#52Ancestors #Conflict
Do you have copies of records that have never been transcribed? I know that I have quite a few in my files. That is one of the reasons I’m going back thru my direct line ancestors and creating narrative reports. In the process of creating those reports, I’m making sure I work on transcribing their records.
I recently started working to update the descendants of Hiram M. Currey of Peoria County, Illinois. In the process, I noticed a fact for a land dispute with an incomplete source. That source turned out to be Box 29 from the Peoria County, Illinois court records for the H. M. Curry vs Isaac Underhill case.
Unfortunately, the documents in the box do not indicate who won the court case.
Below is a transcription of those documents:
Peoria County, Illinois
Court Records Box 29H.M. Curry vs Isaac Underhill
Copy obtained by Fred Vatko (Peoria County Genealogical Society)
Quincy
No 8250
Hiram M Curry
Recd in letter from this
[Honl] John T Stuart, dated
30 Dec 1839Sec Comm & reply of
The 2 Jany 1840
———————————————————
State Bank of [Illinois] 45 {?] 4.20
Receiver’s Office, Quincy, Illinois
No. 8250
May 30 1836
Received from Hiram M Currey
Of Peoria County, Illinois the sum of
Forty four
Dollars and twenty cents, being in full payment for the
Southwest fractional
Quarter of section five
Township No. Ten north of the base line of Range Nine
East of the 4th principal meridian, containing thirty five
Acres and 36/100 of an acre at the rate of one dollar and twenty-five cents per acre
$44.20 Tho Carlin receiverPre act 1834
Conflicting with county
7392
No. 8250
30 May 1836
I Hiram M Curry
Of Peoria
County, and State of Illinois do hereby apply for the purchase of the South
West fractional qr of section numbered five
in township numbered ten north of range numbered
Nine East of the fourth principal meridian
containing thirty five 36/100 acres
35.36
8.84
44.20
According to the returns of the Surveyor General, for which I have agreed with the Register to
give at the rate of one dollar and twenty five cents per acre.I, Samuel Alexander, Register of the Land Office at Quincy, Illinois, do hereby certify
that the quarter section above described, contains 35 36
acres, as mentioned; and that the price agreed upon is $1.25 per acre
Re Act 1834
[?]icting 7392
Saml Alexander, Register[CUMBERLAND COUNTY}
State of illinois
Peoria CountyI Thomas Phillips County Surveyor within & for the aforesaid county; do
hereby state on oath, that I surveyed in the year 1837 fractional section
#5 10 North Range 9 East of the 4th principal meridian; and that no part of
the south west fractional quarter of the fractional section aforesaid bore any
appearance of ever having been enclosed or cultivated. The cultivation by which
it appears Hiram M Currey proved a right of presumption to the said fractional
quarter; was on the adjoining patented quarter. The nearest part of the said cultivation
does not come within fourteen chains, of the fractional quarter claimed by Curry.
deponent further states that certificate signed by himself and forwarded to the
commissioner of the general land office certifying that “Curry’s improvements
were on said fraction aforesaid; was an imposition practised on said deponent
by one Charles Balla[ne] of Peoria, Ills; and that said deponent signed the same
without fully understanding the contents of said certificate; said deponent
further states from the best of his knowledge & belief the above plat of said
fractional qtr claimed by Curry is a correct on; given under my
hand this twenty fourth day of May in the year
One thousand eight hundred & thirty Eight
[?] Phillips CSPCSubscribed and sworn to before me William Mitchell
Clerk of the County Commissioners Court within and
For the County of Peoria and State of Illinois this
26 day of May AD 1838. Given under my hand
and seal of said Court of Peoria
this 26 day of May AD 1838
William Mitchell
Clerk
Survey & Affidavit of
Thos Philipps County Surveyor
Peoria Cy Ill. Relative to
Twp 5 10N 9EIn relation to Hiram M
Curry’s claim to sd qr section
G.S.O.
