Introduction to George H. Noble & Co. v. JS

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Introduction to George H. Noble & Co. v. JS Docket Entry, 26 August 1830 [George H. Noble & Co. v. JS] Docket Entry, circa 29 November 1830 [George H. Noble & Co. v. JS] Power of Attorney, 3 June 1831 [George H. Noble & Co. v. JS]
Introduction to George H. Noble & Co. v. JS
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George H. Noble & Co. v. JS

Harmony Township, Susquehanna Co., Pennsylvania, Justice of the Peace Court, 26 August 1830

Susquehanna Co., Pennsylvania, Court of Common Pleas, circa 29 November 1830

Historical Introduction

In August 1830, amid “a spirit of persecution” against him in
Harmony Township
Located in northeastern Pennsylvania. Area settled, by 1787. Organized 1809. Population in 1830 about 340. Population in 1840 about 520. Contained Harmony village (no longer in existence). Josiah Stowell hired JS to help look for treasure in area, Oct. 1825...
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, Pennsylvania, JS arranged to leave the area with his wife,
Emma Smith
10 July 1804–30 Apr. 1879. Scribe, editor, boardinghouse operator, clothier. Born at Willingborough Township (later in Harmony), Susquehanna Co., Pennsylvania. Daughter of Isaac Hale and Elizabeth Lewis. Member of Methodist church at Harmony (later in Oakland...
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, and relocate to
Fayette
Located in northern part of county between Seneca and Cayuga lakes. Area settled, by 1790. Officially organized as Washington Township, 14 Mar. 1800. Name changed to Fayette, 6 Apr. 1808. Population in 1830 about 3,200. Population in 1840 about 3,700. Significant...
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, New York.
1
JS History, vol. A-1, 53.
Before leaving, he took steps to settle a debt owed to his father-in-law,
Isaac Hale
21 Mar. 1763–11 Jan. 1839. Farmer, hunter, innkeeper. Born in Waterbury, New Haven Co., Connecticut. Son of Reuben Hale and Diantha Ward. Member of Methodist church. Moved to Wells, Albany Co., New York (later in Rutland Co., Vermont), ca. 1771, to live with...
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, for a thirteen-and-a-half-acre piece of land, including a frame home, barn, and other improvements, all of which he had agreed to buy in 1829.
2
Agreement with Isaac Hale, 6 Apr. 1829; Deed from Isaac Hale and Elizabeth Hale, 25 Aug. 1830.
On 25 August 1830, JS borrowed $190.95 from George H. Noble & Co., a mercantile firm in Harmony.
3
Vogel, Early Mormon Documents, 4:432.
Comprehensive Works Cited
Vogel, Dan, ed. Early Mormon Documents. 5 vols. Salt Lake City: Signature Books, 1996–2003.
With a portion of the money, he made the final payment to Hale.

Because JS was preparing to leave the jurisdiction of the courts of
Pennsylvania
Area first settled by Swedish immigrants, 1628. William Penn received grant for territory from King Charles II, 1681, and established British settlement, 1682. Philadelphia was center of government for original thirteen U.S. colonies from time of Revolutionary...
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, Noble sought some type of security to guarantee payment of the loan. On 26 August, the day after the loan was granted, an “
amicable action
A friendly proceeding where the parties agree to waive process, such as the summons. The parties may also agree upon the amount of the debt by the defendant confessing judgment.
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” was commenced between Noble and JS,
4
On the jurisdiction of justices of the peace in Pennsylvania relative to amount of damages, see An Act to Amend and Consolidate with Its Supplements the Act Entitled “An Act for the Recovery of Debts and Demands . . .” (20 Mar. 1810), Laws of the Commonwealth of Pennsylvania, vol. 5, chap. 3,249, pp. 161, 168–169, secs. 1, 14.
Laws of the Commonwealth of Pennsylvania, from the Fourteenth Day of October, One Thousand Seven Hundred. Republished, under the Authority of the Legislature. With Notes and References. Vol. 5. Philadelphia: John Bioren, 1812.
which provided an avenue to collect on the loan should JS fail to repay.
5
JS’s real property in Harmony Township was bound from the time the judgment was entered in the clerk’s docket book, but it could not be sold, to satisfy the judgment, until it was shown that there was no personal property that could be sold. (An Act to Amend and Consolidate with Its Supplements the Act Entitled “An Act for the Recovery of Debts and Demands . . .” [20 Mar. 1810], Laws of the Commonwealth of Pennsylvania, vol. 5, chap. 3,249, pp. 166–167, sec. 10.)
JS voluntarily appeared before
Jesse Lane
20 Apr. 1800–23 Feb. 1881. Justice of the peace, lumber merchant. Born in Cannonsville (later in Tompkins), Delaware Co., New York. Son of Martin Lane and Sarah Craig. Moved to Harmony (later in Oakland), Susquehanna Co., Pennsylvania, by 1823. Appointed ...
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, a justice of the peace, and confessed judgment.
6
See Docket Entry, 26 Aug. 1830 [George H. Noble & Co. v. JS].
Lane’s docket entry of the proceedings was filed with the prothonotary, or principal clerk, of the court of common pleas on 31 August.
7
The 31 August filing of the docket entry was noted in the docket of the court of common pleas circa 29 November. By statute, the court was held in Susquehanna County during the months of January, April, August, and November. As the action was not commenced until the end of August, the next available term of court for the court of common pleas was the November term. (Docket Entry, ca. 29 Nov. 1830 [George H. Noble & Co. v. JS]; An Act to Organize for Judicial Purposes, the Counties of Bradford, Tioga, and Susquehanna, and for Other Purposes [24 Mar. 1812], Laws of the Commonwealth of Pennsylvania, vol. 5, chap. 3,513, p. 356, sec. 7.)

