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Docket Entry, Judgment, 3 April 1838 [Boynton and Hyde v. H. Smith] Docket Entry, Costs, circa 3 April 1838 [Boynton and Hyde v. H. Smith] Transcript of Proceedings, circa 3 April 1838 [Boynton and Hyde v. H. Smith] Docket Entry, Judgment, 3 April 1838 [Boynton and Hyde v. Rigdon] Docket Entry, Costs, circa 3 April 1838 [Boynton and Hyde v. Rigdon] Transcript of Proceedings, circa 3 April 1838 [Boynton and Hyde v. Rigdon]

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

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. 3 Apr. 1838, Boynton and Hyde v. Rigdon (Geauga Co., OH, Court of Common Pleas 1838); Geauga County Court of Common Pleas, Common Pleas Record, vol. U, pp. 518–519; unidentified handwriting; 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 Boynton and Hyde v. JS.

Page 518

Pleas before the Court of Common Pleas within and for the County of
Geaug[a]

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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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 Boyington [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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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 ...

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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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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 “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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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. ...

More Info
to answer
Ray Boyington [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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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 ...

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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 twelve hundred dollars. as is said Herein, fail not, but of this writ and your services make due return Witness
D[avid] D. Akin

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 and several note of hand 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 Junior,
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...

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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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, 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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as order for $825 payable at the Commercial Bank of Lake Erie at
Cleaveland

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....

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endorsed to the pl[ainti]ffs— also for goods Sold and delivered, money had and received &c. Amount appearing due $851.75 damages $1200— Oct 26th 1837”
The foregoing writ was forthwith returned to Const endorsed as following 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 I have exicuted the command of this writ by leaving a true Copy of the same with the Wife 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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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. [Deputy Sheriff]”
And thereupon it was ordered by the Court that this cause be continued untill the next term of said Court afterwards to wit on the twenty fifth day of November in the year last afore-said the said plantiffs filed in 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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s Office afore said their decleration in the words and figures following to wit
“State of Ohio) ss. [scilicet])
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
)
Ray Boyington [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
)
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
)
vs.)
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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)
Court of Common Pleas
Vacation

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

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after October Term A. D. 1837
The said
Ray Boyington [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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Plaintiffs in this suit by George W Lynde their Attourney Complain of
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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Defendant in this suit in a plea of assumpsit.— For that Whereas heretofore the said
Defendant

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 Joseph Smith Junior,
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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on the thirteenth day of April A. D. 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

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
and
State

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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aforesaid made their Certain promissory note in writing and delivered the same to one
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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and thereby the said
Defendant

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 Joseph Smith Junior,
Hiram 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....

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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...

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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....

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than and there endorsed the said note and delivered the same to the said Planitiffs Whereof the said
Defendant

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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than then and there had notice, and than 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

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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(although often requested so to do) has not paid the Said sum of money to the said Plaintiffs neither have the said Joseph Smith Junior [p. 518]
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Source Note

Document Transcript

Page 518

Document Information

Related Case Documents

Documents Related to Boynton and Hyde v. JS

Editorial Title
Transcript of Proceedings, circa 3 April 1838 [Boynton and Hyde v. Rigdon]
ID #
4531
Total Pages
2
Print Volume Location
Handwriting on This Page
  • Unidentified

Footnotes

  1. [1]

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

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