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Introduction to JS v. Brotherton Receipt, 16 October 1841 [JS v. Brotherton] Declaration, circa 3 March 1842 [JS v. Brotherton] Summons, 4 March 1842 [JS v. Brotherton] Notice, circa 8 April 1842 [JS v. Brotherton] Dedimus, 9 April 1842 [JS v. Brotherton] John Taylor, Deposition, 17 May 1842 [JS v. Brotherton] Hyrum Smith, Deposition, 17 May 1842 [JS v. Brotherton] Orson Spencer, Deposition, 17 May 1842 [JS v. Brotherton] Lyman Wight, Deposition, 17 May 1842 [JS v. Brotherton] Henry G. Sherwood, Deposition, 17 May 1842 [JS v. Brotherton] John S. Fullmer, Deposition, 18 May 1842 [JS v. Brotherton] Depositions, 17–18 May 1842 [JS v. Brotherton] Certification, 27 May 1842 [JS v. Brotherton] Plea, circa 20 July 1842 [JS v. Brotherton] Docket Entry, Plea, 21 July 1842 [JS v. Brotherton] Braxton W. Gillock, Deposition, 21 July 1842 [JS v. Brotherton] George Beebe, Deposition, 21 July 1842 [JS v. Brotherton] William Harris, Deposition, 21 July 1842 [JS v. Brotherton] J. J. Johnson, Deposition, 21 July 1842 [JS v. Brotherton] Silas Heaight, Deposition, 21 July 1842 [JS v. Brotherton] Lyman Johnson, Deposition, 21 July 1842 [JS v. Brotherton] Depositions, 21 July 1842 [JS v. Brotherton] Notice, 20 January 1843 [JS v. Brotherton] John C. Bennett, Deposition, 24–25 January 1843 [JS v. Brotherton] Depositions, 25 January 1843 [JS v. Brotherton] Docket Entry, Dismissal, 22 September 1843 [JS v. Brotherton]

Depositions, 25 January 1843 [JS v. Brotherton]

Source Note

Depositions, before Benjamin F. McKenney,
St. Louis

Located on west side of Mississippi River about fifteen miles south of confluence with Missouri River. Founded as fur-trading post by French settlers, 1764. Incorporated as town, 1809. First Mississippi steamboat docked by town, 1817. Incorporated as city...

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, St. Louis Co., MO, 25 Jan. 1843, JS v. Brotherton (St. Louis Co., MO, Circuit Court 1843); handwriting of unidentified scribes and presumably Benjamin F. McKenney; signature of
John. C. Bennett

3 Aug. 1804–5 Aug. 1867. Physician, minister, poultry breeder. Born at Fairhaven, Bristol Co., Massachusetts. Son of John Bennett and Abigail Cook. Moved to Marietta, Washington Co., Ohio, 1808; to Massachusetts, 1812; and back to Marietta, 1822. Married ...

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; docket by second unidentified scribe, [
St. Louis

Located on west side of Mississippi River about fifteen miles south of confluence with Missouri River. Founded as fur-trading post by French settlers, 1764. Incorporated as town, 1809. First Mississippi steamboat docked by town, 1817. Incorporated as city...

More Info
, St. Louis Co., MO, 25 Jan. 1843]; endorsement by unidentified scribe, 22 Sept. 1843; notation presumably by Benjamin F. McKenney, ca. 22 Sept. 1843; four pages; St. Louis County Circuit Court, Civil Case Files, MSA.

Historical Introduction

See Introduction to JS v. Brotherton.
Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. John C. Bennett, Deposition, 24–25 January 1843 [ JS v. Brotherton ]
Depositions, 25 January 1843 [ JS v. Brotherton ]

Page [1]

First unidentified scribe handwriting begins.


Page 1.
Depositions of Witnesses, produced, sworn and examined at the office of Benjamin F. McKenney in the Township of
St Louis

Located on west side of Mississippi River about fifteen miles south of confluence with Missouri River. Founded as fur-trading post by French settlers, 1764. Incorporated as town, 1809. First Mississippi steamboat docked by town, 1817. Incorporated as city...

