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Introduction to Halsted, Haines & Co. v. O. Granger et al. Summons, 15 October 1838 [Halsted, Haines & Co. v. O. Granger et al.] Declaration, circa 17 December 1838 [Halsted, Haines & Co. v. O. Granger et al.] Transcript of Proceedings, circa 16 April 1839 [Halsted, Haines & Co. v. O. Granger et al.] Docket Entry, Costs, circa 16 April 1839 [Halsted, Haines & Co. v. O. Granger et al.] Docket Entry, Sheriff’s Sale, 23 September 1841 [Halsted, Haines & Co. v. O. Granger et al.] Deed, 24 May 1842 [Halsted, Haines & Co. v. O. Granger et al.] Deed, 27 May 1842 [Halsted, Haines & Co. v. O. Granger et al.] Deed, 4 February 1845 [Halsted, Haines & Co. v. O. Granger et al.]

Deed, 24 May 1842 [Halsted, Haines & Co. v. O. Granger et al.]

Source Note

Erastus Spencer

30 Sept. 1805–2 Sept. 1884. Teacher, sheriff, farmer, cattle breeder. Born in New Hartland, Hartford Co., Connecticut. Son of Nathaniel Spencer and Lydia Douglas. Moved to Claridon, Geauga Co., Ohio, ca. 1811. Joined Ohio state militia, ca. 1823. Congregationalist...

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on behalf of
Oliver Granger

7 Feb. 1794–23/25 Aug. 1841. Sheriff, church agent. Born at Phelps, Ontario Co., New York. Son of Pierce Granger and Clarissa Trumble. Married Lydia Dibble, 8 Sept. 1813, at Phelps. Member of Methodist church and licensed exhorter. Sheriff of Ontario Co. ...

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, Deed for property in
Kirtland Township

Located ten miles south of Lake Erie. Settled by 1811. Organized by 1818. Latter-day Saint missionaries visited township, early Nov. 1830; many residents joined Church of Jesus Christ of Latter-day Saints. Population in 1830 about 55 Latter-day Saints and...

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, Geauga Co., OH, to John Howden, 24 May 1842, Halsted, Haines & Co. v. O. Granger et al. (Geauga Co., OH, Court of Common Pleas 1839); Lake County Deed Record, vol. C, pp. 621–622; handwriting of Benjamin D. Chesney; Lake County Recorder’s Office, Painesville, OH. Includes seals.

Historical Introduction

See Introduction to Halsted, Haines & Co. v. O. Granger et al.

Page 621

Oliver Granger

7 Feb. 1794–23/25 Aug. 1841. Sheriff, church agent. Born at Phelps, Ontario Co., New York. Son of Pierce Granger and Clarissa Trumble. Married Lydia Dibble, 8 Sept. 1813, at Phelps. Member of Methodist church and licensed exhorter. Sheriff of Ontario Co. ...

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pr
Sheriff

30 Sept. 1805–2 Sept. 1884. Teacher, sheriff, farmer, cattle breeder. Born in New Hartland, Hartford Co., Connecticut. Son of Nathaniel Spencer and Lydia Douglas. Moved to Claridon, Geauga Co., Ohio, ca. 1811. Joined Ohio state militia, ca. 1823. Congregationalist...

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to John Howden Deed.
To all People to whom these Presents shall come Greeting. Whereas
William M Halstead [Halsted]

26 July 1788–20 Nov. 1863. Clerk, merchant. Born in Elizabeth, Union Co., New Jersey. Son of Robert Halsted and Mary Mills. Presbyterian. Moved to New York City, by 1802. Married Sarah Johnson, 15 Jan. 1810. In 1823, became senior partner in Halsted, Haines...

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,
Richard T Haines

21 May 1795–21 Aug. 1870. Merchant. Born in Elizabeth, Essex Co., New Jersey. Son of Benjamin Haines and Rebecca Townley. Partner in Halsted, Haines & Co., one of largest dry-goods stores in U.S. Married first Mariah W. Johnson. Among founders of Union Theological...

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,
Richard J. Thorne

3 Feb. 1800–3 Nov. 1882. Merchant, insurance broker. Born in Goshen, Orange Co., New York. Son of Daniel Thorne and Mary Jones. Moved to New York City, by 1815. Married first Catherine Raymond, 30 Dec. 1831. Presbyterian. Joined dry goods firm of Halsted,...

