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Introduction to Sweeney v. Miller et al. Promissory Note, 16 April 1841 [Sweeney v. Miller et al.] Praecipe, 7 April 1842 [Sweeney v. Miller et al.] Recognizance, 7 April 1842 [Sweeney v. Miller et al.] Declaration, circa 18 April 1842 [Sweeney v. Miller et al.] Declaration, circa 18 April 1842, Copy [Sweeney v. Miller et al.] Docket Entry, Judgment, 5 May 1842 [Sweeney v. Miller et al.] Scire Facias, 15 August 1842 [Sweeney v. Miller et al.] Docket Entry, Scire Facias, between 16 August and circa 27 September 1842 [Sweeney v. Miller et al.] Docket Entry, Pleas, 3 October 1842 [Sweeney v. Miller et al.] Docket Entry, Replication, 4 October 1842 [Sweeney v. Miller et al.] Docket Entry, Execution, 5 October 1842 [Sweeney v. Miller et al.] Docket Entry, circa 5 October 1842 [Sweeney v. Miller et al.] Docket Entry, Alias Fieri Facias, circa 23 April 1843 [Sweeney v. Miller et al.] Fee Bill, circa April 1843 [Sweeney v. Miller et al.] Praecipe, 15 January 1844 [Sweeney v. Miller et al.] Docket Entry, Pluries Fieri Facias, between 3 April and circa 4 May 1844 [Sweeney v. Miller et al.] Docket Entry, Fee Bill, between 17 April and 16 July 1845 [Sweeney v. Miller et al.] Assignment of Judgment, 14 August 1845 [Sweeney v. Miller et al.] Receipt, 12 November 1845 [Sweeney v. Miller et al.] Praecipe, 28 November 1845 [Sweeney v. Miller et al.] Docket Entry, Venditioni Exponas, between 16 December 1845 and circa 11 March 1846 [Sweeney v. Miller et al.] Assignment of Judgment, 4 April 1846 [Sweeney v. Miller et al.] Certificate, 4 May 1846 [Sweeney v. Miller et al.] Certificate, 4 May 1846, as Recorded in Old Certificates of Purchase, Levy, and Redemption [Sweeney v. Miller et al.] Fee Bill, circa May 1846 [Sweeney v. Miller et al.] Deed, 5 August 1847 [Sweeney v. Miller et al.]

Certificate, 4 May 1846 [Sweeney v. Miller et al.]

Source Note

Jacob B. Backenstos

8 Oct. 1811–25 Sept. 1857. Merchant, sheriff, soldier, politician, land speculator. Born at Lower Paxton, Dauphin Co., Pennsylvania. Son of Jacob Backenstos and Margaretha Theis. Member of Lutheran Reformed Church. Married Sarah Lavina Lee, niece of Robert...

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, Certificate,
Hancock Co.

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

More Info
, IL, 4 May 1846, Sweeney v. Miller et al. (Hancock Co., IL, Circuit Court 1842); printed form with manuscript additions in handwriting of
Jacob B. Backenstos

8 Oct. 1811–25 Sept. 1857. Merchant, sheriff, soldier, politician, land speculator. Born at Lower Paxton, Dauphin Co., Pennsylvania. Son of Jacob Backenstos and Margaretha Theis. Member of Lutheran Reformed Church. Married Sarah Lavina Lee, niece of Robert...

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; docket by
Jacob B. Backenstos

8 Oct. 1811–25 Sept. 1857. Merchant, sheriff, soldier, politician, land speculator. Born at Lower Paxton, Dauphin Co., Pennsylvania. Son of Jacob Backenstos and Margaretha Theis. Member of Lutheran Reformed Church. Married Sarah Lavina Lee, niece of Robert...

View Full Bio
, [
Hancock Co.

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

More Info
, IL, 4 May 1846]; notation by unidentified scribe, [ca. 4 May 1846]; notation by
A. W. Blakesley

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, [
Carthage

Located eighteen miles southeast of Nauvoo. Settled 1831. Designated Hancock Co. seat, Mar. 1833. Incorporated as town, 27 Feb. 1837. Population in 1839 about 300. Population in 1844 about 400. Site of acute opposition to Latter-day Saints, early 1840s. Site...

More Info
, Hancock Co., IL], 9 May 1846; notation presumably by Melgar Couchman,
Hancock Co.

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

More Info
, IL, 5 Aug. 1847; two pages; microfilm at FHL. Includes seal.

Historical Introduction

See Introduction to Sweeney v. Miller et al.
Asterisk (*) denotes a "featured" version, which includes an introduction and annotation.
Certificate, 4 May 1846 [ Sweeney v. Miller et al. ]
Certificate, 4 May 1846, as Recorded in Old Certificates of Purchase, Levy, and Redemption [ Sweeney v. Miller et al. ]

Page [1]

STATE OF ILLINOIS,) ss. [scilicet]
Hancock County

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

More Info
,)
WHEREAS, by virtue of a
Venditioni Exponas

A writ of execution commanding a sheriff “to sell goods or chattels, and, in some states, lands, which he has taken in execution by virtue of a fieri facias, and which remains unsold.”

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Execution

“The act of carrying into effect the final judgment of a court, or other jurisdiction. The writ which authorises the officer so to carry into effect such judgment is also called an execution. . . . Executions are either to recover specific things, or money...