Fifled by King & Wilson 9th
Jun 1838
C.S.P.Rec’d June 1838
Surveyor’s Office
Peoria County
State of IllinoisI Thomas Phillips sur-
veyor of said county do
hereby certify that I have
surveyed section no five in township ten
North of the base line and range nine east of the
fourth principal meridian according to
the original field notes a copy of which I
have procured from the surveyor general’
office at St. Louis and find by accurate
measurement that the East and West line run-
ning through the middle of said sec-
tion runs through the field said to have been
cultivated by Hiram M. Curry in the year
1833 dividing it in such a manner as to throw
a part of said cultivation on the South
West fractional quarter and the reside which
is much the larger portion on the north
West fraction quarter of said section given
from under my hand at my office this 26
Day of November 1836
Thomas Phillips SPC
State of Illinois
Peoria CountyI William Mitchell Clerk of the County Commissioners
Court within & for said County,do hereby certify that
Thomas Phillips Esqr is the County Surveyor within and for the County
of Peoria aforesaid (duly commissioned & qualified) that his commission
was dated on the 12th day of August A.D. 1835 and will expire in
August 1839 — as it appears to me of record in my office and
that his signature following certificate is genuine
in testimony whereof I have hereunto set
my hand and seal of said Court at
Peoria this 15th day of May AD 1838
William Mitchell
ClerkI Charles Ballan[ce] upon oath do state that the above certificte of
Thomas Phillips was signed by him in my presence
C BallanceSubscribed & sworn to before me
This 15 day of May AD 1838
William Mitchell
Clk County Commissioners
Court Peoria County
Ills
State of Illinois
Peoria County
I Linus Scovil of lawful age being
girst duly sworn depose and say that I am the
justice of the peace of said county before whom
the witnesses were sworn who established Hiram
M. Curry’s right of re-emption to the South West
fractional quarter of Section No 5 in Township
10 North of the base line and Range No 9 East of the
4th principal meridian when James Cannon and Har-
ris Whittaker were afterwords brought before me by
Isaac Underhill to recount upon oath the statements
they had formerly made I at first refused to
swear them to said last mentioned affidavits on ac
count of its apparently involving them in perjury
and I inquired of them their motive for so great in-
consistency. They informed me that Isaac Underhill
and Jefferson Taliaferro (who had [floated] on said
Curry’s claim) informed them that they (said Under-
hill & Taliaferro) had had said land surveyed and
had ascertained that no part of the field which said
Curry had cultivated in 1833 was on said tract
of land and therefore as said Curry had [during] said
was cultivated nowhere else they were guilty of perjury
in swearing he had cultivated a part of said
tract during said year and that said Underhill
and Taliaferro had threated to persecute them for
perjury unless they wold recant upon oath
the statements aforesaid respecting said Curry’s
pre-emption. I further state that I am well
acquainted with all the parties and the premises in
dispute that said Curry is a poor man who to
my certain knowledge has lived upon the land
in dispute ever since some time in the year
1832 until a few months past his family has
Been absent (as is said) upon a visit to distant
relatives That I called to see said Curry some
time the fall of 1833 and found him sowing
a crop of wheat and had at the time a crop of corn
and pumkins grown The field he was cultivating
was always understood to be the fraction of section
5 township 10 North of range 9 East partly on the
NW qr and partly on the SW qr but having [nev]
er surveyed it can not say possibly where an East
& west line would run but have no dougt that
the house and part of the field are on the SW frac-
tional quarter Said Witnesses are vry young
and could I presume be easily frightened or per-
suaded to make such recantation without any criminal
intention I was at the time said Curry settled on
said land living in said neighborhood and have
ever since lived there Given from under my
hand this 28th day of January 1837.
