31695

Deed to Joseph McKune Jr., 28 June 1833

This Indenture made the Twenty Eighth day of June in the year of our Lord one thousand eight hundred and thirty three— Between Joseph Smith Junr. and Emma Smith his wife, of the Township of Kirtland

Located ten miles south of Lake Erie. Settled by 1811. Organized by 1818. Population in 1830 about 55 Latter-day Saints and 1,000 others; in 1838 about 2,000 Saints and 1,200 others; in 1839 about 100 Saints and 1,500 others. Mormon missionaries visited township...

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County of Geauga & State of Ohio of the first part, and Joseph Mc.Kune Junr

16 June 1792–25 Aug. 1861. Farmer. Born in Mamakating, Ulster Co., New York. Son of Joseph McKune, Sr. and Anna Gillett. Married Sarah Clark, 27 Apr. 1811. Moved to Harmony, Susquehanna Co., Pennsylvania, by 1817. Purchased Harmony property from JS and Emma...

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of the second part of the Township of Harmony

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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County of Susquehanna and State of Pennsylvania— Witnesseth, that the said parties of the first part, for and in consideration of the sum of three hundred Dollars to them in hand paid by the said party of the second part, at and before the ensealing and delivery hereof, the receipt and payment whereof is hereby acknowledged, have granted bargained sold, aliened, enfeoffed, released, conveyed and confirmed and by these presents do grant, bargain, sell, alien, enfeoff, release, convey and confirm unto the said party of the second part, and to his heirs and assigns all that certain piece or parcel of Land situate and lying in the Township of Harmony

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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and County of Susquehanna and State of Pa— and being a part of a Lot of land in the warrantee name of George Ruper,2

The land JS was selling to McKune. JS’s farm was originally part of a 381¾-acre parcel warranted to George Ruper on 4 April 1785. (Warrantee Township Map, Oakland Township, Susquehanna Co., PA, 28 Jan. 1976, Land Office Map Collection, Records of the Land Office, Pennsylvania State Archives, Harrisburg, PA.)  


and a part of the farm on which the said 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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now resides, Butted and bounded as follows Beginning at a post on the North bank of the susquehannah River Thence North half a degree West one hundred and Eleven perches to a post, Thence North eighty nine and a half degrees East twenty perches to a Post. thence South half a degree East one hundred and nineteen Perches to a sugar Maple tree on the bank of said River, thence down the said River as it winds & turns to the place of Beginning, Containing in the whole thirteen acres & Eighty Perches be the same more or less—3

Eighty perches is equal to half an acre. A comparison of the deed JS received from Isaac Hale in 1830 to this deed to Joseph McKune Jr. in 1833 indicates that the boundaries and development of the property had remained generally unchanged over the previous few years. (Deed from Isaac and Elizabeth Hale, 25 Aug. 1830.)  


Bounded on the East by Lands owned by Joseph Mc,Kune & on the North and west by Lands of 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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Together, with all and singular the houses,4

Archeological surveys suggest that the house was a small frame structure, measuring twenty-five by twenty feet, and included a six-foot-deep rocked cellar. (Hartgen Archeological Associates, Inc., “Archeological Field Investigations . . . Joseph Smith, Jr. House Site,” 13, 38.)  


out-houses,5

The outbuilding was likely a barn. (Knight, Reminiscences, 3.)  


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Orson Hyde handwriting begins.  


This Indenture made the Twenty Eighth day of  Aug June in the year of our Lord one thousand  eight hundred and thirty three— Between Joseph  Smith Junr. and Emma Smith his wife, of the  Township of Kirtland

Located ten miles south of Lake Erie. Settled by 1811. Organized by 1818. Population in 1830 about 55 Latter-day Saints and 1,000 others; in 1838 about 2,000 Saints and 1,200 others; in 1839 about 100 Saints and 1,500 others. Mormon missionaries visited township...

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County of Geauga & State  of Ohio of the first part, and Joseph Mc.Kune  Junr

16 June 1792–25 Aug. 1861. Farmer. Born in Mamakating, Ulster Co., New York. Son of Joseph McKune, Sr. and Anna Gillett. Married Sarah Clark, 27 Apr. 1811. Moved to Harmony, Susquehanna Co., Pennsylvania, by 1817. Purchased Harmony property from JS and Emma...

