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Introduction to George H. Noble & Co. v. JS

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Introduction to George H. Noble & Co. v. JS Docket Entry, 26 August 1830 [George H. Noble & Co. v. JS] Docket Entry, circa 29 November 1830 [George H. Noble & Co. v. JS] Power of Attorney, 3 June 1831 [George H. Noble & Co. v. JS]

Introduction to George H. Noble & Co. v. JS

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George H. Noble & Co. v. JS
Susquehanna Co., Pennsylvania, Justice of the Peace Court, 26 August 1830
Susquehanna Co., Pennsylvania, Court of Common Pleas, circa 29 November 1830
 
Historical Introduction
In August 1830, amid “a spirit of persecution” against him in , Pennsylvania, JS arranged to leave the area with his wife, , and relocate to , New York. Before leaving, he took steps to settle a debt owed to his father-in-law, , for a thirteen-and-a-half-acre piece of land, including a frame home, barn, and other improvements, all of which he had agreed to buy in 1829. On 25 August 1830, JS borrowed $190.95 from George H. Noble & Co., a mercantile firm in Harmony. With a portion of the money, he made the final payment to Hale.
Because JS was preparing to leave the jurisdiction of the courts of , Noble sought some type of security to guarantee payment of the loan. On 26 August, the day after the loan was granted, an “” was commenced between Noble and JS, which provided an avenue to collect on the loan should JS fail to repay. JS voluntarily appeared before , a justice of the peace, and confessed judgment. Lane’s docket entry of the proceedings was filed with the prothonotary, or principal clerk, of the court of common pleas on 31 August.
By June of the following year the debt was paid. Noble authorized Levi Westfall to acknowledge payment of the debt, and the acknowledgment was filed with the prothonotary on 4 June 1831.
 
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.
 

1830 (1)

August (1)

25 August 1830

JS, Promissory Note, Harmony Township, Susquehanna Co., PA, to George H. Noble & Co.

 
Harmony Township, Susquehanna Co., Pennsylvania, Justice of the Peace Court

1830 (1)

August (1)

26 August 1830

Docket Entry, Harmony Township, Susquehanna Co., PA

  • 26 Aug. 1830. Not extant.
  • 26 Aug. 1830; Susquehanna County Prothonotary Office, Susquehanna County Courthouse, Montrose, PA; handwriting of Jesse Lane; certified and witnessed by Jesse Lane; docket and notation in handwriting of Asa Dimock Jr.
 
Susquehanna Co., Pennsylvania, Court of Common Pleas

1830 (2)

August (1)

26 August 1830

Docket Entry, Copy, Harmony Township, Susquehanna Co., PA

  • 26 Aug. 1830; Susquehanna County Prothonotary Office, Susquehanna County Courthouse, Montrose, PA; handwriting of Jesse Lane; certified and witnessed by Jesse Lane; docket and notation in handwriting of Asa Dimock Jr.

November (1)

Ca. 29 November 1830

Docket Entry, Montrose, Susquehanna Co., PA

  • Ca. 29 Nov. 1830; Susquehanna County Court of Common Pleas, Docket Book, vol. 6, p. 455, Susquehanna County Prothonotary Office, Susquehanna County Courthouse, Montrose, PA; handwriting of Asa Dimock Jr.; notation in handwriting of Asa Dimock Jr.

1831 (2)

June (2)

3 June 1831

George H. Noble & Co., Power of Attorney, to Levi Westfall, Harmony Township, Susquehanna Co., PA

  • 3 June 1831; Susquehanna County Prothonotary Office, Susquehanna County Courthouse, Montrose, PA; unidentified handwriting; docket and notation in handwriting of Asa Dimock Jr.
Ca. 4 June 1831

Receipt, Montrose, Susquehanna Co., PA

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George H. Noble & Co. v. JS, circa 29 November 1830

Editorial Title
Introduction to George H. Noble & Co. v. JS
ID #
14512
Total Pages
1
Print Volume Location
Handwriting on This Page

    Footnotes

    1. [1]

      JS History, vol. A-1, 53.

    2. [2]

      Agreement with Isaac Hale, 6 Apr. 1829; Deed from Isaac Hale and Elizabeth Hale, 25 Aug. 1830.

    3. [3]

      Vogel, Early Mormon Documents, 4:432.

      Vogel, Dan, ed. Early Mormon Documents. 5 vols. Salt Lake City: Signature Books, 1996–2003.

    4. [4]

      On the jurisdiction of justices of the peace in Pennsylvania relative to amount of damages, see An Act to Amend and Consolidate with Its Supplements the Act Entitled “An Act for the Recovery of Debts and Demands . . .” (20 Mar. 1810), Laws of the Commonwealth of Pennsylvania, vol. 5, chap. 3,249, pp. 161, 168–169, secs. 1, 14.

      Laws of the Commonwealth of Pennsylvania, from the Fourteenth Day of October, One Thousand Seven Hundred. Republished, under the Authority of the Legislature. With Notes and References. Vol. 5. Philadelphia: John Bioren, 1812.

    5. [5]

      JS’s real property in Harmony Township was bound from the time the judgment was entered in the clerk’s docket book, but it could not be sold, to satisfy the judgment, until it was shown that there was no personal property that could be sold. (An Act to Amend and Consolidate with Its Supplements the Act Entitled “An Act for the Recovery of Debts and Demands . . .” [20 Mar. 1810], Laws of the Commonwealth of Pennsylvania, vol. 5, chap. 3,249, pp. 166–167, sec. 10.)

      Laws of the Commonwealth of Pennsylvania, from the Fourteenth Day of October, One Thousand Seven Hundred. Republished, under the Authority of the Legislature. With Notes and References. Vol. 5. Philadelphia: John Bioren, 1812.

    6. [6]

      See Docket Entry, 26 Aug. 1830 [George H. Noble & Co. v. JS].

    7. [7]

      The 31 August filing of the docket entry was noted in the docket of the court of common pleas circa 29 November. By statute, the court was held in Susquehanna County during the months of January, April, August, and November. As the action was not commenced until the end of August, the next available term of court for the court of common pleas was the November term. (Docket Entry, ca. 29 Nov. 1830 [George H. Noble & Co. v. JS]; An Act to Organize for Judicial Purposes, the Counties of Bradford, Tioga, and Susquehanna, and for Other Purposes [24 Mar. 1812], Laws of the Commonwealth of Pennsylvania, vol. 5, chap. 3,513, p. 356, sec. 7.)

      Laws of the Commonwealth of Pennsylvania, from the Fourteenth Day of October, One Thousand Seven Hundred. Republished, under the Authority of the Legislature. With Notes and References. Vol. 5. Philadelphia: John Bioren, 1812.

    8. [8]

      Power of Attorney, 3 June 1831 [George H. Noble & Co. v. JS]; Docket Entry, ca. 29 Nov. 1830 [George H. Noble & Co. v. JS].