Linus Scovill (seal)State of Illinois
Peoria CountyThis day personally appeared
Before me William Mitchell
A notary Public of said County Linus Scovill
personally known to me to be the identical
person who subscribed and swore to the foregoing
instrument of [[writing] and deposed that the
statements therein made are just and true
according to the best of his knowledge & beliefs
I also certify that the said Linus Scovill is
a man of integrity & credibility and that his
statements on oath may be relied on Given
under my hand and seal notarized
at Peoria this 28th January AD 1837
William Mitchell
I Alexander [Forsh] being of lawful age and first duly
sworn testify that sometime in the summer of the
year 1836 in the town of Peoria I heard a conver-
sation between Isaac Underhill and another indi-
vidual respecting his speculations at Rome on the
Illinois River in which said Underhill boasted of
having defeated the pre-emption of a settler in that
neighborhood by procurring his witnesses to swear that
their affidavits by which they established the pre-emp-
tion were not true In that part of the conversation
which was in my hearing he stated distinctly that he had
paid one of said witnesses to with William M. E. Bogar-
dus the sum of two hundred dollars or four hundred
dollars (I am not certain which) to procure him to go
before a justice of the peace and recant upon oath
his former affidavit My impression is that he
did not give the name of the person whose pre-emp-
tion he had endeavored to destroy but he described it
as being a fraction and otherwise so spoke of it as
to have no doubt that it was the pre-emption of
Hiram M. Curry to which he alluded and further this
affiant [soweth] not
Alex H FashState of Illinois
Peoria County
I William Martin a justice of the peace
in and for said county do hereby certify that
on the ninth day of November A D 1837 person
all appeared before me Alexander H [Forsh] and
was by me sworn to the truth of the foregoing
affidavit given under my hand the date
aforesaid
W Martin J P
State of Illinois
Peoria CountyI, William Mitchell, Clerk of the County
Commissioners’ Court for said county, do hereby certify that William
Martin, Esquire, whose name appears to the foregoing certificate, was, on
the day of the date thereof, an acting Justice of the Peace, in and for the county
aforesaid, duly commissioned and qualified, as it appears to me of record in my
office; and that, as such, full faith and credit are due to all his official acts.
In Testimony Whereof, I have hereunto set my
hand, and affixed the seal of said court, at Peoria
this Seventh day of December 1839
William Mitchell Clerk
I Charles Ballomce do solemnly swear that shortly
after Isaac Underhill had filed the affidavits of
William M C [Bojordne] and others in the land office
to defeat H. M. Curry’s right of pre-emption to a tract of
land adjoining Rome in the county of Peoria Ill that
said Curry state to me that said Bogardus had ackn-
owledged to him that said Underhill had bribed him
for the sum of four hundred dollars to swear to an affi
davit contradicting his former affidavit which he
[had] given to establish said Curry’s pre-emption
that supposing if said statement was
true it was not susceptible of proof I paid little
attention to it until about two months ago said Curry in-
formed me he could prove said charge by Alexander H.
[Forsh] part not having an opportunity to take his
affidavit then and his residence being several
miles from here I had not a convenient opportunity
to take it until November 9th last past and it was not
then forwarded to the general land office because I
wished to procure furthere testimony especially
the testimony of Luther sears who was an associate
of said Underhill and who I understood from Forst
knew all about it On this day I called on said Sears who stated
that he heard said [Bocardus] and Underhill bargain-
ing about said affidavit Underhill offered a price
to Bocardus if he would upon oath recant his former affidavit
Bocardus refused to do it for the price offered but agreed
to do it for a large price after a number offers were
made and refused a sum was agreed upon and
the affidavit was made out and sworn to by said Bocardus,
and the price paid by said Underhill, as he understood from
them both, but what was the amount paid said Sears,
could not recollect. After said matter was arranged said
Sears stated that said Underhill explained the transaction
to him and told him that it was Hiram M. Curry’s pre-
emption claim near Rome that said affidavit was
taken to defeat. Said Underhill explained his having to give
so high a price for this affidavit to be that in addition
to the reluctance of the witness to contradict himself he was
interested in Curry’s claim, and it was necessary to give
him more then his interest amounted to to get him
