Introduction to Allen v. JS et al.

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Introduction to Allen v. JS et al. Docket Entry, circa 8 January 1838 [Allen v. JS et al.]
Introduction to Allen v. JS et al.
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Allen v. JS, Cowdery, Carter, Knight, Orton, and Cahoon

Kirtland Township, Geauga Co., Ohio, Justice of the Peace Court, 8 January 1838

Historical Introduction

In 1834, Latter-day Saints 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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, Ohio, began operating a water-powered sawmill on
Newel K. Whitney
3/5 Feb. 1795–23 Sept. 1850. Trader, merchant. Born at Marlborough, Windham Co., Vermont. Son of Samuel Whitney and Susanna Kimball. Moved to Fairfield, Herkimer Co., New York, 1803. Merchant at Plattsburg, Clinton Co., New York, 1814. Mercantile clerk for...
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’s property, allowing the church “a better opportunity to use its own resources” in constructing the
House of the Lord
JS revelation, dated Jan. 1831, directed Latter-day Saints to migrate to Ohio, where they would “be endowed with power from on high.” In Dec. 1832, JS revelation directed Saints to “establish . . . an house of God.” JS revelation, dated 1 June 1833, chastened...
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and other buildings.
1
Staker, Hearken O Ye People, 426; Johnson, Reminiscences and Journals, 18; [Warren A. Cowdery], “To the Saints Abroad,” LDS Messenger and Advocate, July 1836, 2:349.
Comprehensive Works Cited
Staker, Mark L. Hearken, O Ye People: The Historical Setting of Joseph Smith’s Ohio Revelations. Salt Lake City: Greg Kofford Books, 2009.
Johnson, Joel Hills. Reminiscences and Journals, 1835–1882. 3 vols. Joel Hills Johnson, Papers, 1835–1882. CHL. MS 1546, fds. 1–3.
Latter Day Saints’ Messenger and Advocate. Kirtland, OH. Oct. 1834–Sept. 1837.
Two years later, in an effort to transform the mill from water-powered to steam-powered production, JS,
Jared Carter
14 June 1801–6 July 1849. Born at Killingworth, Middlesex Co., Connecticut. Son of Gideon Carter and Johanna Sims. Moved to Benson, Rutland Co., Vermont, by 1810. Married Lydia Ames, 20 Sept. 1823, at Benson. Moved to Chenango, Broome Co., New York, by Jan...
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,
Reynolds Cahoon
30 Apr. 1790–29 Apr. 1861. Farmer, tanner, builder. Born at Cambridge, Washington Co., New York. Son of William Cahoon Jr. and Mehitable Hodges. Married Thirza Stiles, 11 Dec. 1810. Moved to northeastern Ohio, 1811. Located at Harpersfield, Ashtabula Co.,...
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,
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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,
Vinson Knight
14 Mar. 1804–31 July 1842. Farmer, druggist, school warden. Born at Norwich, Hampshire Co., Massachusetts. Son of Rudolphus Knight and Rispah (Rizpah) Lee. Married Martha McBride, July 1826. Moved to Perrysburg, Cattaraugus Co., New York, by 1830. Owned farm...
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, and
Roger Orton
Ca. 1799–1851. Miller. Son of Roger Orton and Esther Avery. Moved to Geneseo, Ontario Co., New York, by 1810. Married Clarissa Bicknell, ca. 1822. Baptized into Church of Jesus Christ of Latter-day Saints. Ordained an elder, by 1834. Participated in Camp ...
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formed the Kirtland Steam Company.
2
[Warren A. Cowdery], “To the Saints Abroad,” LDS Messenger and Advocate, July 1836, 2:349; Docket Entry, ca. 8 Jan. 1838 [Allen v. JS et al.].
Like other business ventures in Kirtland, the steam company apparently fell into financial difficulties during the Panic of 1837, and it failed by early 1838.
3
Johnson, The Pines Letters, 25–26.
Johnson, Laurence B., ed. The Pines Letters. [Bordentown, NJ]: By the author, [1954].
According to
John Corrill
17 Sept. 1794–26 Sept. 1842. Surveyor, politician, author. Born at Worcester Co., Massachusetts. Married Margaret Lyndiff, ca. 1830. Lived at Harpersfield, Ashtabula Co., Ohio, 1830. Baptized into Church of Jesus Christ of Latter-day Saints, 10 Jan. 1831,...
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, the church spent “some thousands of dollars in building a steam mill, which never profited them anything.”
4
Corrill, Brief History, 27.
At some point, the steam company accrued a debt of twenty-three dollars to
Matthew Allen
15 Jan. 1800–possibly before 1839. Born in Peru, Clinton Co., New York. Married Anna C. Stanclift, ca. 1830. Baptized into Church of Jesus Christ of Latter-day Saints, 3 Dec. 1836, in Kirtland, Geauga Co., Ohio. Ordained an elder, 21 Dec. 1836, in Kirtland...
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, and on 8 August 1837,
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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justice of the peace
Frederick G. Williams
28 Oct. 1787–10 Oct. 1842. Ship’s pilot, teacher, physician, justice of the peace. Born at Suffield, Hartford Co., Connecticut. Son of William Wheeler Williams and Ruth Granger. Moved to Newburg, Cuyahoga Co., Ohio, 1799. Practiced Thomsonian botanical system...
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awarded Allen the debt and assessed to the defendants $1.31½ in court costs.
5
Docket Entry, ca. 8 Jan. 1838 [Allen v. JS et al.]. An apparent clerical error reported the debt with interest totaling $20.57½.
On 16 August, as part of a stay of
execution
“The act of carrying into effect the final judgment of a court, or other jurisdiction. The writ which authorises the officer so to carry into effect such judgment is also called an execution. . . . Executions are either to recover specific things, or money...
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,
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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became surety for the payment, acquiring responsibility for both the debt and court costs if JS and the others could not or did not pay. By January 1838, the defendants had not made any payments on the debt, and justice of the peace
Warren A. Cowdery
17 Oct. 1788–23 Feb. 1851. Physician, druggist, farmer, editor. Born at Wells, Rutland Co., Vermont. Son of William Cowdery and Rebecca Fuller. Married Patience Simonds, 22 Sept. 1814, in Pawlet, Rutland Co. Moved to Freedom, Cattaraugus Co., New York, 1816...
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summoned them to appear before him on 8 January.
6
Although six defendants are listed in the docket entry, a writ of scire facias summoning the defendants to court was served on only four. The constable attempted to serve the writ on Oliver Cowdery but was unsuccessful because he had moved to Missouri in September 1837. The fact that the docket entry lists six defendants, when only five were served (or attempted to be served), may be the result of a clerical error. (Docket Entry, ca. 8 Jan. 1838 [Allen v. JS et al.].)