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of the second part of the Township of Har mony

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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County of Susquehanna and State of Penns ylvania— Witnesseth, that the said parties of the  first part, for and in consideration of the sum of  three hundred Dollars to them in hand paid by the  said party of the second part, at and before the  ensealing and delivery hereof, the receipt and payment1

TEXT: Possibly “pay<ment>”.  


 whereof is hereby acknowledged, have granted bargain ed sold, aliened, enfeoffed, released, conveyed and con firmed and by these presents do grant, bargain, sell,  alien, enfeoff, release, convey and confirm unto the said  party of the second part, and to his heirs and assi gns all that certain piece or parcel of Land situate  and lying in the Township of Harmony

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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and County  of Susquehanna and State of Pa— and being a part  of a Lot of land in the warrantee name of George Ru per,2

The land JS was selling to McKune. JS’s farm was originally part of a 381¾-acre parcel warranted to George Ruper on 4 April 1785. (Warrantee Township Map, Oakland Township, Susquehanna Co., PA, 28 Jan. 1976, Land Office Map Collection, Records of the Land Office, Pennsylvania State Archives, Harrisburg, PA.)  


and a part of the farm on which the said 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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now resides, Butted and bounded as follows  Beginning at a post on the North bank of the susque hannah <River> Thence North half a degree West one hundred  and Eleven perches to a post, Thence North eighty nine  and a half degrees East twenty perches to a Post. thence  South half a degree East one hundred and nineteen  Perches to a sugar Maple tree on the bank of said  River, thence down the said River as it winds & turns  to the place of Beginning, Containing in the whole thi rteen acres & Eighty Perches be the same more or less—3

Eighty perches is equal to half an acre. A comparison of the deed JS received from Isaac Hale in 1830 to this deed to Joseph McKune Jr. in 1833 indicates that the boundaries and development of the property had remained generally unchanged over the previous few years. (Deed from Isaac and Elizabeth Hale, 25 Aug. 1830.)  


 Bounded on the East by Lands owned by Joseph Mc, Kune & on the North and west by Lands of 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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 Together, with all and singular the houses,4

Archeological surveys suggest that the house was a small frame structure, measuring twenty-five by twenty feet, and included a six-foot-deep rocked cellar. (Hartgen Archeological Associates, Inc., “Archeological Field Investigations . . . Joseph Smith, Jr. House Site,” 13, 38.)  


out-houses,5

The outbuilding was likely a barn. (Knight, Reminiscences, 3.)  


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This deed transferred ownership of JS and Emma Smith’s thirteen-and-a-half-acre farm in Harmony

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, to Joseph McKune Jr.

16 June 1792–25 Aug. 1861. Farmer. Born in Mamakating, Ulster Co., New York. Son of Joseph McKune, Sr. and Anna Gillett. Married Sarah Clark, 27 Apr. 1811. Moved to Harmony, Susquehanna Co., Pennsylvania, by 1817. Purchased Harmony property from JS and Emma...

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JS originally moved to the Harmony farm in November or December 1827 and later purchased it from 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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, on 6 April 1829.1

See Agreement with Isaac Hale, 6 Apr. 1829; JS History, ca. Summer 1832, 5; and Knight, Reminiscences, 3; see also Susquehanna Co., PA, Tax Assessment Records, 1813–1865, Harmony Township, PA, Tax Record for 1828, p. [11]; Tax Record for 1829, p. [12]; Tax Record for 1830, p. [12]; Tax Record for 1831, p. [13], microfilm 1,927,832, U.S. and Canada Record Collection, FHL.  


JS agreed to pay $114 of the $200 purchase price by 1 May 1829 and the remaining balance by 1 May 1830. He made a down payment of $64 on the day the agreement was signed and another payment of $50 three weeks later, thereby meeting the first payment deadline. However, JS missed the second payment deadline, which apparently resulted in the addition of an interest penalty of an undisclosed amount to the final sale.2

Though the agreement between Isaac Hale and Joseph Smith said nothing about interest, a notation on the agreement indicates that on 21 June 1830, Hale “received the interest on the within in full up to this date.” (Agreement with Isaac Hale, 6 Apr. 1829.)  


On 25 August 1830, JS paid the remaining balance in full and Isaac Hale signed the deed to the property over to JS. John Whitmer

27 Aug. 1802–11 July 1878. Farmer, stock raiser, newspaper editor. Born in Pennsylvania. Son of Peter Whitmer Sr. and Mary Musselman. Member of German Reformed Church, Fayette, Seneca Co., New York. Baptized by Oliver Cowdery, June 1829, most likely in Seneca...

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and the justice of the peace, 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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, notarized the deed on 25 August 1830, and Elizabeth Lewis Hale

19 Nov. 1767–16 Feb. 1842. Innkeeper. Born in Litchfield Co., Connecticut. Daughter of Nathaniel Lewis and Esther Tuttle. Member of Methodist church. Moved to Wells, Charlotte Co., New York (later in Rutland Co., Vermont), 1776. Married Isaac Hale, 20 Sept...