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,
Matthias O. Halsted

12 July 1792–15 Apr. 1866. Clerk, merchant, lawyer, banker, land developer. Born in Elizabeth, Union Co., New Jersey. Son of Robert Halsted and Mary Mills. Presbyterian. Graduated from Princeton University, 1810, at Princeton, Mercer Co., New Jersey. Moved...

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&
James M Halstead [Halsted]

5 May 1808–22 Mar. 1888. Merchant, insurance company president. Born in Newton, Sussex Co., New Jersey. Son of Job S. Halsted and Ann McIntire. Moved to New York City, ca. 1824. Presbyterian. Married Catherine Crane, 19 Dec. 1833, in New York City. Became...

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, did, on the sixteenth day of April AD 1839 before the Court of Common Pleas of the County of
Geauga

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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, in the State of
Ohio

French explored and claimed 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...

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, recover judgment against
Oliver Granger

7 Feb. 1794–23/25 Aug. 1841. Sheriff, church agent. Born at Phelps, Ontario Co., New York. Son of Pierce Granger and Clarissa Trumble. Married Lydia Dibble, 8 Sept. 1813, at Phelps. Member of Methodist church and licensed exhorter. Sheriff of Ontario Co. ...

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, William Foster &
Oliver Cowdery

3 Oct. 1806–3 Mar. 1850. Clerk, teacher, justice of the peace, lawyer, newspaper editor. Born at Wells, Rutland Co., Vermont. Son of William Cowdery and Rebecca Fuller. Raised Congregationalist. Moved to western New York and clerked at a store, ca. 1825–1828...

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for the sum of two thousand three hundred & thirty seven dollars & twenty five cents damages, and seventeen dollars & twenty four cents costs of suit in a certain action of
assumpsit

An action brought to recover damages for breach of a simple contract or for the recovery of money. Assumpsit was a form of trespass on the case. In Ohio law, it was “the usual remedy upon promissory notes.”

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then tried & determined in said Court, wherein said
William M Halstead

26 July 1788–20 Nov. 1863. Clerk, merchant. Born in Elizabeth, Union Co., New Jersey. Son of Robert Halsted and Mary Mills. Presbyterian. Moved to New York City, by 1802. Married Sarah Johnson, 15 Jan. 1810. In 1823, became senior partner in Halsted, Haines...

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,
Richard T Haines

21 May 1795–21 Aug. 1870. Merchant. Born in Elizabeth, Essex Co., New Jersey. Son of Benjamin Haines and Rebecca Townley. Partner in Halsted, Haines & Co., one of largest dry-goods stores in U.S. Married first Mariah W. Johnson. Among founders of Union Theological...

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,
Richard J Thorne

3 Feb. 1800–3 Nov. 1882. Merchant, insurance broker. Born in Goshen, Orange Co., New York. Son of Daniel Thorne and Mary Jones. Moved to New York City, by 1815. Married first Catherine Raymond, 30 Dec. 1831. Presbyterian. Joined dry goods firm of Halsted,...

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,
Matthias O Halstead

12 July 1792–15 Apr. 1866. Clerk, merchant, lawyer, banker, land developer. Born in Elizabeth, Union Co., New Jersey. Son of Robert Halsted and Mary Mills. Presbyterian. Graduated from Princeton University, 1810, at Princeton, Mercer Co., New Jersey. Moved...

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&
James M Halstead

5 May 1808–22 Mar. 1888. Merchant, insurance company president. Born in Newton, Sussex Co., New Jersey. Son of Job S. Halsted and Ann McIntire. Moved to New York City, ca. 1824. Presbyterian. Married Catherine Crane, 19 Dec. 1833, in New York City. Became...

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were plaintiffs, & said
Granger

7 Feb. 1794–23/25 Aug. 1841. Sheriff, church agent. Born at Phelps, Ontario Co., New York. Son of Pierce Granger and Clarissa Trumble. Married Lydia Dibble, 8 Sept. 1813, at Phelps. Member of Methodist church and licensed exhorter. Sheriff of Ontario Co. ...

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, Foster &
Cowdery

3 Oct. 1806–3 Mar. 1850. Clerk, teacher, justice of the peace, lawyer, newspaper editor. Born at Wells, Rutland Co., Vermont. Son of William Cowdery and Rebecca Fuller. Raised Congregationalist. Moved to western New York and clerked at a store, ca. 1825–1828...

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were defendants as appears of record in said Court. And whereas such proceedings were afterwards had on said judgment that a writ of
alias

“Otherwise called”; a word that is “prefixed to the name of a second writ of the same kind issued in the same cause,” such as alias fieri facias.