By June of the following year the debt was paid. Noble authorized Levi Westfall to acknowledge payment of the debt, and the acknowledgment was filed with the prothonotary on 4 June 1831.
8
Power of Attorney, 3 June 1831 [George H. Noble & Co. v. JS]; Docket Entry, ca. 29 Nov. 1830 [George H. Noble & Co. v. JS].

Calendar of Documents

This calendar lists all known documents created by or for the court, whether extant or not. It does not include versions of documents created for other purposes, though those versions may be listed in footnotes. In certain cases, especially in cases concerning unpaid debts, the originating document (promissory note, invoice, etc.) is listed here. Note that documents in the calendar are grouped with their originating court. Where a version of a document was subsequently filed with another court, that version is listed under both courts.

1830 (1)
August (1)
25 August 1830
JS, Promissory Note, Harmony Township, Susquehanna Co., PA, to George H. Noble & Co.
25 Aug. 1830. Not extant.
1

Harmony Township, Susquehanna Co., Pennsylvania, Justice of the Peace Court
1830 (1)
August (1)
26 August 1830
Docket Entry, Harmony Township, Susquehanna Co., PA
26 Aug. 1830. Not extant.
26 Aug. 1830; Susquehanna County Prothonotary Office, Susquehanna County Courthouse, Montrose, PA; handwriting of Jesse Lane; certified and witnessed by Jesse Lane; docket and notation in handwriting of Asa Dimock Jr.
1
This certified copy of Lane’s docket entry was filed with the court of common pleas on 31 August 1830. The statutes authorized a justice of the peace to charge 6¼ cents for entering a judgment by confession and 6¼ cents for entering an amicable suit. These two fees were represented in the sum of 12½ cents Lane charged as his costs. (An Act to Alter and Amend the Fee Bill [22 Feb. 1821], Laws of the Commonwealth of Pennsylvania, vol. 7, chap. 4,954, p. 375, sec. 10.)

Susquehanna Co., Pennsylvania, Court of Common Pleas
1830 (2)
August (1)
26 August 1830
Docket Entry, Copy, Harmony Township, Susquehanna Co., PA
26 Aug. 1830; Susquehanna County Prothonotary Office, Susquehanna County Courthouse, Montrose, PA; handwriting of Jesse Lane; certified and witnessed by Jesse Lane; docket and notation in handwriting of Asa Dimock Jr.
1
This represents the certified copy of Jesse Lane’s docket entry filed with the court of common pleas on 31 August 1830.

November (1)
Ca. 29 November 1830
Docket Entry, Montrose, Susquehanna Co., PA
Ca. 29 Nov. 1830; Susquehanna County Court of Common Pleas, Docket Book, vol. 6, p. 455, Susquehanna County Prothonotary Office, Susquehanna County Courthouse, Montrose, PA; handwriting of Asa Dimock Jr.; notation in handwriting of Asa Dimock Jr.

1831 (2)
June (2)
3 June 1831
George H. Noble & Co., Power of Attorney, to Levi Westfall, Harmony Township, Susquehanna Co., PA
3 June 1831; Susquehanna County Prothonotary Office, Susquehanna County Courthouse, Montrose, PA; unidentified handwriting; docket and notation in handwriting of Asa Dimock Jr.

Ca. 4 June 1831
Receipt, Montrose, Susquehanna Co., PA
Ca. 4 June 1831. Not extant.
1
See Docket Entry, ca. 29 Nov. 1830 [George H. Noble & Co. v. JS].

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Footnotes
[1]
JS History, vol. A-1, 53.
[2]
Agreement with Isaac Hale, 6 Apr. 1829; Deed from Isaac Hale and Elizabeth Hale, 25 Aug. 1830.
[3]
Vogel, Early Mormon Documents, 4:432.
Vogel, Dan, ed. Early Mormon Documents. 5 vols. Salt Lake City: Signature Books, 1996–2003.
[4]
On the jurisdiction of justices of the peace in Pennsylvania relative to amount of damages, see An Act to Amend and Consolidate with Its Supplements the Act Entitled “An Act for the Recovery of Debts and Demands . . .” (20 Mar. 1810), Laws of the Commonwealth of Pennsylvania, vol. 5, chap. 3,249, pp. 161, 168–169, secs. 1, 14.
[5]
JS’s real property in Harmony Township was bound from the time the judgment was entered in the clerk’s docket book, but it could not be sold, to satisfy the judgment, until it was shown that there was no personal property that could be sold. (An Act to Amend and Consolidate with Its Supplements the Act Entitled “An Act for the Recovery of Debts and Demands . . .” [20 Mar. 1810], Laws of the Commonwealth of Pennsylvania, vol. 5, chap. 3,249, pp. 166–167, sec. 10.)
[6]
[7]
The 31 August filing of the docket entry was noted in the docket of the court of common pleas circa 29 November. By statute, the court was held in Susquehanna County during the months of January, April, August, and November. As the action was not commenced until the end of August, the next available term of court for the court of common pleas was the November term. (Docket Entry, ca. 29 Nov. 1830 [George H. Noble & Co. v. JS]; An Act to Organize for Judicial Purposes, the Counties of Bradford, Tioga, and Susquehanna, and for Other Purposes [24 Mar. 1812], Laws of the Commonwealth of Pennsylvania, vol. 5, chap. 3,513, p. 356, sec. 7.)
[8]
Power of Attorney, 3 June 1831 [George H. Noble & Co. v. JS]; Docket Entry, ca. 29 Nov. 1830 [George H. Noble & Co. v. JS].