Introduction to JS v. O. Cowdery

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Introduction to JS v. O. Cowdery Docket Entry, Continuance, 16 October 1841 [JS v. O. Cowdery] Notice, 26 January 1842 [JS v. O. Cowdery] Docket Entry, Continuance, 14 May 1842 [JS v. O. Cowdery] Docket Entry, Continuance, 15 October 1842 [JS v. O. Cowdery] Docket Entry, Continuance, 27 May 1843 [JS v. O. Cowdery] Docket Entry, Continuance, 18 October 1843 [JS v. O. Cowdery] Docket Entry, Continuance, 20 May 1844 [JS v. O. Cowdery] Docket Entry, Dismissal, 29 October 1844 [JS v. O. Cowdery] Docket Entry, circa 29 October 1844 [JS v. O. Cowdery]
Introduction to JS v. O. Cowdery
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JS v. O. Cowdery

Hancock Co., Illinois, Circuit Court, in Chancery, 29 October 1844

Historical Introduction

In October 1841, an unidentified attorney, operating on behalf of JS, sought an
injunction
A prohibitory writ “restraining a person from committing or doing an act . . . which appear[s] to be against equity and conscience.”
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against
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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in the
Hancock County
Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...
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, Illinois, Circuit Court in
chancery
The court of chancery, also known as equity, emerged in fourteenth-century England as an alternative to the common law courts, which over preceding centuries had developed complicated and strict rules of procedure, governed by precedent. Partial compliance...
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. Many of the details surrounding this case are unknown. Presumably, it revolved around an outstanding debt or financial arrangement between the two men, since at the time JS commenced this suit, he and other church leaders were particularly concerned about outstanding debts contracted in
Ohio
French explored and claimed area, 1669. British took possession following French and Indian War, 1763. Ceded to U.S., 1783. First permanent white settlement established, 1788. Northeastern portion maintained as part of Connecticut, 1786, and called Connecticut...
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and
Missouri
Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Latter-day Saint ...
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.
1
Minutes and Discourse, 1–5 Oct. 1841.
At least some of these debts likely involved Cowdery.
2
One of the charges levied against Cowdery at his April 1838 excommunication was that he was “dishonestly Retaining notes after they had been paid.” This apparently refers to a dispute over promissory notes he had received from JS and Sidney Rigdon in exchange for his share in the church printing office in Kirtland, Ohio. Although JS and Rigdon argued they had fulfilled their debt, Cowdery had not surrendered their notes. (Minutes, 12 Apr. 1838.)
Conflict over unspecified debts with Cowdery continued among some church leaders through at least December 1842.
3
At some point Cowdery apparently gave all the promissory notes from church leaders in his possession to Oliver Granger, the church’s agent in Kirtland. Granger died in 1841 before he could finalize his business, after which his son Gilbert obtained the notes, leading to additional conflicts over the debts. Cowdery blamed Oliver Granger for these developments and promised in December 1842 that if anyone tried to collect on the notes, church leaders could write to him immediately “and let the fraud be made manifest in a lawful way and that would put a stop to the whole affair.” (Phineas Young, Tiffin, OH, to Brigham Young and Willard Richards, Nauvoo, IL, 14 Dec. 1842, Brigham Young Office Files, CHL; Account with Estate of Oliver Granger, between ca. 3 Feb. and ca. 2 Mar. 1842; Memorandum of Deeds, 3 Mar. 1842.)
Comprehensive Works Cited
Brigham Young Office Files, 1832–1878. CHL. CR 1234 1.

