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Introduction to L. Holmes and C. Holmes v. JS and Cahoon Deed from Lory and Charles Holmes, 5 October 1836 Promissory Note to Lory and Charles Holmes, 5 October 1836–A Summons, 25 October 1837 [L. Holmes and C. Holmes v. JS and Cahoon] Declaration, circa 4 December 1837 [L. Holmes and C. Holmes v. JS and Cahoon] Transcript of Proceedings, circa 3 April 1838 [L. Holmes and C. Holmes v. JS and Cahoon] Docket Entry, Costs, circa 3 April 1838 [L. Holmes and C. Holmes v. JS and Cahoon]

Transcript of Proceedings, circa 3 April 1838 [L. Holmes and C. Holmes v. JS and Cahoon]

Source Note

Transcript of Proceedings, [
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 Co., OH, ca. 3 Apr. 1838, L. Holmes and C. Holmes v. JS and Cahoon (Geauga Co., OH, Court of Common Pleas 1838); Geauga County Court of Common Pleas, Common Pleas Record, vol. V, pp. 63–65; handwriting of Charles H. Foot; signature presumably of
Van R. Humphrey

28 July 1800–5 Sept. 1864. Teacher, lawyer, judge. Born in Goshen, Litchfield Co., Connecticut. Son of Isaiah Humphrey and Lorana Drake. Admitted to bar, 1820. Married first Stella Beach, 12 Apr. 1821, in Goshen. Moved to Hudson, Summit Co., Ohio, June 1821...

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; Geauga County Archives and Records Center, Chardon, OH. Transcription from a digital color image made of the original in 2011.

Historical Introduction

See Introduction to L. Holmes and C. Holmes v. JS and Cahoon.
Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. Transcript of Proceedings, circa 3 April 1838 [L. Holmes and C. Holmes v. JS and Cahoon] Declaration, circa 4 December 1837 [ L. Holmes and C. Holmes v. JS and Cahoon ] Summons, 25 October 1837 [ L. Holmes and C. Holmes v. JS and Cahoon ] Transcript of Proceedings, circa 3 April 1838 [ L. Holmes and C. Holmes v. JS and Cahoon ]

Page 65

for so much money before then by said plaintiffs lent and advanced to and paid laid out and expended for said defendants and at their like special instance and request: And also in the further sum of ten thousand dollars for other moneys before then by said defendants had and received to and for the use of said plaintiffs: And being so indebted they said defendants in consideration thereof afterwards to wit, on the same day and year last aforesaid at
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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aforesaid, undertook and then and there faithfully promised the said plaintiffs to pay them the said several sums of money in this count mentioned when they the said defendants should be there unto afterwards requested: And whereas also afterwards to wit, on the first day of September AD 1837 at
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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in said
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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the said defendants accounted with the said plaintiffs of and concerning divers other sums of money for the said defendants to the said plaintiffs before that time due and owing and there in arrear and unpaid and upon such accounting the said defendants were then and there found to be in arrear and indebted to the said plaintiffs in the further sum of ten thousand dollars: And being so found in arrear and indebted they the said defendants in consideration thereof afterwards to wit on the same day and year last aforesaid at
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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aforesaid undertook and then and there faithfully promised the said plaintiffs to pay them the said further sum of ten thousand dollars in this count mentioned when they the said defendants should be thereunto afterwards requested: Yet the said defendants their said several promises and undertakings in nowise regarding, but contriving &c. have not as yet paid the several sums of money in this declaration mentioned or any or either of them or any part thereof to the said plaintiffs, (although often requested &c.) but the said defendants to pay the said plaintiffs the same have hitherto wholly neglected and refused and still do neglect and refuse, To the damage of said plaintiffs of fifteen thousand dollars and therefore they sue &c. Hitchcock & Wilder Attorneys for Plaintiff.”
And now at this term of said Court that is to say at the term thereof first aforesaid come the said plaintiffs and the defendants being three times demanded to come into Court and defend this suit come not but make default. It is therefore considered by the Court that the plaintiffs recover against the defendants their damages by the Court here assessed to the sum of ten thousand and seventy one dollars and forty eight cents, and also their costs and charges by them in and about the prosecuting of this suit in that behalf expended taxed at ten dollars and thirty eight cents: And it is ordered by the Court that the defendants pay the costs and charges by them made in and about the defending of this suit taxed at sixty one cents, and in default thereof that
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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issue to collect the same.

Signature presumably of Van R. Humphrey.


Van R Humphrey

28 July 1800–5 Sept. 1864. Teacher, lawyer, judge. Born in Goshen, Litchfield Co., Connecticut. Son of Isaiah Humphrey and Lorana Drake. Admitted to bar, 1820. Married first Stella Beach, 12 Apr. 1821, in Goshen. Moved to Hudson, Summit Co., Ohio, June 1821...

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Prst [p. 65]
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Source Note

Document Transcript

Page 65

Document Information

Related Case Documents
Editorial Title
Transcript of Proceedings, circa 3 April 1838 [L. Holmes and C. Holmes v. JS and Cahoon]
ID #
4538
Total Pages
3
Print Volume Location
Handwriting on This Page
  • Charles H. Foot
  • Van R. Humphrey

Footnotes

  1. new scribe logo

    Signature presumably of Van R. Humphrey.

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