Introduction to Phelps, Assignee of JS v. Wilson Law, Page 1
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Introduction to Phelps, Assignee of JS v. Wilson Law Promissory Note from Wilson Law, 24 January 1842–A Promissory Note from Wilson Law, 24 January 1842–B Summons, 4 May 1844 [Phelps, Assignee of JS v. Wilson Law] Declaration, circa 8 May 1844 [Phelps, Assignee of JS v. Wilson Law] Subpoena, 16 May 1844 [Phelps, Assignee of JS v. Wilson Law] Affidavit, 20 May 1844 [Phelps, Assignee of JS v. Wilson Law] Docket Entry, Motion, 20 May 1844 [Phelps, Assignee of JS v. Wilson Law] Docket Entry, Continuance and Order to Plead, 21 May 1844 [Phelps, Assignee of JS v. Wilson Law] Docket Entry, Leave to Amend Declaration, 22 May 1844 [Phelps, Assignee of JS v. Wilson Law] Docket Entry, Leave to Open Depositions, 22 October 1844 [Phelps, Assignee of JS v. Wilson Law] Account, circa 23 October 1844 [Phelps, Assignee of JS v. Wilson Law] Docket Entry, Leave to Plead, 24 October 1844 [Phelps, Assignee of JS v. Wilson Law] Docket Entry, Pleas, 24 October 1844 [Phelps, Assignee of JS v. Wilson Law] Affidavit, 1 November 1844–A [Phelps, Assignee of JS v. Wilson Law] Affidavit, 1 November 1844–B [Phelps, Assignee of JS v. Wilson Law] Docket Entry, Continuance and Costs, 1 November 1844 [Phelps, Assignee of JS v. Wilson Law] Docket Entry, Fieri Facias, between 1 November 1844 and circa 17 February 1845 [Phelps, Assignee of JS v. Wilson Law] Docket Entry, Fee Bill, between 22 November 1844 and circa 17 February 1845 [Phelps, Assignee of JS v. Wilson Law] Docket Entry, Security for Costs, 19 May 1845 [Phelps, Assignee of JS v. Wilson Law] Docket Entry, Nonsuit and Withdrawal of Papers, 21 May 1845 [Phelps, Assignee of JS v. Wilson Law] Docket Entry, circa 21 May 1845 [Phelps, Assignee of JS v. Wilson Law] Affidavit, 26 May 1845 [Phelps, Assignee of JS v. Wilson Law] Affidavit, 27 May 1845 [Phelps, Assignee of JS v. Wilson Law] Docket Entry, Fieri Facias, between 21 May and circa 4 August 1845 [Phelps, Assignee of JS v. Wilson Law] Certificate, 11 May 1846 [Phelps, Assignee of JS v. Wilson Law] Certificate, 11 May 1846, as Recorded in Old Certificates of Purchase, Levy, and Redemption [Phelps, Assignee of JS v. Wilson Law] Docket Entry, Alias Fee Bill, between 16 February and circa 11 May 1846 [Phelps, Assignee of JS v. Wilson Law] Praecipe, 28 May 1846 [Phelps, Assignee of JS v. Wilson Law] Docket Entry, Alias Fieri Facias, between 2 June and circa 4 July 1846 [Phelps, Assignee of JS v. Wilson Law] Docket Entry, Alias Fieri Facias, between 4 June and circa 4 July 1846 [Phelps, Assignee of JS v. Wilson Law] Certificate, 5 May 1847 [Phelps, Assignee of JS v. Wilson Law]

Introduction to Phelps, Assignee of JS v. Wilson Law

Page

Phelps, Assignee of JS v. Wilson Law
Hancock Co., Illinois, Circuit Court, 21 May 1845
 
