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

  • Source Note
  • Historical Introduction
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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]
afterward, on the same day, (Feb. 26, 1842.) returned into court at the office aforesaid, and after being called, delivered to 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 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]
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