Docket Entry, between 18 February and circa 8 March 1842 [JS v. Shearer]

  • Source Note
  • Historical Introduction

Document Transcript

Joseph Smith) Forcible Entry & Detainer.
vs.)
Thomas J Shearer)
Justice fees $5.75-50)
50=7.25)
John Sheriffs fees 4.75-12½)
Constable fees <​L[ewis] Robison​> 1.00)
Jurors fees 3.00)
4— Witnesses 2.00)
Be it remembered that on the 18th day of February, 1842, Joseph Smith filed his complaint, under oath, of forcible detainer against Thomas J. Shearer, before me a Justice of the Peace for the County of and State of , in the words and figures following to wit:
State of Illinois) Ss.
County of )
To , a Justice of the Peace in and for the county of .
The complaint of Joseph Smith, who being duly sworn respectfully represents that he, the said Joseph Smith is the legal owner of a certain tract of land containing one Hundred acres, being a part of the South West Quarter of Section Five of Township Six North of Range Eight West, in the tract appropriated for Millitary Bounties and Pattented to John Johnson, laying and being in the County of and State of , and that Thomas J. Shearer hath entered upon the above mentioned tract of land and that he, the said Thomas J. Shearer, did and still does by force and strong hand hold the possession of the aforesaid premises wrongfully and unjustly, and to the injury of the said Joseph Smith
Your complainant therefore prays that you will exorcise the authority vested in you by law for restoring to him the possession of said Premises.
Joseph Smith
Sworn and subscribed this 18th day of Feb. A. D. 1842. before me J. P.
Thereupon, on the 18th day of February A.D. 1842, issued a Warrant for a Jury and a summons for the Defendant, agreeably to the statute in such case made and provided; [p. 109] which Warrant. and summons are in the words and figures following to wit:
State of Illinois) ss.
County of )
, one of the Justices of the peace in and for the said County of to the Sheriff of said county Greeting:
Whereas complaint is made to me by Joseph Smith of the county of State of for forcible ditainer of the lands and tenements of the said Joseph Smith. You are therefore commanded on behalf of the State of to cause to come before me upon the 26t day of February A.D. 1842, at the hour of 2 o’clock P.M. at my office in in the said , twelve good and lawful men of the , to inquire upon their oaths into the forcible detainer aforesaid. Given under my hand and seal the 18t day of February <​A.D.​> 1842,
J. P. L. S.
State of Illinois) Ss.
County of )
To the Sheriff of said , Greeting:
Whereas complaint is made to me , one of the Justices of the Peace in and for said , by Joseph Smith, that Thomas J. Shearer does unlawfully claim and hold possession of a certain tract of land owned by the said Joseph Smith, containg one hundred acres being a part of the South West Quarter of Section Five of Township Six North of Range Eight West laying and being in the County of and State of , and that the said Thomas J. Shearer did and still does by force and strong hand hold the possession of the said premises wrongfully and unjustly and to the injury of the said Joseph Smith. You are therefore, hereby commanded to summon the said Thomas J. Shearer to appear before me at my office in the City of , in the said on the 26th day of February A.D. 1842. At 2 o’clock P.M. on said day [p. 110]
to answer Joseph Smith in said complaint, and of this writ make legal sworn and due return.
Given under my hand and seal this 18th day of February A.D. 1842. J. P. L. S.
February 26, 1842, The Wm. D. Abernathy, Sheriff, returned the summons, endorsed
“Served the within writ by reading the same to the within named Thomas J. Shearer, this 18th day of February A.D. 1842, Wm. D. Abernathy Shf, Ill, Fees $1.50.”
At the same time returned the warrant endorsed,
“In obedience to the within writ I have summoned the following named Jurors, , , , , Lewis Tully, Harvey Call, , , , , John Eldridge, Wm. D. Abernathy. Shf. Ill.” Fees $3.25.”
And on the 21st day of February, 1842, subpoena issued by order of the Defendant for Rufus Abbott, Truman Brace, O. Butler & , which were returned by Lewis Robison Constable endorsed
“Served on Rufus Abbott, H. Butler, O. Butler and , T. Brace not found, fees $1.00 Lewis Robison constable.”
And afterwards, to wit: on the 26th day of February 1842. the parties appeared before me at my office in said , and the said jurors and witnesses also appeared, excepting , juror, when Robert Stone was chose summoned to act in his stead. and the parties being ready for trial, the said jurors were empannelled and sworn well and truly to try whether the complaint of Joseph Smith the plaintiff then laid before them was true according to evidence.
The proofs and allegations of the parties being fully heard, and their title-papers exhibited to the jurors, the said jurors retired to consider on their verdict; and [p. 111] afterward, on the same day, (Feb. 26, 1842.) returned into court at the office aforesaid, and after being called, delivered to us me their verdict in writing, as follows:
Joseph Smith— Plf.)
Thomas J. Shearer— Deft.)
We the Jury do find that the Defendant hath entered upon the above mentioned tract of land, and that he the said Thomas J. Shearer, did and still does by force and strong hand hold the possession of the said Premises wrongfully and unjustly and to the injury of the said Joseph Smith, in Manner and form as alledged in the plaintiffs complaint. Feb 26, 1842. , , Robert Stone, , , , Lewis Tulle , John Elldridge, , Harvey Call.”
It is therefore considered by me, the said , that the said Joseph Smith recover and have restitution of the premises; and, also, that he recover of the said Thomas J. Shearer, his costs in this suit expended, taxed at $18,00 including writ of restitution.
March 8, 1842. issued writ of restitution directed to Wm. D. Abernathy Sheriff.
May 24, 1842 Writ of Restitution was returned endorsed, “I cannot in my find any property belonging to the within named Thos. J. Shearer, with which to make the money named or in the , or any part thereof. The Defendant left the within named possession peaceably without my interferance. May 24, 1842. Wm D. Abernathy, Shff Ill. Fee returning execution, 12½.” [p. 112]

Footnotes

  1. 1

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

  2. 2

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

  3. new scribe logo

    Notation in handwriting of Ebenezer Robinson.