for the County of
Geauga

Located in northeastern Ohio, south of Lake Erie. Rivers in area include Grand, Chagrin, and Cuyahoga. Settled mostly by New Englanders, beginning 1798. Formed from Trumbull Co., 1 Mar. 1806. Chardon established as county seat, 1808. Population in 1830 about...

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in 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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at a term of said Court begun and held at
Chardon

Located eight miles south of Lake Erie and immediately east of Kirtland Township. Settled by 1812. Included village of Chardon. Population of township in 1820 about 430; in 1830 about 880; and in 1840 about 1,100. Two of JS’s sisters resided in township. ...

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on the sixteenth day of April in the year of our Lord one thousand eight hundred and thirty nine.
Be it remembered, that heretofore to wit at the June term of said Court in the year of our Lord one thousand eight hundred and thirty seven, Thomas Underwood and others sued out of the office of the
Clerk

20 Sept. 1794–12 Dec. 1861. County clerk, associate judge, merchant. Born in New York. Baptized into Episcopalian church, 9 Aug. 1818, in New York. Married Laura Loomis. Moved to Brown, Stark Co., Ohio, by 1820; to Painesville, Geauga Co., Ohio; and to Chardon...

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of said Court a writ of summons against
Sidney Rigdon

19 Feb. 1793–14 July 1876. Tanner, farmer, minister. Born at St. Clair, Allegheny Co., Pennsylvania. Son of William Rigdon and Nancy Gallaher. Joined United Baptists, ca. 1818. Preached at Warren, Trumbull Co., Ohio, and vicinity, 1819–1821. Married Phebe...

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and others in the words and figures following to wit:—
“The State of Ohio)
Geauga County

Located in northeastern Ohio, south of Lake Erie. Rivers in area include Grand, Chagrin, and Cuyahoga. Settled mostly by New Englanders, beginning 1798. Formed from Trumbull Co., 1 Mar. 1806. Chardon established as county seat, 1808. Population in 1830 about...

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ss. [scilicet])
seal
1

TEXT: “seal” enclosed in a hand-drawn representation of a seal.


To the
Sheriff

20 Dec. 1800–24 July 1880. Farmer. Born in Rindge, Cheshire Co., New Hampshire. Son of Lemuel Kimball and Polly Cutler. Moved to Unionville, Madison Township, Geauga Co., Ohio, 27 Aug. 1812. Moved to Madison, Madison Township, Aug. 1813. Married Philena Hastings...

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of said
County

Located in northeastern Ohio, south of Lake Erie. Rivers in area include Grand, Chagrin, and Cuyahoga. Settled mostly by New Englanders, beginning 1798. Formed from Trumbull Co., 1 Mar. 1806. Chardon established as county seat, 1808. Population in 1830 about...

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. . . Greeting:— We command you that you summon
Sidney Rigdon

19 Feb. 1793–14 July 1876. Tanner, farmer, minister. Born at St. Clair, Allegheny Co., Pennsylvania. Son of William Rigdon and Nancy Gallaher. Joined United Baptists, ca. 1818. Preached at Warren, Trumbull Co., Ohio, and vicinity, 1819–1821. Married Phebe...

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, Joseph Smith Jr.
Eliphalet Boynton

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,
Solon Foster

8 Jan. 1811–17 Mar. 1896. Farmer. Born at Danby, Tompkins Co., New York. Son of Luther Foster and Ruth Hedges. Baptized into Church of Jesus Christ of Latter-day Saints, 1833. Participated in Camp of Israel expedition to Missouri, 1834. Ordained an elder,...

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, Joel McWith[e]y,
Joseph Smith Senior

12 July 1771–14 Sept. 1840. Cooper, farmer, teacher, merchant. Born at Topsfield, Essex Co., Massachusetts. Son of Asael Smith and Mary Duty. Nominal member of Congregationalist church at Topsfield. Married to Lucy Mack by Seth Austin, 24 Jan. 1796, at Tunbridge...

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,
Edmund Bosley

25 June 1776–15 Dec. 1846. Miller. Born at Northumberland, Northumberland Co., Pennsylvania. Son of John P. Bosley and Hannah Bull. Married Ann Kelly of Northumberland Co. Lived at Livonia, Livingston Co., New York, 1792–1834. Moved to Kirtland, Geauga Co...

