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Introduction to Robinson v. C. Granger

Robinson v. C. Granger
Nauvoo, Hancock Co., Illinois, Mayor’s Court, 16 December 1841
Hancock Co., Illinois, Circuit Court, 6 May 1842
 
Historical Introduction
In July 1839, purchased several acres of land from Edward Farley, a longtime resident of , Illinois. The following month, Robinson sold the same parcels of land to , who executed two promissory notes for $100 each, payable to Robinson in thirty days. Differences arose between the two men, and their disagreement escalated to the point that Granger attempted to enforce his rights at gunpoint. He claimed that Robinson “cut and pillaged a large quantity of timber” from the land.
In November 1841, filed an affidavit charging with forcible detainer of property, claiming that Granger had illegally occupied the land since September 1839. It is unclear why Robinson waited more than two years to bring this suit. In response to the affidavit, , ’s mayor and a justice of the peace, issued a summons for Granger and ordered sheriff William Abernethy to summon twelve men to serve as jurors. At trial on 16 December 1841, was one of the witnesses sworn in behalf of the plaintiff while JS and testified in behalf of the defendant. The trial, originally scheduled to occur at the mayor’s office, convened in Hyrum Smith’s office. Following the testimony, the parties exhibited their “title-papers” to the jury, except that Robinson did not present his deed to the land. Thereafter the jury rendered a verdict in favor of the defendant, basing their decision upon the plaintiff’s failure “to prove his title to the land.” Bennett then held “that the said Carlos Granger retain the premises” and that Robinson pay the costs of the suit.
Following the jury’s decision, and JS discussed whether had a right to possess and use the land during the appeal process. After listening to their opinions, the court determined to require Granger to enter a bond, in favor of , until the appeal was decided.
In May 1842, the appeal was “dismissed according to agreement on file.” The agreement did not resolve the dispute. In April 1843, wrote that he was “anxious to have that matter settled” and that he wanted “to have all the land he has payed for & no more.”
 
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.
 
30 August 1839 George W. Robinson, Bond for Property in Nauvoo, Hancock Co., IL, to Carlos Granger
30 Aug. 1839. Not extant.
13 June 1840; Hancock Co., IL, Bonds and Mortgages, 1840–1904, vol. 1, p. 15, Hancock County Courthouse, Carthage, IL; microfilm at FHL; unidentified handwriting.
 
30 August 1839 Carlos Granger, Promissory Note, Nauvoo, Hancock Co., IL, to George W. Robinson, 30 Aug. 1839–A
30 Aug. 1839. Not extant.
 
30 August 1839 Carlos Granger, Promissory Note, Nauvoo, Hancock Co., IL, to George W. Robinson, 30 Aug. 1839–B
30 Aug. 1839. Not extant.
 
Robinson v. C. Granger, Nauvoo, Illinois, Mayor’s Court
 
16 November 1841 George W. Robinson, Affidavit, before John C. Bennett, Nauvoo, Hancock Co., IL
16 Nov. 1841. Not extant.
Ca. 16 Dec. 1841; in Docket Entry, Nauvoo Mayor’s Court Docket Book, 18; handwriting of John C. Bennett.
 
16 November 1841 John C. Bennett, Summons, to Hancock Co. Sheriff, for Carlos Granger, Nauvoo, Hancock Co., IL
16 Nov. 1841. Not extant.
Ca. 16 Dec. 1841; in Docket Entry, Nauvoo Mayor’s Court Docket Book, 19–20; handwriting of John C. Bennett.
 
16 November 1841 John C. Bennett, Writ of Venire Facias, to Hancock Co. Sheriff, Nauvoo, Hancock Co., IL
16 Nov. 1841. Not extant.
Ca. 16 Dec. 1841; in Docket Entry, Nauvoo Mayor’s Court Docket Book, 20; handwriting of John C. Bennett
 
13 December 1841 John C. Bennett, Subpoena, for John Scott and Others, Nauvoo, Hancock Co., IL
13 Dec. 1841. Not extant.
Ca. 16 Dec. 1841; in Docket Entry, Nauvoo Mayor’s Court Docket Book, 21; handwriting of John C. Bennett
 
16 December 1841 John C. Bennett, Subpoena, for Arthur Morrison and Others, Nauvoo, Hancock Co., IL
16 Dec. 1841. Not extant.
Ca. 16 Dec. 1841; in Docket Entry, Nauvoo Mayor’s Court Docket Book, 21–22; handwriting of John C. Bennett.
 
