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Introduction to Russell v. JS et al. Bill in Chancery, circa 19 June 1843 [Russell v. JS et al.] Subpoena, 20 June 1843–A [Russell v. JS et al.] Subpoena, 20 June 1843–B [Russell v. JS et al.] Subpoena, 20 June 1843–C [Russell v. JS et al.] Notice, 14 July 1843 [Russell v. JS et al.] Docket Entry, Decree, 18 March 1844 [Russell v. JS et al.] Transcript of Proceedings, circa 18 March 1844 [Russell v. JS et al.] Docket Entry, Costs, circa 18 March 1844 [Russell v. JS et al.] Docket Entry, Cost Bill, circa 18 March 1844 [Russell v. JS et al.] Order of Sale, 23 April 1844 [Russell v. JS et al.] Notice, 1 May 1844 [Russell v. JS et al.] Docket Entry, Order of Sale and Return, circa June 1844 [Russell v. JS et al.] Docket Entry, Motion, 5 June 1846 [Russell v. JS et al.] Deed, 10 July 1846 [Russell v. JS et al.]

Transcript of Proceedings, circa 18 March 1844 [Russell v. JS et al.]

Source Note

Transcript of Proceedings,
Painesville Township

Located on Grand River twelve miles northeast of Kirtland. Created and settled, 1800. Originally named Champion. Flourished economically from harbor on Lake Erie and as major route of overland travel for western emigration. Included Painesville village; laid...

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, Lake Co., OH, ca. 18 Mar. 1844, Russell v. JS et al. (Lake Co., OH, Court of Common Pleas 1844); Lake County Court of Common Pleas,
Chancery

The court of chancery, also known as equity, emerged in fourteenth-century England as an alternative to the common law courts, which over preceding centuries had developed complicated and strict rules of procedure, governed by precedent. Partial compliance...

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Record, vol. B, pp. 105–111; handwriting of
Charles D. Adams

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; Lake County Courthouse, Painesville, OH; microfilm at FHL.

Historical Introduction

See Introduction to Russell v. JS et al.
Asterisk (*) denotes a "featured" version, which includes an introduction and annotation.
Transcript of Proceedings, circa 18 March 1844 [Russell v. JS et al.]
Subpoena, 20 June 1843–B [ Russell v. JS et al. ] Subpoena, 20 June 1843–C [ Russell v. JS et al. ] Bill in Chancery, circa 19 June 1843 [ Russell v. JS et al. ] Mortgage to Alpheus Russell, 10 October 1836 Subpoena, 20 June 1843–A [ Russell v. JS et al. ] Transcript of Proceedings, circa 18 March 1844 [ Russell v. JS et al. ]

Page 107

ing persons claim to have recovered judgments against one or more of said mortgagors since said mortgage was executed & recorded which said judgments they claim are liens upon said premises subject to your
Orator

7 Apr. 1795–21 Oct. 1861. Farmer, teacher, justice of the peace. Born in Middlefield, Hampshire Co., Massachusetts. Son of Alpheus Russell and Rebekah Clark. Married Elizabeth Conant, 28 May 1818, in Becket, Berkshire Co., Massachusetts. Congregationalist...

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s said Mortgage to wit.
Ray Boynton

13 Dec. 1804–ca. 1854. Merchant. Born in Shelburne, Chittenden Co., Vermont. Son of Jeddediah Boynton. Moved to Hinesburg, Chittenden Co., by 1820. Moved to New York City, by 1831. Married Anna Brookes, 4 June 1833, in New York City. Operated dry goods store...

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—
Harry Hyde

ca. 1815–after Sept. 1856. Merchant. Born in Rensselaerville, Albany Co., New York. Son of Isaac Hyde and Lydia Foster. Moved to Brooklyn, Kings Co., New York, by 1832. Partnered with Ray Boynton, 1830s, to operate dry goods store, Boynton & Hyde, in New ...

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of the City of
New York

Dutch founded New Netherland colony, 1625. Incorporated under British control and renamed New York, 1664. Harbor contributed to economic and population growth of city; became largest city in American colonies. British troops defeated Continental Army under...

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in the State of
New York

Located in northeast region of U.S. Area settled by Dutch traders, 1620s; later governed by Britain, 1664–1776. Admitted to U.S. as state, 1788. Population in 1810 about 1,000,000; in 1820 about 1,400,000; in 1830 about 1,900,000; and in 1840 about 2,400,...