On the appointed day, with dissent dividing the Saints and threats of violence hounding JS, none of the defendants appeared in court. Since the defendants did not appear, the court assessed $0.57½ interest to the debt of $23, added another $1.32½ for court costs, and issued an order of execution to collect the judgment.
7
The 57½ cents of interest was calculated at six percent over five months (the time from the initial judgment on 8 Aug. 1837 to 8 Jan. 1838), according to statute. (An Act Fixing the Rate of Interest [12 Jan. 1824], The Public Statutes at Large, of the State of Ohio [1854], 3:2317–2318.)
The Public Statutes at Large, of the State of Ohio: From the Close of Chase's Statutes, February, 1833, to the Present Time. Arranged in Chronological Order. With References to the Judicial Decisions Construing Those Statutes. And a Supplement, Containing All Laws Passed Prior to February, 1833, Which Are Now in Force. 4 vols. Edited by Maskell E. Curwen. Cincinnati: By the author, 1853–1861.
On 24 January, constable
Luke Johnson
3 Nov. 1807–8 Dec. 1861. Farmer, teacher, doctor. Born at Pomfret, Windsor Co., Vermont. Son of John Johnson and Alice (Elsa) Jacobs. Lived at Hiram, Portage Co., Ohio, when baptized into Church of Jesus Christ of Latter-day Saints by JS, 10 May 1831. Ordained...
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returned the execution, stating that he was able to collect only $9.25 of the debt. Two days later, constable
James Markell
14 Oct. 1813–9 Apr. 1900. Farmer. Born in Stone Arabia, Montgomery Co., New York. Son of Peter Markell and Elizabeth Koch. Baptized into Reformed Dutch Church, 29 Jan. 1814, at Stone Arabia. Elected as constable, 3 Apr. 1837, in Kirtland, Geauga Co., Ohio...
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received $5.41 of the judgment.
8
Docket Entry, ca. 8 Jan. 1838 [Allen v. JS et al.]; Kirtland Township Trustees’ Minutes and Poll Book, 3 Apr. 1837, p. 151.
Kirtland Township Trustees’ Minutes and Poll Book, 1817–1838. Lake County Historical Society, Painesville, OH.
The defendants’ failure to satisfy the balance led
Allen
15 Jan. 1800–possibly before 1839. Born in Peru, Clinton Co., New York. Married Anna C. Stanclift, ca. 1830. Baptized into Church of Jesus Christ of Latter-day Saints, 3 Dec. 1836, in Kirtland, Geauga Co., Ohio. Ordained an elder, 21 Dec. 1836, in Kirtland...
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to bring an action 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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, the surety.
9
See Declaration, ca. 4 May 1838 [Allen v. Granger].

