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Introduction to Underwood, Bald, Spencer & Hufty v. Rigdon et al. Summons, 9 June 1837 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.] Declaration, circa 7 July 1837 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.] Plea, circa 28 October 1837 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.] Transcript of Proceedings, circa 16 April 1839 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.] Docket Entry, Costs, circa 16 April 1839 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.] Notice, 12 August 1840 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.] Docket Entry, Sheriff’s Sale, 21 October 1840 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.] Docket Entry, Deed, 30 April 1841 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.] Assignment of Judgment, 30 April 1841 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.] Deed, 3 June 1841 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.] Deed, 23 November 1841 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.]

Deed, 23 November 1841 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.]

Source Note

Erastus Spencer

30 Sept. 1805–2 Sept. 1884. Teacher, sheriff, farmer, cattle breeder. Born in New Hartland, Hartford Co., Connecticut. Son of Nathaniel Spencer and Lydia Douglas. Moved to Claridon, Geauga Co., Ohio, ca. 1811. Joined Ohio state militia, ca. 1823. Congregationalist...

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on behalf 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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, Joel McWithey, JS,
Eliphalet Boynton

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,
Solon Foster

8 Jan. 1811–17 Mar. 1896. Farmer. Born at Danby, Tompkins Co., New York. Son of Luther Foster and Ruth Hedges. Baptized into Church of Jesus Christ of Latter-day Saints, 1833. Participated in Camp of Israel expedition to Missouri, 1834. Ordained an elder,...

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,
Joseph Smith Sr.

12 July 1771–14 Sept. 1840. Cooper, farmer, teacher, merchant. Born at Topsfield, Essex Co., Massachusetts. Son of Asael Smith and Mary Duty. Nominal member of Congregationalist church at Topsfield. Married to Lucy Mack by Seth Austin, 24 Jan. 1796, at Tunbridge...

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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...

View Full Bio
,
Jonathan Holmes

11 Mar. 1806–18 Aug. 1880. Shoemaker, farmer. Born in Georgetown, Essex Co., Massachusetts. Son of Nathaniel Holmes and Sally Harriman. Baptized into Church of Jesus Christ of Latter-day Saints by John F. Boynton, 1832. Moved to Kirtland, Geauga Co., Ohio...

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,
Josiah Butterfield

13 Mar. 1795–3 Mar. 1871. Farmer, stockman. Born at Dunstable, Middlesex Co., Massachusetts. Son of Abel Butterfield and Mercy Farnsworth. Married first Polly Moulton, 30 Oct. 1819. Moved to Buxton, York Co., Maine, 1820. Baptized into Church of Jesus Christ...

View Full Bio
,
Noah Packard

7 May 1796–17 Feb. 1860. Farmer, surveyor, miner. Born at Plainfield, Hampshire Co., Massachusetts. Son of Noah Packard and Molly Hamblin. Moved to Parkman, Geauga Co., Ohio, 1817. Married Sophia Bundy, 29 June 1820, at Parkman. Baptized into Church of Jesus...

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, Chauncey Webb, and
Thomas Carrico Jr.

20 Sept. 1801–22 Feb. 1882. Shoemaker. Born at Beverly, Essex Co., Massachusetts. Son of Thomas Carrico and Deborah Wallis. Baptized into Unitarian church, 27 Sept. 1801, at Beverly. Married first Mary E. Raymond, 30 Aug. 1827, at Beverly. Wife died, 1833...

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, Deed for property in
Kirtland 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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, Geauga Co., OH, to
Daniel Carter

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, 23 Nov. 1841; handwriting of Alfred Phelps; signature of
Erastus Spencer

30 Sept. 1805–2 Sept. 1884. Teacher, sheriff, farmer, cattle breeder. Born in New Hartland, Hartford Co., Connecticut. Son of Nathaniel Spencer and Lydia Douglas. Moved to Claridon, Geauga Co., Ohio, ca. 1811. Joined Ohio state militia, ca. 1823. Congregationalist...

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; witnessed by Alfred Phelps and Edwin F. Phelps, 23 Nov. 1841; certification by Alfred Phelps, 24 Nov. 1841; docket by Alfred Phelps, [
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. 24 Nov. 1841]; notation by Daniel Kerr, 14 Mar. 1842; notation by H. F. Shepard, 16 Mar. 1842; four pages; JS Collection, CHL. Includes seals.

Historical Introduction

See Introduction to Underwood, Bald, Spencer & Hufty v. Rigdon et al.