Historical Introduction
Acting on JS’s instructions, initiated a suit against in the , Illinois, circuit court in May 1844 to recover payment for two Law had given JS. On 24 January 1842, Law and his brother arranged to purchase from JS a fractional lot in , Illinois, where they could build a combined steam sawmill and flour mill. In exchange for the property, Wilson Law promised to pay JS $600 in three installments of $200, due in January of 1843, 1844, and 1845. Despite this schedule, by May 1844 Law had made only one recorded payment on 20 March 1844 for $144.50. By that time, the relationship between JS and Law had soured and Law had been excommunicated.
On 1 May 1844, JS renegotiated a separate debt with Joshua J. Moore. In this settlement, Moore returned a promissory note JS had given him in exchange for one of the notes had given JS. Moore then sought out Law to arrange payment on the note; however, Law refused to pay Moore, arguing that the debt had already been fulfilled. The next day, JS sent to meet with Law to better understand his refusal. At this meeting the Law brothers argued that they had borrowed money to rescue JS after he was arrested in the summer of 1843 as part of ’s third extradition attempt and that these funds offset their debt to JS. Clayton dismissed these claims, believing that Wilson Law had already been reimbursed for his expenses. When JS learned that Law still refused to pay the note, he ordered , one of his scribes, to sue Law to recover the debt. Ultimately, , another one of JS’s scribes, brought a suit against Law instead. In preparation for the suit, JS assigned the two promissory notes that had come due to Phelps. JS dated the assignments to 1 January 1843.
By 4 May 1844, initiated an suit against seeking repayment of $350, the remaining principal and interest due on the notes. The declaration Phelps’s attorney, , filed with the court argued that the notes had been “regularly assigned” to Phelps by JS and that Law had “wholly Disregarded” his promises to pay the amounts due. The case was scheduled to be heard at the May 1844 session of the Hancock County Circuit Court. However, two of Law’s key witnesses— and Moore—were not able to attend the court when the case came to trial, so Law petitioned for a , which was granted. In his affidavit seeking a continuance, Law argued that he could provide accounts of “money and goods and services rendered” to JS that would more than offset the amount due in the notes. Furthermore, Law stated that Patrick and Moore could testify that they had been in possession of the two notes in early May 1844 and that the notes had been “fraudulently assigned” to Phelps and backdated as a means to “Cut off” Law’s claim that he had repaid his debt to JS. Law’s formal plea at the October 1844 session of the circuit court repeated these claims. Although Law consistently claimed that he had redeemed his debt to JS, the amount of money he claimed to have paid and when he claimed to have paid it changed over time. In May 1845, the case was at the request of Phelps’s attorney, and Phelps was ordered to pay the costs of the suit. Subsequent attempts to recover the costs from Phelps were unsuccessful.
 
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.
 

1842 (2)

January (2)

24 January 1842

Wilson Law, Promissory Note, Nauvoo, Hancock Co., IL, to JS, 24 Jan. 1842–A

24 January 1842

Wilson Law, Promissory Note, Nauvoo, Hancock Co., IL, to JS, 24 Jan. 1842–B

 
Hancock Co., Illinois, Circuit Court

1844 (23)

May (8)

4 May 1844

David E. Head on behalf of Jacob B. Backenstos, Summons, to Hancock Co. Sheriff, for Wilson Law, Carthage, Hancock Co., IL

  • 4 May 1844; private possession; photocopy at Joseph Smith Papers; printed form with manuscript additions in handwriting of David E. Head; docket printed with manuscript additions in handwriting of David E. Head; notations printed with manuscript additions in handwriting of William Backenstos; notation in handwriting of David E. Head.
Ca. 8 May 1844

George Stiles on behalf of William W. Phelps assignee of JS, Declaration, Hancock Co., IL

  • Ca. 8 May 1844; Hancock County Courthouse, Carthage, IL; microfilm 1,637,612 at FHL; handwriting of George Stiles; docket and notation in handwriting of David E. Head with signature of Jacob B. Backenstos.
11 May 1844

Subpoena, Hancock Co., IL

  • 11 May 1844; private possession.
16 May 1844

Jacob B. Backenstos, Subpoena, Carthage, Hancock Co., IL, to Lee Co. Sheriff, for Shepherd Patrick

  • 16 May 1844; microfilm in Circuit Court Case Files, 1830–1900, CHL; printed form with manuscript additions in handwriting of Jacob B. Backenstos; docket printed with manuscript additions in handwriting of Jacob B. Backenstos; notations printed with manuscript additions in handwriting of James Campbell.
20 May 1844

Wilson Law, Affidavit, before Jacob B. Backenstos, Carthage, Hancock Co., IL

  • 20 May 1844; microfilm in Circuit Court Case Files, 1830–1900, CHL; handwriting of Onias Skinner; signatures of Wilson Law and Jacob B. Backenstos; docket in handwriting of Onias Skinner; notation probably in handwriting of David E. Head; notation in handwriting of Jacob B. Backenstos.
20 May 1844

Docket Entry, Motion, Carthage, Hancock Co., IL

  • 20 May 1844; Hancock County Circuit Court Record, vol. D, p. 84, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
21 May 1844

Docket Entry, Continuance and Order to Plead, Carthage, Hancock Co., IL

  • 21 May 1844; Hancock County Circuit Court Record, vol. D, p. [101], Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
22 May 1844

Docket Entry, Leave to Amend Declaration, Carthage, Hancock Co., IL

  • 22 May 1844; Hancock County Circuit Court Record, vol. D, p. [105], Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.