According to the
Illinois
Became part of Northwest Territory of U.S., 1787. Admitted as state, 1818. Population in 1840 about 480,000. Population in 1845 about 660,000. Plentiful, inexpensive land attracted settlers from northern and southern states. Following expulsion from Missouri...
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law governing
chancery
The court of chancery, also known as equity, emerged in fourteenth-century England as an alternative to the common law courts, which over preceding centuries had developed complicated and strict rules of procedure, governed by precedent. Partial compliance...
View Glossary
proceedings, JS and his attorney would have initiated the suit by filing a “bill of
injunction
A prohibitory writ “restraining a person from committing or doing an act . . . which appear[s] to be against equity and conscience.”
View Glossary
” that summarized JS’s complaint against
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...
View Full Bio
.
4
Notice, 26 Jan. 1842 [JS v. O. Cowdery]; An Act Prescribing the Mode of Proceeding in Chancery [13 Feb. 1833], Public and General Statute Laws of the State of Illinois, p. 139, sec. 2.
The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.
JS’s bill is apparently not extant. Illinois law and examples of similar cases from around this time suggest that upon receiving JS’s bill, the circuit court likely issued an injunction and a summons for Cowdery.
5
An Act Prescribing the Mode of Proceeding in Chancery [13 Feb. 1833], Public and General Statute Laws of the State of Illinois, p. 139, sec. 3; Transcript, 4 Aug. 1842, Carpenter v. Wash et al. [Sangamon Co. Cir. Ct. 1842], in Benner and Davis et al., Law Practice of Abraham Lincoln.
Benner, Martha L., Cullom Davis, Daniel W. Stowell, John A. Lupton, Susan Krause, Stacy Pratt McDermott, Christopher A. Schnell, and Dennis E. Suttles, eds. The Law Practice of Abraham Lincoln: Complete Documentary Edition. 2nd ed. Springfield, IL: Illinois Historic Preservation Agency, 2009. Accessed 3 Nov. 2016. http://www.lawpracticeofabrahamlincoln.org.
However, Cowdery did not live in Illinois at the time and was practicing law in Tiffin, Ohio.
6
Cowdery was residing and practicing law in Tiffin, Ohio, as early as 1840. (Walker, “Oliver Cowdery: The First Mormon Lawyer,” Clark Memorandum, Spring 2014, 43.)
Walker, Jeffrey N. “Oliver Cowdery: The First Mormon Lawyer,” Clark Memorandum, (Spring 2014): 38–45.
In such cases, Illinois law specified that notice of proceedings against nonresidents should be published in a local newspaper.
7
An Act Prescribing the Mode of Proceeding in Chancery [13 Feb. 1833], Public and General Statute Laws of the State of Illinois, p. 140, sec. 5.
Accordingly, on 26 January 1842, JS’s attorney filed an affidavit in the
Hancock County
Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...
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Circuit Court attesting that Cowdery was not a resident of Illinois.
8
Notice, 26 Jan. 1842 [JS v. O. Cowdery].
The
clerk
16 Sept. 1820–25 Dec. 1883. Lawyer, farmer, politician. Born near Staunton, Augusta Co., Virginia. Son of William C. Davis and Sarah (Sallie) Van Lear. Lived at Augusta Co., 1830. Moved to Warsaw, Hancock Co., Illinois, by 1838. Served as Illinois circuit...
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of the court then prepared a notice instructing Cowdery to appear at the May 1842 term of the court to answer JS’s bill. The notice stated that if Cowdery failed to appear, the court would proceed as if he had confessed and rule against him. The notice was published in the Warsaw Signal nine times over succeeding months.
9
Notice, 26 Jan. 1842 [JS v. O. Cowdery]; Warsaw (IL) Signal, 9 Feb. 1842, [3]; Warsaw Signal, 16 Feb. 1842, [3]; Warsaw Signal, 23 Feb. 1842, [3]; Warsaw Signal, 9 Mar. 1842, [4]; Warsaw Signal, 23 Mar. 1842, [3]; Warsaw Signal, 23 Mar. 1842, [4]; Warsaw Signal, 27 Apr. 1842, [3]; Warsaw Signal, 4 May 1842, [2].
Warsaw Signal. Warsaw, IL. 1841–1853.
Cowdery did not appear at the May term, but the court did not rule against him.
10
Docket Entry, Continuance, 14 May 1842 [JS v. O. Cowdery].
Rather, the case was continued multiple times until the October 1844 term, when, due to JS’s death, it was dismissed “for want of prosecution.”
11
Docket Entry, Continuance, 15 Oct. 1842 [JS v. O. Cowdery]; Docket Entry, Continuance, 27 May 1843 [JS v. O. Cowdery]; Docket Entry, Continuance, 18 Oct. 1843 [JS v. O. Cowdery]; Docket Entry, Continuance, 20 May 1844; Docket Entry, Dismissal, 29 Oct. 1844 [JS v. O. Cowdery].