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to me directed, from the Circuit Court of
Hancock County

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

More Info
, bearing date the Eleventh day of December one thousand eight hundred and forty-five in favor of Hugh J. Sweeney and against Joseph Smith,
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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,
Peter Haws

17 Feb. 1796–1862. Farmer, miller, businessman. Born in Leeds Co., Johnstown District (later in Ontario), Upper Canada. Son of Edward Haws and Polly. Married Charlotte Harrington. Baptized into Church of Jesus Christ of Latter-day Saints. Moved to Kirtland...

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&
George Miller

25 Nov. 1794–after July 1856. Carpenter, mill operator, lumber dealer, steamboat owner. Born near Stanardsville, Orange Co., Virginia. Son of John Miller and Margaret Pfeiffer. Moved to Augusta Co., Virginia, 1798; to Madison Co., Kentucky, 1806; to Boone...

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I did on the 4th day of May one thousand eight hundred and forty-Six in pursuance of public notice given, and the statute in such cases made and provided, expose to public sale, at the door of the Court house in
Carthage

Located eighteen miles southeast of Nauvoo. Settled 1831. Designated Hancock Co. seat, Mar. 1833. Incorporated as town, 27 Feb. 1837. Population in 1839 about 300. Population in 1844 about 400. Site of acute opposition to Latter-day Saints, early 1840s. Site...

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, in said
county

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

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, the following described property: to wit The South East quarter of Section No. Nine Township No. Six North in Range No. Eight west of the 4th principle Maredian Excepting Sixty acres off the South Side of the above described tract of Land with the appurtenances and improvements thereto belonging, seized and taken in
Execution

“The act of carrying into effect the final judgment of a court, or other jurisdiction. The writ which authorises the officer so to carry into effect such judgment is also called an execution. . . . Executions are either to recover specific things, or money...

View Glossary
as the property of
Peter Haws

17 Feb. 1796–1862. Farmer, miller, businessman. Born in Leeds Co., Johnstown District (later in Ontario), Upper Canada. Son of Edward Haws and Polly. Married Charlotte Harrington. Baptized into Church of Jesus Christ of Latter-day Saints. Moved to Kirtland...

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And whereas, at the time and place aforesaid,
Almond [Almon] W. Babbitt

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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Joseph L. Haywood [Heywood]

1 Aug. 1815–16 Oct. 1910. Merchant, postmaster, U.S. marshal, hatter, farmer, lawyer. Born in Grafton, Worcester Co., Massachusetts. Son of Benjamin Heywood and Hannah R. Leland. Moved to Illinois, spring 1838. Moved to Quincy, Adams Co., Illinois, fall 1839...

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&
John S. Ful[l]mer

21 July 1807–8 Oct. 1883. Farmer, newsman, postmaster, teacher, merchant. Born at Huntington, Luzerne Co., Pennsylvania. Son of Peter Fullmer and Susannah Zerfass. Moved to Nashville, Davidson Co., Tennessee, spring 1832. Married Mary Ann Price, 24 May 1837...

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,
became the purchaser of said property; for the sum of Five hundred dollars and [blank] cents, that being the highest and best bid for the same.
Now, therefore, I,
J[acob] B. BACKENSTOS

8 Oct. 1811–25 Sept. 1857. Merchant, sheriff, soldier, politician, land speculator. Born at Lower Paxton, Dauphin Co., Pennsylvania. Son of Jacob Backenstos and Margaretha Theis. Member of Lutheran Reformed Church. Married Sarah Lavina Lee, niece of Robert...

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, Sheriff of said
county

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

More Info
, do hereby certify, that the said
A. W. Babbitt

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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,
Jos. L. Haywood

1 Aug. 1815–16 Oct. 1910. Merchant, postmaster, U.S. marshal, hatter, farmer, lawyer. Born in Grafton, Worcester Co., Massachusetts. Son of Benjamin Heywood and Hannah R. Leland. Moved to Illinois, spring 1838. Moved to Quincy, Adams Co., Illinois, fall 1839...

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&
John S. Fulmer

21 July 1807–8 Oct. 1883. Farmer, newsman, postmaster, teacher, merchant. Born at Huntington, Luzerne Co., Pennsylvania. Son of Peter Fullmer and Susannah Zerfass. Moved to Nashville, Davidson Co., Tennessee, spring 1832. Married Mary Ann Price, 24 May 1837...

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will be entitled to a Deed for the property so sold to them at the expiration of fifteen months from the 4th day of May one thousand eight hundred and forty-six the day of sale, unless the same be sooner redeemed, according to law.
Given under my hand and seal, this 4th day of May in the year of our Lord one thousand eight hundred and forty-six
J. B. Backenstos

8 Oct. 1811–25 Sept. 1857. Merchant, sheriff, soldier, politician, land speculator. Born at Lower Paxton, Dauphin Co., Pennsylvania. Son of Jacob Backenstos and Margaretha Theis. Member of Lutheran Reformed Church. Married Sarah Lavina Lee, niece of Robert...

View Full Bio
L. S.
1

TEXT: “L. S.” (locus sigilli, Latin for “location of the seal”) enclosed in a hand-drawn representation of a seal.


Sheriff of
Hancock County

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

More Info
, Illinois. [p. [1]]
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Source Note

Document Transcript

Page [1]

Document Information

Related Case Documents
Editorial Title
Certificate, 4 May 1846 [Sweeney v. Miller et al.]
ID #
4159
Total Pages
2
Print Volume Location
Handwriting on This Page
  • Printed text
  • Jacob B. Backenstos

Footnotes

  1. [1]

    TEXT: “L. S.” (locus sigilli, Latin for “location of the seal”) enclosed in a hand-drawn representation of a seal.

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