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signed over her dowry rights on 26 August 1830.3

Deed from Isaac and Elizabeth Hale, 25 Aug. 1830. For legal analysis on the final payment of the farm, see the first volume of the Legal and Business Records series. It is unclear how JS obtained the final eighty-six dollars that he paid Hale for the property. He may have earned the money by farming, or he may have acquired the money from sales of copies of the Book of Mormon. It is also possible that he borrowed the money from a local resident or member of the fledgling church. Also on 26 August 1830, JS arranged payment for a debt he owed to a local merchant, George H. Noble. Through Jesse Lane, the same justice of the peace who certified Elizabeth Hale’s agreement of her husband’s sale of the land to JS on 26 August, JS placed a lien on his property to extend the deadline for the debt that he owed Noble. On the same day, knowing that JS could not pay him the $190.95 owed him, Noble filed an “amicable” agreement, which required JS to use his land as collateral to guarantee that he would eventually pay his debt to Noble. Since all of this business was transacted on the same day, it is possible that Hale originally owed Noble eighty-six dollars and that JS assumed that debt to cover the final payment he owed Hale for the farm. JS settled his debts with Noble by 3 June 1831. (Transcript of Judgment, 26 Aug. 1830, George H. Noble & Co. v. JS [Susquehanna Co. C.P., 1830]; George H. Noble & Co. to Levi Westfall, Power of Attorney, 3 June 1831; Susquehanna Co., PA, Court of Common Pleas, Docket Book, vol. 6, p. 455, 29 Nov. 1830, Susquehanna County Prothonotary Office, Susquehanna County Courthouse, Montrose, PA.)  


JS moved 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, in late summer 1830, and by late January 1831 he and Emma had moved to Kirtland

Located ten miles south of Lake Erie. Settled by 1811. Organized by 1818. Population in 1830 about 55 Latter-day Saints and 1,000 others; in 1838 about 2,000 Saints and 1,200 others; in 1839 about 100 Saints and 1,500 others. Mormon missionaries visited township...

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, Ohio.4

JS History, vol. A-1, 53; JS History, vol. A-1, 92–93.  


According to local tax records, Allen Treadwell apparently rented their property in Harmony

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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, but by June 1833 JS and Emma sold their Harmony property for $300 to Joseph McKune Jr.

16 June 1792–25 Aug. 1861. Farmer. Born in Mamakating, Ulster Co., New York. Son of Joseph McKune, Sr. and Anna Gillett. Married Sarah Clark, 27 Apr. 1811. Moved to Harmony, Susquehanna Co., Pennsylvania, by 1817. Purchased Harmony property from JS and Emma...

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, whose father owned the property directly east of JS’s farm.5

The 1833 tax record states that Allen Treadwell had paid the tax for the property the previous year, and the 1832 record indicates that Treadwell paid taxes on the same size of property in 1832 that JS had paid in 1831. Allen Treadwell may have been a relative of Samuel Treadwell, who owned a large piece of property to the west of the Hale farm. (Susquehanna Co., PA, Tax Assessment Records, 1813–1865, Harmony Township, PA, Tax Record for 1831, p. [13]; Tax Record for 1832, p. [15]; Tax Record for 1833, p. [8], microfilm 1,927,832, U.S. and Canada Record Collection, FHL.)  


On 28 June 1833, JS and Emma Smith had this deed drawn up. It was notarized on 3 July 1833 by Alpheus Russell

7 Apr. 1795–21 Oct. 1861. Farmer, teacher, justice of the peace. Born in Middlefield, Hampshire Co., Massachusetts. Son of Alpheus Russell and Rebekah Clark. Married Elizabeth Conant, 28 May 1818, in Becket, Berkshire Co., Massachusetts. Congregationalist...

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, the justice of the peace in Kirtland, and by a second witness, Urania Lucretia Conant Morley, and then was apparently sent to 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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. On 17 December 1834, however, it was certified again in Ohio

French explored area, 1669. British took possession following French and Indian War, 1763. Ceded to U.S., 1783. First permanent white settlement established, 1788. Northeastern portion maintained as part of Connecticut, 1786, and called Connecticut Western...

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by Daniel Kerr, an associate judge of the Geauga County

Located in northeastern Ohio, south of Lake Erie. Rivers in area include Grand, Chagrin, and Cuyahoga. Settled mostly by New Englanders, beginning 1798. Formed from Trumbull Co., 1 Mar. 1806. Chardon established as county seat, 1808. Population in 1830 about...

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Court of Common Pleas, to adhere to a Pennsylvania law that required the deed to be acknowledged by the grantor or a witness to the deed before “one of the judges of the supreme court or before one of the justices of the court of common pleas of the county,” which Alpheus Russell was not.6

Supplement to the Act, Entitled “An Act for Acknowledging and Recording of Deeds” [18 Mar. 1775], Statutes at Large of Pennsylvania, vol. 8, chap. 706, sec. 1, p. 413.  


On 29 December 1834, David D. Aiken, the clerk of the Geauga County Court of Common Pleas, recorded and certified the deed and stamped it with the county’s embossed seal. Soon thereafter the deed was sent back to Susquehanna County, Pennsylvania. There, Secku Meylert, the deputy of county recorder Christopher L. Ward, copied it into the county “Deed Book No 9” and stamped the deed with the county embossment seal. The county charged McKune $1.81 for taxes and fees associated with the filing.

Facts