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, Samuel Parker,
Jonathan H. Holmes

11 Mar. 1806–18 Aug. 1880. Shoemaker, farmer. Born in Georgetown, Essex Co., Massachusetts. Son of Nathaniel Holmes and Sally Harriman. Baptized into Church of Jesus Christ of Latter-day Saints by John F. Boynton, 1832. Moved to Kirtland, Geauga Co., Ohio...

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,
Warren Smith

1794–30 Oct. 1838. Blacksmith. Son of Chileab Smith and Nancy. Born in Massachusetts. Married Amanda Barnes, 9 July 1826, at Black River (later in Lorain), Lorain Co., Ohio. Baptized into Church of Jesus Christ of Latter-day Saints, 1831. Moved to Kirtland...

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,
Josiah Butterfield

13 Mar. 1795–3 Mar. 1871. Farmer, stockman. Born at Dunstable, Middlesex Co., Massachusetts. Son of Abel Butterfield and Mercy Farnsworth. Married first Polly Moulton, 30 Oct. 1819. Moved to Buxton, York Co., Maine, 1820. Baptized into Church of Jesus Christ...

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,
Noah Packard

7 May 1796–17 Feb. 1860. Farmer, surveyor, miner. Born at Plainfield, Hampshire Co., Massachusetts. Son of Noah Packard and Molly Hamblin. Moved to Parkman, Geauga Co., Ohio, 1817. Married Sophia Bundy, 29 June 1820, at Parkman. Baptized into Church of Jesus...

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,
Hiram Clark

22 Sept. 1795–28 Dec. 1853 Born in Rutland Co., Vermont. Son of Lyman Clark and Parmela. Married first Mary Fenno. Moved to Antwerp, Jefferson Co., New York, by 1820. Baptized into Church of Jesus Christ of Latter-day Saints, ca. 1835. Married second Thankful...

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, Chauncey G. Webb,
Thomas Carrico [Jr.]

20 Sept. 1801–22 Feb. 1882. Shoemaker. Born at Beverly, Essex Co., Massachusetts. Son of Thomas Carrico and Deborah Wallis. Baptized into Unitarian church, 27 Sept. 1801, at Beverly. Married first Mary E. Raymond, 30 Aug. 1827, at Beverly. Wife died, 1833...

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and
Andrew L. Allen

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, to appear forthwith before our Court of Common Pleas for said
County

Located in northeastern Ohio, south of Lake Erie. Rivers in area include Grand, Chagrin, and Cuyahoga. Settled mostly by New Englanders, beginning 1798. Formed from Trumbull Co., 1 Mar. 1806. Chardon established as county seat, 1808. Population in 1830 about...

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now sitting at the Court House in
Chardon

Located eight miles south of Lake Erie and immediately east of Kirtland Township. Settled by 1812. Included village of Chardon. Population of township in 1820 about 430; in 1830 about 880; and in 1840 about 1,100. Two of JS’s sisters resided in township. ...

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to answer unto 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 and Samuel Hufty in a plea of
assumpsit

An action brought to recover damages for breach of a simple contract or for the recovery of money. Assumpsit was a form of trespass on the case. In Ohio law, it was “the usual remedy upon promissory notes.”

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to their damage two thousand dollars as is said. Herein fail not but of this writ and your service make due return. Witness
Van R Humphrey

28 July 1800–5 Sept. 1864. Teacher, lawyer, judge. Born in Goshen, Litchfield Co., Connecticut. Son of Isaiah Humphrey and Lorana Drake. Admitted to bar, 1820. Married first Stella Beach, 12 Apr. 1821, in Goshen. Moved to Hudson, Summit Co., Ohio, June 1821...

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President of said Court at
Chardon

Located eight miles south of Lake Erie and immediately east of Kirtland Township. Settled by 1812. Included village of Chardon. Population of township in 1820 about 430; in 1830 about 880; and in 1840 about 1,100. Two of JS’s sisters resided in township. ...

More Info
this ninth day of June AD 1837.
D[avid] D. Aiken

20 Sept. 1794–12 Dec. 1861. County clerk, associate judge, merchant. Born in New York. Baptized into Episcopalian church, 9 Aug. 1818, in New York. Married Laura Loomis. Moved to Brown, Stark Co., Ohio, by 1820; to Painesville, Geauga Co., Ohio; and to Chardon...

