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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.]

Bill in Chancery, circa 19 June 1843 [Russell v. JS et al.]

Source Note

P & R Hitchcock & Wilder on behalf of
Alpheus 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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,
Bill in Chancery

A written complaint submitted to a chancellor, court, or judge, including “the names of the parties to the suit, . . . a statement of the facts on which the complainant relies, allegations . . . that the acts complained of are contrary to equity, and a prayer...

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, Lake Co., OH, [ca. 19 June 1843], Russell v. JS et al. (Lake Co., OH, Court of Common Pleas 1844). Copied [ca. 18 Mar. 1844] in Transcript of Proceedings, Lake County Court of Common Pleas, Chancery Record, vol. B, pp. 105–107; 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. Bill in Chancery, circa 19 June 1843 [ Russell v. JS et al. ] Transcript of Proceedings, circa 18 March 1844 [ Russell v. JS et al. ]

Page 106

fourteen (14) in tract No two and is bounded as follows to wit, beginning at the South west corner of land then owned & occupied by
Ebenezer 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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, thence East on said
Jenning

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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s line to lands owned by Mr Hyde— thence South on said Hydes line to Lot No thirteen— thence East & South by said Hyde to the public highway— thence South westerly & westerly along said Highway to the meeting House Lot— thence Northerly to the line of Lot No 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...

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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 & four hundredths of an acre, that Joseph Smith Jr
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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then 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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but now 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....

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Illinois and
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...

More Info
applied 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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to sell the same to them upon credit and the purchase money thereof to be secured by a mortgage upon said premises, that 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 the day and year aforesaid sold and conveyed the same to said Smith
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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&
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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and thereupon on the day and year aforesaid they the said Smith
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.,...

View Full Bio
&
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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for the purchase price thereof made and delivered 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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their six joint & several notes of that date as follows to wit five for one thousand each payable in AD 1837. AD 1838. AD 1839 AD 1840 & AD 1841 and one note for six thousand nine Hundred & four Dollars payable in AD 1842 all on annual interest & said notes each becoming due on the first day of June in each year and the said Smith
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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&
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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thereupon on the same day with their respective wives to wit,
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,
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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&
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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conveyed 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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the aforesaid lands as above described and with the further description as being the same lands that day as aforesaid conveyed by 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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to said Joseph,
Raynolds

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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and
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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by their deed of that date duly executed & delivered in fee simple, but subject nevertheless to a condition of
defeasance

A provision or failure of a condition in a deed that defeats or invalidates the deed. A separate instrument may also have the same effect, but very specific words must be used to invalidate a deed or an estate created thereby.

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on the payment of the aforesaid notes as they respectively became due, as by a copy of said mortgage hereto attached marked “A” and made part of this Bill and by the Record thereof by 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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caused to be made on the thirteenth day of October AD 1836 in the Geauga County Records of Deeds Book V pages 367 & 368 & by said original mortgage now ready in Court to be shewn will fully appear, 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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further represents that no part of said notes or of either of them was at the times respectively limited in that behalf by means whereof the legal Estate in said premises became vested in 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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redeemable nevertheless in equity on the payment of the amount due and to become due on said notes and mortgage, that said notes being due and unpaid 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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has repeatedly applied to them and requested them to pay the same which they have hitherto wholly neglected and refused. 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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further represents that one
William Marks

15 Nov. 1792–22 May 1872. Farmer, printer, publisher, postmaster. Born at Rutland, Rutland Co., Vermont. Son of Cornell (Cornwall) Marks and Sarah Goodrich. Married first Rosannah R. Robinson, 2 May 1813. Lived at Portage, Allegany Co., New York, where he...

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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....

More Info
claims as 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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is informed & believes some interest in said premises derived from said mortgages <​mortgagors​> or some one of them. since said mortgage was as aforesaid duly executed & Recorded. Your
Orators

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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further represent that the follow [p. 106]
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Source Note

Document Transcript

Page 106

Document Information

Related Case Documents

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

Editorial Title
Bill in Chancery, circa 19 June 1843 [Russell v. JS et al.]
ID #
6123
Total Pages
3
Print Volume Location
Handwriting on This Page
  • Charles D. Adams

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