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Introduction to Russell v. JS et al. Bill in Chancery, circa 19 June 1843 [Russell v. JS et al.] Subpoena, 20 June 1843–A [Russell v. JS et al.] Subpoena, 20 June 1843–B [Russell v. JS et al.] Subpoena, 20 June 1843–C [Russell v. JS et al.] Notice, 14 July 1843 [Russell v. JS et al.] Docket Entry, Decree, 18 March 1844 [Russell v. JS et al.] Transcript of Proceedings, circa 18 March 1844 [Russell v. JS et al.] Docket Entry, Costs, circa 18 March 1844 [Russell v. JS et al.] Docket Entry, Cost Bill, circa 18 March 1844 [Russell v. JS et al.] Order of Sale, 23 April 1844 [Russell v. JS et al.] Notice, 1 May 1844 [Russell v. JS et al.] Docket Entry, Order of Sale and Return, circa June 1844 [Russell v. JS et al.] Docket Entry, Motion, 5 June 1846 [Russell v. JS et al.] Deed, 10 July 1846 [Russell v. JS et al.]

Docket Entry, Order of Sale and Return, circa June 1844 [Russell v. JS et al.]

Source Note

Docket Entry, Order of Sale and Return, [
Painesville Township

Located on Grand River twelve miles northeast of Kirtland. Created and settled, 1800. Originally named Champion. Flourished economically from harbor on Lake Erie and as major route of overland travel for western emigration. Included Painesville village; laid...

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], Lake Co., OH, ca. June 1844, Russell v. JS et al. (Lake Co., OH, Court of Common Pleas 1844); Lake County Court of Common Pleas,
Chancery

The court of chancery, also known as equity, emerged in fourteenth-century England as an alternative to the common law courts, which over preceding centuries had developed complicated and strict rules of procedure, governed by precedent. Partial compliance...

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Record, vol. B, pp. 175–177; handwriting of
Charles D. Adams

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; Lake County Courthouse, Painesville, OH; microfilm at FHL.

Historical Introduction

See Introduction to Russell v. JS et al.
Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. Order of Sale, 23 April 1844 [ Russell v. JS et al. ] Docket Entry, Order of Sale and Return, circa June 1844 [ Russell v. JS et al. ]

Page [176]

said sum of $16409.61 with interest thereon from the first date day of this Term to said
complainant

7 Apr. 1795–21 Oct. 1861. Farmer, teacher, justice of the peace. Born in Middlefield, Hampshire Co., Massachusetts. Son of Alpheus Russell and Rebekah Clark. Married Elizabeth Conant, 28 May 1818, in Becket, Berkshire Co., Massachusetts. Congregationalist...

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, and that the balance he bring into Court, which said premises are described as follows, to wit, situate 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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being Township no nine (9) Range of Townships of the
Connecticut Western Reserve

Also known as New Connecticut or Connecticut Reserve. Approximately three million acres in northeastern part of present-day Ohio. Claimed as part of Connecticut, 1786. Connecticut granted jurisdiction of reserve to U.S. government, 1800. Population in 1820...

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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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and which was formerly in 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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but now in the County of Lake and known as Lot thirteen (13) and parts of twelve (12) and fourteen (14) in tract number two and is bounded as follows to wit, beginning at the South west corner of land then owned and occupied by
Ebenezer Jennings

ca. Dec. 1793–20 Aug. 1868. Born in Vermont. Served in War of 1812. Married Electa Willard, by ca. 1819. Moved to Geauga Co., Ohio, by 1823; to Nauvoo, Hancock Co., Illinois, by May 1842; and to Genesee Co., Michigan. Died in Genesee Co.

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then East on said
Jennings

ca. Dec. 1793–20 Aug. 1868. Born in Vermont. Served in War of 1812. Married Electa Willard, by ca. 1819. Moved to Geauga Co., Ohio, by 1823; to Nauvoo, Hancock Co., Illinois, by May 1842; and to Genesee Co., Michigan. Died in Genesee Co.

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line to lands owned by Mr Hyde— thence South on said Hydes line to Lot No thirteen, thence east and south by said Hyde to the public Highway then Southwesterly & westerly along said Highway to the meeting House Lot, thence northerly to the line of Lot number thirteen thence to the south west corner of said Lot thirteen, thence along the public Highway leading from
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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to
Chester

Surveyed 1796 and 1801. Area settled, 1801–1802. Initially called Wooster. Name changed to Chester and officially incorporated as township, 1816. Population in 1830 about 550. Population in 1840 about 960. JS purchased land for store in Chester, 1836–1837...