to swear against Curry said Seas who seemed to know all about
the said transaction stated that he had ‘no doubt there was
perjury in the business.” I then asked him if he would
give an affidavit stating these fact, to which he answere-
ed that being a friend of Mr.Underhills he would not
give any statement on oath on the subject, unless required
in a court of justice and in this case he would swear
to the facts as declared to me and related above and further this affi
ant [south] not
Charles Balland
Subsribe and sworn to before me this 7th day
of December AD 1839. In testimony whereof
I have hereunto set my hand and
seal of the County Commissioners Court
of Peoria County, Sate of Illinois this
day & year last aforesaid
william Mitchell Clk
State of Illinois
Peoria CountyClerks Office County Commissioners [County]
William Mitchell clerk of said Court
do hereby certify that Linus Scovill Esqr whose
name appears written to the within certificate was at
this time the same was made an acting Justice
of the Peace in and for said County duly
Commissioned and qualified as affiant of
record in my office and that as such full
faith and credit an [act of rights] ought
to be given to [?] his official acts given
under my hand and seal
said Court at Peoria this
25th day of May AD 1836
William Mithcell
Clk Co Commr PC
8250
Cancelled
QuincyMoney ordered to be re-
funded by the Secretary
of the Treasurey — See letter
to the Regt & Recv dated
11th April 1845Cancelled
Money ordered to be
refunded see letter to
R & R 3d Oct 1838See letter from Honr John t
Stuart enclosing live affidavits
herewith filed — & letter dated 30th
Dec 1839 – & Commr reply of 2 Jany
1840 – also letter to R&R of same
date
We James Cannon and Harris Wittaker
do solemnly swear that Hiram M curry
is not entitled to a preemption to the South
West fractional qtr of Sec No 5 10 N 9 East
for which he has our evidence to his
preemption papers being date 19th March
AD 1836, we were at together unacquainted
with the boundarys of said fractional qr
until a recent survey of the same
and hereby swear that said Curry
never cultivated any part thereof to
our knowlege as set forth in said
preemption papers
James Cannon
his
Harris Wittaker
Sworn to and subscribed before me
this 24th day of May 1836
Linus Scoville
Justice of the Peace
I William M C Bogardus hereby make
oath that Hiram M Curry is not entitled
to a presentation to the SW fractional qr
of Sec no 5 10 North 9 East for which
he has my affadavit concerning I do
not want the Register to receive said
affadavit as there is a mistake inthe
same and further that I swear
that the section lines do not
come within three or four rods of teh
fence where he states that he cultivated
the same, and further one of the [whitnesses]
is Curry’s own son, and the other is
under age
[W M ? Bogandus]State of Illinois
Peoria County
I Lewis Bigelow, an acting
Justice of the Peace within and for
the county of Peoria, hereby certify that on the 23d day
of May AD 1836 the above named William M. C. Bogar
dens personally appeared before me and made oath to
the truth of the foregoing affidavit by him subscribedLewis Bigelow, J. Peace
State of Illinois
Peoria County
Clerks Office County Commissioners Court
William Mitchell Clerk of said Court
I hereby certify that Lewis Bigelow Esqr whose
name appears to the foregoing certificate was at
the time the same was mad an acting Justice
of the Peace in and for said county regularly
commissioned and qualified as appoint of
record in my office and as such full
faith and credit are[and ? rights]
[?] given to are his official acts. In Tes-
timony whereof I have hereunto
set my hand and seal of said
County at Peoria this twenty fifth
day of May A.D. 1836
William Mitchell
Clk
Cancelled
Certificate
8250
and proof belonging theretoCertificate Cancelled
See letter to R & R 3d Oct
1838 also letter
from the Hon John T stuart
dated 30 Oct 183[7] & Commr
reply of 2d Jany 1840 & letter
of same date to R & R
Charles Ballance of Peoria of lawful age deposes
and says in addition to his foregoing that he
has been acquainted with Hiram M Curry
since early in 1832 That in the latter part
said year this deponent and said Curry were
two of the Commissioners appointed by the County
of Peoria to locate a road towards Knoxville to
pass on the North line of the above described
tract that this deponent was then in the house
of said Curry and has frequently been on
the premises same and states of his own knowl-
edge that said Curry has ever since resided on
said land with his family neither has
he ever heard of his having had any othe rhome
during said time nor has he heard of any
other person having a claim to said land
unti the last week
C Ballance
Subscribed & Sworn to
before me on this 30th
day of May 1836.
J H [Racton] J. P.