July (1)

10 July 1844

Plea, Hancock Co., IL

  • 10 July 1844; private possession.

August (1)

6 August 1844

Affidavit, Hancock Co., IL

  • 6 Aug. 1844; private possession.

September (1)

28 September 1844

Subpoena, Hancock Co., IL

  • 28 Sept. 1844; private possession.

October (5)

22 October 1844

Docket Entry, Leave to Open Depositions, Carthage, Hancock Co., IL

  • 22 Oct. 1844; Hancock County Circuit Court Record, vol. D, p. [179], Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
Ca. 23 October 1844

JS, Account, to Wilson Law, Rock Co., IL

  • Ca. 23 Oct. 1844; Claims on the estates of Joseph and Hyrum Smith, 1844–1845, BYU; unidentified handwriting; docket and notation in handwriting of Jacob B. Backenstos; notation in handwriting of David E. Head.
24 October 1844

Docket Entry, Leave to Plead, Carthage, Hancock Co., IL

  • 24 Oct. 1844; Hancock County Circuit Court Record, vol. D, p. 196, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
24 October 1844

Pleas, Hancock Co., IL

  • 24 Oct. 1844; private possession.
24 October 1844

Docket Entry, Pleas, Carthage, Hancock Co., IL

  • 24 Oct. 1844; Hancock County Circuit Court Record, vol. D, p. [197], Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting possibly of J. H. Baker.

November (7)

1 November 1844

Robert D. Foster, Affidavit, before David E. Head on behalf of Jacob B. Backenstos, Carthage, Hancock Co., IL, 1 Nov. 1844–A

  • 1 Nov. 1844; microfilm in Circuit Court Case Files, 1830–1900, CHL; printed form with manuscript additions in handwriting of David E. Head; signature of Robert D. Foster; notation in handwriting of David E. Head; docket and notation in handwriting of Jacob B. Backenstos.
1 November 1844

William Law, Affidavit, before David E. Head on behalf of Jacob B. Backenstos, Carthage, Hancock Co., IL, 1 Nov. 1844–B

  • 1 Nov. 1844; microfilm in Circuit Court Case Files, 1830–1900, CHL; printed form with manuscript additions in handwriting of David E. Head; signature of William Law; notation in handwriting of David E. Head; docket and notation in handwriting of Jacob B. Backenstos.
1 November 1844

Docket Entry, Continuance and Costs, Carthage, Hancock Co., IL

  • 1 Nov. 1844; Hancock County Circuit Court Record, vol. D, p. [227], Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
22 November 1844

Fieri Facias, Carthage, Hancock Co., IL

22 November 1844

Fee Bill, Carthage, Hancock Co., IL

Ca. November 1844

Docket Entry, Fee Bill, Carthage, Hancock Co., IL, ca. Nov. 1844–A

Ca. November 1844

Docket Entry, Fee Bill, Carthage, Hancock Co., IL, ca. Nov. 1844–B

1845 (11)

February (2)

Between 1 November 1844 and ca. 17 February 1845

Docket Entry, Fieri Facias, Carthage, Hancock Co., IL

  • Between 1 Nov. 1844 and ca. 17 Feb. 1845; Hancock County Circuit Court, Execution Docket, vol. B, p. [197], Hancock County Courthouse, Carthage, IL; image in Hancock County Papers, 1830–1872, CHL; unidentified handwriting.
Between 22 November 1844 and ca. 17 February 1845

Docket Entry, Fee Bill, Carthage, Hancock Co., IL

  • Between 22 Nov. 1844 and ca. 17 Feb. 1845; Hancock County Circuit Court, Execution Docket, vol. B, p. [218], Hancock County Courthouse, Carthage, IL; image in Hancock County Papers, 1830–1872, CHL; unidentified handwriting.

May (5)

19 May 1845

Docket Entry, Security for Costs, Carthage, Hancock Co., IL

  • 19 May 1845; Hancock County Circuit Court Record, vol. D, p. [237], Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of J. H. Baker.
21 May 1845

Docket Entry, Nonsuit and Withdrawal of Papers, Carthage, Hancock Co., IL

  • 21 May 1845; Hancock County Circuit Court Record, vol. D, p. [259], Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
Ca. 21 May 1845

Docket Entry, Carthage, Hancock Co., IL

  • Ca. 21 May 1845; handwriting possibly of David E. Head; Hancock County Circuit Court, Judgment Docket, vol. B, p. 124, Hancock County Courthouse, Carthage, IL; image in Hancock County Papers, 1830–1872, CHL.
26 May 1845

