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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...

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,
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...

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,
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 [2]

a
pluries

“A writ that issues in the third instance after the first and the alias have been ineffectual.”

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writ 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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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 to cause said lands to be reappraised, and, as before to expose the same to sale at public vendue, and have the monies before said Court, at their October Term A.D. 1840, which said 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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, to wit:
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 then being Shff 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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to whom the same was delivered, returned into said Court, with his official return of his proceedings thereon, at the October Term A.D. 1840, which return set forth that, by virtue of said writ, he on the 8th. day of August A.D. 1840 caused three of the parcels of said lands levied on to be appraised by three disinterested freeholders, one of which parcels was the lot herein— before described, the said freeholders residents of the County of Lake which at the time of said levy was
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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who being by him duly sworn & on actual view, did appraise said Lot No 8 above described, excepting the 16 rods aforesaid, at Three hundred dollars, and returned to him their said appraisal, render their hands & seals, a copy of which he forthwith deposited in 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; that he thereupon gave public notice by advertising in the Painesville Telegrapp [Telegraph], a newspaper published in said County of Lake, formerly part of
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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, that he should offer said lands for sale at public vendue, 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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, Geauga County, on the fifteenth day of September 1840, between the hours of 10 o.Clock A.M. and 4 oClock P.M., which notice was continued in said newspaper from week to week for more than thirty days next preceeding said day of sale; that at the time & place specified in said notice, he duly & legally struck off and sold unto
Gilbert Granger

14 Oct. 1814–25 Aug. 1850. Born in Phelps, Ontario Co., New York. Son of Oliver Granger and Lydia Dibble. Moved to Kirtland, Geauga Co., Ohio, 1833. Married first Alice Marble, 20 June 1838, in Cuyahoga Co., Ohio. Married second Susan Bristol Williams, 24...

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, the said Lot No Eight in the City plat of
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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in Lake County (formerly
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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) excepting said sixteen rods as aforesaid, for the sum of Two Hundred & one dollars then & there bid him for the same, he being the highest bidder, and that sum, so bid by him, being more than two thirds the appraised value of said land; and 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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submitted his said proceedings in levying on & making sale of said land, to said Court at said last mentioned who having examined, did approve & confirm said sale & made an order to that effect & caused the same to be entered on their journal, & did thereby order 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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to make a deed of conveyance to said purchasor: And whereas the term of office of said
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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expired without his having executed a deed of said land, and the said
Granger

14 Oct. 1814–25 Aug. 1850. Born in Phelps, Ontario Co., New York. Son of Oliver Granger and Lydia Dibble. Moved to Kirtland, Geauga Co., Ohio, 1833. Married first Alice Marble, 20 June 1838, in Cuyahoga Co., Ohio. Married second Susan Bristol Williams, 24...

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having assigned transfered & quit claimed, his interest in [p. [2]]
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Page [2]

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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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