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, county of St Louis, and State of Missouri, before me, Benjamin F. McKenney, a
Justice of the Peace

A local public judicial officer, commissioned to mete out justice for, or to prevent, a breach of the peace or other violation of the law. “When a felony or breach of the peace has been committed in their presence, they may personally arrest the offender,...

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within and for said county, in a certain cause now pending in the St Louis circuit court, state of
Missouri

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Latter-day Saint ...

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aforesaid, between Joseph Smith plaintiff, and
Marshal[l] Brotherton

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, defendant, on the part of the
defendant

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—— [5 lines blank]

First unidentified scribe handwriting ends; second unidentified scribe begins.


John. C. Bennett

3 Aug. 1804–5 Aug. 1867. Physician, minister, poultry breeder. Born at Fairhaven, Bristol Co., Massachusetts. Son of John Bennett and Abigail Cook. Moved to Marietta, Washington Co., Ohio, 1808; to Massachusetts, 1812; and back to Marietta, 1822. Married ...

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of lawful age being produced sworn and examined on the part of the
defendant

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deposeth and saith: That he is acquainted with Joseph Smith the plaintiff. He knows that that the property which Joseph Smith told him has been attached by
Marshall Brotherton

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Sheriff of St Louis county Mo, belonged to
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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(against whom, Joe Smith, the Plff, told
deponent

3 Aug. 1804–5 Aug. 1867. Physician, minister, poultry breeder. Born at Fairhaven, Bristol Co., Massachusetts. Son of John Bennett and Abigail Cook. Moved to Marietta, Washington Co., Ohio, 1808; to Massachusetts, 1812; and back to Marietta, 1822. Married ...

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Slater Y Holbrook, <​had​> commenced suit by attachment in <​one of​> the st Louis courts)
Lyman Wight

9 May 1796–31 Mar. 1858. Farmer. Born at Fairfield, Herkimer Co., New York. Son of Levi Wight Jr. and Sarah Corbin. Served in War of 1812. Married Harriet Benton, 5 Jan. 1823, at Henrietta, Monroe Co., New York. Moved to Warrensville, Cuyahoga Co., Ohio, ...

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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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, and
John Snyder

11 Feb. 1800–19 Dec. 1875. Farmer, mason, stonecutter. Born in New Brunswick, Canada. Son of Martin Snyder and Sarah Armstrong. Married Mary Heron, 28 Feb. 1822. Baptized into Church of Jesus Christ of Latter-day Saints, 1836, at Toronto. Stockholder in Kirtland...

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, excepting a small portion of it which belonged to
Hiram [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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. After the arrival of said property at
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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Ill: said Jos. Smith was to sell the property for the aforsaid individuals acting as their agent and to take his own time to pay for it.
Deponent

3 Aug. 1804–5 Aug. 1867. Physician, minister, poultry breeder. Born at Fairhaven, Bristol Co., Massachusetts. Son of John Bennett and Abigail Cook. Moved to Marietta, Washington Co., Ohio, 1808; to Massachusetts, 1812; and back to Marietta, 1822. Married ...

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has heard the plaintiff express his regrets that the property had been marked in
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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s name, as that enabled a Mr [Silas] Heaight of
Iowa

Area acquired by U.S. in Louisiana Purchase, 1803. First permanent white settlements established, ca. 1833. Organized as territory, 1838, containing all of present-day Iowa, much of present-day Minnesota, and parts of North and South Dakota. Population in...

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<​(or those to whom [3 words illegible] claiming under him)​> to whom
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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& the other owners had given their note, to attach it. [p. [1]]
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Related Case Documents

JS v. Brotherton, 22 September 1843

Editorial Title
Depositions, 25 January 1843 [JS v. Brotherton]
ID #
19332
Total Pages
4
Print Volume Location
Handwriting on This Page
  • Unidentified

Footnotes

  1. new scribe logo

    First unidentified scribe handwriting begins.

  2. new scribe logo

    First unidentified scribe handwriting ends; second unidentified scribe begins.

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