Transcript of Proceedings, 8 January 1842 [Boosinger v. O. Cowdery et al.]

  • Source Note
  • Historical Introduction

Document Transcript

$20000
State of Missouri) Ss [scilicet]
County of )
Be it remembered that heretofore to wit on the tenth day of January AD 1839. filed in the clerks office of the circuit Court a declaration against , Joseph— Smith, Jr. and which said declaration is in the words and figures following to Wit.
“In the Circuit Court April Term 1839.
vs
)
Joseph Smith Junr and)
)
To the Circuit Court Plaintiff states that he is the legal owner of a note against the defendants , Joseph Smith Jun and to the following effect
$200.
Tallmage Ohio May 26 1836
For value received we promise to pay or bear two hundred dollars two years from date with with six per cent interest after six months
Joseph Smith Jr
[p. 1]
Yet the debt remains unpaid therefore he demands judgment for his debt and damages for the detention thereof together with costs
Atty to
A[sa] D Brasher, ageant for
Upon the filing of the aforesaid declaration the said filed on the same day an affidavit and bond for an attachment which are in the words and figures following to Wit
State of Missouri) Ss [scilicet]
County of )
Asa D. Brasher states that , Joseph Smith Jun and are justly endebted to in the sum of Two hundred dollars and interest from the 26 of May 1836. allowing all just credits and set offs and also he has good reason to believe that the said debtors are about fraudulently to remove or convey— or dispose of their property or effects so as to hinder or delay their creditors
A. D. Brasher
Subscribed and sworn to this 10th. day of Jany. 1839 before me a justice a Justice of the peace for
Justice of the peace [p. 2]
We the undersigned Asa D. Brasher Ageant for and Henry McHenry acknowledge ourselves endebted to , Joseph Smith Jr and in the sum of Three hundred dollars to be void upon this condition whereas the said is about to commence action against the said defendants and to take out a writ of Attachment in the Circuit Court. Now if the said shall prosecute his suit, with effect and without delay and shall pay the damage that may accrue to the defendant or any garnishee in consequence of the attachment then this obligation to be void else to remain in full force and effect In witness whereof we have hereunto set our hands and Seals this 10th day of Jan’y 1839.
A. D. Brasher LS
Henry Mc.Henry LS
State of Missouri) Ss [scilicet]
)
I, a justice of the peace for said do hereby certify that Asa D. Brasher and Henry McHenry this day appeared before me and acknowledged the foregoing instrument of writing to be their act and deed for the [p. 3]
purposes therein mentioned. given under my hand this 10th. day of Jan. 1839.
justice of the peace
Thereupon an attachment issued from the office of the clerk of the Caldwell Circuit Court which is in the words and figures following to wit
State of Missouri) Sct [scilicet]
County of )
The State of To the of said Greeting You are hereby commanded to attach , Joseph Smith Jr and by all and singular their goods and chattels lands and tenements monies credits and effects or so much thereof as shall be sufficient to satisfy the sum of Two hundred dollars with interest and costs of suit in whose hands or possession soever the same may be found in your so that the said defendants be and appear before the Judge of our said Court at the place of holding said court in the town of in said on the first monday after the fourth Monday in March next to answer unto of a plea of debt and that you summon the— said , Joseph Smith Jr and to appear before [p. 4]
the Judge of our said Circuit Court at the time and place aforesaid to answer the said action of the said and that you summons all and every person in whose hands or possession any monies, goods chattels credits or effects or evidence of debts of the said defendants may be found to appear at the time and place aforesaid to answer what may be objected against them. Witness Clerk of said Court with the seal LS thereof affixed at this 10th. day of January AD 1839
Clerk
Upon which writ of attachment is the following return of the to wit.
By Virtue of the within writ I have levied on the following property of to wit. 2 bureaus 1 clock, 1 carriage, 1 bay horse, 1 two horse Waggon, also E ½ of S.W. qr of S.W. qr of section 2. T. 56. R. 29. Also S.W. qr. of N.E qr of Sec 18 T. 56. R 28. also N.E qr. of N.W qr of sec 18. T. 56 R 28. also N. W. qr of N.E qr of sec 24. T 57. R 29. als[o] N.E qr of S.E qr. Sec 12. T. 56 R. 29. also the dwelling houses of and lots of & Joseph Smith also one book cupboard one bed [p. 5]
stead, one wash stand one table all done in
Shereff of
And afterwards to wit on the 18th. day of March 1839 an Alias—— Writ was issued directed to the shereff of Missouri which is in the following words and figures to Wit.
In the Circuit Court July Term 1839.
To the Circuit Court plaintiff states that he is the legal owner of a note against the defendants , Joseph Smith Junr and to the following effect
“$200.
Tallmage Ohio May 26th. 1836
For value received we promise to pay or bearer— two hundred dollars, two years from date with interest at six per cent after six months
Joseph Smith Jnr
—[”]
Yet the debt remains unpaid therefore he demands payyment for his debt and damages for the detention thereof together with costs
Atty for [p. 6]
Thereupon a summons issued from the office of the Clerk of the circuit court which is in the words and figures following to wit
State of Missouri)
