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William Barton vs Elijah Lincoln
Circuit Court Case File 3466
Ejectment
St. Clair County, Illinois

Transcription. File Jacket indicates this case is recorded in Record Book F2: 9, 49
Paper case file located at the Illinois State Archives, Springfield

Words in [square brackets] are additions or guesses by the transcriber.

[Document 1 - Summons]

"The People of the State of Illinois,
To the Sheriff of St Clair County, Greeting:
We command you to summon Stephen Johnson & Edward Young to be a appear before the Circuit Court of St. Clair County on the first day of the term, next to be holden at Belleville, on the first Monday of August next; to testify and the truth to speak in behalf William Barton in a certain matter of controversy depending and undetermined before our said Court, wherein Said Wm Barton is plaintiff and Elijah Lincoln defendant
This in no wise omit under the penalty of what the law directs, and have you then there this writ.

Witness The Hon. Theophilus W. Smith Judge of our said Court, at Belleville, this Sixth day of february in the year of our Lord eighteen hundred and twenty-Eight [sic].

John Hay Ck."

[reverse side of Document 1]

"Legal Servic maid by reading within the ~ to Edward Young this 25 day of July 1829 [sic]

William Barton


I read this subpoena to Stephen Johnson August 4 1829 [sic].

William Barton

Wm Barton }
v
Elijah Lincoln}
Subpa

Retble March term 1829
1st day"
[no monetary charges or mileage noted by the Sheriff]

[Document 2 - Summons]

"The People of the State of Illinois,
To the Sheriff of St Clair County, Greeting:
We command you to summon Josiah Crocker & John Rowe John Scott & Richard Vannarsdall to be a appear before the Circuit Court of St. Clair County on the Second day of the term, next to be holden at Belleville, on the first Monday of August next; to testify and the truth to speak in behalf William Barton in a certain matter of controversy depending and undetermined before our said Court, wherein Said William Barton plaintiff and Elijah Lincoln defendant
This in no wise omit under the penalty of what the law directs, and have you then there this writ.

Witness The Hon. Theophilus W. Smith Judge of our said Court, at Belleville,
this fifth day of July in the year of our Lord eighteen hundred and twenty-Eight.
John Hay Ck."

[reverse side of Document 2]

"Legal Service maid by reading the Within to Josiah Crocker this 19th day July 1828

William Barton

[No monetary charges or mileage noted by the Sheriff]

Wm Barton }
v
Elijah Lincoln}
Subpa

Retble August term 1828
1st day"

[Document 3 - Summons]

"The People of the State of Illinois,
To the Sheriff of St Clair County, Greeting:
We command you to summon Daniel S. Witter Edward Young, Elizbth Postleweight Hathaway wife of Hathaway and Stephen Johnston to be a appear before the Circuit Court of St. Clair County on the Second day of the term, next to be holden at Belleville, on the first Monday of August next; to testify and the truth to speak in behalf William Barton in a certain matter of controversy depending and undetermined before our said Court, wherein Said William Barton plaintiff and Elijah Lincoln defendant
This in no wise omit under the penalty of what the law directs, and have you then there this writ.

Witness The Hon. Theophilus W. Smith Judge of our said Court, at Belleville, this fifth day of July in the year of our Lord eighteen hundred and twenty-Eight.

John Hay Ck."

[reverse side of Document 3]

"Legal Service maid by reading the Within to Daniel S. Witter, and Edward Young this 19th day July 1828

William Barton"

[No monetary charges or mileage noted by the Sheriff]

"Wm Barton }
v
Elijah Lincoln}
Subpa

Retble August term 1828
2nd day"

[Document 4 - Summons]

"The People of the State of Illinois,
To the Sheriff of St Clair County, Greeting:
We command you to summon Josiah Crocker, John Rowe, John Scott & Richd Vanorsdall to be a appear before the Circuit Court of St. Clair County on the first day of the term, next to be holden at Belleville, on the first Monday of March next; to testify and the truth to speak in behalf of William Barton in a certain matter of controversy depending and undetermined before our said Court, wherein Said William Barton is plaintiff and Elijah Lincoln defendant
This in no wise omit under the penalty of what the law directs, and have you then there this writ.

Witness The Hon. Theophilus W. Smith Judge of our said Court, at Belleville, this 27th day of November in the year of our Lord eighteen hundred and twenty-Eight.