Page [1]

To all people to whom these presents shall come Greeting:—
Whereas 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, did, on the 16th day of April A.D. 1839, before the Court of Common Pleas 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

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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recover judgment 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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, Joel Mc.Wythy [McWithey], Joseph Smith Junr.,
Eliphalet Boynton

View Full Bio

,
Solon Foster

8 Jan. 1811–17 Mar. 1896. Farmer. Born at Danby, Tompkins Co., New York. Son of Luther Foster and Ruth Hedges. Baptized into Church of Jesus Christ of Latter-day Saints, 1833. Participated in Camp of Israel expedition to Missouri, 1834. Ordained an elder,...

View Full Bio
,
Joseph Smith Senr

12 July 1771–14 Sept. 1840. Cooper, farmer, teacher, merchant. Born at Topsfield, Essex Co., Massachusetts. Son of Asael Smith and Mary Duty. Nominal member of Congregationalist church at Topsfield. Married to Lucy Mack by Seth Austin, 24 Jan. 1796, at Tunbridge...

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
,
Jonathan H. Holmes

11 Mar. 1806–18 Aug. 1880. Shoemaker, farmer. Born in Georgetown, Essex Co., Massachusetts. Son of Nathaniel Holmes and Sally Harriman. Baptized into Church of Jesus Christ of Latter-day Saints by John F. Boynton, 1832. Moved to Kirtland, Geauga Co., Ohio...

View Full Bio
,
Josiah Butterfield

13 Mar. 1795–3 Mar. 1871. Farmer, stockman. Born at Dunstable, Middlesex Co., Massachusetts. Son of Abel Butterfield and Mercy Farnsworth. Married first Polly Moulton, 30 Oct. 1819. Moved to Buxton, York Co., Maine, 1820. Baptized into Church of Jesus Christ...

View Full Bio
,
Noah Packard

7 May 1796–17 Feb. 1860. Farmer, surveyor, miner. Born at Plainfield, Hampshire Co., Massachusetts. Son of Noah Packard and Molly Hamblin. Moved to Parkman, Geauga Co., Ohio, 1817. Married Sophia Bundy, 29 June 1820, at Parkman. Baptized into Church of Jesus...

View Full Bio
, Chauncey G. Webb and
Thomas Carrico [Jr.]

20 Sept. 1801–22 Feb. 1882. Shoemaker. Born at Beverly, Essex Co., Massachusetts. Son of Thomas Carrico and Deborah Wallis. Baptized into Unitarian church, 27 Sept. 1801, at Beverly. Married first Mary E. Raymond, 30 Aug. 1827, at Beverly. Wife died, 1833...

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, defendants, in a certain 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.”

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, before that time brought by the 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, plaintiffs against said defendants, & then tried in said Court, for the sum of One thousand six hundred & forty one dollars & sixty three cents damages, and twenty dollars and ninety two cents costs of suit, as appears of record in said Court:—
And whereas, afterwards, to wit: on the 29th day of April A.D. 1839, a writ of
fieri facias

Abbreviated “fi. fa.” It is a writ of execution “that lies for him who has recovered any debt or damages. . . . It is a command to the sheriff, that of the goods and chattels of the party he cause to be made the sum recovered by the judgment.”

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issued, out of said Court, on said judgment, directed 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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, commanding him that of the goods & chattels, and, for want thereof, of the lands & tenements of said defendants, he should cause to be made the damages & costs aforesaid, and have the monies before the 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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, at the June Term A.D. 1839— which writ was delivered to
Abel Kimball

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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2d Esquire then being 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...

More Info
, for
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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; which writ the said
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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returned into said Court, at their June Term A.D. 1839, with his official report, or return of his proceedings thereon annexed to said writ, setting forth that by virtue thereof, & for want of goods & chattels, he levied the same on divers lots pecies & parcels of land, on the 20th. May 1839, particularly described in said return, among which, on the following lot, or parcel of land, to wit: Lot No Eight in Block No 113 in
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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City plat, so called as surveyed by W. W. Beals
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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Surveyor, excepting sixteen square rods in a square form at the north end of said lot; that he at the same time caused said lands to be appraised, and advertised and offered the same for sale at public vendue and the same remained unsold for want of bidders:— And whereas divers writs of
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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were issued on said judgment & delivered to said
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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and severally. by him returned as to said land above described unsold for want of bidders and such proceedings had on said judgment that at the June Term of said Court A.D. 1840, the said Court ordered a new appraisal of said lands, and afterwards, to wit: on the 25th day of July A.D. 1840 [p. [1]]
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Related Case Documents
Editorial Title
Deed, 23 November 1841 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.]
ID #
1989
Total Pages
4
Print Volume Location
Handwriting on This Page
  • Alfred Phelps

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