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.

1841 (2)
October (2)
Ca. October 1841
Bill of Injunction, Carthage, Hancock Co., IL
Ca. Oct. 1841. Not extant.
1
See Notice, 26 Jan. 1842 [JS v. O. Cowdery].

16 October 1841
Docket Entry, Continuance, Carthage, Hancock Co., IL
16 Oct. 1841; Hancock County Chancery Record, vol. A, p. 250, Hancock County Courthouse, Carthage, IL; microfilm at FHL; unidentified handwriting.

1842 (4)
January (2)
Ca. 25 January 1842
Affidavit, Hancock Co., IL
Ca. 25 Jan. 1842. Not extant.
1
See Notice, 26 Jan. 1842 [JS v. O. Cowdery]. The application referred to in the notice was presumably an affidavit, which was filed by JS’s attorney. (An Act Prescribing the Mode of Proceeding in Chancery [13 Feb. 1833], Public and General Statute Laws of the State of Illinois, p. 140, sec. 5.)

26 January 1842
Jacob Davis, Notice, Hancock Co., IL
26 Jan. 1842. Not extant.
26 Jan. 1842; Warsaw (IL) Signal, 2 Feb. 1842, [3].
1
The notice was published an additional eight times in the Warsaw Signal. (Notice, Warsaw [IL] Signal, 9 Feb. 1842, [3]; Notice, Warsaw Signal, 16 Feb. 1842, [3]; Notice, Warsaw Signal, 23 Feb. 1842, [3]; Notice, Warsaw Signal, 9 Mar. 1842, [4]; Notice, Warsaw Signal, 23 Mar. 1842, [3]; Notice, Warsaw Signal, 23 Mar. 1842, [4]; Notice, Warsaw Signal, 27 Apr. 1842, [3]; Notice, Warsaw Signal, 4 May 1842, [2].)

May (1)
14 May 1842
14 May 1842; Hancock County Chancery Record, vol. A, p. 392, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of M. Avise.

October (1)
15 October 1842
15 Oct. 1842; Hancock County Chancery Record, vol. B, p. [101], Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.

1843 (2)
May (1)
27 May 1843
27 May 1843; Hancock County Chancery Record, vol. B, p. 302, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.

October (1)
18 October 1843
18 Oct. 1843; Hancock County Chancery Record, vol. B, p. [389], Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.

1844 (4)
May (1)
20 May 1844
20 May 1844; Hancock County Chancery Record, vol. C, p. 2; microfilm at FHL; handwriting of David E. Head.

October (3)
29 October 1844
Docket Entry, Dismissal, Carthage, Hancock Co., IL
29 Oct. 1844; Hancock County Chancery Record, vol. C, p. 170; microfilm at FHL; handwriting of David E. Head.

Ca. 29 October 1844
Docket Entry, Fees, Carthage Hancock Co., IL
Ca. 29 Oct. 1844; Hancock County Circuit Court, Fee Book, vol. G, p. 485. Not extant.
1
See Docket Entry, ca. 29 Oct. 1844 [JS v. O. Cowdery].

Ca. 29 October 1844
Docket Entry, Carthage, Hancock Co., IL
Ca. 29 Oct. 1844 Hancock County Circuit Court, Judgment Docket, vol. B, p. 150, Hancock County Courthouse, Carthage, IL; image in Hancock County Papers, 1830–1872, CHL; handwriting probably of David E. Head.