John Hay Ck."

[reverse side of Document 4]

"Wm Barton }
v
Elijah Lincoln}
Subpa

Retble March term 1829
1st day"

"Executed --- ..75
Miles 28 --- 1.75
Retg --- ..12 1/2
[Total] --- $2.62 1/2

John Rowe
[-?-]

William A Beaird Sheriff"

[Document 5 - Summons]

"The People of the State of Illinois,
To the Sheriff of St Clair County, Greeting:
We command you to summon Dan. S. Witter, Edd Young Elizabeth Hathaway & Stephen Johnston to be and appear before the Circuit Court of St. Clair County on the first day of the term, next to be holden at Belleville, on the first Monday of March next; to testify and the truth to speak in behalf William Barton in a certain matter of controversy depending and undetermined before our said Court, wherein Said William Barton is plaintiff and Elijah Lincoln defendant
This in no wise omit under the penalty of what the law directs, and have you then there this writ.

Witness The Hon. Theophilus W. Smith Judge of our said Court, at Belleville, this 27th day of November in the year of our Lord eighteen hundred and twenty-Eight.

John Hay Ck."

[reverse side of Document 5]

"Wm Barton }
v
Elijah Lincoln}
Subpa

Retble March term 1829
1st day"

"Executed on D.S.Witter --- ..25
Miles 12 ----------- .75 1/2
Retg --- ..12 1/2
[Total] --- $1.12 1/2

E. Young & E Harthaway
& S. Johnston not found ~

William A Beaird Sheriff"

[Document 6 - Summons]

"The People of the State of Illinois,
To the Sheriff of Clinton County, Greeting:
We command you to summon John Scott to be a appear before the Circuit Court of St. Clair County on the first day of the term, next to be holden at Belleville, on the first Monday of March next; to testify and the truth to speak in behalf of Elijah Lincoln in a certain matter of controversy depending and undetermined before our said Court, wherein William Barton is plaintiff and Elijah Lincoln defendant
This in no wise omit under the penalty of what the law directs, and have you then there this writ.

Witness The Hon. Theophilus W. Smith Judge of our said Court, at Belleville, this 24th day of February in the year of our Lord eighteen hundred and twenty-nine.

John Hay Ck."

[reverse side of Document 6]

"Elijah Lincoln }
adv
Wm Barton }
Subpa

Retble March term 1829
1st day"

"I Acknowledge Service of the within
Febuary 24th 1829

John Scott

Clinton"

[Document 7 - Summons]

"The People of the State of Illinois,
To the Sheriff of St Clair County, Greeting:
We command you to summon Josiah Crocker John Rowe, John Scott Richard Vanasdall D S Witter to be a appear before the Circuit Court of St. Clair County on the first day of the term, next to be holden at Belleville, on the first Monday of August next; to testify and the truth to speak in behalf of William Barton in a certain matter of controversy depending and undetermined before our said Court, wherein Said William Barton plaintiff and Elijah Lincoln defendant. This in no wise omit under the penalty of what the law directs, and have you then there this writ.

Witness The Honble. Theophilus W. Smith Judge of our said Court, at Belleville, this 15th day of April in the year of our Lord eighteen hundred and twenty-nine.

John Hay Ck."

[reverse side of Document 7]

"Wm Barton }
v
Elijah Lincoln}
Subpa

Retble August term 1829
1st day"

"Executed on 2 - ..50
Miles 24 ------ 1.50
Retg ----------- .12 1/2
Total ------- $2.12 1/2

Warrent as to Richard Vanorsdall John Roe and John Scott
W.A. Beaird Sheriff"

[Document 8 - Summons]

"The People of the State of Illinois,
To the Sheriff of Clinton County, Greeting:
We command you to summon John Scott to be a appear before the Circuit Court of St. Clair County on the first day of the term, next to be holden at Belleville, on the first Monday of August next; to testify and the truth to speak in behalf of Elijah Lincoln in a certain matter of controversy depending and undetermined before our said Court, wherein William Barton plaintiff and Said Elijah Lincoln is defendant
This in no wise omit under the penalty of what the law directs, and have you then there this writ.

Witness The Honble Theophilus W. Smith Judge of our said Court, at Belleville, this 15th day of April in the year of our Lord eighteen hundred and twenty-nine.
[signed] John Hay Ck."