County of )
The State of To the Sheriff of Greeting
You are hereby commanded to sumsons , Joseph Smith Junr. and that they be and appear before the Judge of of our Circuit Court to be held in the town of on the second monday in July next to answer unto in an action of debt by petition and have you then and there this writ. Witness Clerk of said court with L S the seal thereof affixed at this 18th day of March 1839
Clerk
Upon which said writ of summon is the following return of the Sheriff to wit.
I executed the within petition & writ of summons by reading the same to Joseph Smith Jr & in on the 6th day of April 1839. the within named [p. 7]
not found in . Given under my— hand this 5th. day of July 1839.
Saml Hadley Sheriff of .
And afterwards to wit at our November Term 1839. the following proceedings were had to wit
vs) Petition in debt by attachment
Joseph Smith Jun)
, &)
)
Dismissed as to
Now at this day comes the parties aforesaid by their respective attorneys and the said defendants Saith nothing in bar or preclusion of the action aforesaid of him the said . It is therefore— considered that the said recover against the said defendants the sum of Two hundred dollars their debt and twenty three dollars sixty one cents his damages and that he have execution therefor
Upon which judgment there issued from the of the Circuit an execution in the following words and figures to wit [p. 8]
State of ) sct [scilicet]
County of )
The State of To the Sheriff of the County of Greeting: Whereas on the twelfth day of November Eighteen hundred and thirty nine at our circuit court hath recovered judgment against Joseph Smith, Junr. and on attachment for the sum of Two hundred dollars debt and twenty three dollars 61/100 damages and also his costs and which to the said were adjudged for his debt damage and costs.
These therefore command you— that of the property attached to wit The east half of South West qr of of South West quarter of Sec. Two Township 56. Range 29. Also S.W. qr of North East <​qr.​> of Sect eighteen Township 56. Range 28. Also North east qr of North West qr of Sec 18. Town. 56 Range 28— also N.W qr of N.E qr Sec 24 Town. 57 Range 29. also N.E qr of S.E qr Sec. 12. Town. 56. Range 29. also the dwelling houses and lots of and Joseph Smith also one book cupboard, one bed stead, one wash stand, one table 2 bureaus, one clock, one carriage one bay horse & one two horse waggon [p. 9]
You cause to be made the debt— damages and costs and that you certify how you execute this writ. Witness Clerk of said Court with the seal thereof L S affixed this 19th. day of Novr 1839.
Clerk
Upon which said writ execution is the following return of the sheriff to wit.
I do hereby certify that I executed the within by levying on the following land of the within namd to wit. The E 1/2 of the S.W. quarter of Section 2. Township 56 Range 29. also S.W. quarter of N.E. quarter of Section 18. Township 56 Range 28. also N.E qr of N.W quarter of Section 24. Township 57. Range 29— Also N.E. quarter of South east of Section 12. Township 56 Range 29. and putting up notices for twenty days before the sale as the law requires and on the first day of the court which was on the 9th. day of this month and while the circuit court was in session put up the interest right title & claim of said to said lands and Asa D. Brasher being the highest and best bidder for said land for Forty five dollars it was struck [p. 10]
off to him accordingly— all done in — this 9th. day of March 1841
John Skidmore Sheriff Mo.
Debt Damages & costs endorsed on execution
Debt— $200.
Damages— 23.61
Clerk’s fees— 3.62½
Sheriff of 2.50
Do 1.00
Serving execution— 1 00
Calling each parties 50
<​($232.23½)​>
State of Missouri) ss.
County of )
I Elliot Roberts Clerk of the Circuit Court within and for the county of and aforesaid do certify that the foregoing Eleven pages of which this constitutes one do contain a full, true, and complete transcript of the record and proceedings had and taken in a certain action of debt lately determined in our said court between the parties therein named as fully as the sam[e] remains of record in my office.
[seal]
In testimony whereof I have here unto set my hand & affixed the seal of said court at office this the 8th. day of January 1842.
Elliot Roberts Clerk [p. 11]
vs) Transcript
J. &
 
I sole Judge of the fifth Judicial Circuit of the state of composed of the counties of , , , and Carroll do certify that Elliott Roberts whose name and attestation is affixed to the foregoing certificate was at the time of making the <​same​> Clerk of the Caldwel[l] Circuit Court (it being a court of Record) duly commissioned and qualified as such, and that his said certificate is in due form of law. Given under my hand the 28th day of february 1842
No Judgement against Judgemet v. Smiths [illegible] [illegible] on [illegible] [p. 12]

Footnotes

  1. 1

    TEXT: “LS” (locus sigilli, Latin for “location of the seal”) enclosed in a hand-drawn representation of a seal.  

  2. 2

    TEXT: “LS” (locus sigilli, Latin for “location of the seal”) enclosed in a hand-drawn representation of a seal.  

  3. 3

    TEXT: “LS” (locus sigilli, Latin for “location of the seal”) enclosed in a hand-drawn representation of a seal.  

  4. 4

    TEXT: “LS” (locus sigilli, Latin for “location of the seal”) enclosed in a hand-drawn representation of a seal.  

  5. 5

    TEXT: “LS” (locus sigilli, Latin for “location of the seal”) enclosed in a hand-drawn representation of a seal.