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Introduction to Boynton and Hyde v. JS Summons, 26 October 1837 [Boynton and Hyde v. JS] Declaration, circa 30 November 1837 [Boynton and Hyde v. JS] Docket Entry, Verdict, 3 April 1838 [Boynton and Hyde v. JS] Docket Entry, Costs, circa 3 April 1838 [Boynton and Hyde v. JS] Transcript of Proceedings, circa 3 April 1838 [Boynton and Hyde v. JS]

Transcript of Proceedings, circa 3 April 1838 [Boynton and Hyde v. JS]

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. ...

More Info
, Geauga Co., OH, ca. 3 Apr. 1838, Boynton and Hyde v. JS (Geauga Co., OH, Court of Common Pleas 1838); Geauga County Court of Common Pleas, Common Pleas Record, vol. U, pp. 512–513; handwriting of Charles H. Foot; 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...

View Full Bio
; Geauga County Archives and Records Center, Chardon, OH. Transcription from a digital color image made of the original in 2011.

Historical Introduction

See Introduction to Boynton and Hyde v. JS.
Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. Summons, 26 October 1837 [ Boynton and Hyde v. JS ] Declaration, circa 30 November 1837 [ Boynton and Hyde v. JS ]
Transcript of Proceedings, circa 3 April 1838 [ Boynton and Hyde v. JS ]

Page 512

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 on the third day of April in the year of our Lord one thousand eight hundred and thirty eight.
Be it remembered, that heretofore to wit, at the October Term of said Court in the year of our Lord one thousand eight hundred and thirty seven,
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...

View Full Bio
&
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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by G[eorge] W. Lynde their Attorney sued out of the office of the Clerk of said Court a writ of summons against Joseph Smith Junior, 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 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 Joseph Smith Junior 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
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...

View Full Bio
and
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 ...

View Full Bio
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.”

View Glossary
, to their damage one thousand & two hundred dollars as is said. Herein fail not but of this writ and your service make due return. Witness
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 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. ...

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this 26th day of October A.D. 1837. C[harles] H. Foot Dep. Clerk.”
Upon which writ was the following endorsment to wit:—
“Suit brot on a joint & several note of hand dated April 13. 1837, given by
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.
Hiram [Hyrum] Smith

9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; back to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co...

View Full Bio
,
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...

View Full Bio
and
John Johnson

11 Apr. 1778–30 July 1843. Farmer, innkeeper. Born at Chesterfield, Cheshire Co., New Hampshire. Son of Israel Johnson and Abigail Higgins. Married Alice (Elsa) Jacobs, 22 June 1800. Moved to Pomfret, Windsor Co., Vermont, ca. 1803. Settled at Hiram, Portage...

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, to
John W. Howden

Ca. 1812–11 Sept. 1853. Farmer, merchant, county clerk, American consul. Born in Vermont. Son of John Howden and Mary Smith. Moved to Geauga Co., Ohio, by Oct. 1836, and opened a dry goods store. Served as Geauga Co. clerk, 1840–1846. Married Elizabeth M....

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or order payable at the Commercial Bank of Lake Erie at
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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with interest five months from date and by the said
John W. Howden

Ca. 1812–11 Sept. 1853. Farmer, merchant, county clerk, American consul. Born in Vermont. Son of John Howden and Mary Smith. Moved to Geauga Co., Ohio, by Oct. 1836, and opened a dry goods store. Served as Geauga Co. clerk, 1840–1846. Married Elizabeth M....

View Full Bio
endorsed to the pl[ainti]ffs. Also for goods sold and delivered money had & received &c. Amount appearing due $851.73, damages $1200— Oct. 28. 1838 1837.” The foregoing writ was forthwith returned into Court by the sheriff 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...

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ss. [scilicet] I have executed the command of this writ by leaving a true copy of the same with the
wife

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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of J. Smith Jr. he being absent.
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. Shff.” And thereupon it was ordered by the Court that this cause be continued until the next term of said court. Afterwards to wit, on the thirtieth day of November in the year last aforesaid the plaintiffs by their said Attorney filed in the Clerks office aforesaid, their declaration in the words & figures following to wit:—
“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. [scilicet])
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...

View Full Bio
&)
Action 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.”

View Glossary
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 ...

View Full Bio
)
vs)
Joseph Smith Junr.)
Court of Common Pleas,
Vacation

“Period of time between the end of one term [of court] and beginning of another.”

View Glossary
after October Term A.D. 1837— The said
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...

View Full Bio
&
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 ...

View Full Bio
plaintiffs in this suit by George W. Lynde their Attorney complain of Joseph Smith Junior defendant in this suit in Court of a plea of assumpsit, For that whereas heretofore the said defendant and
Sydney 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...

View Full Bio
,
Hyram Smith

9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; back to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co...

View Full Bio
,
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...