More Info
.
Winthrop Eaton

7 Aug. 1808–8 Dec. 1842. Merchant. Born in Framingham, Middlesex Co., Massachusetts. Son of Levi Eaton and Susan. Moved to New York City, by 1830. Married Maria Antoinette Valentine, 31 Jan. 1833, in New York City. Summoned, along with JS and others, in connection...

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Hezekiah Kelley

18 June 1804–19 July 1882. Merchant, land investor, miner. Born in Connecticut. Moved to New York City, by 1830. Married Phebe, before 1831. Invested in and sold land in Erie Co., New York, early 1830s. Sued Rigdon, Smith & Cowdery to collect on unpaid promissory...

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.
George A H Patterson

ca. 1810–23 Sept. 1843. Hardware and crockery merchant. Likely born in New York. Son of Robert Patterson and Rebecca. Lived in Hudson, Columbia Co., New York. Moved to Buffalo, Erie Co., New York, by 1832. Operated hardware and crockery businesses, beginning...

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.
John Patterson

ca. 1812–1 Jan. 1852. Hardware and crockery merchant. Likely born in New York. Son of Robert Patterson and Rebecca. Moved to Buffalo, Erie Co., New York, by 1832. Operated hardware and crockery businesses, beginning 1832, in Buffalo. Involved in case of G...

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.
Jonathan Leavitt

1797/1798–in/after 1851. Publisher/bookseller. Son of Simeon Leavitt and Betty Tuck. Married first Joan Ayer, 1820, in Essex Co., Massachusetts. Wife died, 7 or 11 Nov. 1824. Married second Louisa Adams, 7 Dec. 1825, in Andover, Essex Co. Moved to New York...

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,
Charles A Lord

11 May 1806–7 Aug. 1878. Teacher, merchant, bookseller, editor. Born in Kennebunkport, York Co., District of Maine. Son of Nathaniel Lord and Phebe Walker. Graduated from college, 1826. Married Ernestine Libby, 1831, in Kennebunkport. Moved to New York City...

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.
William Robinson

?–? Operated a book and publishing supplies store in New York City with Jonathan Leavitt, 1833–1839, and with Charles Austin Lord, 1834–1837. Assigned Charles Austin Lord to purchase 578 acres of land in Marion Co., Missouri, 1 Apr. 1839. Summoned, along ...

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,
Wright T. [F.] Conger

7 July 1812–10 Apr. 1880. Dry goods merchant. Born in New York City. Married Julia M. Comstock, 30 June 1841, in New York City. Summoned, along with JS and others, in connection with debt-collection charges by Alpheus C. Russell. Moved to New Jersey, 1860...

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of said City of
New York

Dutch founded New Netherland colony, 1625. Incorporated under British control and renamed New York, 1664. Harbor contributed to economic and population growth of city; became largest city in American colonies. British troops defeated Continental Army under...

More Info
.
John A Newbould

Ca. 1810–31 May 1871. Merchant. Born in New York City. Married Susanna Wilson, 1 Nov. 1836, in Buffalo, Erie Co., New York. Plaintiff in case of Newbould v. Rigdon, Smith & Cowdery, 1837, in Geauga Co., Ohio. Moved to Brooklyn, Kings Co., New York, by 1840...

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of
Buffalo

Located in western New York on eastern shore of Lake Erie at head of Niagara River and mouth of Buffalo Creek. County seat. Settled by 1801. Land for town allocated, 1810. Incorporated as village, 1813, but mostly destroyed later that year during War of 1812...

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, New York 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 & Samuel Hufty of
Philadelphia

Port city founded as Quaker settlement by William Penn, 1681. Site of signing of Declaration of Independence and drafting of U.S. Constitution. Nation’s capital city, 1790–1800. Population in 1830 about 170,000; in 1840 about 260,000; and in 1850 about 410...

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in the State of
Pennsylvania

Area first settled by Swedish immigrants, 1628. William Penn received grant for territory from King Charles II, 1681, and established British settlement, 1682. Philadelphia was center of government for original thirteen U.S. colonies from time of Revolutionary...

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.
Samuel D Rounds

ca. 1807–after 1887. Builder, brick mason, farmer. Born in Massachusetts. Son of John J. Rounds and Hannah. Married Amy Hatfield. Moved to New York, by 1830; and to Ohio, by 1834. Initiated legal actions against JS, Sidney Rigdon, and others involved in Kirtland...

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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...