Sworn to and subscribed before me on this 19th day
of March 1836
Linus Scovill J PWe do swear that the subscribing witnesses to the
within preemption proof are persons of
respectability and their oath entitled to credit
William, Fletcher, Thompson
Linus Scoville junr
Swortn to and subscribed before me on this
26th day of March 1836
Linus scovill JPI do hereby certify that the above named wienesses
are persons of respectability and their oath entitled
to credit
Linus Scovill J PState of Illinois
Peoria County
To wit: William Mitchell clerk of the county
Commissioners Court for said county do certify that Linus
Scovill Esqr whose name appears to the foregoing certificates
was on the day of the date therof an acting Justice of the Peace
in and for said county, dully commissioned and qualified
[seal covering ] to me of record in my office and that as such
[seal covering] and credit are due & are his official acts
In testimony whereof I have hereunto
set my hand and affixed the seal of said
Court at Peoria this 21st day of may 1836
William Mitchell, Clk
I do solemnly swear that I was in actual occupancy
of and raised a crop on the South west fractional
qr of sec 5 town 10 north of range 9 East of the
4th principal meridian in the year 1833 and
that I was in actual possession and occupancy
of the same at the passage of the law on the 19th
of June 1834 and am still in possession and I
hereby apply to enter the same by preemption
agreably to the Act of Congress in that care
made and provided
Hiram M Currey
Sworn to and subscribed before me on this
19th day of March 1836
Linus Scovill JPWe do solemnly swear that Hiram m Currey was
in actual occupancy of and raised a crop on the South
west fractional qr of Sec 5 in Town 10 North of Range
9 East of the 4th principal Meridian in the year
1833 and that he was in actual occupancy of the same
on the 19th of June 1834 and still is in possession
and that we are not interested directly or indirectly
in his obtaining a preemption
Silas Allen
Hames Camon
Harris (his mark) Whitaker
To the Honorable Thomas Ford Judge of the
Peoria Circuit Court in Chancery sitting humbly
complaining showeth unto your Honor your [or tor]
Hiram M. Curry that heretofore to wit in the year one
thousand eight hundred and thirty [twp] your orator found
the south West fractional quarter of section no. five Township ten
North of the base line and Range nine East of the
fourth principal meridian vacant and unoccupied
land belonging to the government of the United States of
America and your orator being desirous of obtaining a
home in this part of the country and aid land having
not then been proclaimed for sale took possession
thereof with the intention of making thereon a preman-
nent home and paying for the same when it should
be offered for sale by the government Your orator fur-
there showeth unto our Honor that he cultivated a portion
of said fractional section of land in and during the year
AD one thousand eight hundred thirty-three
and had a dwelling house thereon which he was living
with his family on the nineteenth of June A D 1834
and was consequently entitled to enter a right of pre-emp
tion thereto under the laws of Congress of said last and
was thereby entitled to buy said tract at one dollar and twen-
ty five cents per acre at any time before the nineteenth
day of June A D 1836 And your orator well hoped
that he would be permitted the peaceable enjoyment of
his [family] home made in those early times amidst
privations and dangers But now so it is may
it Please your Honor one Isaac Underhill who
is hereby made a defendant to this bill sometime
the second day of April in the year A D 1836
went
to the land office at Quincey Illinois and fraudently represented said
tract of land to the Register of said land office as
government land on which no right of pre-emption
existed and entered said land by means of a floating
right obtained under said pre-emption law in the name of
one Charles Hayes who is hereby prayed to be made a
defendant to this bill And afterwards to wit
in or about the second day of My Ad 1836 the said
Underhill presured said Hayes to make an assignment
of said tract of land to one Jefferson Taliaferro who is
also prayed to be made a defendant to
this bill
Your orator further shares that in the
month of April AD 1836 said Underhill surveyed said
tract into town lots and had a plat thereof made and
recorded in the recorders office of said county under the
name of ‘Taliaferro’s Additon Rome’ and on the
fifteenth of said month obtained from said Taliferro
a deed to a portion thereof but whether the whole legal
title that said Taliaferro obtained or may [cu] supposed
to have obtained from said Hayes has been conveyed
to said Underhill your orator does not know
And your orator showeth unto your honor that said
Underhill further to embarrass and defraud your orator sold divers
portions of said tract of land to divers persons
whose names are at present unknown to your orator but
whose names when ascertained your orator prays may
[?] have and they made defendants hereunto
Your orator further showeth unto your honor that your
orator during the existence of said pre-emption land to wit
on the day of June AD 1836 procured all the neces-
sary proofs to be filed in said land office to establish a
right of pre-emption in your orator to said tract of land
whereupon said register and Receiver decided that your
orator was entitled to said land notwithstanding the
orator was entitled
———————
said entry made by said Underhill as aforesaid and
your orator thereupon bought said land of said Register
