Docket Entry, circa 16 December 1841 [Robinson v. C. Granger]

  • Source Note
  • Historical Introduction

Document Transcript

,) Forcible Detainer.
Vs)
.)
Mayor’s fees— 4,75.
’s fees— 2,62½.
Jury fees— 3,00.
Witnesses fees— 5,00.
Be it remembered that on the 16th day of November, AD. 1841, filed his complaint, under oath, of forcible detainer against before me, , Mayor of the City of , in the County of , and State of , in the words and figures following, to wit:
“To , Mayor of the City of , and a Justice of the Peace therein, in the County of , and State of ;
The complaint of , who being duly sworn respectfully represents that , of the County of , and State of , did some time in the month of September, AD. 1839, in the and aforesaid, without the knowledge or consent, unlawfully enter upon certain tracts of land of the Said , situate in the county of , and aforesaid, containing sixty seven acres of land, and bounded as follows, to wit; the west half of the north half of the south west quarter of Section No. thirty-one, in township No. seven north, and range No. eight west of the fourth principal meridian, containing forty and one fourth acres of land— except ten acres across the east end of said tract of land of even width; also, the south half of the north half of the north west quarter of section No. thirty-six in township No. seven north, and range No. nine west of the fourth principal meridian, containing thirty-seven acres of land; and with force and strong hand doth unlawfully, and unjustly, hold possession thereof— Your , therefore, prays that you will exercise the authority vested in you by law for restoring to him the possession of said premises.
.
Sworn and subscribed before me this 16th day of November, AD. 1841.
,
Mayor of the City of . Seal”
And thereupon, on the same day, to wit: the 16th day of [p. 18] November, AD. 1841, a warrant for a jury, and a summons for the , was issued, agreeably to the statute in such case made and provided; which warrant and summons are in the words and figures following, to wit:
“State of Illinois,) ss. [scilicet]
.)
To the of said ; Greeting:—
Whereas complaint is made to me, , Mayor of the City of , in the County of , and aforesaid, and a Justice of (the) Peace therein, by , that , of the , , and , aforesaid, did, some time in the month of September, AD. 1839, in the and aforesaid, without his knowledge or consent, unlawfully enter upon certain tracts of land of the said ’s situate in the and aforesaid, containing sixty-seven acres of land, and bounded as follows (to wit) The west half of the north half of the South west quarter of Section No. thirty-one, in township No. seven north, and range eight west of the fourth principal meridian, containing forty acres and one fourth of an acre, excepting ten acres across the east end of said tract of even width: also, the south half of the north half of the north-west quarter of section No. thirty-six, in township seven north, and range No. nine west of the fourth principal meridian, containing thirty-seven acres of land, and with force and strong hand doth unlawfully, and unjustly, hold possession thereof. You are, therefore, hereby commanded to summon the said to appear before me, at my office, in the City of , at 1 o’clock, P. M., on Thursday the 25th day of November, 1841, to answer in said complaint, and of this writ make legal service, and due return.
Given under my hand and seal this 16th day of November, 1841.
, Seal
Mayor of the City of , & one of the Justices of the Peace therein.”
“Dec. 9— 1841.
The above summons is continued to Thursday, the 16th [p. 19]
Inst., at 1 o’clock, P. M., at which time it will be returnable to this office.
, Seal
Mayor of the City of .”
And on the 16th day of December, 1841, , Sheriff, returned the summons, endorsed—
“I have served the within writ by reading the same to the within named .
Dec. 9th, 1841.
Serving, 50.
2 Miles travel 13½.
, Sheriff Ill.
By , D. S.”
“State of Illinois,) ss.
.)
, Mayor of the City of , County of Hancock, and State of Illinois, and a Justice of the Peace therein—
To the of said — Greeting:—