16 December 1841 William Marks and Others, Verdict, Nauvoo, Hancock Co., IL
16 Dec. 1841. Not extant.
Ca. 26 Dec. 1841; in Docket Entry, Nauvoo Mayor’s Court Docket Book, 22; handwriting of John C. Bennett.
 
Ca. 16 December 1841 Docket Entry, Nauvoo, Hancock Co., IL
Ca. 16 Dec. 1841; Nauvoo Mayor’s Court Docket Book, 18–23; handwriting of John C. Bennett.
 
Ca. 16 December 1841 Supersedeas, Nauvoo, Hancock Co., IL
Ca. 16 Dec. 1841. Not extant.
 
Ca. 16 December 1841 Account of Hearing, Nauvoo, Hancock Co., IL
Ca. 16 Dec. 1841; JS Office Papers, CHL; handwriting of Willard Richards.
 
Ca. 16 December 1841 Carlos Granger, Bond, Nauvoo, Hancock Co., IL
Ca. 16 Dec. 1841. Not extant.
 
Robinson v. C. Granger, Hancock Co., Illinois, Circuit Court
 
21 December 1841 Jacob Davis, Summons, to Hancock Co. Sheriff, for Carlos Granger, Carthage, Hancock Co., IL
21 Dec. 1841; Hancock Co., IL, Circuit Court Legal Documents, 1839–1860, Twentieth-Century Western and Mormon Manuscripts, BYU; printed form with manuscript additions in handwriting of Jacob Davis; docket printed with manuscript additions in handwriting of Jacob Davis; notation printed with manuscript additions in handwriting of William D. Abernethy; notation printed with manuscript additions in handwriting of Henry W. Candle.
 
Before 6 May 1842 Agreement, Carthage, Hancock Co., IL
Before 6 May 1842. Not extant.
 
6 May 1842 Docket Entry, Dismissal, Carthage, Hancock Co., IL
6 May 1842; Hancock County Circuit Court Record, vol. C, p. 277, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of Chauncey Robison.
Robinson v. C. Granger
Nauvoo, Hancock Co., Illinois, Mayor’s Court, 16 December 1841
Hancock Co., Illinois, Circuit Court, 6 May 1842
 
Historical Introduction
In July 1839, purchased several acres of land from Edward Farley, a longtime resident of , Illinois. The following month, Robinson sold the same parcels of land to , who executed two promissory notes for $100 each, payable to Robinson in thirty days. Differences arose between the two men, and their disagreement escalated to the point that Granger attempted to enforce his rights at gunpoint. He claimed that Robinson “cut and pillaged a large quantity of timber” from the land.
In November 1841, filed an affidavit charging with forcible detainer of property, claiming that Granger had illegally occupied the land since September 1839. It is unclear why Robinson waited more than two years to bring this suit. In response to the affidavit, , ’s mayor and a justice of the peace, issued a summons for Granger and ordered sheriff William Abernethy to summon twelve men to serve as jurors. At trial on 16 December 1841, was one of the witnesses sworn in behalf of the plaintiff while JS and testified in behalf of the defendant. The trial, originally scheduled to occur at the mayor’s office, convened in Hyrum Smith’s office. Following the testimony, the parties exhibited their “title-papers” to the jury, except that Robinson did not present his deed to the land. Thereafter the jury rendered a verdict in favor of the defendant, basing their decision upon the plaintiff’s failure “to prove his title to the land.” Bennett then held “that the said Carlos Granger retain the premises” and that Robinson pay the costs of the suit.
Following the jury’s decision, and JS discussed whether had a right to possess and use the land during the appeal process. After listening to their opinions, the court determined to require Granger to enter a bond, in favor of , until the appeal was decided.
In May 1842, the appeal was “dismissed according to agreement on file.” The agreement did not resolve the dispute. In April 1843, wrote that he was “anxious to have that matter settled” and that he wanted “to have all the land he has payed for & no more.”
 
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.
 
30 August 1839 George W. Robinson, Bond for Property in Nauvoo, Hancock Co., IL, to Carlos Granger
30 Aug. 1839. Not extant.
13 June 1840; Hancock Co., IL, Bonds and Mortgages, 1840–1904, vol. 1, p. 15, Hancock County Courthouse, Carthage, IL; microfilm at FHL; unidentified handwriting.
 