and Receiver pursuant to the provisions of said pre-
emption law and received the usual duplicate receipt
showing that fact which duplicate is herewith shown
to the court and prayed to be taken as a part of this
bill Your orator further showeth unto your Honor
that after said last mentioned entry or purchase was
made said Underhill procured and sent tot he commissioners
of the general land office, certain affidavits tending to prove that
if the line between the North and South halves of said
section was properly surveyed the cultivation would fall on the
north half whereas his house was on the South half to
rebut which your orator procured and sent to the commissioner
of the General land office an official certificate of the county
surveyor of Peoria county certifying that he had run said
line bounding to the original field notes and a portion of said
cultivation was on the tract in controversy on the
reception of which said commissioner adjudged your
orators evidence conclusive but for form’s sake sent
back the surveyors certificate with a request that the
county seal might be attached to[document] the official
[hamiter] of said surveyor whereupon your orator [pro-]
[red]said sent to be attached this to with the certificate of
said clerk that of the official character of said surveyor
and all that said commissioners required being complied
with your orator rested cont[ent] and well hopes the
question was settled forever but to your orators utter as-
tonishment and dismay some months afterwards he
received a letter from Samuel [Leech] Commissioner of the
said land office at Quincy enclosing a copy of a letter
which it was stated that the claim of your orator was
adjudged bad and the claim of said Underhill who
held under said Haye’s as aforesaid adjudged good and
that it was filed away for a patent to issue in due
course
And afterwards to with on the twenty first day of
January AD one thousand eight hundred and forty a
patent was made out in due form granting said land
absolutely from the United States to said Charles’ HayesBut if your orator charges
the legal title to said land is in said Hayes and has
not passed so said Taliaferro Underhill& many of their
[minders] for your orator charges that said assignment
is not such an instrument as can pass the legal
title in said premises
All of which outings and doings of the said under
Hayes, Taliaferro and their confederate are contrary
to equity and good [measure] and tend to the many
injury and impoverishment of your orator whereupon
you as much as your orator is without relief under the [strict]
ness of the common laws but is re[trevable]
in a court of equity only where matters of this
sort are properly cognizable and relievable therefore
May it please your honor to grant unto your orator
the People’s most gracious writ of summons to be directed
to the said Isaac Underhill, Charles Hayes and Jefferson
Taliaferro thereby commanding them and each of them at
a certain day and under a certain point therein to be lim[it]
personally to be and appear before your Honor in this Honora
ble court and then and there the said Hayes’ or his corporate oath
and the said Underhill and Taliaferro without full true [?]
perfect answers make to all and singular the premises
And may the said Hayes be required to answer on oath afore-
said particularly whether he was entitled to a floating right to
any land under the pre-emption law aforesaid and
if he was what facts [earsted] to entitle him thereto and
more particularly whether he lived on government land or
on land that had long before been granted to or private indi-
vidiual on the nineteenth day of June A D 1834
And whether the South West fractional quarter of section
five in Township ten North of the base line and Range nine
East of the fourth principal meridian was entered by him or by another
in his name without his consent and whether he has
since conveyed the same away to any other person or
persons. If he h[ears] to whom he has conveyed And may
the said Underhill and Taliafero parties only state without
oath as aforesaid what title they jointly or severally have in
said premises what parts they have sold to each other or to
others at what time and to whom sold and for what price
And may said Hays, Underhill and Taliferro
be compelled
to execute and deliver to your orator a good and sufficient
deed of conveyance conveying to your orator all the right title
and interest which they or either of them has in said premises
with [increments] of warranty warranting said premises to your
orator against the acts of the said Hays Underhill and Talia-
fero by them sincerely done and [committed] and against
all persons claiming by through or under the person thus
warranting and further may they stand to abid
and perform such further orders direction and [direct]
therein as to your honor shall sum [mut]
And may it please your Honor to grant unto your
orator such other and further relief as equity any justice shall
require and to your Honor shall seem mut and your orator
as in duty bound will ever pray
Hiram M. Curry
Pr C. Bullance [solicitor]
Hiram M Curry
vs
Isaac Underhill et al
Bill in EquityFiled July 7th AD 1840
William Mitchell
In this case the clerk will issue summons to the county
of Peoria against Isaac Underhill to the county of Tazewell
against Jefferson Taliferro and to the county of McDonough
against Charles Hayes
C. Ballance sol. for compt
The summon of Isaac Underhill to the bill
in chancery filed by one Hiram M
Curry in the Circuit Court for Peoria
County against himself Charles Hays
and Jeferson Taliaferro.