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Jonathan F Scribner

2 Apr. 1810–by 1880. Farmer, merchant. Born in Andover, Merrimack Co., New Hampshire. Son of Benjamin Scribner and Mary Ann White. Moved to Buffalo, Erie Co., New York, by 1836. Married Mary Sheldon, 28 Jan. 1836, in New York. Moved to Sheldon, Franklin Co...

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of the State of
Vermont

Area served as early thoroughfare for traveling Indian tribes. French explored area, 1609, and erected fort on island in Lake Champlain, 1666. First settled by Massachusetts emigrants, 1724. Claimed by British colonies of New York and New Hampshire, but during...

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—
Timothy D Martindale

20 Feb. 1795–23 Oct. 1859. Farmer. Born in Greenfield, Franklin Co., Massachusetts. Son of Uriah Martindale and Chloe. Moved to Kirtland, Geauga Co., Ohio, by 1827. Married Harriet Gunn, 16 Apr. 1828, in Montague, Franklin Co., Massachusetts. Member of committee...

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of
Mentor

Located in northeastern Ohio, about three miles northeast of Kirtland. Area claimed by Connecticut (referred to as Western Reserve), 1786. Surveyed 1796. Settled by early 1798. Organized 1815. Population in 1830 about 700. Included village of Mentor. Sidney...

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in said County of Lake—
Christopher Quinn Jr.

22 Oct. 1812–21 Nov. 1889. Farmer, merchant, county clerk, furnace manufacturer. Born in Clare, County Down, Ireland. Son of Christopher Quinn and Martha. Immigrated to U.S., 1832. Moved to Cleveland; to Euclid, Cuyahoga Co., Ohio; to Willoughby, Cuyahoga...

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& said
Jacob Bump

1791–by 10 Oct. 1865. Brickmason, plasterer, carpenter, mechanic, farmer, craftsman. Born at Butternuts, Otsego Co., New York. Son of Asa Bump and Lydia Dandley. Married Abigail Pettingill, ca. 1811. Moved to Meadville, Crawford Co., Pennsylvania, by 1826...

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of said
Kirtland

Located ten miles south of Lake Erie. Settled by 1811. Organized by 1818. Latter-day Saint missionaries visited township, early Nov. 1830; many residents joined Church of Jesus Christ of Latter-day Saints. Population in 1830 about 55 Latter-day Saints and...

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— The Cuyahoga Steam Furnace Company.
Richard Hilliard

1799–21 Dec. 1856. Clerk, school teacher, merchant. Born in Chatham, Columbia Co., New York. Son of David Hilliard. Moved to Albany, Albany Co., New York, by 1811. Moved to Skaneateles, Onondaga Co., New York, ca. 1811. Moved to Black Rock, Buffalo Co., New...

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of
Cleveland

Cuyahoga Co. seat of justice, 1833. Situated on south shore of Lake Erie, just east of mouth of Cuyahoga River. First settled, 1797. Incorporated as village, 1815; incorporated as city, 1836. Became center of business and trade at opening of Ohio and Erie...

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in the County of Cuyahoga and
William Branch

9 Aug. 1820–19 Sept. 1889. Mason, plasterer, farmer, sawyer. Born in Griswold, New London Co., Connecticut. Son of Elisha Branch and Mary Herrick. Moved to Lisbon, New London Co., by 1830. Moved to Willimantic, Windham Co., Connecticut, by 1844. Married first...

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of Madison in said County, and said
Jacob Bump

1791–by 10 Oct. 1865. Brickmason, plasterer, carpenter, mechanic, farmer, craftsman. Born at Butternuts, Otsego Co., New York. Son of Asa Bump and Lydia Dandley. Married Abigail Pettingill, ca. 1811. Moved to Meadville, Crawford Co., Pennsylvania, by 1826...

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as Administrator of Claudius Stannard Jr & that said judgment in favor of said Underwood
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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, Spencer & Hufty has been assigned to one
Almon Babbit[t]

Oct. 1812–Sept. 1856. Postmaster, editor, attorney. Born at Cheshire, Berkshire Co., Massachusetts. Son of Ira Babbitt and Nancy Crosier. Baptized into Church of Jesus Christ of Latter-day Saints, ca. 1830. Located in Amherst, Lorain Co., Ohio, July 1831....

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of said
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....

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— your
Orator

7 Apr. 1795–21 Oct. 1861. Farmer, teacher, justice of the peace. Born in Middlefield, Hampshire Co., Massachusetts. Son of Alpheus Russell and Rebekah Clark. Married Elizabeth Conant, 28 May 1818, in Becket, Berkshire Co., Massachusetts. Congregationalist...