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to the place of beginning containing one Hundred and thirty two acres and four hundreths of an acre. We therefore command you that you expose to sale the above described premises under the Statute regulating sales on
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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and that you apply the proceeds of said sale in satisfaction of said damages costs interests &c as above specified and that you certify your proceedings herein to our next Court of Common Pleas, and bring this order with you on the first day of the Term.
Witness
John W Howden

Ca. 1812–11 Sept. 1853. Farmer, merchant, county clerk, American consul. Born in Vermont. Son of John Howden and Mary Smith. Moved to Geauga Co., Ohio, by Oct. 1836, and opened a dry goods store. Served as Geauga Co. clerk, 1840–1846. Married Elizabeth M....

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Clerk of our said Court at
Painesville

Located on Grand River twelve miles northeast of Kirtland. Created and settled, 1800. Originally named Champion. Flourished economically from harbor on Lake Erie and as major route of overland travel for western emigration. Included Painesville village; laid...

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this 23d day of April AD 1844.
John W Howden

Ca. 1812–11 Sept. 1853. Farmer, merchant, county clerk, American consul. Born in Vermont. Son of John Howden and Mary Smith. Moved to Geauga Co., Ohio, by Oct. 1836, and opened a dry goods store. Served as Geauga Co. clerk, 1840–1846. Married Elizabeth M....

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Clerk
And afterwards to wit at the June Term of said Court in the year of our Lord one thousand eight Hundred and fortyfour said order of sale was returned to said Court by said
Sheriff

11 Dec. 1800–6 July 1882. Sheriff, merchant, hatter, postmaster. Born at Cummington, Hampshire Co., Massachusetts. Son of Calvin Bates and Rebecca Pool. Married first Annas Tirrill, 6 Nov. 1823, at Cummington. Sheriff of Lake Co., Ohio, 1840–1844. Levied ...

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indorsed as follows, to wit.
The State of Ohio
Lake County ss.
service & Return, 35
Sum appraisers 1.00
appraisal 75
Copy 75
notice to Printer 25
Printers fees 3.00
Travel 55
this return 50
$7.15
appraisers fee 1.50
$8.65
In Obedience to the command of this order of Sale on the 27th day of April 1844 caused the within described lands and tenements to be appraised by the oaths of
C[hristopher] Quinn Jr

22 Oct. 1812–21 Nov. 1889. Farmer, merchant, county clerk, furnace manufacturer. Born in Clare, County Down, Ireland. Son of Christopher Quinn and Martha. Immigrated to U.S., 1832. Moved to Cleveland; to Euclid, Cuyahoga Co., Ohio; to Willoughby, Cuyahoga...

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. Alfred Morley & L I Waite these three respectable and disinterested freeholders of said County who returned to me under their hands and seals that they appraised said land and tenements upon actual view of the premises at two thousand three Hundred & seventy six Dollars, a copy of which said appraisment was duly filed in the
Clerk

Ca. 1812–11 Sept. 1853. Farmer, merchant, county clerk, American consul. Born in Vermont. Son of John Howden and Mary Smith. Moved to Geauga Co., Ohio, by Oct. 1836, and opened a dry goods store. Served as Geauga Co. clerk, 1840–1846. Married Elizabeth M....

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s Office for the County of Lake and having duly advertised the said lands and tenements for sale by publication in the Painesville Telegraph a paper of general circulation in said County for thirty days previous to the day of sale, and afterwards to wit, on the 11th day of June 1844 in pursuance of said notice proceeded to offer said Lands and tenements for sale at public auction at the Court House in the town of
Painesville

Located on Grand River twelve miles northeast of Kirtland. Created and settled, 1800. Originally named Champion. Flourished economically from harbor on Lake Erie and as major route of overland travel for western emigration. Included Painesville village; laid...

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in said County between the [p. [176]]
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Source Note

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Page [176]

Document Information

Related Case Documents

Russell v. JS et al., Lake Co., OH, Court of Common Pleas, 18 March 1844

Editorial Title
Docket Entry, Order of Sale and Return, circa June 1844 [Russell v. JS et al.]
ID #
4489
Total Pages
3
Print Volume Location
Handwriting on This Page
  • Charles D. Adams

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