This respondent admits that the South
West fractional quarter of section five T 10 N
(E belonged to the government of the United
States in AD 1832, but he says it is [not true]
complainant cultivated any
portion of this tract of land in the
year AD 1833 nor at any time since
as the respondent is informed and
verily believes.
This respondent further says that he
never did represent tot he Register of the land
office at Quincy that no preemption rights
existed to said tract of land though had
such representation been [noodes] to want
have been justified by the facts He admits
that said Taliaferro purchased a floating
claim of said Hays and entered the said
tract of land in April 1836. Hays
then assigned the certificate of entry to said
Taliaferro who conveyed all his right
and interests in the land to this person
and by deed. He also admists that he laid off
the town of Rome on a portion of the said tract of land
and has since sold some of the lots to different
individuals.
This respondens also admits that the com-
plainant by misrepresenting the situation of
the land impose and some individuals
so far as to indue them to attempt to prove
a right of presumption in said Curry and this
respondent thinks it not impossible that
Register and Receiver of the land office
unsuspecting of a fraud and no [caus?]
evidence being before them might have per-
mitted to complainant to enter the land.
This respondent also admits to the time that
soon after the land it [sacmoured] that Curry
had been permitted to enter the land, to purchase
the affidavits of several persons acquainted
with the facts (among them were the witnesses
who proved Curry preemption) in which
affidavits it was stated that Curry never
had cultivated the aforesaid tract of land
This respondent also admits that one
Charles Ballance who was then acting as the
attorney for the complainant by misrepre-
senting to the county surveyor the course
of the lines indused him to give the certificate
mentioned in the bill, then the said Ballance
was enabled the to induce the county surveyor more easily to believe these
false statements, as he had been [coerced]
by surveyor himself was at time [prevailing]
This respondent also says that the said county
surveyor soon after he had given the certificate
to the said Ballance, discovered the [imposetion]
that had been practiced and him, and having
surveyed the land accurately according [to the] field
notes, gave this respondent a certificate stating
the above parts and was no appearance
of them said having been any cultivation on the
said tract of land. This respondent sent
the aforesaid testimony to the commissioner
of the General Land office and he thinks [?]
the complainent ought not to have been surprised,
should have issued to Hays after this fraud
had been thus fully brought tot he know-
ledge of the land officers.
This respondent admits that he sold
several of the towns lots laid off on said land
but when & to whom he cannot now
answer with precision having no mem
orandum of the sales. He thinks he sold the
most of them in AD 1836 and supposes that
the owners names may be found in the reco
ders office, as acceptable to the complainant
as to this respondent he has forgotten to whom
the lots were sold, and could only ascertain
them by searching the said records.
This respondent further answers and says that
he denies that the said complainant ever had a
right or preemption to the said South west fraction
quarter
And the respondent having
this fully answered [froze] that
he may be dismissed with his
costs.
Isaac Underhill[?] known to befor
[?] 8 day of August 1840
William Mitchell
Deposition of George C McFaddon of the County of Peoria and
State of Illinois taken on the fifth and sixth days of October AD
1840 between the hours of 10 in the morning and five in evening of
the said Hays in the office of William Mitchell Clerk of the Circuit
Court within the said county to be used in evidence in a cause
pending in the Circuit Court of said County with Chancery
[bids] thereof wherein Hiram M Curry is complainant
and Isaac Underhill, Jeferson Taliaferro and Charles Hays are
defendants on behalf of the said defendants the said
George C McFadden doth depose Hays, in answer to
the following interrogations
1st Have you surveyed the South West qr Section five
Township 10 North Range 9 East of the [4] MeridianAns: He Has
2ns: State whether there is any appearance of cultivation
on said quarterAns: Witness was requested to examine as to whether
the said quarter had been cultivated and was not
able to discover that there had been anything like
cultivation upon it3rd Had there been any cultivation upon it in the
year 1833 would have perceived the evidence
of itAns: should think there might
4th Is there any appearance of cultivation in the vicinity of this quarter?