Robert D. Foster, Affidavit, before J. H. Baker on behalf of David E. Head, Carthage, Hancock Co., IL

  • 26 May 1845; microfilm in Circuit Court Case Files, 1830–1900, CHL; printed form with manuscript additions in handwriting of J. H. Baker; signature of Robert D. Foster; docket and notation in handwriting of David E. Head.
27 May 1845

William Law, Affidavit, before David E. Head, Carthage, Hancock Co., IL

  • 27 May 1845; microfilm in Circuit Court Case Files, 1830–1900, CHL; printed form with manuscript additions in handwriting of David E. Head; signature of William Law; docket and notation in handwriting of David E. Head.

June (3)

7 June 1845

Costs, Hancock Co., IL

  • 7 June 1845; private possession.
14 June 1845

Fieri Facias, Carthage, Hancock Co., IL

Ca. June 1845

Docket Entry, Fee Bill, Carthage, Hancock Co., IL

August (1)

Between 21 May and ca. 4 August 1845

Docket Entry, Fieri Facias, Carthage, Hancock Co., IL

  • Between 21 May and ca. 4 Aug. 1845; Hancock County Circuit Court, Execution Docket, vol. B, p. [259], Hancock County Courthouse, Carthage, IL; image in Hancock County Papers, 1830–1872, CHL; handwriting probably of David E. Head and unidentified scribe.

1846 (10)

February (1)

16 February 1846

Alias Fee Bill, Carthage, Hancock Co., IL

May (3)

Between 16 February and ca. 11 May 1846

Docket Entry, Alias Fee Bill, Carthage, Hancock Co., IL

  • Between 16 Feb. and ca. 11 May 1846; handwriting probably of David E. Head; Hancock County Circuit Court, Execution Docket, vol. C, p. [22], Hancock County Courthouse, Carthage, IL; image in Hancock County Papers, 1830–1872, CHL.
11 May 1846

H. G. Ferris on behalf of Jacob B. Backenstos, Certificate, Hancock Co., IL

  • 11 May 1846; Hancock County Courthouse, Carthage, IL; printed form with manuscript additions in handwriting of unidentified scribe; signature block in handwriting of H. G. Ferris; docket in handwriting of H. G. Ferris; notation in handwriting of Chauncey Robison; notation in unidentified handwriting; notation in handwriting of Melgar Couchman; notation in handwriting of Melancton S. Carey.
  • Ca. 5 May 1847; Hancock County Sheriff, Old Certificates of Purchase, Levy, and Redemption, pp. 267–268, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of Melancton S. Carey.
28 May 1846

Jacob B. Backenstos, Praecipe, Carthage, Hancock Co., IL

  • 28 May 1846; microfilm in Circuit Court Case Files, 1830–1900, CHL; handwriting of unidentified scribe and Jacob B. Backenstos; docket and notations in handwriting of David E. Head; notation in unidentified handwriting.

June (3)

2 June 1846

Continuance, Hancock Co., IL

  • 2 June 1846; private possession.
2 June 1846

Alias Fieri Facias, Carthage, Hancock Co., IL

4 June 1846

Alias Fieri Facias, Carthage, Hancock Co., IL

July (3)

Between 2 June and ca. 4 July 1846

Docket Entry, Alias Fieri Facias, Carthage, Hancock Co., IL

  • Between 2 June and ca. 4 July 1846; Hancock County Circuit Court, Execution Docket, vol. C, p. [37], Hancock County Courthouse, Carthage, IL; image in Hancock County Papers, 1830–1872, CHL; handwriting of unidentified scribe and J. H. Baker.
Between 4 June and ca. 4 July 1846

Docket Entry, Alias Fieri Facias, Carthage, Hancock Co., IL

  • Between 4 June and ca. 4 July 1846; Hancock County Circuit Court, Execution Docket, vol. C, p. [39], Hancock County Courthouse, Carthage, IL; image in Hancock County Papers, 1830–1872, CHL; handwriting probably of David E. Head.
16 July 1846

Fee Bill, Hancock Co., IL

  • 16 July 1846; private possession.