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therefore prays that all the above named persons be made Defendants to this Bill— that the writ of Subpoena may be issued against them, that they may each answer the premises— that an account may be taken of what is due your
Orator

7 Apr. 1795–21 Oct. 1861. Farmer, teacher, justice of the peace. Born in Middlefield, Hampshire Co., Massachusetts. Son of Alpheus Russell and Rebekah Clark. Married Elizabeth Conant, 28 May 1818, in Becket, Berkshire Co., Massachusetts. Congregationalist...

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on said notes & mortgage & that on the final hearing of this cause said mortgaged premises may by a decree of this Court be ordered to be sold and the proceeds thereof be applied in satisfaction of the amount found due your
Orator

7 Apr. 1795–21 Oct. 1861. Farmer, teacher, justice of the peace. Born in Middlefield, Hampshire Co., Massachusetts. Son of Alpheus Russell and Rebekah Clark. Married Elizabeth Conant, 28 May 1818, in Becket, Berkshire Co., Massachusetts. Congregationalist...

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as aforesaid and for such other & further relief in the premises as equity and good conscience may require, and your
Orator

7 Apr. 1795–21 Oct. 1861. Farmer, teacher, justice of the peace. Born in Middlefield, Hampshire Co., Massachusetts. Son of Alpheus Russell and Rebekah Clark. Married Elizabeth Conant, 28 May 1818, in Becket, Berkshire Co., Massachusetts. Congregationalist...

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will every pray &c.
P & R Hitchcock & Wilder for
Complt.

7 Apr. 1795–21 Oct. 1861. Farmer, teacher, justice of the peace. Born in Middlefield, Hampshire Co., Massachusetts. Son of Alpheus Russell and Rebekah Clark. Married Elizabeth Conant, 28 May 1818, in Becket, Berkshire Co., Massachusetts. Congregationalist...

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Copy of Mortgage
To all people to whom these presents shall come. Greeting— Know ye, that we Joseph Smith Jr.
Jacob Bump

1791–by 10 Oct. 1865. Brickmason, plasterer, carpenter, mechanic, farmer, craftsman. Born at Butternuts, Otsego Co., New York. Son of Asa Bump and Lydia Dandley. Married Abigail Pettingill, ca. 1811. Moved to Meadville, Crawford Co., Pennsylvania, by 1826...

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&
Reynolds Cahoon

30 Apr. 1790–29 Apr. 1861. Farmer, tanner, builder. Born at Cambridge, Washington Co., New York. Son of William Cahoon Jr. and Mehitable Hodges. Married Thirza Stiles, 11 Dec. 1810. Moved to northeastern Ohio, 1811. Located at Harpersfield, Ashtabula Co.,...

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of
Kirtland

Located ten miles south of Lake Erie. Settled by 1811. Organized by 1818. Latter-day Saint missionaries visited township, early Nov. 1830; many residents joined Church of Jesus Christ of Latter-day Saints. Population in 1830 about 55 Latter-day Saints and...

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Geauga County & State of Ohio and
Emma Smith

10 July 1804–30 Apr. 1879. Scribe, editor, boardinghouse operator, clothier. Born at Willingborough Township (later in Harmony), Susquehanna Co., Pennsylvania. Daughter of Isaac Hale and Elizabeth Lewis. Member of Methodist church at Harmony (later in Oakland...

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wife of said Joseph Jr
Abigail [Pettingill] Bump

ca. 1795–ca. 1865. Born in Butternuts, Otsego Co., New York. Daughter of Josiah Pettingill and Lydia Hawkins. Married Jacob Bump. Moved to Silver Creek, Chautauque Co., New York, by 1834; and to Kirtland, Geauga Co., Ohio, by 1835.

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wife of said
Jacob

1791–by 10 Oct. 1865. Brickmason, plasterer, carpenter, mechanic, farmer, craftsman. Born at Butternuts, Otsego Co., New York. Son of Asa Bump and Lydia Dandley. Married Abigail Pettingill, ca. 1811. Moved to Meadville, Crawford Co., Pennsylvania, by 1826...

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and
Thirza [Stiles] Cahoon

18 Oct. 1789–21 Nov. 1866. Born in Lanesborough, New York. Daughter of Daniel Olds Stiles and Abigail Farrington. Moved to Newport, Herkimer Co., New York, by 1810. Married Reynolds Cahoon, 11 Dec. 1810. Moved to Harpersfield, Ashtabula Co., Ohio, 1811. Moved...