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Fieri facias

Abbreviated “fi. fa.” It is a writ of execution “that lies for him who has recovered any debt or damages. . . . It is a command to the sheriff, that of the goods and chattels of the party he cause to be made the sum recovered by the judgment.”

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issued thereon out of said court, on the first day of March AD 1841 directed to the
Sheriff

30 Sept. 1805–2 Sept. 1884. Teacher, sheriff, farmer, cattle breeder. Born in New Hartland, Hartford Co., Connecticut. Son of Nathaniel Spencer and Lydia Douglas. Moved to Claridon, Geauga Co., Ohio, ca. 1811. Joined Ohio state militia, ca. 1823. Congregationalist...

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of said
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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commanding him, as before he had been, that of the goods & chattels of said defendants, and, for want thereof, then of the lands and tenements of said defendants, he should cause to be made the damages & costs aforesaid, & have the moneys before said Court on the first day of their next term, to answer the damages & costs aforesaid; which writ was delivered to me
Erastus Spencer

30 Sept. 1805–2 Sept. 1884. Teacher, sheriff, farmer, cattle breeder. Born in New Hartland, Hartford Co., Connecticut. Son of Nathaniel Spencer and Lydia Douglas. Moved to Claridon, Geauga Co., Ohio, ca. 1811. Joined Ohio state militia, ca. 1823. Congregationalist...

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there & still being Sheriff of said
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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; by virtue of which I, on the 9th day of March AD 1841 levied the same on the following pieces, parcels, lots & tracts of land situate in the township of
Kirtland

Located ten miles south of Lake Erie. Settled by 1811. Organized by 1818. Latter-day Saint missionaries visited township, early Nov. 1830; many residents joined Church of Jesus Christ of Latter-day Saints. Population in 1830 about 55 Latter-day Saints and...

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being township No. 9 in the 9th Range of the
Connecticut Western

Also known as New Connecticut or Connecticut Reserve. Approximately three million acres in northeastern part of present-day Ohio. Claimed as part of Connecticut, 1786. Connecticut granted jurisdiction of reserve to U.S. government, 1800. Population in 1820...

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and which is also in the County of Lake (late
Geauga

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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) to wit; all that piece known as part of lot No Eighteen in tract No one of said
Township

Located ten miles south of Lake Erie. Settled by 1811. Organized by 1818. Latter-day Saint missionaries visited township, early Nov. 1830; many residents joined Church of Jesus Christ of Latter-day Saints. Population in 1830 about 55 Latter-day Saints and...

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, bounded as follows, to wit. On the south & East by land owned by
Elijah Smith

1776–1855. Farmer. Born at Derby, New Haven Co., Connecticut. Moved to Litchfield, Litchfield Co., Connecticut. Married first Rachel Webster, 1 Oct. 1811, in Otis, Berkshire Co., Massachusetts. Moved to Mentor, Geauga Co., Ohio, before Oct. 1817. Moved to...

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; on the north, partly by the highway & partly by land owned by
Ariel [Arial] Hanson

6 Mar. 1800–28 Aug. 1862. Farmer. Born in New Salem, Franklin Co., Massachusetts. Son of William Hanson and Persis Gunn. Moved to Shelburne, Franklin Co., by 1820. Moved to Kirtland, Geauga Co., Ohio, 1821. Married Sally Ward, 4 Oct. 1829, in Cuyahoga Co....

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, on the west by
Ariel Hanson

6 Mar. 1800–28 Aug. 1862. Farmer. Born in New Salem, Franklin Co., Massachusetts. Son of William Hanson and Persis Gunn. Moved to Shelburne, Franklin Co., by 1820. Moved to Kirtland, Geauga Co., Ohio, 1821. Married Sally Ward, 4 Oct. 1829, in Cuyahoga Co....

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s land, supposed to contain seventeen acres. Also lot No thirteen in Block No 143 in the village of Kirtland in said
Township

Located ten miles south of Lake Erie. Settled by 1811. Organized by 1818. Latter-day Saint missionaries visited township, early Nov. 1830; many residents joined Church of Jesus Christ of Latter-day Saints. Population in 1830 about 55 Latter-day Saints and...

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: Also lot No fourteen in Block No 143 in said village or city reference to be had to the
Kirtland

Located ten miles south of Lake Erie. Settled by 1811. Organized by 1818. Latter-day Saint missionaries visited township, early Nov. 1830; many residents joined Church of Jesus Christ of Latter-day Saints. Population in 1830 about 55 Latter-day Saints and...