Calendar of Documents

This calendar lists all known documents created by or for the court, whether extant or not. It does not include versions of documents created for other purposes, though those versions may be listed in footnotes. In certain cases, especially in cases concerning unpaid debts, the originating document (promissory note, invoice, etc.) is listed here. Note that documents in the calendar are grouped with their originating court. Where a version of a document was subsequently filed with another court, that version is listed under both courts.

1837 (2)
August (2)
8 August 1837
Frederick G. Williams, Docket Entry, Kirtland Township, Geauga Co., OH
8 Aug. 1837. Not extant.
1
See Docket Entry, ca. 8 Jan. 1838 [Allen v. JS et al.].

16 August 1837
Oliver Granger, Bond, Kirtland Township, Geauga Co., OH
16 Aug. 1837. Not extant.
1
See Docket Entry, ca. 5 Feb. 1838 [Allen v. Granger].

1838 (4)
January (3)
3 January 1838
Scire Facias, Kirtland Township, Geauga Co., OH
3 Jan. 1838. Not extant.
1

Ca. 8 January 1838
Docket Entry, Kirtland Township, Geauga Co., OH
Ca. 8 Jan. 1838; Cowdery, Docket Book, p. 293; handwriting of Warren A. Cowdery; notations in handwriting of Warren A. Cowdery and James Markell.

Ca. 8 January 1838
Execution, to Luke Johnson, Kirtland Township, Geauga Co., OH
Ca. 8 Jan. 1838. Not extant.
1

April (1)
5 April 1838
Execution, Kirtland Township, Geauga Co., OH
5 Apr. 1838. Not extant.
1

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Footnotes
[1]
Staker, Hearken O Ye People, 426; Johnson, Reminiscences and Journals, 18; [Warren A. Cowdery], “To the Saints Abroad,” LDS Messenger and Advocate, July 1836, 2:349.
Staker, Mark L. Hearken, O Ye People: The Historical Setting of Joseph Smith’s Ohio Revelations. Salt Lake City: Greg Kofford Books, 2009.
Johnson, Joel Hills. Reminiscences and Journals, 1835–1882. 3 vols. Joel Hills Johnson, Papers, 1835–1882. CHL. MS 1546, fds. 1–3.
[2]
[Warren A. Cowdery], “To the Saints Abroad,” LDS Messenger and Advocate, July 1836, 2:349; Docket Entry, ca. 8 Jan. 1838 [Allen v. JS et al.].
[3]
Johnson, The Pines Letters, 25–26.
Johnson, Laurence B., ed. The Pines Letters. [Bordentown, NJ]: By the author, [1954].
[4]
Corrill, Brief History, 27.
[5]
Docket Entry, ca. 8 Jan. 1838 [Allen v. JS et al.]. An apparent clerical error reported the debt with interest totaling $20.57½.
[6]
Although six defendants are listed in the docket entry, a writ of scire facias summoning the defendants to court was served on only four. The constable attempted to serve the writ on Oliver Cowdery but was unsuccessful because he had moved to Missouri in September 1837. The fact that the docket entry lists six defendants, when only five were served (or attempted to be served), may be the result of a clerical error. (Docket Entry, ca. 8 Jan. 1838 [Allen v. JS et al.].)
[7]
The 57½ cents of interest was calculated at six percent over five months (the time from the initial judgment on 8 Aug. 1837 to 8 Jan. 1838), according to statute. (An Act Fixing the Rate of Interest [12 Jan. 1824], The Public Statutes at Large, of the State of Ohio [1854], 3:2317–2318.)
The Public Statutes at Large, of the State of Ohio: From the Close of Chase's Statutes, February, 1833, to the Present Time. Arranged in Chronological Order. With References to the Judicial Decisions Construing Those Statutes. And a Supplement, Containing All Laws Passed Prior to February, 1833, Which Are Now in Force. 4 vols. Edited by Maskell E. Curwen. Cincinnati: By the author, 1853–1861.
[8]
Docket Entry, ca. 8 Jan. 1838 [Allen v. JS et al.]; Kirtland Township Trustees’ Minutes and Poll Book, 3 Apr. 1837, p. 151.
Kirtland Township Trustees’ Minutes and Poll Book, 1817–1838. Lake County Historical Society, Painesville, OH.
[9]
See Declaration, ca. 4 May 1838 [Allen v. Granger].