Affidavit, 20 May 1844 [Phelps, Assignee of JS v. Wilson Law]
Source Note
, Affidavit, before , [], Hancock Co., IL, 20 May 1844, Phelps, Assignee of JS v. Wilson Law (Hancock Co., IL, Circuit Court 1843); handwriting of ; signatures of and ; docket by , [, Hancock Co., IL, 20 May 1844]; notation probably by , [ca. 20 May 1844]; notation by , 21 May 1844; four pages; microfilm in Circuit Court Case Files, 1830–1900, CHL. Includes redactions.
In 1844, this document was filed at the Hancock County Circuit Court in , Illinois. Sometime in the ensuing decades, it was transferred to the Illinois State Archives. In 2000, the Micrographic Services Division of the Illinois State Archives microfilmed a subset of Hancock County Circuit Court case files from 1830 to1900 that were descriptively titled, “Cases pertaining to Mormon residents.” In 2000, staff of the Church Historical Department (now CHL) obtained a copy of this microfilm from Karl Moore, a managing archivist of the Illinois Regional Archives Depository (IRAD) program. In 2013, the microfilm was cataloged. Subsequent efforts by the Joseph Smith Papers Project to locate the original records at the IRAD depository for Hancock County records were unsuccessful. As of 2022, the document is unlocated.
of said notes was not assigned at a time long after the same became due and that the said Smith then held the same that said Moore is an itinerant person doing business about the Country but makes his home at <Adams Co> Illinois that a subpoena was sent to for said Moore and is not returned and that this does not Know, now, where to find said Moore but, expected he would be in attendance at this Court
That he has not had time since he was summoned in this Cause to obtain said witnesses that said resides some 150 miles from this
That he Knows of no other persons by Whom he can prove the same facts &c
That said notes were both in the possession of said Smith and not endorsed as assigned long after they became <due>.
This further <states> that he has a just and true defense to both of said notes that he has paid said Smith after the making the same <and which the same were held by him> in money and goods and services rendered at his request Six hundred and twelve dollars & 93-cts to more than the amount of said notes which was designed as payment & by instruction of said notes and which is set forth in the account hereunto annexed Marked /A/ And that he can as he believes prove the same and that he holds notes against the said Smith as offset to said notes to the amount of $400.00
That he justly owes nothing on said notes if he is allowed his just offset to the same And this states that he expects to prove by said Moore that said notes were fraudulently assigned after due and the assignment dated back before the same became due to Cut [p. [2]]