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City plat for further description, Also on divers other pieces & lots not herein described or herein after conveyed; And at the same time caused the said lands to be appraised by three disinterested freeholders of said County of Lake (formerly
Geauga

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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) and resident therein, to wit: Eliakim Brown, Nathan Daggett and L A Moody, who being then & there by me duly sworn & on actual view appraised said lands above described with said other lands; and did appraise said piece first above described at Five hundred dollars; said lot 13 secondly above described at Fifty five dollars; said lot fourteen, thirdly above described at thirty seven; and returned to me their appraisal of said lands with said other lands, a copy of which I forthwith deposited in the Office of the
Clerk

20 Sept. 1794–12 Dec. 1861. County clerk, associate judge, merchant. Born in New York. Baptized into Episcopalian church, 9 Aug. 1818, in New York. Married Laura Loomis. Moved to Brown, Stark Co., Ohio, by 1820; to Painesville, Geauga Co., Ohio; and to Chardon...

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of said Court; and I did not advertise any of said lands for sale for want of time; and I made return of said writ to said Court on the first day of their next Term viz the April Term 1841 with my official return of my proceedings thereon, the substance of which return so far as respects the lands above described is hereinbefore recited in setting forth my said proceedings. And whereas, afterwards on the 7th day of May AD 1841 a writ of ventioni exponas issued out of said Court on said judgment directed to the
Sheriff

30 Sept. 1805–2 Sept. 1884. Teacher, sheriff, farmer, cattle breeder. Born in New Hartland, Hartford Co., Connecticut. Son of Nathaniel Spencer and Lydia Douglas. Moved to Claridon, Geauga Co., Ohio, ca. 1811. Joined Ohio state militia, ca. 1823. Congregationalist...

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of said County of
Geauga

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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& delivered to me, being Sheriff as aforesaid by virtue of which I advertised & offered said lands for sale & made return at the June Term of said Court that the same remained unsold for want of bidders. And whereas afterwards on the seventeenth day of August AD 1841 an
alias

“Otherwise called”; a word that is “prefixed to the name of a second writ of the same kind issued in the same cause,” such as alias fieri facias.

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writ of
venditioni exponas

A writ of execution commanding a sheriff “to sell goods or chattels, and, in some states, lands, which he has taken in execution by virtue of a fieri facias, and which remains unsold.”

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issued out of said Court, on said judgment directed to the
Sheriff

30 Sept. 1805–2 Sept. 1884. Teacher, sheriff, farmer, cattle breeder. Born in New Hartland, Hartford Co., Connecticut. Son of Nathaniel Spencer and Lydia Douglas. Moved to Claridon, Geauga Co., Ohio, ca. 1811. Joined Ohio state militia, ca. 1823. Congregationalist...

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of said County of
Geauga

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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, commanding him, as before, to expose said lands for sale at public vendue, & have the monies before said Court at their September Term 1841 to answer the damages & costs aforesaid, which writ was delivered to me
Erastus Spencer

30 Sept. 1805–2 Sept. 1884. Teacher, sheriff, farmer, cattle breeder. Born in New Hartland, Hartford Co., Connecticut. Son of Nathaniel Spencer and Lydia Douglas. Moved to Claridon, Geauga Co., Ohio, ca. 1811. Joined Ohio state militia, ca. 1823. Congregationalist...

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then & still being Sheriff of said County of
Geauga

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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by virtue of which I on the 21st day of August AD 1841 caused a notice to be published & the same was published in the Geauga Freeman a newspaper printed in said County of
Geauga

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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& in general circulation therein, for more than thirty days preceeding the day of sale therein named, that I should offer said lands for sale at public vendue at the Court House in
Chardon

Located eight miles south of Lake Erie and immediately east of Kirtland Township. Settled by 1812. Included village of Chardon. Population of township in 1820 about 430; in 1830 about 880; and in 1840 about 1,100. Two of JS’s sisters resided in township. ...

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Geauga County on the twenty first day of September AD 1841 between the hours of Ten O clock AM and four Oclock PM of said day at which time & place I offered all [p. 621]
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Page 621

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Related Case Documents
Editorial Title
Deed, 24 May 1842 [Halsted, Haines & Co. v. O. Granger et al.]
ID #
6268
Total Pages
2
Print Volume Location
Handwriting on This Page
  • Benjamin D. Chesney

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