1847 (1)

May (1)

5 May 1847

Melgar Couchman, Certificate, Hancock Co., IL

  • 5 May 1847. Not extant.
  • Ca. 6 May 1847; Hancock County Sheriff, Old Certificates of Purchase, Levy, and Redemption, pp. 347–348; Hancock County Courthouse, Carthage, IL; microfilm 955,142 at FHL; handwriting of Melancton S. Carey.
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Editorial Title
Introduction to Phelps, Assignee of JS v. Wilson Law
ID #
19765
Total Pages
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    Footnotes

    1. [1]

      Clayton, Journal, 2 May 1844; JS, Journal, 24 Jan. 1842; Summons, 4 May 1844 [Phelps, Assignee of JS v. Wilson Law]. Although the deed for the property claimed that Wilson Law had paid JS $900, Trustee Land Book A states that Law only promised to pay $600 in three installments. JS apparently promised to remit the remaining $300 if Law finished construction on the mill within the year. The information from the land book matches the three promissory notes Law gave to JS on 24 January 1842. (Deed to Wilson Law, 24 Jan. 1842; Promissory Note from Wilson Law, 24 Jan. 1842–A; Promissory Note from Wilson Law, 24 Jan. 1842–B ; Promissory Note from Wilson Law, 24 Jan. 1842–C; Trustees Land Book A, Galland Purchase, block 135, lot 3; block 152, lots 1 and 2.)

      Clayton, William. Journals, 1842–1845. CHL.

    2. [2]

      Declaration, ca. 8 May 1844 [Phelps, Assignee of JS v. Wilson Law].

    3. [3]

      Notice, Times and Seasons, 18 Apr. 1844, 5:511; Woodruff, Journal, 18 Apr. 1844.

      Times and Seasons. Commerce/Nauvoo, IL. Nov. 1839–Feb. 1846.

      Woodruff, Wilford. Journals, 1833–1898. Wilford Woodruff, Journals and Papers, 1828–1898. CHL. MS 1352.

    4. [4]

      Clayton, Journal, 1–2 May 1844.

      Clayton, William. Journals, 1842–1845. CHL.

    5. [5]

      Clayton, Journal, 2 May 1844; Declaration, ca. 8 May 1844 [Phelps, Assignee of JS v. Wilson Law].

      Clayton, William. Journals, 1842–1845. CHL.

    6. [6]

      Summons, 4 May 1844 [Phelps, Assignee of JS v. Wilson Law].

    7. [7]

      Declaration, ca. 8 May 1844 [Phelps, Assignee of JS v. Wilson Law].

    8. [8]

      Summons, 4 May 1844 [Phelps, Assignee of JS v. Wilson Law]; Affidavit, 20 May 1844 [Phelps, Assignee of JS v. Wilson Law].

    9. [9]

      Affidavit, 20 May 1844 [Phelps, Assignee of JS v. Wilson Law]; Beehive Antiques, “Mormon Documents,” lot 21. Under Illinois law, defendants could provide evidence of “any fraud or circumvention” in cases connected with promissory notes or other written contracts as part of their pleas, and such evidence, if upheld, would render the debts “clearly and utterly void.” (An Act relative to Promissory Notes, Bonds, Due-bills, and Other Instruments in Writing, and Making Them Assignable [3 Jan. 1827], Public and General Statute Laws of the State of Illinois, p. 527, sec. 6; An Act for the Prevention of Frauds and Perjuries [16 Feb. 1827], Public and General Statute Laws of the State of Illinois, p. 315, sec. 2.)

      Beehive Antiques. “Mormon Documents.” Catalogue 30. Salt Lake City, 2007.

      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.

    10. [10]

      In his conversation with William Clayton prior to the suit, Law cited only a $400 loan he had taken out on JS’s behalf in 1843. In his May 1844 affidavit to the court, Law further specified he had paid $612.93 to JS and held promissory notes against JS for $400. In October 1844, however, Law’s plea and an account he submitted to the court claimed that between January and May 1844, Law had paid JS $500 in money, $500 in “work & labor,” $500 in materials furnished, $500 in goods sold, $500 in “labor & services,” $500 in cash lent, $500 in cash owed by JS, and $500 in money given to JS for Law’s benefit, totaling $4,000. (Clayton, Journal, 2 May 1844; Affidavit, 20 May 1844 [Phelps, Assignee of JS v. Wilson Law]; Account, ca. 23 Oct. 1844 [Phelps, Assignee of JS v. Wilson Law]; Beehive Antiques, “Mormon Documents,” lot 21.)

      Clayton, William. Journals, 1842–1845. CHL.

      Beehive Antiques. “Mormon Documents.” Catalogue 30. Salt Lake City, 2007.

    11. [11]

      Docket Entry, Nonsuit and Withdrawal of Papers, 21 May 1845 [Phelps, Assignee of JS v. Wilson Law].

    12. [12]

      Docket Entry, Fieri Facias, between 21 May and ca. 4 Aug. 1845 [Phelps, Assignee of JS v. Wilson Law] .

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