30 August 1839 Carlos Granger, Promissory Note, Nauvoo, Hancock Co., IL, to George W. Robinson, 30 Aug. 1839–A
30 Aug. 1839. Not extant.
 
30 August 1839 Carlos Granger, Promissory Note, Nauvoo, Hancock Co., IL, to George W. Robinson, 30 Aug. 1839–B
30 Aug. 1839. Not extant.
 
Robinson v. C. Granger, Nauvoo, Illinois, Mayor’s Court
 
16 November 1841 George W. Robinson, Affidavit, before John C. Bennett, Nauvoo, Hancock Co., IL
16 Nov. 1841. Not extant.
Ca. 16 Dec. 1841; in Docket Entry, Nauvoo Mayor’s Court Docket Book, 18; handwriting of John C. Bennett.
 
16 November 1841 John C. Bennett, Summons, to Hancock Co. Sheriff, for Carlos Granger, Nauvoo, Hancock Co., IL
16 Nov. 1841. Not extant.
Ca. 16 Dec. 1841; in Docket Entry, Nauvoo Mayor’s Court Docket Book, 19–20; handwriting of John C. Bennett.
 
16 November 1841 John C. Bennett, Writ of Venire Facias, to Hancock Co. Sheriff, Nauvoo, Hancock Co., IL
16 Nov. 1841. Not extant.
Ca. 16 Dec. 1841; in Docket Entry, Nauvoo Mayor’s Court Docket Book, 20; handwriting of John C. Bennett
 
13 December 1841 John C. Bennett, Subpoena, for John Scott and Others, Nauvoo, Hancock Co., IL
13 Dec. 1841. Not extant.
Ca. 16 Dec. 1841; in Docket Entry, Nauvoo Mayor’s Court Docket Book, 21; handwriting of John C. Bennett
 
16 December 1841 John C. Bennett, Subpoena, for Arthur Morrison and Others, Nauvoo, Hancock Co., IL
16 Dec. 1841. Not extant.
Ca. 16 Dec. 1841; in Docket Entry, Nauvoo Mayor’s Court Docket Book, 21–22; handwriting of John C. Bennett.
 
16 December 1841 William Marks and Others, Verdict, Nauvoo, Hancock Co., IL
16 Dec. 1841. Not extant.
Ca. 26 Dec. 1841; in Docket Entry, Nauvoo Mayor’s Court Docket Book, 22; handwriting of John C. Bennett.
 
Ca. 16 December 1841 Docket Entry, Nauvoo, Hancock Co., IL
Ca. 16 Dec. 1841; Nauvoo Mayor’s Court Docket Book, 18–23; handwriting of John C. Bennett.
 
Ca. 16 December 1841 Supersedeas, Nauvoo, Hancock Co., IL
Ca. 16 Dec. 1841. Not extant.
 
Ca. 16 December 1841 Account of Hearing, Nauvoo, Hancock Co., IL
Ca. 16 Dec. 1841; JS Office Papers, CHL; handwriting of Willard Richards.
 
Ca. 16 December 1841 Carlos Granger, Bond, Nauvoo, Hancock Co., IL
Ca. 16 Dec. 1841. Not extant.
 
Robinson v. C. Granger, Hancock Co., Illinois, Circuit Court
 
21 December 1841 Jacob Davis, Summons, to Hancock Co. Sheriff, for Carlos Granger, Carthage, Hancock Co., IL
21 Dec. 1841; Hancock Co., IL, Circuit Court Legal Documents, 1839–1860, Twentieth-Century Western and Mormon Manuscripts, BYU; printed form with manuscript additions in handwriting of Jacob Davis; docket printed with manuscript additions in handwriting of Jacob Davis; notation printed with manuscript additions in handwriting of William D. Abernethy; notation printed with manuscript additions in handwriting of Henry W. Candle.
 
Before 6 May 1842 Agreement, Carthage, Hancock Co., IL
Before 6 May 1842. Not extant.
 
6 May 1842 Docket Entry, Dismissal, Carthage, Hancock Co., IL
6 May 1842; Hancock County Circuit Court Record, vol. C, p. 277, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of Chauncey Robison.