Whereas complaint is made to me by , of said , , and , for forcible detainer of the lands and tenements of said — You are, therefore, commanded on the behalf of the State of , to cause to come before me upon the 25th day of November, 1841, at 1 o’clock, P. M. at my office, in the said , , and aforesaid, twelve good and lawful men of the to inquire upon their oaths into the forcible detainer aforesaid.
Given under my hand and seal this 16th day of November, AD. 1841.
, Seal
Mayor of the city of , & one of the Justices of the Peace therein.”
“Dec. 9th, 1841.
The above warrant is continued to Thurs-day, the 16th Inst., at 1 o’clock, P. M., at which time it will be returnable to this office.
, Seal
Mayor of the city of .”
At the same time, also returned the above warrant [p. 20] endorsed—
“I hereby certify that I have duly summoned the following named jurors to appear before the of the City of , on the 16th day of Dec., 1841, at 1 o’clock, P. M., to Serve in within named case.
George Snider [Snyder], George McIntire, Samuel D. Winegar, Joshua Smith, John B. Walker, , , , Lyman Leonard, , , Wm. Woodward.
, Sheriff.”
Summoning Jury ,50.
18 Miles travel— 1.12½— 1.62½.”
The following subpoena issued by order of the ; to wit:
“State of Illinois,)
.)
The people of the State of , to , , & Jesse D. Hunter— You are hereby commanded to appear before me, at my office, on the 16th day of December, 1841, at 11 o’clock, P. M., then and there to testify the truth in a matter in suit, wherein is plaintiff, and , defendant, and this you are not to omit under the penalty of the law.
Given under my hand and seal, this 13th day of Dec. 1841.
, Seal
Mayor of .”
endorsed—
“I do hereby certify that I served the within Subpoena on the 15th Dec., 1841, by reading the same to the within named , , & Jesse D. Hunter, and herewith make due return.
, Dec. 16th, AD. 1841.
.
Sophia Robinson, & , were, likewise, sworn as witnesses for plaintiff.
The following subpoena issued by order of the ; to wit:
“State of Illinois,) ss.
.)
The people of the State of to , , & ,— You are hereby commanded to appear before me, forthwith, at the office of , to testify the truth in a matter [p. 21]
in suit, wherein is plaintiff, and , defendant, and this you are not to omit under the penalty of the law.
Given under my hand and seal, this 16th day of Dec. 1841.
, Seal
Mayor of .”
endorsed—
“I have served the within subpoena by reading the same to the within named , , & , the 16th day of December, 1841.
, Sheriff.
Fees for serving .75
4 Miles travel .25— $. 1.00.”
Joseph Smith, and , were, likewise, sworn as witnesses for the .
And afterwards, to wit, on the 16th day of December, 1841, the parties appeared before us, at the office of , in , and the said jurors and witnesses also appeared; and the parties being ready for trial, the said jurors were empanneled and sworn well and truly to try whether the complaint of , the plaintiff, then laid before them, was true according to evidence.
And the proofs and allegations of the parties being fully heard, and their title-papers exhibited to the jurors, (excepting the deed of the ,) the said jurors retired to consider on their verdict, and afterwards, on the same day, (December 16— 1841,) returned into the court, at the office aforesaid, and after being called, delivered us their verdict in writing, as follows, to wit:
,)
Vs)
.)
We, the jury find for the — no cause of action in consequence of the failing to prove his title to the land. , Dec. 16th, 1841.
, Amos Davis, Wm. Woodward, , Samuel T. Winegar, , , Joshua Smith, Lyman Leonard, George Snyder, George McIntire, John B. Walker.” [p. 22]
It is, therefore, considered by the court, , that the said retain the premises; and, also, that he recover of the said , the costs of this suit appended, taxed at fifteen dollars, and thirty-seven and a half cents, (15— 37½.) [remainder of page blank] [p. 23]

Footnotes

  1. 1

    TEXT: “Seal” enclosed in a hand-drawn representation of seal.  

  2. 2

    TEXT: “Seal” enclosed in a hand-drawn representation of seal.  

  3. 3

    TEXT: “Seal” enclosed in a hand-drawn representation of seal.  

  4. 4

    TEXT: “Seal” enclosed in a hand-drawn representation of seal.  

  5. 5

    TEXT: “Seal” enclosed in a hand-drawn representation of seal.  

  6. 6

    TEXT: “Seal” enclosed in a hand-drawn representation of seal.  

  7. 7

    TEXT: “Seal” enclosed in a hand-drawn representation of seal.