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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, 3 June 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
Almon 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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, 3 June 1841; Lake County Deed Record, vol. A, pp. 513–515; handwriting of H. F. Shepard; Land Registry Records, 1840–1842, CHL. Includes seals.

Historical Introduction

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

Page 514

the same, to be duly appraised, published notice of the sale of said lands according to law, and on the 24th. day of June A. D. 1839, pursuant to said Notice, offered said lands for sale 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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in 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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, but no person bidding, he returned said writ, with his official report or return of his said proceedings thereon, stating that said lands remained unsold for want of bidders, to said Court— at their term of June 1839, which return so far as respects said land hereinbefore described, is herein before substantially recited:— And whereas several 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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issued on said judgment & were returned & said lands unsold, the said Court did at their June Term 1840, set aside the appraisal aforesaid & order a new appraisal; And on the fifth day of July A.D. 1840, a writ of
pluries

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

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venditioni exponas 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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& delivered to said
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 Sheriff thereof by which he was commanded to have all of said lands levied on reappraised & offer the same again for sale according to law; by virtue of which 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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made return of said writ, at the November Term A.D. 1840 of said Court, that he had cause said first and second pieces above described, together with one other piece mentioned in said writ, to be reappraised by three disinterested freeholders, who appraised said first piece at ($850) Eight hundred & fifty dollars; said second piece at forty dollars ($40) who returned said appraisal in writing under their hands & seals a copy of which he 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; that he duly advertised & offered said lands for sale at public vendue, but that said pieces herein before described remained unsold for want of bidders:— And whereas afterwards to wit:— on the first day of March A.D. 1841, another writ of venditioni exponas issued out of said Court on said judgment, directed to the
Sheriff

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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of 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...

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commanding him to expose said lands to sale at public vendue, which writ was delivered to me
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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then & still 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...

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& the successor in 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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, by virtue of which I proceeded as stated in my return thereto by me officially signed annexed to said writ & therewith returned into said Court, at their April Term A.D. 1841, the substance of which return is as follows, viz: that by virtue of said writ, I on the 6th. day of March 1841, caused a notice to be published in the Painesville Republican, a newspaper published in said County of Lake where said land lies and in general circulation in the same & in the 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...

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, that I should offer said three pieces of land herein before described 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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in 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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, on the 8th. day of April A.D. 1841 between the hours of 10. O’Clock A.M. and 4 O’Clock P.M. which notice was continued in said paper from week to week down to the day of sale, being more than thirty days; that previous to said 6th. day of March, I caused said piece thirdly above described to be appraised (the same not having been before appraised) by three disinterested freeholders of and resident, in, said County of Lake, to wit:
Nathan[iel] Milliken

25 Dec. 1793–Aug. 1874. Farmer, post office clerk. Born at Buxton, York Co., Maine. Son of Nathaniel Milliken and Mary Lord. Married first Mary Fairfield Hayes, 22 Apr. 1819. Baptized into Church of Jesus Christ of Latter-day Saints, 1 Oct. 1833, at Buxton...

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, Clement Messenger 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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, who then and there, on actual view, appraised the same at Ten dollars, & returned to me said appraisment in writing under their hands & seals, a copy of which I deposited with said
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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.— On the said Eighth day of April 1841, between the hours aforesaid, at the Court House aforesaid pursuant to said notice, I offered said lands for sale at public vendue, and then and there duly struck off and sold said three pieces, to
Almon Babbit

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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, on his bid by his agent
Lyman Cowdery

12 Mar. 1802–22 Apr. 1881. Lawyer, probate judge. Born at Wells, Rutland Co., Vermont. Son of William Cowdery and Rebecca Fuller. Older brother of Oliver Cowdery. Married Eliza Alexander, 20 Apr. 1825. Served as probate judge in Ontario Co., NY, mid-1830s...

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, for six hundred dollars that being the highest bid offered therefor, & two thirds the appraised value of said lands,— the residue of said lands not offered by direction of Plaintiff’s Attorney.— And at the said April Term, I submitted said writ, return & and all my said proceedings in selling said lands to said Court who having carefully examined the same, did approve & confirm said sale & made an order & caused the same to be entered on their journal to that effect, and ordering me the said Sheriff to execute and deliver a good deed of conveyance to said purchasor of the lands so sold to him— All which will more fully appear by the records files & journal entries of said Court:— Now therefore Know Ye that I
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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Sheriff of 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...

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, by virtue of the authority vested in me by law, the said judgment, writs, proceedings, & especially the said last mentioned order of Court, and for the consideration of the said sum of six hundred dollars by me received of said
Almon Babbit

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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, do in my said capacity grant, bargain, sell convey and confirm to him the said pieces of land, being three parcels, herein before particularly described, & the three first parcels described in said writ, so struck off and sold to him as aforesaid, with all the privileges & appurtenances thereof [p. 514]
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Page 514

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Related Case Documents
Editorial Title
Deed, 3 June 1841 [Underwood, Bald, Spencer & Hufty v. Rigdon et al.]
ID #
5502
Total Pages
3
Print Volume Location
Handwriting on This Page
  • H. F. Shepard

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