[reverse side of Document 8]

"Elijah Lincoln }
adv
Wm Barton }
Subpa

Retble March term 1829
1st day"

"I Acnolledge the serving of the within Supena
July 28th 1829

John Scott

Clinton"

[Document 9 - Summons]

"The People of the State of Illinois,
To the Sheriff of St Clair County, Greeting:
We command you to summon Edward Young Elizabeth Hathaway & Stephen Johnston to be a appear before the Circuit Court of St. Clair County on the first day of the term, next to be holden at Belleville, on the first Monday of August next; to testify and the truth to speak in behalf of William Barton in a certain matter of controversy depending and undetermined before our said Court, wherein Said William Barton is plaintiff and Elijah Lincoln defendant. This in no wise omit under the penalty of what the law directs, and have you then there this writ.

Witness The Honble Theophilus W. Smith Judge of our said Court, at Belleville, this 15th day of April in the year of our Lord eighteen hundred and twenty-nine.

John Hay Ck."

[reverse side of Document 9]

"William Barton }
v
Elijah Lincoln }
Subpa

Retble August term 1829
1st day"

"Warrent or not[e] served by orders of Barton

Retg --- .12 1/2
William A. Beaird Sheriff"

[Document 10 - Oath]

"William Barton }
v
Elijah Lincoln }
Ejectment

Thos B. Afflick & wife }
v
Nathan Horner }
In trespass
Both in the St Clair Circuit Court"

"John Scott Makes oath who resides in the County of Clinton, makes oath that he attended said Court as a witness in said two causes from the County of Clinton distant 22 miles from Belleville, two days two days at the last March term, and four days at the present term of said Court, that in the first mentioned suit he attended at the request of defendant and in the last named suit at the request of plaintiffs ~

John Scott"

"28.70
14.25
_______

[Total]42.95"

"Sworn to before the undersigned justice of the peace
in & for St Clair County this 6th day of August 1829

John Murray"

[Document 11 - side one of four]

"State of Illinois ss.
St. Clair County & Circuit

March Term AD 1828 ~
Richard Roe was attached to answer John Doe of a plea, wherefore he the said Richard Roe with force and arms entered into all that parcel of land situate lying and being in St Clair County cald the Vanoudal farms being the north half of the North east quarter Section numbered 29 in town 2 North range six west containing [blank] acres together with a dwelling House, out houses, shacks, barns, stables, and other buildings thereon situate which Eli More 1st [demise?] had demised to the said John Doe, for a term which is not yet expired, and ejected him from his said farm. And also, wherefore the said Richard Roe, with force and arms &c entered unto, other mesuages of the said John Doe to wit all that Dwelling House, barn stable cornhouse shed, situate and being upon the following tract of land to wit, the north half of the North east quarter Section numbered 29 In town 2 North range six west containing [blank] acres ~ and also for that the said Richard Roe with like force enter'd upon the said last mentioned tract of land all lying and being situate in the County of St Clair William A Beaird hath demised to the said John Doe for a [term?] which has not yet expired: and ejected him from his said several farms; And other wrongs to the said John Doe, then and there did to the great damage of the said John Doe, and against the peace of the People &c

And thereupon the said John Doe by his Attorney Alfred Cowles complains That whereas the said Eli Moore on the [blank] day of [blank] in the year"

[side two of four] "at the County aforesaid, had demired to the said John Doe, the said tenements with the appurtenances first above mentioned, to have And also wherefore the said Richard Roe with force and arms &c Entered into one other parcel of land and the buildings thereon standing to wit dwelling Houses, barns stables corncribs cowhouses, et et situate in said County being the north half of the N E qu[arter] No 29 ~ In town 2 North range 6 west containing [blank] acres which Stephen Johnson had demired to the said John [3rd demise written in side margin] Doe for a term not yet expired and ejected him from his said several farms; And other wrongs to the said John the said Richard then & there did And also wherefore the said Richard Roe with force and arms entered into one other tract of land situate in said County and the buildings thereon situate to wit dwellinghouses barns stables cornhouses &c being the North half of the NE quarter No 29 town 2 North range 6 West containg [blank] acres, which Edward Young & William Young [fourth demise written in side margin] had demised to the said John Doe for a term not yet expired: and ejected him the said John Doe from his said several farms. And also wherefore the said Richard Roe with force and arms entered into that certian parcel of land situate in St Clair and the buildings thereon to wit ~ the north half of NE quarter No 29 Town 2 North range 6 West containing [blank] acres which Josiah Crocker had demised to the said John Doe for a term not yet expired and ejected him there upon. And also wherefore the said Richard Roe, with force and arms entered into that tenant parcel of land, and the buildings thereon situate in St Clair County being the North half of the NE qur of Sect 29 Town 2 North range 6 West containing [blank] acres [5th demise written in side margin] which James Riggin & George W Kerr had demised to the said John Doe for a term not yet expired and ejected him therefrom And thereupon the said John Doe by his Attorney complains; That whereas the said Eli Moore on the 7th day of November in the year 1827 at the County aforesaid, had demised to the said"