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wife of said
Reynolds

30 Apr. 1790–29 Apr. 1861. Farmer, tanner, builder. Born at Cambridge, Washington Co., New York. Son of William Cahoon Jr. and Mehitable Hodges. Married Thirza Stiles, 11 Dec. 1810. Moved to northeastern Ohio, 1811. Located at Harpersfield, Ashtabula Co.,...

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for the consideration of twelve thousand nine Hundred and four Dollars received to our full satisfaction of
Alpheus C Russell

7 Apr. 1795–21 Oct. 1861. Farmer, teacher, justice of the peace. Born in Middlefield, Hampshire Co., Massachusetts. Son of Alpheus Russell and Rebekah Clark. Married Elizabeth Conant, 28 May 1818, in Becket, Berkshire Co., Massachusetts. Congregationalist...

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of the
Township

Located ten miles south of Lake Erie. Settled by 1811. Organized by 1818. Latter-day Saint missionaries visited township, early Nov. 1830; many residents joined Church of Jesus Christ of Latter-day Saints. Population in 1830 about 55 Latter-day Saints and...

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County & State aforesaid do give grant bargain sell and confirm unto him the said
Alpheus C Russell

7 Apr. 1795–21 Oct. 1861. Farmer, teacher, justice of the peace. Born in Middlefield, Hampshire Co., Massachusetts. Son of Alpheus Russell and Rebekah Clark. Married Elizabeth Conant, 28 May 1818, in Becket, Berkshire Co., Massachusetts. Congregationalist...

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the following described tract or Lot of land situate in the Township of
Kirtland

Located ten miles south of Lake Erie. Settled by 1811. Organized by 1818. Latter-day Saint missionaries visited township, early Nov. 1830; many residents joined Church of Jesus Christ of Latter-day Saints. Population in 1830 about 55 Latter-day Saints and...

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being number nine in the ninth range of Townships in the
Connecticut Western Reserve

Also known as New Connecticut or Connecticut Reserve. Approximately three million acres in northeastern part of present-day Ohio. Claimed as part of Connecticut, 1786. Connecticut granted jurisdiction of reserve to U.S. government, 1800. Population in 1820...

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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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and which is also in 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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, and is known by Lot thirteen and parts of twelve and fourteen in tract number two, and is bounded as follows, beginning at the south west corner of land owned and occupied by
Ebenezer Jenning[s]

ca. Dec. 1793–20 Aug. 1868. Born in Vermont. Served in War of 1812. Married Electa Willard, by ca. 1819. Moved to Geauga Co., Ohio, by 1823; to Nauvoo, Hancock Co., Illinois, by May 1842; and to Genesee Co., Michigan. Died in Genesee Co.

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. thence East on said
Jennings

ca. Dec. 1793–20 Aug. 1868. Born in Vermont. Served in War of 1812. Married Electa Willard, by ca. 1819. Moved to Geauga Co., Ohio, by 1823; to Nauvoo, Hancock Co., Illinois, by May 1842; and to Genesee Co., Michigan. Died in Genesee Co.

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line to lands owned by— Heyde thence South on said Hydes line to Lot number thirteen, thence East & South by said Heyde to the public Highway thence South westerly and westerly along said Highway to the meeting House Lot, thence northerly to the line of lot thirteen, thence to the South west corner of said lot thirteen thence along the public Highway leading from
Kirtland

Located ten miles south of Lake Erie. Settled by 1811. Organized by 1818. Latter-day Saint missionaries visited township, early Nov. 1830; many residents joined Church of Jesus Christ of Latter-day Saints. Population in 1830 about 55 Latter-day Saints and...

More Info
to
Chester

Surveyed 1796 and 1801. Area settled, 1801–1802. Initially called Wooster. Name changed to Chester and officially incorporated as township, 1816. Population in 1830 about 550. Population in 1840 about 960. JS purchased land for store in Chester, 1836–1837...

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to the place of beginning containing one Hundred and thirty two acres [p. 107]
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Source Note

Document Transcript

Page 107

Document Information

Related Case Documents

Russell v. JS et al., Lake Co., OH, Court of Common Pleas, 18 March 1844

Editorial Title
Transcript of Proceedings, circa 18 March 1844 [Russell v. JS et al.]
ID #
4486
Total Pages
7
Print Volume Location
Handwriting on This Page
  • John Howden

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