Ans: witness refers to a map which is marked A and
made a part of this deposition, the place on said
map marked “orchard cultivated ground” and
the place marked “old cultivated ground called
the Taliferro place” appeared to have been cultivated
and they are the only places in the vicinity of said
quarter which have been cultivated5th Are you the County surveyor of Peoria county
and is the said map is a correct survey of
said groundAns: witness is the county surveyor of Peoria County
and the map and survey is correctCross Examination by the complainant
1st What is the description of the said quarter section and
the adjacent ground?Ans: Prairie
2nd: Are any of ancient corners of said section remaining
Ans: None that he could find
3rd: How did you ascertain the true position of the
line through the middle of said frac section?Ans: witness commenced about a mile and a half
in the township line between ten North Eight & Nine
[fall] and run North to the center of section six north
west side then run East one mile to the quarter
section corner between five & six, then to [prove ther]
that was right run South to the river, thirty one
chains then run from same corner North to
the corner of section five & six on township line
the corner of Section five & six on township line
then run East 33 chains & 6 links to the Illinois
river, which comes out within a few [links] of
the field with distance and that witness judges
was about right4th Is the bank of the River where the three lines as
laid down on the map strike it, a sudden
cliff or a gradual slope?Ans: A gradual slope, a little rough on the start
but gradual afterwards5th Do the lines as you have surveyed them terminate
at high or low water mark?Ans: The North line would terminate at high
water [nexth] with the field [in the] distances, the
other two lines are about average distance
between high & low water marks6th By what field notes did you survey this tract
Ans: by the field notes which witness purchased from
Captain Phillips the former County surveyor, and witness
has no doubts they are true copies of the original notes
as they have always agreed with his surveys7th Have you any personal knowledge that they were
copied from the original field notes?Ans: Has not
8th In running the lines of said quarter how much
did you allow for the variation of the compass?Ans: Seven degrees & twenty minutes
9th If a mistake was made in the degree of variation
how much wold it make in missing a [field]Ans: One chain and forty links
10th Is any part of the fence remaining on the South
side of the piece marked on the map “old cultivated
ground”?Ans: thinks not
11th How far does the North line of said fractional
quarter run south of where cultivation appears
to have been as marked on the plat?Ans: From fifty to seventy five links
By the defendants
Was the corner you started from, the one established
by the United States?Ans: Witness supposed it was, on the township line
containing that quarterWhat is the true varratin of the compass
Ans: seven degrees & twenty minutes
By the complainant
How did you ascertain the true variation of eh compass?
Ans: By running on different lines and making the
variation to follow said lines witness has been surveying
in Peoria County more or less for four years, and has
been county surveyor about a year
G. C. McFaddenState of Illinois
Peoria County
I William Mitchell Clerk of the Circuit Court
within and for said county do hereby certify that George C
McFadden was by me sworn to testify the truths, the
whole truth and nothing but the truth, as a witness in the
above entitled cause, and that foregoing deposition by him
submitted was taken as the time and place aforesaid and
reduced to writing by me
Given under my hand and seal
of said Court at Peoria this 6th day
of [December] AD 1840
William Mitchell
ClerkFees for taking Dep 1.87
Hiram M. Curry
vs
UnderhillDeposition of E McFaden Hays et al
A survey of teh S.W. quarter of Section5 Township 10 N R 9 E of teh 4th Prl Meredian
(For Isaac Underhill) Beginning at a part of sstone set for 1/4 secton corner between sections
5 7 6 thence East 20 chains to the bank of the Illinois river, thence S 30 [W] two chains
thence S 30 degrees E three chaines, thens S 56 degrees W four chains and fifty links, thence S 30 degrees W eight
chains, thens S 34 degrees W twelve chains, thens S 41 degrees W nine chanes (the corner described in the
field notes is destroyed) thence North thirty one chains to the place of beginnings, containg
31 83/100 acres of land, surveyed according tot he original field notes, July 22nd 1840
Variation 7 degrees 20 minutes
G. C. McFadden CSPC
A Survey of the
S.W. Qr of Sect. 5
T10 N R 9 E pr
Isaac UnderhillAttest William Mitchell
I didn’t read through all your transcripts, but I wanted to mention that some counties kept books to summarize court judgments. You might be able to find the resolution to your case that way.
Comments are closed.