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Clerk.”
Upon which writ was the following endorsment to wit:—
“Suit brought for goods sold and delivered and work and labour done by the plaintiffs as engravers for the defendants and at their request. Amount appearing due $1450—”
The foregoing writ was forthwith returned into Court by the
Sheriff

14 Oct. 1813–31 Oct. 1882. Farmer, sheriff. Born in Wilmington, Windham Co., Vermont. Son of Silas Axtell and Deborah Perry. Moved to Chautauque Co., New York, ca. 1826. Moved to Perry, Geauga Co., Ohio, ca. 1831. Served as deputy sheriff, 1838, in Geauga...

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of our said
County

Located in northeastern Ohio, south of Lake Erie. Rivers in area include Grand, Chagrin, and Cuyahoga. Settled mostly by New Englanders, beginning 1798. Formed from Trumbull Co., 1 Mar. 1806. Chardon established as county seat, 1808. Population in 1830 about...

More Info
endorsed as follows to wit:—
“The State of Ohio
Geauga County

Located in northeastern Ohio, south of Lake Erie. Rivers in area include Grand, Chagrin, and Cuyahoga. Settled mostly by New Englanders, beginning 1798. Formed from Trumbull Co., 1 Mar. 1806. Chardon established as county seat, 1808. Population in 1830 about...

More Info
ss: I have obtained the acceptance of
S. Rigdon

19 Feb. 1793–14 July 1876. Tanner, farmer, minister. Born at St. Clair, Allegheny Co., Pennsylvania. Son of William Rigdon and Nancy Gallaher. Joined United Baptists, ca. 1818. Preached at Warren, Trumbull Co., Ohio, and vicinity, 1819–1821. Married Phebe...

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& J. McWithy as appears upon the back of this writ and handed each of the other defts a true copy of this writ except Samuel Parker,
W. Smith

1794–30 Oct. 1838. Blacksmith. Son of Chileab Smith and Nancy. Born in Massachusetts. Married Amanda Barnes, 9 July 1826, at Black River (later in Lorain), Lorain Co., Ohio. Baptized into Church of Jesus Christ of Latter-day Saints, 1831. Moved to Kirtland...

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,
Hiram Clark

22 Sept. 1795–28 Dec. 1853 Born in Rutland Co., Vermont. Son of Lyman Clark and Parmela. Married first Mary Fenno. Moved to Antwerp, Jefferson Co., New York, by 1820. Baptized into Church of Jesus Christ of Latter-day Saints, ca. 1835. Married second Thankful...

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and
Andrew Allen

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which were not found in my
bailiwick

The county or other district over which an arresting officer has jurisdiction.

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.
A[bel] Kimball

20 Dec. 1800–24 July 1880. Farmer. Born in Rindge, Cheshire Co., New Hampshire. Son of Lemuel Kimball and Polly Cutler. Moved to Unionville, Madison Township, Geauga Co., Ohio, 27 Aug. 1812. Moved to Madison, Madison Township, Aug. 1813. Married Philena Hastings...

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2d. Shff.
A[bner] P. Axtell

14 Oct. 1813–31 Oct. 1882. Farmer, sheriff. Born in Wilmington, Windham Co., Vermont. Son of Silas Axtell and Deborah Perry. Moved to Chautauque Co., New York, ca. 1826. Moved to Perry, Geauga Co., Ohio, ca. 1831. Served as deputy sheriff, 1838, in Geauga...

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Dep.”
The acceptance of service referred to in the foregoing return of the
Sheriff

14 Oct. 1813–31 Oct. 1882. Farmer, sheriff. Born in Wilmington, Windham Co., Vermont. Son of Silas Axtell and Deborah Perry. Moved to Chautauque Co., New York, ca. 1826. Moved to Perry, Geauga Co., Ohio, ca. 1831. Served as deputy sheriff, 1838, in Geauga...

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appears on the back of said writ, in the words and figures following to wit:—
“We accept service of this writ by copy.
Sidney Rigdon

19 Feb. 1793–14 July 1876. Tanner, farmer, minister. Born at St. Clair, Allegheny Co., Pennsylvania. Son of William Rigdon and Nancy Gallaher. Joined United Baptists, ca. 1818. Preached at Warren, Trumbull Co., Ohio, and vicinity, 1819–1821. Married Phebe...

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, Joel McWithy.” [p. 34]
View entire transcript

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Cite this page

Source Note

Document Transcript

Page 34

Document Information

Related Case Documents
Editorial Title
Transcript of Proceedings, circa 16 April 1839 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.]
ID #
4474
Total Pages
3
Print Volume Location
Handwriting on This Page
  • David D. Aiken

Footnotes

  1. [1]

    TEXT: “seal” enclosed in a hand-drawn representation of a seal.

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