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Introduction to JS v. O. Cowdery
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Footnotes
[1]
Minutes and Discourse, 1–5 Oct. 1841.
[2]
One of the charges levied against Cowdery at his April 1838 excommunication was that he was “dishonestly Retaining notes after they had been paid.” This apparently refers to a dispute over promissory notes he had received from JS and Sidney Rigdon in exchange for his share in the church printing office in Kirtland, Ohio. Although JS and Rigdon argued they had fulfilled their debt, Cowdery had not surrendered their notes. (Minutes, 12 Apr. 1838.)
[3]
At some point Cowdery apparently gave all the promissory notes from church leaders in his possession to Oliver Granger, the church’s agent in Kirtland. Granger died in 1841 before he could finalize his business, after which his son Gilbert obtained the notes, leading to additional conflicts over the debts. Cowdery blamed Oliver Granger for these developments and promised in December 1842 that if anyone tried to collect on the notes, church leaders could write to him immediately “and let the fraud be made manifest in a lawful way and that would put a stop to the whole affair.” (Phineas Young, Tiffin, OH, to Brigham Young and Willard Richards, Nauvoo, IL, 14 Dec. 1842, Brigham Young Office Files, CHL; Account with Estate of Oliver Granger, between ca. 3 Feb. and ca. 2 Mar. 1842; Memorandum of Deeds, 3 Mar. 1842.)
Brigham Young Office Files, 1832–1878. CHL. CR 1234 1.
[4]
Notice, 26 Jan. 1842 [JS v. O. Cowdery]; An Act Prescribing the Mode of Proceeding in Chancery [13 Feb. 1833], Public and General Statute Laws of the State of Illinois, p. 139, sec. 2.
[5]
An Act Prescribing the Mode of Proceeding in Chancery [13 Feb. 1833], Public and General Statute Laws of the State of Illinois, p. 139, sec. 3; Transcript, 4 Aug. 1842, Carpenter v. Wash et al. [Sangamon Co. Cir. Ct. 1842], in Benner and Davis et al., Law Practice of Abraham Lincoln.
Benner, Martha L., Cullom Davis, Daniel W. Stowell, John A. Lupton, Susan Krause, Stacy Pratt McDermott, Christopher A. Schnell, and Dennis E. Suttles, eds. The Law Practice of Abraham Lincoln: Complete Documentary Edition. 2nd ed. Springfield, IL: Illinois Historic Preservation Agency, 2009. Accessed 3 Nov. 2016. http://www.lawpracticeofabrahamlincoln.org.
[6]
Cowdery was residing and practicing law in Tiffin, Ohio, as early as 1840. (Walker, “Oliver Cowdery: The First Mormon Lawyer,” Clark Memorandum, Spring 2014, 43.)
Walker, Jeffrey N. “Oliver Cowdery: The First Mormon Lawyer,” Clark Memorandum, (Spring 2014): 38–45.
[7]
An Act Prescribing the Mode of Proceeding in Chancery [13 Feb. 1833], Public and General Statute Laws of the State of Illinois, p. 140, sec. 5.
[8]
Notice, 26 Jan. 1842 [JS v. O. Cowdery].
[9]
Notice, 26 Jan. 1842 [JS v. O. Cowdery]; Warsaw (IL) Signal, 9 Feb. 1842, [3]; Warsaw Signal, 16 Feb. 1842, [3]; Warsaw Signal, 23 Feb. 1842, [3]; Warsaw Signal, 9 Mar. 1842, [4]; Warsaw Signal, 23 Mar. 1842, [3]; Warsaw Signal, 23 Mar. 1842, [4]; Warsaw Signal, 27 Apr. 1842, [3]; Warsaw Signal, 4 May 1842, [2].
Warsaw Signal. Warsaw, IL. 1841–1853.
[10]
Docket Entry, Continuance, 14 May 1842 [JS v. O. Cowdery].
[11]
Docket Entry, Continuance, 15 Oct. 1842 [JS v. O. Cowdery]; Docket Entry, Continuance, 27 May 1843 [JS v. O. Cowdery]; Docket Entry, Continuance, 18 Oct. 1843 [JS v. O. Cowdery]; Docket Entry, Continuance, 20 May 1844; Docket Entry, Dismissal, 29 Oct. 1844 [JS v. O. Cowdery].