[side three of four]
"John Doe the said tenements from the day and year last aforesaid for the term of seven years his Heirs & assigns to be fully completed and ended -- And also, whereas the said Stephen Johnson on the day last aforesaid demised the said tenements to the said John Doe his Heirs and assigns to hold the same from said day seven years to the next completed and ended--And also whereas the said William A Beaird on the day last aforesaid had demised the said principles to the said John Doe to have & hold the same to him and his assigns for the term of seven years next after said day to be complete and ended--And Whereas also the said Edward Young & William Young on the day and year last aforesaid, cit the County aforesaid had demised the said presiss to the said John Doe & his assigns to have & hold the same for the term of seven years next after said day to be complete and ended. And whereas also the said Jonah Crocker on the day and year last aforesaid did demise to the said John Doe, the premises [unreadable words]and his assigns to hold for the term of seven years, next to be complete and ended--And whereas also the said James Riggin and George W Kerr on the day and year last aforesaid had demised to the said John Doe the tenements aforesaid to have and hold to him and his assignes for the term of seven years from said day to be complete and ended--By virtue of the said several demises The said John Doe on the 23d day of November 1827 entered unto said land & tenements with the appurtenances and became and was possessed thereof for the said several terms so to him granted respectively as aforesaid--And the said John Doe being so thereof possessed the said Richard Roe afterwards to wit on the day & year last aforesaid at the County aforesaid with force and arms entered into the same tenements and the appurtenances in which the said John Doe was [intended?] as aforesaid and for the"

[side four of four] "several terms aforesaid, which are not yet expired and ejected the said John Doe from the said several farms And other wrongs to the said John Doe the said Richard Roe then and there did to the Plffs damage one hundred Dollars and therefore he brings suit.

Alfred Cowles Atty to Pff"

"Mr. Elijah Lincoln I am informed that you are in possession of or claim title to the premises in this declaration of ejectment mentioned, or to some part thereof, and I being sued in this action as a casual ejector only and having no claim or title to the same, do advise you to appear at Belleville in St Clair County on the first monday of March next before the Court then and there to be held and by some Attorney of that Court and then and there by rule of Court the same Court to cause yourself to be made defendant in my stead, otherwise I shall [-?-] judgment therein, to be entered against me by default, and you will be turned out of possession

Dated this 11 day of February
yr. &c Richard Roe"

"John Doe ex Dem
vs
Richard Roe

In Ejectment

Costs for Plff"

"St. Clair ss. Cot
I hereby certify to the circuit Court that I did on the 20th day of February 1828 serve Elijah Lincoln tenant in possession of the premises mentioned in the declaration here unto annexed or some part thereof with a true copy of the declaration and notice [-?-] unto written and hereunto annexed by delivering the above described copy to the wife of the said Elijah Lincoln and at the same time I read to her the notice there under written and acquainted the said wife as before [-?-] of the intent and meaning of the said declaration and notice there under written

[-?-] Serving declaration by copy
[blank] --- ..62
Miles 12 --- .75
Retg --- .12 1/2
[Total] $1.50 1/2

William A Beaird
Sheriff [in] St Clair County"

"Barton
v
Lincoln"

[End William Barton vs Elijah Lincoln, 1829, Circuit Court Case File 3466: Ejectment, St. Clair County, Illinois]

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İMay 2004, posted April 2005, the St. Clair County [IL] Genealogical Society. All rights reserved. Updated 27 January 2016

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