View Full Bio
and
John Johnson

11 Apr. 1778–30 July 1843. Farmer, innkeeper. Born at Chesterfield, Cheshire Co., New Hampshire. Son of Israel Johnson and Abigail Higgins. Married Alice (Elsa) Jacobs, 22 June 1800. Moved to Pomfret, Windsor Co., Vermont, ca. 1803. Settled at Hiram, Portage...

View Full Bio
on the thirteenth day of April AD 1837 at
Painesville

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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in said County of Geauga and State aforesaid made their certain promissory note in writing and delivered the same to one
John H. [W.] Howden

Ca. 1812–11 Sept. 1853. Farmer, merchant, county clerk, American consul. Born in Vermont. Son of John Howden and Mary Smith. Moved to Geauga Co., Ohio, by Oct. 1836, and opened a dry goods store. Served as Geauga Co. clerk, 1840–1846. Married Elizabeth M....

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and thereby the said defendant and
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...

View Full Bio
,
Hyram Smith

9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; back to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co...

View Full Bio
,
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...

View Full Bio
and
John Johnson

11 Apr. 1778–30 July 1843. Farmer, innkeeper. Born at Chesterfield, Cheshire Co., New Hampshire. Son of Israel Johnson and Abigail Higgins. Married Alice (Elsa) Jacobs, 22 June 1800. Moved to Pomfret, Windsor Co., Vermont, ca. 1803. Settled at Hiram, Portage...

View Full Bio
promised to pay the said
John H. Howden

Ca. 1812–11 Sept. 1853. Farmer, merchant, county clerk, American consul. Born in Vermont. Son of John Howden and Mary Smith. Moved to Geauga Co., Ohio, by Oct. 1836, and opened a dry goods store. Served as Geauga Co. clerk, 1840–1846. Married Elizabeth M....

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in the following manner, five months after date we or either of us promise to pay
John H. Howden

Ca. 1812–11 Sept. 1853. Farmer, merchant, county clerk, American consul. Born in Vermont. Son of John Howden and Mary Smith. Moved to Geauga Co., Ohio, by Oct. 1836, and opened a dry goods store. Served as Geauga Co. clerk, 1840–1846. Married Elizabeth M....

View Full Bio
2

This is actually John W. Howden.


or order eight hundred & twenty five dollars at the Commercial Bank of Lake Erie at
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...

More Info
with interest from date value received (meaning for value received) which period has now elapsed and the said
John H. Howden

Ca. 1812–11 Sept. 1853. Farmer, merchant, county clerk, American consul. Born in Vermont. Son of John Howden and Mary Smith. Moved to Geauga Co., Ohio, by Oct. 1836, and opened a dry goods store. Served as Geauga Co. clerk, 1840–1846. Married Elizabeth M....

View Full Bio
then and there endorsed the said note and delivered the same to the said plaintiffs, Whereof the said defendant then and there had notice, and then and there in consideration of the premises promised to pay the amount of the said note and the interest on the same to the said plaintiffs according to the tenor and effect thereof— Yet the said defendant (although often requested so to do) has not paid the said sum of money to the said plaintiffs, neither have the said
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...

View Full Bio
,
Hyram Smith

9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; back to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co...

View Full Bio
,
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...

View Full Bio
and
John Johnson

11 Apr. 1778–30 July 1843. Farmer, innkeeper. Born at Chesterfield, Cheshire Co., New Hampshire. Son of Israel Johnson and Abigail Higgins. Married Alice (Elsa) Jacobs, 22 June 1800. Moved to Pomfret, Windsor Co., Vermont, ca. 1803. Settled at Hiram, Portage...

View Full Bio
nor any or either of them have paid the said sum of money mentioned in said note or any part thereof
3

TEXT: Possibly “there of”.


to said plaintiffs, but the said defendant and the said
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...

View Full Bio
,
Hyam Smith

9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; back to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co...

View Full Bio
,
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...

View Full Bio
, <​and​>
John Johnson

11 Apr. 1778–30 July 1843. Farmer, innkeeper. Born at Chesterfield, Cheshire Co., New Hampshire. Son of Israel Johnson and Abigail Higgins. Married Alice (Elsa) Jacobs, 22 June 1800. Moved to Pomfret, Windsor Co., Vermont, ca. 1803. Settled at Hiram, Portage...

View Full Bio
have hitherto wholly neglected and refused so to do: And also for that whereas the said defendant heretofore to wit, on the first day of September AD 1837 at
Painesville

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...

More Info
in said County of Geauga and State of Ohio was [p. 512]
View entire transcript

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Cite this page

Source Note

Document Transcript

Page 512

Document Information

Related Case Documents
Editorial Title
Transcript of Proceedings, circa 3 April 1838 [Boynton and Hyde v. JS]
ID #
4530
Total Pages
2
Print Volume Location
Handwriting on This Page
  • Charles H. Foot

Footnotes

  1. [1]

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

  2. [2]

    This is actually John W. Howden.

  3. [3]

    TEXT: Possibly “there of”.

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